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09/17/2020Thursday, September 17, 2020 6:00 PM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers City Council Meeting Agenda September 17, 2020City Council Meeting Agenda To ensure public safety and comply with the Governor's Safer at Home order in response to the COVID-19 virus, the Clearwater City Council will hold a public meeting on Thursday, September 17, 2020 at 6:00 p.m. using communications media technology. Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron DeSantis on March 20, 2020, municipalities may conduct meetings of their governing boards without having a quorum of its members present physically or at any specific location, and utilizing communications media technology such as telephonic or video conferencing, as provided by Section 120.54(5)(b)2, Florida Statutes. The meeting will be held through the Zoom platform and will be broadcast live on the city's website (https://www.myclearwater.com/government/council-meeting-streaming-videos), o n F a c e b o o k ( w w w . f a c e b o o k . c o m / c i t y o f c l e a r w a t e r ) a n d o n Y o u T u b e (www.youtube.com/myclearwater) as well as the following public access TV channels: Spectrum Channel 638, Frontier Channel 30 and WOW! Channel 15. Citizens wishing to provide comments on an agenda item are encouraged to do so in advance through written comment. The City has established the following four options to ensure public comment for a virtual meeting: 1)eComments via Granicus - eComments is integrated with the published meeting agenda. Individuals may review the agenda item details and indicate their position on the item. You will be prompted to set up a user profile to allow you to comment, which will become part of the official public record. The eComment period is open from the time the agenda is published. Comments received during the meeting will become part of the official record, if posted prior to the closing of public comment. The City Clerk will read received comments into the record. 2)Email – Individuals may submit written comments or videos to ClearwaterCouncil@myclearwater.com. All comments received by 5 p.m. the day before the meeting (September 16) will become part of the official record. The City Clerk will read received comments into the record. 3)Call-in - During the meeting individuals will be able to call in to 562-4646 and be placed on-air to speak to an individual item. 4)Council Chambers - Additionally, like any other council meeting, the public may provide public comment at the Main Library, Council Chambers, 100 N Osceola Avenue. Due to COVID-19, all speakers desiring to appear in person will be subject to all applicable emergency measures in place to prevent the further spread of COVID-19. Speakers who appear in person will be subject to screening for symptoms of COVID-19. Any persons exhibiting any symptoms of COVID-19 will not be permitted to enter council chambers but will be able to participate through the remote options described above. Individuals with disabilities who need reasonable accommodations to effectively participate in this meeting are asked to contact the City Clerk at (727)562-4092 or rosemarie.call@myclearwater.com in advance. 1. Call to Order 2. Invocation 3. Pledge of Allegiance Page 2 City of Clearwater Printed on 9/17/2020 September 17, 2020City Council Meeting Agenda 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 International Day of Peace Proclamation - Father Bob Swick 4.2 National Assisted Living Week Proclamation - Lauren Perry, Executive Director of The Colonnade at Beckett Lake 4.3 Salvation Army Day Proclamation - Major Ted Morris, The Salvation Army of Clearwater and Upper Pinellas County 5. Approval of Minutes 5.1 Approve the minutes of the September 3, 2020 City Council Meeting as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda 7. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. 7.1 Approve the purchase of excess liability, excess workers compensation and numerous specialty insurance policies, from October 1, 2020 through September 30, 2021, at an amount not to exceed $1,000,000 and authorize the appropriate officials to execute same. (consent) 7.2 Authorize the funding of city paid life insurance and long-term disability benefits for the Administration Management Services Agreement with Unum Life Insurance Company of America, with a 0% increase, in the amount of $808,000 for the period January 2021 through December 2022 and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater Printed on 9/17/2020 September 17, 2020City Council Meeting Agenda 7.3 Authorize award of Invitation to Bid 37-20, Tree Assessment and Inventory Survey, to E-Sciences, Inc., in the annual amount of $30,000 for a period of five years beginning September 2020 through October 2025 for a total not-to-exceed amount of $150,000 and authorize the appropriate officials to execute same. (consent) 7.4 Approve a one-year Agreement with Juvenile Welfare Board (JWB) and the City of Clearwater for funding youth programs and approve a first quarter budget amendment of $394,095 in special program G2107, JWB Youth Programming and authorize the appropriate officials to execute same. (consent) 7.5 Approve a revised Standard Agreement Form to be used with the various Youth Co-Sponsor Groups and the City of Clearwater and authorize the appropriate officials to execute same. (consent) 7.6 Approve a contract with the Pinellas County Sheriff’s Office, Largo, Florida, in the amount not to exceed $582,070, which includes 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, 2020 through September 30, 2021, and authorize the appropriate officials to execute same. (consent) 7.7 Approve an agreement between Clearwater Towing Service, Incorporated and the City of Clearwater to provide full-service vehicle removal, towing, storage, and transport and impound services to accommodate all needs of the Clearwater Police Department and the City’s Fleet Maintenance Division, authorize the appropriate officials to execute same, and ratify and confirm Fourth Extension to the Vehicle Towing Contract bridging the 23-day gap between the expiration of the Third Extension and start of the new agreement. (consent) 7.8 Approve renewal of the TriTech Software Support Agreement, in the amount of $189,096.22, for a 12-month period beginning October 1, 2020 and ending September 30, 2021, and authorize the appropriate officials to execute same. (consent) 7.9 Approve an Interlocal Agreement between the Clearwater Community Redevelopment Agency (CRA) and the City of Clearwater to provide CRA funding in Fiscal Year 2020-2021 in the amount of $250,268.12 to underwrite the cost of additional Community Policing services by the Clearwater Police Department in the Downtown Gateway District, Prospect Lake District, and the Downtown Core District, encompassed by the CRA to address quality of life issues, drug dealing, prostitution, and homelessness and authorize the appropriate officials execute same. (consent) 7.10 Approve RFQ 40-20 for selection of firms to provide Construction Manager at Risk (CMAR) Services for Continuing Contracts, as listed, for a period of four years and authorize the appropriate officials to execute same. (consent) Page 4 City of Clearwater Printed on 9/17/2020 September 17, 2020City Council Meeting Agenda 7.11 Approve Engineer of Record (EOR) work order to Biller Reinhart Engineering Group, Inc., for 2021 Bridges Repair (20-0027-EN) in the amount of $161,150 and authorize the appropriate officials to execute same. (consent) 7.12 Approve Change Order Two to Paramount Painting and Services, Inc. of Tampa, FL, for East WRF RDT Building Repair (18-0016-UT) in the amount of $98,814, increasing the contract from $131,580 to $230,394, and authorize the appropriate officials to execute same. (consent) 7.13 Ratify and confirm $38,000 of the $140,870 work order for America’s Water infrastructure Act and Public Utilities Emergency Response Plans (19-0030-UT), approve a five-year agreement with Black and Veatch, of Tampa, Florida, per RFQ 30-20, and authorize the appropriate officials to execute same. (consent) 7.14 Approve an Interlocal Agreement with Pinellas County for $750,000 in Penny IV Assistance toward the Gulf Boulevard Improvement Plan for related Eligible Project work from January 1, 2020 through September 30, 2026 and authorize the appropriate officials to execute same. (consent) 7.15 Approve Amendment No. 1 for the Emergency Medical Services ALS First Responder Agreement between Pinellas County and City of Clearwater for a budget increase for emergency medical services to the Clearwater Fire District and authorize the appropriate officials to execute same. (consent) 7.16 Authorize a Purchase Order to Ten-8 Fire Equipment Inc., of Bradenton, FL, for the purchase of two new Pierce Heavy Duty Velocity Pumpers in an amount of $1,334,223.00 in accordance with Sec. 2.564(1)(d), Clearwater Code of Ordinances - Other Governmental Entities Bids; declare G2946 and G2611 surplus effective upon receipt of the two purchased vehicles and authorize for disposal at auction in accordance with Clearwater Code of Ordinances Section 2.622 or authorize trade-in in accordance with Section 2.624 Clearwater Code of Ordinances- Exceptions to auction sale bidding procedures whichever is deemed to be in the City’s best interests; and authorize the appropriate officials to execute same. (consent) 7.17 Approve a contract (purchase order) to Oracle America, Inc., Redwood Shores, CA for the period of October 1, 2020 through September 30, 2021 for software maintenance, at a cost not to exceed $299,000.00 in accordance with Sec. 2.564(1) (b) Clearwater Code of Ordinances, sole source, and authorize the appropriate officials to execute same. (consent) 7.18 Authorize piggyback off of the State of Florida Department of Management Services Contract DMS-10/11-008C, for basic cellular/smart phones and mobile data services, with Verizon Wireless, in an amount not to exceed $675,000 for the period October 1, 2020 through September 30, 2021, pursuant to Clearwater Code of Ordinances Section 2.564 (1)(d) Other Government Entities Bids and authorize the appropriate officials to execute same. (consent) Page 5 City of Clearwater Printed on 9/17/2020 September 17, 2020City Council Meeting Agenda 7.19 Authorize a purchase order to Palmdale Oil Company of Ft. Pierce, FL to provide oils and lubricants for a not to exceed amount of $225,000 for period October 1, 2020 through July 31, 2023 with one additional two-year renewal at a not to exceed amount of $150,000 at the City’s discretion, pursuant to Clearwater Code of Ordinances Section 2.564(1)(d) Cooperative Contracts and authorize the appropriate officials to execute same. (consent) 7.20 Approve an agreement with the Law Firm of Dean, Mead & Dunbar to provide lobbying services at the state level from October 1, 2020 through September 30, 2024 at a cost of $4,000 per month, plus estimated expenses of $4,800, not to exceed $52,800 per year, and authorize the appropriate officials to execute same. (consent) Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 8.1 Adopt Ordinance 9407-20 on second reading, declaring the millage rate to be levied for the Fiscal Year beginning October 1, 2020 and ending September 30, 2021, for operating purposes including the funding of pensions, debt service, and road maintenance for capital improvement expenditures at 5.9550 mills. 8.2 Adopt Ordinance 9408-20 on second reading, adopting an Operating Budget for the Fiscal Year beginning October 1, 2020 and ending September 30, 2021, authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the service programs so authorized; authorizing the City Manager to transfer monies and programs among the departments and activities within any fund as provided by Chapter 2 of the Clearwater Code of Ordinances. Page 6 City of Clearwater Printed on 9/17/2020 September 17, 2020City Council Meeting Agenda 8.3 Adopt Ordinance 9409-20 on second reading, adopting the Capital Improvement Program Budget for the Fiscal Year beginning October 1, 2020 and ending September 30, 2021; approving the six-year Capital Improvement Program, which shall be reevaluated at the beginning of each Fiscal Year; authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the capital improvements so authorized; authorizing the City Manager to transfer money between programs in the Capital Improvement Program; and appropriating available and anticipated resources for the projects identified. 8.4 Provide direction on the proposed first amendment to an existing Development Agreement between the City of Clearwater and East Shore International Enterprises, LLC and 411ES, LLC, which provides a one-year extension for site plan approval and confirm a second public hearing in City Council Chambers before City Council on October 1, 2020 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2019-03001; 400/405/408/409/411 East Shore Drive). 9. City Manager Reports 9.1 Amend the City’s fiscal year 2019/20 operating and capital improvement budgets at third quarter and pass Ordinances 9410-20 and 9411-20 on first reading. 9.2 Appoint eleven members to the Affordable Housing Advisory Committee, to include Councilmember Kathleen Beckman as the locally elected official, and adopt Resolution 20-50. 9.3 Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-51. 10. City Attorney Reports 11. Closing comments by Councilmembers (limited to 3 minutes) 12. Closing Comments by Mayor 13. Adjourn Page 7 City of Clearwater Printed on 9/17/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8153 Agenda Date: 9/17/2020 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.1 SUBJECT/RECOMMENDATION: International Day of Peace Proclamation - Father Bob Swick SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/17/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8219 Agenda Date: 9/17/2020 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.2 SUBJECT/RECOMMENDATION: National Assisted Living Week Proclamation - Lauren Perry, Executive Director of The Colonnade at Beckett Lake SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/17/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8279 Agenda Date: 9/17/2020 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.3 SUBJECT/RECOMMENDATION: Salvation Army Day Proclamation - Major Ted Morris, The Salvation Army of Clearwater and Upper Pinellas County SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/17/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8251 Agenda Date: 9/17/2020 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the September 3, 2020 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/17/2020 City Council Meeting Minutes September 3, 2020 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, September 3, 2020 6:00 PM Main Library - Council Chambers City Council Draft City Council Meeting Minutes September 3, 2020 Page 2 City of Clearwater To ensure public safety and comply with the Governor's Safer at Home order in response to the COVID-19 virus, the Clearwater City Council will hold a public meeting on Thursday, September 3, 2020 at 6:00 p.m. using communications media technology. Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron DeSantis on March 20, 2020, municipalities may conduct meetings of their governing boards without having a quorum of its members present physically or at any specific location, and utilizing communications media technology such as telephonic or video conferencing, as provided by Section 120.54(5)(b)2, Florida Statutes. Rollcall Present: 5 - Mayor Frank Hibbard, Councilmember Hoyt Hamilton, Vice Mayor David Allbritton, Councilmember Mark Bunker and Councilmember Kathleen Beckman Also Present: William B. Horne II – City Manager, Micah Maxwell – Assistant 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. Unapproved 1. Call to Order – Mayor Hibbard The meeting was called to order at 6:00 pm via communications media technology. 2. Invocation – Rev. Jefferson Cox from Grace Lutheran Church 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 2020 - Jennifer Obermaier, Library Director 5. Approval of Minutes 5.1 Approve the minutes of the August 20, 2020 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Hamilton moved to approve the minutes of the Draft City Council Meeting Minutes September 3, 2020 Page 3 City of Clearwater August 20, 2020 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 Mr. Williams presented Infinity Clearwater, a healthy lifestyle and conscious living component of Imagine Clearwater that will incorporate art and technology into the park. Holly proposed that the former North Ward School be used as an art community center with community gardens and offer an educational program for creative skills and entrepreneurship. Joanne Klistch expressed concerns with the potholes and road condition on Whitman Street. She said the flyers she distributed regarding The Landings included a misprint; she will be distributing corrected flyers. Jess Anderson submitted a comment on youth sports activity, which was read into the record by the City Clerk (see page 28). Elizabeth Davis submitted an eComment opposing the development of The Landings, which was read into the record by the City Clerk (see page 25). Lisa Lanza opposed the development of The Landings. 7. Consent Agenda – Approved as submitted, less Items 7.2, 7.9-7.11, 7.15 and 7.22 7.1 Approve not-to-exceed increase of $125,000 to Hilltop Securities Inc. (Hilltop) for spring training deal structure consulting services provided by ICON Venue Group, LLC d/b/a CAA ICON (CAA ICON) as subconsultant to Hilltop per Amendment 1 to the agreement dated April 17, 2019 between Hilltop and CAA ICON, approve a not-to-exceed administrative fee increase of $5,000 to Hilltop per the agreement between Hilltop and the City, bringing the total for contract No. 900622 to $188,059.17 and authorize the appropriate officials to execute same. (consent) 7.2 Approve Option 2 the Clearwater Main Library Imagine Clearwater Construction Scheduling. (consent) Draft City Council Meeting Minutes September 3, 2020 Page 4 City of Clearwater See below. 7.3 Approve agreement for professional external audit services for five fiscal years ending September 30, 2020 through 2024, with the accounting/auditing firm of Carr, Riggs and Ingram, LLC, for a not-to-exceed amount of $711,700 and authorize the appropriate officials to execute same. (consent) 7.4 Approve Memorandum of Assumption with Resources Investment Advisors, LLC for investment advisory services for the City’s 457 Deferred Compensation Plan and 401(a) Money Purchase Pension Plan and authorize the appropriate officials to execute same. (consent) 7.5 Approve an Extended Warranty Service Agreement and Purchase Order, in the amount of $525,000, with Tecogen, Inc., for the period October 1, 2020 through September 30, 2029, for service maintenance on three Tecochill air conditioning units and authorize the appropriate officials to execute same. (consent) 7.6 Authorize the funding of city medical insurance for the Administrative Services Agreement between the City and Cigna Healthcare under a self-insured funding arrangement for the period January 1, 2021 through December 31, 2021, at a total not-to-exceed $21.5 million, to be funded by city budgeted funds, payroll deductions of employees and retiree premiums. (consent) 7.7 Approve a one-year renewal term for the professional services agreement between the City of Clearwater and Cigna Onsite Health, LLC to provide onsite health clinic services to employees, family members, and retirees who are covered by the City of Clearwater health insurance not to exceed $1.7 million and authorize the appropriate officials to execute same. (consent) 7.8 Approve a proposal by Construction Manager at Risk Keystone Excavators, Inc. of Oldsmar, Florida in the amount of $268,417.05 for site work and improvements at Valencia Park located at 2050 Hercules Avenue and authorize the appropriate officials to execute same. (consent) 7.9 Approve the First Amendment to the Host Venue Agreement between the City and Competitor Group, Inc. (CGI) for the Rock ‘n’ Roll Marathon Series to update the term of the agreement and authorize the appropriate officials to execute same. (consent) See below. 7.10 Ratify and confirm a first amendment to the Joint Project Agreement (JPA) between Draft City Council Meeting Minutes September 3, 2020 Page 5 City of Clearwater Pinellas County and the City of Clearwater for the Sunset Point Road at Betty Lane Utility Relocation Project (17-0012-UT) for an increase of $333,108.17, from $402,948 to $736,056.17, and authorize the appropriate officials to execute same. (consent) See below. 7.11 Approve Construction Manager at Risk (CMAR) proposal from Skanska, Inc., of Tampa, FL, for installation of supportive infrastructure for Imagine Clearwater (17-0031-EN) at the Guaranteed Maximum Price (GMP) of $1,184,090 and authorize the appropriate officials to execute same. (consent) See below. 7.12 Award a construction contract to David Nelson Construction Company, of Palm Harbor, Florida, for Invitation to Bid (ITB) 20-0029-EN 2021 Annual Stormwater Repairs in the annual amount of $1,500,000 for an initial one-year term with an option to renew for three additional one-year renewal terms on a unit price basis and authorize the appropriate officials to execute same. (consent) 7.13 Award a construction contract to Shenandoah General Construction Company, of Pompano Beach, Florida, for Invitation to Bid (ITB) 20-0019-EN 2021 Stormwater Pipe Cleaning in the annual amount of $400,000 for an initial one-year term with an option to renew for three additional one-year renewal terms on a unit price basis and authorize the appropriate officials to execute same. (consent) 7.14 Approve the conveyance of a Distribution Easement to Duke Energy Florida, LLC, d/b/a Duke Energy, for the installation, operation and maintenance of electric facilities to support Duke’s new transformers and electrical facility installation for the Imagine Clearwater project. (consent) 7.15 Authorize a Work Order to HDR, Inc. of Tampa, Florida in the amount of $236,324 to assist in updating the City’s Comprehensive Plan per Clearwater Code of Ordinances, 2.564(1)(d) Other Government Contracts, and authorize the appropriate officials to execute same. (consent) See below. 7.16 Authorize a purchase order to CDW Government LLC (CDW-G), of Vernon Hills, IL, in the amount of $156,377.00, pursuant to Clearwater Code of Ordinances Section 2.564(1)(d) Exceptions to Bid - Other Government Entities’ Bids, authorize lease purchase under the City's Master Lease Purchase Agreement or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City's best interests, and authorize the appropriate officials to execute same. (consent) 7.17 Authorize the award of Invitation to Bid 43-20, Laboratory Services, to Flowers Chemical Laboratories, Inc of Altamonte Springs, FL and Pace Analytical Services, LLC of Draft City Council Meeting Minutes September 3, 2020 Page 6 City of Clearwater Oldsmar, FL for an annual not-to-exceed amount of $400,000.00 with the option for two, one-year extensions at the City’s discretion, and authorize the appropriate officials to execute same. (consent) 7.18 Approve the renewal agreement and purchase order to Cayenta, a division of N. Harris Computer Corporation, for support and maintenance related to the Utility Management System, for a total not-to-exceed amount of $774,366.15 for the 5-year term beginning November 1, 2020 through October 31, 2025, per Clearwater Code of Ordinances Section 2.564 (1)(e) Impractical to bid and authorize the appropriate officials to execute same. (consent) 7.19 Approve a Purchase Order increase to Clearwater Towing Service, Inc., of Clearwater, FL, in the amount of $15,000 for a total not to exceed amount of $75,000 for remainder of this term ending September 30, 2020, to accommodate towing services for all city-wide equipment, and authorize the appropriate officials to execute same. (consent) 7.20 Approve an increase to Contract 900048, Hose and Hydraulics, Inc. of Clearwater, FL, in the amount of $100,000 for the remainder of the third year term, bringing the total amount to $325,000, increase the final two terms of the contract expiring August 10, 2022 to $325,000 for the purchase of replacement hydraulic parts, repairs and service for vehicles and equipment used by city departments, in accordance with Clearwater Code of Ordinances Sec. 2.564(1)(d), Other Government Entities Bids, and authorize the appropriate officials to execute same. (consent) 7.21 Appoint Janelle Branch to the Brownfields Advisory Board, as a business owner or representative, with a term to expire September 30, 2024. (consent) 7.22 Increase the amount of the contract with Manson Bolves Donaldson Varn for outside counsel representation in Seminole Boat Docks land ownership issues for a not exceed amount of exceed $25,000, for a new contract total of not to exceed $75,000, approve the amendment to the Legal Services Agreement increasing the contract amount, and authorize the appropriate officials to execute same. (consent) see below. 7.23 Approve a Special Magistrate Services Agreement with Nancy Mag, Esq. and authorize the appropriate officials to execute same. (consent) Councilmember Hamilton moved to approve the Consent Agenda as submitted, less Items 7.2, 7.9-7.11, 7.15 and 7.22, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Draft City Council Meeting Minutes September 3, 2020 Page 7 City of Clearwater 7.2 Approve Option 2 the Clearwater Main Library Imagine Clearwater Construction Scheduling. (consent) At the August 6, 2020 city council meeting, staff was provided direction to move forward with the construction component of the Main Library renovations in conjunction with the Imagine Clearwater Plan. In working with contractor Skanska, staff has developed two construction options: Option 1 - This option will allow for limited use of the library by patrons by bifurcating construction work on the first floor with a temporary wall. The construction timeline for Option 1 is roughly thirteen months. Keeping the library open during renovations the City will incur additional costs due to the protracted construction timeline. Option 2 - This option calls for closing the main library for approximately 9 months to all patrons. This option allows the contractor to complete their construction in almost 1/3 of the time as mentioned in Option 1. Saving additional time and money with a proposed project completion of 9 months instead of 13. Due to the operational and financial impacts of Option 1, staff is recommending that Council pursue Option 2 which would result in a full and complete closure of the main library for 9 months. City Administration and Library staff feel that the library system is well positioned to absorb this impact. To offset patron impact to the library system, staff is planning to temporarily reassign staff from the Main Library to North Greenwood and Beach Library branches to provide increased operational hours while the Main Library is closed due to renovation. At the August 31 work session, there was council consensus to proceed with the shorter timeline. Staff was directed to proceed with Option 2. One individual submitted an eComment opposing Item 7.2, which the City Clerk read into the record (see page 26). One individual questioned if the equipment from the Legacy room will be available at another facility while the Main Library is closed for renovations. Library Director Jennifer Obermaier said the equipment could be relocated to another facility but was not aware of the costs associated with relocating the materials. Councilmember Hamilton moved to approve Item 7.2. The motion Draft City Council Meeting Minutes September 3, 2020 Page 8 City of Clearwater was duly seconded and carried unanimously. 7.9 Approve the First Amendment to the Host Venue Agreement between the City and Competitor Group, Inc. (CGI) for the Rock ‘n’ Roll Marathon Series to update the term of the agreement and authorize the appropriate officials to execute same. (consent) On February 6, 2020, Council approved a Host Venue Agreement with CGI, the operator of the Rock ‘n’ Roll Marathon Series, to bring this signature running event to Clearwater. The agreement provided for the race dates to begin in October 2020 and extend through October 2024. Due to issues caused by the COVID-19 pandemic and the more defined schedule for the Imagine Clearwater project, CGI is requesting that the race dates be modified to begin in October 2022 and extend through October 2026. This will allow the City to provide a signature running event showcasing the newly opened Imagine Clearwater location. In addition, it will provide CGI as well as the City the opportunity to attract the most runners to not only participate in the race but to get to know the many amenities that Clearwater has to offer. All other terms of the agreement remain unchanged and in full force and effect. Councilmember Hamilton moved to approve the First Amendment to the Host Venue Agreement between the City and Competitor Group, Inc. (CGI) for the Rock ‘n’ Roll Marathon Series to update the term of the agreement and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 7.10 Ratify and confirm a first amendment to the Joint Project Agreement (JPA) between Pinellas County and the City of Clearwater for the Sunset Point Road at Betty Lane Utility Relocation Project (17-0012-UT) for an increase of $333,108.17, from $402,948 to $736,056.17, and authorize the appropriate officials to execute same. (consent) November 2, 2017, City Council approved a JPA between Pinellas County and City of Clearwater for Utility Relocations in the amount of $402,948. The utility relocations were to accommodate conflicts between a City 16-in. potable water main and Pinellas County improvements to its stormwater system along Sunset Point Road from Douglas Avenue to Kings Highway. Construction began in early 2019 and is anticipated to be complete by the end of 2020. During construction, unforeseen conflicts between the City water main and the County’s proposed stormwater improvements were identified. In addition, some sections of the water main were found to have insufficient cover and required Draft City Council Meeting Minutes September 3, 2020 Page 9 City of Clearwater relocation and/or concrete encasement. This first amendment increases the construction budget in the amount of $333,108.17 to fund the unforeseen work, bringing the total construction budget to $736,056.17. APPROPRIATION CODE AND AMOUNT: 3277327-563800-96634 $333,108.17 Funding is available in Utility Renewal and Replacement project 96634, Sanitary Utility Relocation Accommodation. One individual questioned why the project was taking so long. Engineering Director Tara Kivett said the County had a conflict with the city sewer line; the City is covering the relocation of city utilities due to the County's work. The project is expected to be completed by the end of the year. Councilmember Hamilton moved to ratify and confirm a first amendment to the Joint Project Agreement (JPA) between Pinellas County and the City of Clearwater for the Sunset Point Road at Betty Lane Utility Relocation Project (17-0012-UT) for an increase of $333,108.17, from $402,948 to $736,056.17, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 7.11 Approve Construction Manager at Risk (CMAR) proposal from Skanska, Inc., of Tampa, FL, for installation of supportive infrastructure for Imagine Clearwater (17-0031-EN) at the Guaranteed Maximum Price (GMP) of $1,184,090 and authorize the appropriate officials to execute same. (consent) December 19, 2019, City Council approved RFQ #52-19 selecting Skanska as CMAR to provide construction services for Imagine Clearwater and approved a proposal for Pre-Construction services in the amount of $425,000 to include design review and construction cost estimating. Existing Duke Energy utility facilities within Coachman Park must be modified to accommodate the new buildings and amenities planned within the Imagine Clearwater park design. Construction documents for the supportive infrastructure portion of the project are complete and Skanska has provided a GMP to construct this infrastructure in Coachman Park and adjacent City-owned lots located at 301 Drew Street, Clearwater. Draft City Council Meeting Minutes September 3, 2020 Page 10 City of Clearwater Construction for this work is scheduled to begin early September and will be completed in January of 2021. Use of the park space for certain programmed special events will be retained until late November 2020. APPROPRIATION CODE AND AMOUNT: ENGF180013-CONS-CNSTRC $1,184,090 Funds are available in capital improvement project ENGF180013, Imagine Clearwater, to fund the proposal. Councilmember Hamilton moved to approve Construction Manager at Risk (CMAR) proposal from Skanska, Inc., of Tampa, FL, for installation of supportive infrastructure for Imagine Clearwater (17-0031-EN) at the Guaranteed Maximum Price (GMP) of $1,184,090 and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 7.15 Authorize a Work Order to HDR, Inc. of Tampa, Florida in the amount of $236,324 to assist in updating the City’s Comprehensive Plan per Clearwater Code of Ordinances, 2.564(1)(d) Other Government Contracts, and authorize the appropriate officials to execute same. (consent) The City of Clearwater Comprehensive Plan (the Plan) is the city’s plan for the next 10 to 20 years, capturing the vision of where the city wants to be in the future. A series of goals, objectives and policies addressing a variety of “elements” such as future land use, transportation, and public utilities, guide the decisions of City Council, the city administration, and staff. The Plan establishes the policy direction for planning and land use decisions, and the Future Land Use Map, adopted as part of the Plan, shows the proposed distribution, location, and extent of the various categories of land (e.g., Residential Urban, Commercial General). The Plan is also the basis for capital projects, identifying infrastructure needs and where new or redeveloped public infrastructure should be placed. The Comprehensive Plan is implemented through the Community Development Code, Capital Improvements Program, and redevelopment/neighborhood and special area plans. The comprehensive planning process allows the city to identify factors influencing and shaping the city such as demographic trends and changing development patterns and provides an opportunity to evaluate how community needs are being met. The planning process should involve consensus building between the overall community, elected officials, and other interested stakeholders. Although the Planning and Development Department maintains this city plan, the Plan’s policy direction governs a wide variety of city departments’ work Draft City Council Meeting Minutes September 3, 2020 Page 11 City of Clearwater programs and operations. This comprehensive planning process will allow the city to take a step back from its day-to-day operations to engage the community to evaluate its vision for the city, and to modify the Plan goals, objectives and policies so the departments can implement the plan going forward to achieve this vision. The last major update to the Comprehensive Plan was completed in 2008, with the planning horizon established as 10 years (2008-2018 plan). While the Plan has been amended since then, city staff has not completed a more detailed analysis of the Plan and changes to the city since 2008. In 2015, Planning and Development Department staff completed the state-mandated Evaluation and Appraisal Review of the Plan, determining that the Plan was in compliance with Florida Statutes, and that no specific amendments were required beyond certain changes that were already in process at the time (e.g., “Peril of Flood” related amendments). This is an extensive project which will require significant staff resources to complete. As detailed in the attached scope of work, HDR, Inc. will supplement staff’s work, providing support in the visioning and outreach efforts, as well as leading the development of the Future Land Use, Transportation, and Housing Elements. HDR and their subconsultant S.B. Friedman have been involved in many recent countywide efforts related to these very important topics, while HDR is also very familiar with the City of Clearwater having worked on several recent planning projects. Community engagement will be integrated into multiple phases of the project, including visioning and for the draft Plan. Additionally, workshops will be held with the Community Development Board and City Council several times prior to Plan adoption. With these firms’ support, this project is estimated to take just under two years, inclusive of the six-month adoption process (i.e., local public hearings and two review periods by the Department of Economic Opportunity and other state agencies). In 2019, Pinellas County approved 11 firms to provide as-needed consulting services for nine major disciplines: multimodal transportation planning and analysis, economic analysis, communications and public involvement, urban design, land use and redevelopment, historic preservation, community resilience, community development, and redevelopment planning. HDR was prequalified in seven of the nine disciplines. Code of Ordinances sec. 2.564 (1) (d) allows for direct contracting with consultants utilizing contracts previously awarded by other governmental entities. APPROPRIATION CODE AND AMOUNT: Funding for this contract has been included in the fiscal year 2020/21 budget in Draft City Council Meeting Minutes September 3, 2020 Page 12 City of Clearwater new special program M2101, Planning Study Fund. One individual questioned if there will be a public engagement component. Planning and Development Assistant Director Lauren Matzke said staff will coordinate with Public Communications to ensure the public is informed of the public engagement process. The Comprehensive Plan is the City's plan for the next 10 to 20 years, directing Council and staff on how to move forward. Councilmember Hamilton moved to authorize a Work Order to HDR, Inc. of Tampa, Florida in the amount of $236,324 to assist in updating the City’s Comprehensive Plan per Clearwater Code of Ordinances, 2.564(1)(d) Other Government Contracts, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 7.22 Increase the amount of the contract with Manson Bolves Donaldson Varn for outside counsel representation in Seminole Boat Docks land ownership issues for a not exceed amount of exceed $25,000, for a new contract total of not to exceed $75,000, approve the amendment to the Legal Services Agreement increasing the contract amount, and authorize the appropriate officials to execute same. (consent) On March 7, 2019, City Council authorized hiring the law firm of Manson Bolves Donaldson Varn as outside counsel to provide expertise as it relates to water law/submerged lands and act as liaison to the FDEP and other parties as may be necessary to assist in clearing any cloud on title of the lands being developed under the Seminole Street Boat Ramp - North Marina District Improvements Project and approved a Legal Services Agreement for an amount not to exceed $50,000.00. The land ownership issues have proven more complex than originally anticipated and will now require litigation to complete. In the litigation phase, outside counsel will prepare and file motions for default, prepare and file Motions for Summary Judgement and attend hearing, negotiate and file Final Judgements as needed. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 0109600-530100, Professional Services, to fund this contract. One individual questioned the item. Draft City Council Meeting Minutes September 3, 2020 Page 13 City of Clearwater The City Attorney said the litigation is to clear up title issue on a small portion of property by the Seminole Boat Docks. The City believes the property in question was part of city ownership; there is a small portion that is not. Councilmember Hamilton moved to increase the amount of the contract with Manson Bolves Donaldson Varn for outside counsel representation in Seminole Boat Docks land ownership issues for a not exceed amount of exceed $25,000, for a new contract total of not to exceed $75,000, approve the amendment to the Legal Services Agreement increasing the contract amount, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Set final millage rate of 5.9550 mills for fiscal year 2020/21 against non-exempt real and personal property within the City of Clearwater and pass Ordinance 9407-20 on first reading. (APH) In accordance with Chapter 200 of the Florida Statutes, which defines requirements for the Determination of Millage and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearings to adopt a final millage rate for the new fiscal year. The adoption of this ordinance to establish the millage rate and the two related budget ordinances are an integral part of fulfilling these requirements. The City Council set a tentative millage rate of 5.9550 mills on July 16, 2020, which is the rate that appeared on the TRIM bill notices mailed to taxpayers in August. The millage rate of 5.9550 mills represents a 5.12% increase from the rolled back rate of 5.6649 mills. Ordinance 9407-20 is presented in order to adopt the millage rate of 5.9550 mills to support the operating and capital improvement budgets for the 2020/21 fiscal year. Budget Manager Kayleen Kastel provided a PowerPoint presentation. One individual questioned why streets and sidewalk maintenance is placed under Parks and Recreation. Draft City Council Meeting Minutes September 3, 2020 Page 14 City of Clearwater The City Manager said staff decided to move service functions from one department to another because it was felt better performance and results could be achieved. Councilmember Hamilton moved to set final millage rate of 5.9550 mills for fiscal year 2020/21 against non-exempt real and personal property within the City of Clearwater. The motion was duly seconded and carried unanimously. Ordinance 9407-20 was presented and read in full. Councilmember Hamilton moved to pass Ordinance 9407-20 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 8.2 Approve the City of Clearwater Annual Operating Budget for the 2020/21 fiscal year and pass Ordinance 9408-20 on first reading. (APH) In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearings to adopt the budget. The adoption of this ordinance and the related ordinances adopting the 2020/21 millage rate and the Capital Improvement Budget are an integral part of fulfilling these requirements. On June 26, 2020, the City Manager provided the City Council with a Preliminary Annual Operating and Capital Improvement Budget that outlined estimates of revenues and expenditures for the 2020/21 fiscal year. The City Manager presented the preliminary budget at the City Council meeting on July 16, 2020, for Council discussion and citizen input. In addition, a Special Budget Work Session was held on July 28, 2020 for Council discussion of the proposed budget. The following changes have been made to the preliminary operating budget and are included in the ordinances for adoption of the operating budget: • General Fund revenues reflect an increase of $105,630 to ad valorem tax revenues based upon 2020 preliminary property tax values received on June 29th which were greater than early estimates. • Updates made in Miscellaneous and Transfer In revenues (net zero) to account for revenues in the correct categories. • Various General Fund department budgets are being reduced representing operating savings found to help offset the increase to the Draft City Council Meeting Minutes September 3, 2020 Page 15 City of Clearwater Police Department for the cost of the Police Body Worn Camera Program which was approved by Council on August 6, 2020. This results in a net expenditure increase of $105,630. • In the Stormwater Fund, utility fee revenue is reduced by $258,380 and transfers to capital projects are reduced by $1,451,950. These changes are being made to better align with rate study revenue estimates and planned project funding. • In the Central Insurance Fund, transfers to capital projects is increased by $27,460 to fund the AED Replacement Program formerly in the General Fund Fire Department. The use of fund reserves is increased to cover this expenditure. • In the Special Development Fund, ad valorem tax (road millage) revenues are increased by $5,290 based upon 2020 preliminary property tax values received from the County on June 29th which were greater than early estimates. • Special Program Fund revenues and expenditures are increased by $270,794 to account for the transfer of General Fund revenue to fund the new Police Body Worn Camera Program approved by Council on August 6, 2020. • In Other Housing Assistance Funds, revenues and expenditures for State Housing Initiatives Partnership (SHIP) are eliminated reflecting a decrease of $1,247,740. The State’s distribution of SHIP funds for fiscal year 2020/21 was vetoed statewide. One individual submitted an eComment regarding the inadequate maintenance of city sidewalks and landscaped medians, which the City Clerk read into the record (see page 26). Councilmember Hamilton moved to approve the City of Clearwater Annual Operating Budget for the 2020/21 fiscal year. The motion was duly seconded and carried unanimously. Ordinance 9408-20 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9408-20 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman Draft City Council Meeting Minutes September 3, 2020 Page 16 City of Clearwater 8.3 Approve the fiscal year 2020/21 Annual Capital Improvement Budget, establish a six-year plan for the Capital Improvement Program (CIP) and pass Ordinance 9409-20 on first reading. (APH) In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearing to adopt the final budget. The adoption of this ordinance and the related ordinances adopting the 2020/21 millage rate and operating budget are an integral part of fulfilling these requirements. On June 26, 2020, the City Manager provided the City Council with a Preliminary Annual Operating and Capital Improvement Budget that outlined estimates of revenues and expenditures for the 2020/21 fiscal year. The City Manager presented the preliminary budget at the City Council meeting on July 16, 2020, for Council discussion and citizen input. In addition, a Special Budget Work Session was held on July 28, 2020 for Council discussion of the proposed budget. The following changes have been made to the Preliminary Capital Improvement Budget and are included in the ordinance for adoption of the capital improvement budget. • The funding for Police District 3 Sub Station was incorrectly posted in fiscal year 2021/22, this interfund loan for $11,000,000 has been moved to fiscal year 2020/21. • The Police Boat Replacement project has been eliminated. The boat purchase was approved by Council on August 20, 2020, amending the fiscal year 2019/20 budget to purchase with existing special program funds. • The source of funding for the Auto External Defibrillator Program has been changed from General Fund revenue to Central Insurance Fund revenue. • In the Spectrum Field Infrastructure Repairs/Improvements project, fiscal years 2023/24 and 2024/25 have been reduced by a total of $1,100,000 to better align future funding with the timing of contract negotiation. • Stormwater projects have been amended to better align with project funding as planned in the rate study. This results in a decrease in project funding of $1,451,950 for fiscal year 2020/21. For the six-year capital improvement plan (fiscal years 2020/21 through 2025/26), project funding was decreased by a net total of $854,230. • Water and Sewer projects have been amended to better align with Draft City Council Meeting Minutes September 3, 2020 Page 17 City of Clearwater project funding as planned in the rate study. This results in an increase of $9,000,000 to capital project funding in fiscal year 2025/26. Staff has provided a worksheet detailing these project changes for fiscal years 2020/21 through 2025/26. Councilmember Hamilton moved to approve the fiscal year 2020/21 Annual Capital Improvement Budget, establish a six-year plan for the Capital Improvement Program (CIP). The motion was duly seconded and carried unanimously. Ordinance 9409-20 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9409-20 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 8.4 Approve the recommended Penny for Pinellas project list, as revised for Fiscal Years 2020/21 through 2029/30. (APH) On March 6, 1997, the City Council adopted Ordinance 6137-97. The ordinance established the requirement for a special hearing prior to adoption of the capital improvement budget to discuss the use of Penny for Pinellas tax, and at any time in which there is any proposed change to the Penny for Pinellas project funding of $500,000 or more. Changes to Penny for Pinellas projects that meet this criterion in the proposed 2020/21 capital improvement budget and six-year plan include the following: • Fire Engines/Ladder Truck Replacement - The replacement schedule for fire engines is being changed to advance the planned engine replacement from fiscal year 2021/22 to 2020/21. This results in the replacement of two engines in fiscal year 2020/21. • Public Safety Vehicle/Equipment Facility - The funding for this project, which provides for construction of a facility to store oversized vehicles and equipment for both the Police and Fire department, is being postponed to fiscal year 2021/22. Councilmember Hamilton moved to approve the recommended Penny for Pinellas project list, as revised for Fiscal Years 2020/21 through 2029/30. The motion was duly seconded and carried unanimously. Draft City Council Meeting Minutes September 3, 2020 Page 18 City of Clearwater 8.5 Approve State Housing Initiatives Partnership (SHIP) Program Annual Report and Local Housing Incentive Certification for the closeout year 2017-2018 and interim years 2018-2019 and 2019-2020 and allow appropriate officials to execute same. (APH) The Florida Legislature enacted the William E. Sadowski Affordable Housing Act (Act) in 1992. The Act created a dedicated revenue source for state and local housing trust funds including the State Housing Initiatives Partnership (SHIP) Program. Through the SHIP Program, the Economic Development and Housing Department has provided funding for the following housing activities: Downpayment and closing costs assistance of existing structures; the construction of new dwellings; the rehabilitation of owner-occupied single-family dwellings; and the construction, acquisition, and rehabilitation of rental properties. All local governments receiving SHIP funds must submit their annual report to the Florida Housing Finance Corporation by September 15 of each year. The annual report provides details of expended and encumbered funds. The report also provides information on the strategies funded, the number of households served, and income category, age, family size, race and other data regarding special needs populations such as homeless persons, persons with disabilities and the elderly. The report is submitted electronically to the State of Florida. For closeout year 2017-2018, the City received $482,265 from the state annual distribution, $338,118.15 in program income and related interest, carryover of a negative balance of $20,329.18 from previous year funds. The department assisted eighteen families utilizing its approved strategies. The department also used these SHIP funds and SHIP program income to match federal program funds to support other existing housing programs. SHIP funding has a positive impact on the City’s economy, as evidenced by activities in closeout year 2017-2018, where the City expended $829,034.33 in SHIP funds (including $65,132.40 on program administration) to leverage over $16.5 million in other funds. Councilmember Hamilton moved to approve State Housing Initiatives Partnership (SHIP) Program Annual Report and Local Housing Incentive Certification for the closeout year 2017-2018 and interim years 2018-2019 and 2019-2020 and allow appropriate officials to execute same. The motion was duly seconded and carried unanimously. Draft City Council Meeting Minutes September 3, 2020 Page 19 City of Clearwater 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 9383-20 on second reading, amending Chapter 33, Clearwater Code of Ordinances, to prohibit derelict vessels from being left in the city waterways and providing for enforcement. During the August 31 work session, the City Attorney reported a scrivener’s error in Ordinance 9383-20 (a superfluous comma found in existing code). Staff is requesting Council make a motion to amend Sec. 33.055(4) as follows: No vessel shall be permitted to occupy the City-owned Island Way Grill, non-leased public dock slips during the period each night between 10:00 p.m. and 8:00 a.m., except in an emergency as authorized by the city harbormaster. The harbormaster will determine whether the circumstance constitutes an emergency. Two comments were received in support; the City Clerk read the comments into the record (see pages 29 and 30). One comment was received in opposition; the City Clerk read the comment into the record (see page 31). In response to a question, the City Attorney said the ordinance makes two changes to the existing ordinance: 1) makes it unlawful to store, leave, abandon a derelict vessel in any navigable waters within the city and 2) adds a punishment provision to include enforcement procedures, making it possible to take the violations to a new hearing officer process. Ordinance 9383-20 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 9383-20 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 10. City Manager Reports 10.1 Approve a Gas Utility Easement from Fl-Tarpon Square-QRX, LLC, for the construction, installation, and maintenance of gas utility facilities on real property located at 41256 US Highway 19 North, Tarpon Springs and adopt Resolution 20-43. Fl-Tarpon Square-QRX, LLC (Grantor) has granted a non-exclusive five-foot wide natural gas easement, on property located on the northwest corner of US Hwy 19 N and Tarpon Ave, in Tarpon Springs for the installation of a natural gas distribution line. This main line will initially serve one commercial customer (Hibachi Express) and any future accounts located in the Tarpon Square Plaza Draft City Council Meeting Minutes September 3, 2020 Page 20 City of Clearwater at 41256 US Highway 19 N, contained within Parcel ID No. 12-27-15-89982-023-0100. The easement grant is sufficient for the City to maintain and replace its facilities as necessary in perpetuity, or until such time as the City determines to abandon its use. Councilmember Hamilton moved to approve a Gas Utility Easement from Fl-Tarpon Square-QRX, LLC, for the construction, installation, and maintenance of gas utility facilities on real property located at 41256 US Highway 19 North, Tarpon Springs. The motion was duly seconded and carried unanimously. Resolution 20-43 was presented and read by title only. Councilmember Hamilton moved to adopt Resolution 20-43. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 10.2 Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-47. Councilmember Hamilton moved to confirm COVID-19 Emergency Proclamation. The motion was duly seconded and carried unanimously. Resolution 20-47 was presented and read by title only. Councilmember Hamilton moved to adopt Resolution 20-47. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 10.3 NFL Alumni Children’s Obstacle Course Parks and Recreation Interim Director Art Kader said the City received a letter expressing an interest to partner with Clearwater to install a youth obstacle course and presented a video of the course. Staff recommended two sites in the North Greenwood Community near Jack Russell Stadium: the parking lot east of Buccaneer Field or behind the outfield wall of Jack Russell Stadium. Staff will meet with the engineers to Draft City Council Meeting Minutes September 3, 2020 Page 21 City of Clearwater determine where the course could be located. The course would be a wonderful amenity for the North Greenwood community and Clearwater since there is no facility like it in the area. He said the facility would not increase the Department's maintenance costs. Should staff be authorized to pursue an agreement with the NFL Alumni, the City will be required to fund the $312,000-project upfront, which the NFL Alumni hopes to fundraise and payback the City. The City would be responsible for any permits and costs associated with fencing, benches and trash receptacles. Mr. Kader said staff time and resources will need to be redirected to the project to ensure it is completed prior to the Super Bowl. In response to questions, Mr. Kader said the facility would be programmed with community partners for supervised use. The City Attorney said legal staff needs to review the proposed agreement and liability issues. The Mayor said if an agreement is signed by the end of October, the vendor has agreed to honor a $20,000 discount. The NFL Alumni group were looking at the three major cities in the region for the obstacle course; they are still talking to Tampa for a possible second site. Discussion ensued with consensus for staff to pursue drafting an agreement. The Council recessed from 7:49 p.m. to 7:59 p.m. 11. City Attorney Reports – None. 12. Other Council Action 12.1 Solar Panels on Amphitheater - Councilmember Beckman Councilmember Beckman said she had nothing new to say about the topic; staff is in the process of getting more information. 12.2 Go Vote banner on old City Hall - Councilmember Beckman Councilmember Beckman said she drives by the Go Bolts banner on the former city hall site everyday and she is committed to getting out the vote in November. She requested consideration for the City to install a Go Vote banner where the Go Bolts banner is located. Discussion ensued with consensus for staff to pursue the Go Vote banner. Draft City Council Meeting Minutes September 3, 2020 Page 22 City of Clearwater Councilmember Beckman requested consideration to have Vote Your Voice Matters signs at the libraries and recreation centers. There was consensus for staff to place non-partisan standardized signs for the libraries and recreation centers. 12.3 PSTA Update - Vice Mayor Allbritton Vice Mayor Allbritton said Forward Pinellas Executive Director Whit Blanton attended the last PSTA meeting and asked for a letter recommending a pedestrian underpass at US Highway 19 and Republic Drive. FDOT recommends a pedestrian crossing every half mile and there are not enough spots on US Highway 19 between SR 580 and Curlew Road. An underpass costs about a tenth of an overpass and does not obstruct views as an overpass does. He said if riders can’t get from one side of the road to the other safely, PSTA can’t build ridership. The board voted unanimously to support the project. He said Forward Pinellas would vote on the issue next week and he anticipates it being approved. In response to a question, the Vice Mayor said the City may support a PSTA grant funding application for the multimodal facility. He said Amplify Clearwater will be talking to downtown groups to get letters of support for the funding. He said PSTA CEO Brad Miller said the organization has a good chance of getting funding; there is already funding for the plans. Mr. Miller and the City Manager are talking on a monthly basis and there are ideas of how to get the PSTA transfer station moved for a potential City Hall on that site. 13. Closing comments by Councilmembers (limited to 3 minutes) Vice Mayor Allbritton said the big holiday weekend will bring lots of people to the beach and he hopes everyone stays distanced and cares about their neighbors. He said he wants everyone to enjoy the beach but wants everyone to be careful and safe. Councilmember Beckman said she appreciates all the public comment. She encouraged all to get registered to vote and it will be a huge ballot this year with federal, state, and county elections and amendments along with the city’s referendum. She encouraged all to take the 2020 Census, the deadline is the end of September. Councilmember Bunker encouraged all to get a flu shot and to take care and take caution as flu season comes during the COVID pandemic. 14. Closing Comments by Mayor Draft City Council Meeting Minutes September 3, 2020 Page 23 City of Clearwater The Mayor said city offices will be closed Monday, September 7 in observance of Labor Day and that there are no changes to the solid waste collection schedule. He said to please be responsible over the Labor Day weekend and to avoid large gatherings and maintain a safe distance and that there is plenty of room on the beach. He said it will be hot and to remember to hydrate and that no alcohol is allowed on the beach, he reminded all to wear sunscreen and to watch out for lighting, “when thunder roars, head indoors.” He said he met with the Clearwater Beach Association and that trash continues to be a real problem. He reminded all to please use the trash receptacles. He reminded all that the last day to take the 2020 Census is September 30. Hurricane season is still upon us and the tropics are active. He said the CRA, in partnership with the Public Art & Design program, is seeking muralists to design and paint a series of murals on private and public property in downtown. Pinellas Cares is a program for those that lost significant income or their job due to impacts from the COVID-19 pandemic; those that qualify for financial assistance may receive up to $5,000 per household for rent, mortgage, or utility payments. The Landings golf course referendum is on the ballot for citizens to decide to develop the land or leave it as a golf course. He wished all a safe and happy Labor Day. 15. Adjourn The meeting adjourned at 8:26 p.m. Mayor City of Clearwater Attest City Clerk Draft City Council on 2020-09-03 N Meeting Time: 09-03- 20 18:00 eComments Report City Council on2O20-09-O3S:00PM 09-03-20 54 3 1 1 1 18:00 Sentiments for All Meetings The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown. Overall Sentiment 111mupw=(33%) opposo 11%) woutral(o%) w"nesw°°wm`` 24 City Council on 2020-09-03 6:00 PM 09-03- 20 18:00 AgendaNann 6. Citizens to be heard re items not on the agenda 1 0 1 0 7.2 ID#20-8180 Approve Option 2 the Clearwater Main Library Imagine 1 1 0 0 Clearwater Construction Scheduling. (consent) 8.2 9408-20 Approve the City of Clearwater Annual Operating Budget for 1 U 0 1 the 2020/21 fiscal year and pass Ordinance 9408'20 on first reading. APH) Sentiments for All Agenda Items The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown. Overall Sentiment 1.1nupporti33%) o=se(o%) woui"i(33%) wmn"sp"=°n»` Agenda Item: eComments tor 6. Ctizens to be heard re items not on the agendi Overall Sentiment mortp) 111Oppose?,100% weutr00%) No Resport°«0%. Elizabeth Davis Location: Submitted At: 4:29pm 09-02-20 My name is Beth Davis, | am a citizen opposing the light development of the Greenspace, the Landings golf course for many reasons. My comment about this today is that the citizens of Clearwater have yet to be notified publicly. | have been concerned about the timetable and the information put out concerning this project and the chance for citizen education and input from the beginning. As a comparison, we now have a pject at Belcher and Gulf to Bay that has a full year's lead time for information to be disseminated to the residents, and - for the citizenship to comment in kind. That is the more normal process for the city of Clearwater. It furthers my disappointment and reinforces the missed opportunity for a more thorough conversation between the city and the citizens concerning the Landings prjeot. When the voters are asked to vote, they should be informed well. The25 Landings belongs to all of us. In the future, I hope we will consider all of our Greenspace considerations with a Greenprint perspective and the correct amount of time for all advisory boards, neighborhoods and tax -paying citizens to be informed before they vote. Agenda Item: eComments for 7. 2 ID#20-8180 Approve Option 2 the Clearwater Main Library irr , Scheduling. (consent) Overall Sentiment Suppofl 100%) Oppose(O%) Neutran%) No Responso(0%) Maura Hedrich Location: Submitted At: 12:49pm 09-02-20 It was great to hear that closing the library during construction will not only save the city money but save time for reopening. It was also good to hear that employees will be used to possibly increase hours at other libraries. I am sure the North Greenwood Library would love to have the library hours increased, especially now as wifi is needed more than ever as students return to school. I was also glad to hear Councilmember Beckman bring up the concern for the homeless that use the library daily as a resource. I would agree with Mr. Horne that it is and has been an ongoing issue for Clearwater plus many other cities. With the library closing for a period of time and it not being available, this is an opportunity to inform them of the closing but also invite different councilors from organizations to come and share the numerous resources available. Sometimes, when push comes to shove, a chance happens. Thank you for your consideration. Maura Hedrich 727/ 536-0634 Agenda item: eComments tor 8.2 9408-20 Approve the City of Clearwater Annual Operating Budget for the 2020/21 fisca` and pass Ordinance 9408-20 on first reading. (APH) Overall Sentiment supportto%) Opposet0%) Neutral(100%) No Response,.% ) Bill Jonson Location: Submitted At: 4:29pm 09-03- 20 26 During the last several Council meetings I have raised concerns about the inadequate maintenance of Clearwater sidewalks and the maintenance of the landscaped medians on Gulf to Bay. So the question is will the budget adequately fund these areas consistent with goals to eliminate sidewalk trip hazards and maintain our logo Bright and Beautiful from the Bay to the Beach. 27 CaII, Rosemarie From: Jess Anderson <cougarcjc@gmail.com> Sent: Wednesday, September 2, 2020 12:04 AM To: ClearwaterCouncil Subject: Youth Sports CAUTION: This email originated from outside of the City of Clearwater. Do not click links or open attachments unless you recognize the sender and know the content is safe. Together we feel that we are able to provide an outdoor physical activity for our kids to participate in that they need for their own mental and physical wellness. We do plan to continue conditioning our kids with our return to play rules maintained. We are temperature checking our kids every night. We are symptom checking our kids every night. We have them sanitize their hands before taking the field. All of our coaches, volunteers and parents are in masks. We are doing what we can to follow the CDC and Board of Health's recommendations. Our concerns are without football or cheer to look forward to our kids are actually more at risk then being with us. During a typical season our kids go to school and after school they have enough time to go home, do some homework, eat a little and then head out the door for practice where each one will be subjected to screening for COVID-19. They are at the field from 6pm- 8:30pm, then they go home, shower, eat, finish their homework and go to bed. Essentially, we are creating our own little bubble for these kids while we are active in season. Without a season our opinion is our kids will have a lot of free time with no supervision, which would put them more at risk then a supervised season. We respect and understand your decision but ask you for a definitive date that we will be allowed to move towards contact and competitions based off of levels you deem acceptable. We request guidance as to what you are looking for in regard to data to allow us to have contact and compete. Is your decision based off of percent positive, number of cases, hospitalization rates or all of the above? If we know what the expectations are, we can better plan for our season. We have been waiting this information for months and are consistently given nothing. We have gather over 1400 signatures - our parents have weighed in on the potential risk to our kids and feel that the benefits of moving forward with a season outweigh the risk. This speaks volumes. We as a whole would like our voices and the voices of our parents heard. We respectfully request to be involved in future meetings so we as well can be heard. We are all volunteers that are attempting to provide a service to our parents and supporters. We feel with their support it is encouraging enough to not give up and push forward for a season. We would like to be part of the final decision with the mindset that our goal is not to put our kids and families at greater risk in doing so. TBYFL plays at more of a local level and would need competitions to start no later than October 15th to have a fall season with contact being allowed by October 1. We would like guidance from you to make this happen. We look forward to having a few representatives from our United Coalition to be involved in your next meeting to work on a safe reasonable return to play because our kids not only need it physically, but mentally too. Thank you for your time WEWANTTOP LAYTOO 1 28 CaII, Rosemarie From: I@demotts.net Sent: Friday, August 28, 2020 1:34 PM To: ClearwaterCouncil Subject: Derelict vessel hearing CAUTION: This email originated from outside of the City of Clearwater. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Council Members, I understand you will soon be meeting to discuss the situation of neglected vessels in the waterways. Good. I agree there should be some rules about mooring in the intracoastal. There are some sailboats moored just north of downtown Clearwater that rarely get moved but seem to be in working condition. At least they're not an eyesore. I do not mind these boats mooring where they are because they are in nice shape and quite a bit offshore. However, there is an unsightly boat parked very close to the condo building in the same area. I feel it is too close to shore (and it's unpleasant to look at). No one ever boarded it for months during the covid quarantine but recently now someone has been coming aboard about once a week. From what I understand of the current ordinance, a boat could moor there indefinitely IF it wasn't abandoned or taking on water. Under that ordinance, this unsightly too close to shore boat could stay where it is. Yet it is affecting the quiet enjoyment of the residents of the condo building who pay a decent amount for their units in order to have a pretty view. So whatever changes you make to the ordinance, if that's what the hearing is about, should include situations where the boat isn't necessarily abandoned (and what does that mean exactly), but is junky looking and too close to shore. I don't want to put restrictive rules on people enjoying the waterways and boating, as I love to do both, but it appears there should be some agreements put in place so that none of these activities become a nuisance. I appreciate you all taking up this subject on behalf on the citizens. Sincerely, LeAnn DeMotts Clearwater citizen 913) 217-5710 1 29 Cali, Rosemarie From: Linda Clark <Iindaclark1710@gmail.com> Sent: Tuesday, August 25, 2020 1:32 PM To: ClearwaterCouncil Subject: Ordinance CAUTION: This email originated from outside of the City of Clearwater. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Council Members, I want to submit my support for an ordinance concerning the long term mooring of vessels in the waterways. I work downtown and was surprised that this was allowed and was not something enforceable by codes already. I have called code enforcement before about this and was told they had no say on things in the waterways. I fully understand that if they are there for a short time, just as for the 4th of July, but it shouldn't be allowed as an ongoing thing. Thank you for your attention to this matter. I truly hope this passes. Sincerely, Linda Clark 727-409-2104 1 30 CaII, Rosemarie From: Jesse Dennerlein <jessewd@yahoo.com> Sent: Monday, August 24, 2020 7:29 PM To: ClearwaterCouncil Subject: ORDINANCE NO. 9383-20 CAUTION: This email originated from outside of the City of Clearwater. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Council Members, I wish to express that I do not want to see further laws made regarding vessels in the waters in and around clearwater. If you insist on applying the Clearwater Community development Code to this then there need to be reasonable attempts to determine the ownership of the vessel and with that reasonable attempts to contact the owner with significant times allotted so that said owner has time to receive the communications and response. For example, lets say it is determined that the boat of a particular sailor is determined to be derelict but said sailor is on a circumnavigation of the world which can take significant time. It could be many months before he/she has regular communications available to them to receive notifications of a problem. This needs to be taken into account and understanding and tolerance need to be applied very generously. When I say reasonable attempts to contact the owner are made, there need to be multiple attempts on multiple different communication channels, phone, mail, email, text, personal contact.... Also Derelict is an very imprecise term. To quote an old saying "One man's garbage is another man's treasure." I realize that you try to define that further but terms like "junked" are also imprecise, again one person's junk is another persons treasure. Obviously there are clear cut case but there are also borderline cases and the borderline cases should always go in favor of the owner, not someone complaining about the vessel. There is case of that right in front of my property right now, some of my neighbors are complaining about it but I love the vessel. It is one that someone built personally. I respect that greatly. It also looks like it very green i.e. using very little fossil fuel. The owner has my admiration for that. Best Regards, Jesse 1 31 I CaII, Rosemarie From: Bowman, Justin Sent: Wednesday, September 2, 2020 12:06 PM To: ClearwaterCouncil; Beckman, Kathleen; Hibbard, Frank; Bunker, Mark; Allbritton, David; Hamilton, Hoyt Cc: Prifti, Doniela; Goldberg, Arthur; Elgendi, Hatem; Dennison, Carissa; Overby, Janice Subject: Invitation to Bid 43- 20 (ID#20-8135) Dear Mayor and Councilmembers, After watching the council meeting held on 8/31/2020, we feel like there were some inaccuracies presented regarding agenda number 13.1 (ID#20-8135). The city laboratory is equipped and capable of performing most of the analysis that were included in the bid. We have the capability to get certified in any testing parameters needed to keep all testing in house. We understand the necessity of backup laboratories in case of emergencies, however it should be established in the contract that the city laboratory must always be used as the primary option. If it can be analyzed at the city laboratory, there is no reason to pay to send it to a third party laboratory. Currently, some samples are being sent to a third party laboratory that we are able to perform at the Clearwater lab. The number of samples being sent out are increasing by the day. Lab personnel feel as if this is the first step towards city laboratory closure and is creating job insecurity. In the past, problems occurred due to incompetent management which included an internal investigation. Those involved are no longer employed by the city, however, the laboratory staff believe that this situation could be used as a reason for a potential closure. Sorry for the last minute discussion, but we would appreciate if you could contact us directly for further details at 727-330-0400. Thank you in advance for considering our opinions. We hope to hear from you before the vote on Thursday 9/3/2020. Sincerely, Laboratory Staff 1 32 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8220 Agenda Date: 9/17/2020 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: Finance Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve the purchase of excess liability, excess workers compensation and numerous specialty insurance policies, from October 1, 2020 through September 30, 2021, at an amount not to exceed $1,000,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Risk Management Division of the Finance Department purchases certain excess and specialty insurance policies through the efforts of the City’s insurance broker, Arthur J. Gallagher and Company. These policies include an excess liability package through Lloyds’s of London for coverages including General Liability, Automobile Liability, Employee Benefits Liability, Errors and Omissions Liability, Personal Injury Law Enforcement Liability, Marine Operator ’s Liability, EMS Liability, and Compressed Natural Gas Liability; an excess workers compensation package through Safety National for coverages including Workers Compensation and Employer Liability; and additional excess policies for Third Party Storage Tank Liability, Hull Protection and Indemnity, Cyber Liability and numerous flood policies. This year’s renewal ends our two-year rate guarantee agreement with Brit, who is the City’s liability carrier. Brit was unable to provide another multi-year rate guarantee this renewal; however, this is typical of the current market conditions. Brit also reduced our overall limit from $7 million per occurrence/$14 million aggregate to $5 million per occurrence/$10 million aggregate. Due to our favorable claims’ history, our renewal premium is $291,463, which is an increase of less than 1% over last year. For the workers compensation excess policy, the City’s had a three-year rate agreement, which was to extend from October 1, 2018 through October 1, 2021. However, due to a recent severe injury claim which has the potential to incur a value that exceeds the City ’s $600,000 self-insured retention (SIR), the carrier Safety National was unable to honor the final year of the rate guarantee, as the policy includes a condition stating any new claim during the current policy term cannot exceed more than 50% of the City’s SIR. As a result, Safety increased the City’s workers compensation rate by 7.34%. After adding in the City’ 3.41% increase in payroll, the renewal resulted in an overall premium increase of 12.11%, bringing our premium for this coverage to $375,341.25. Risk Management is also estimating an increase of 15% for renewals of the additional excess and flood policies. Page 1 City of Clearwater Printed on 9/17/2020 File Number: ID#20-8220 This request includes a contingency of $23,063.75 to accommodate any unforeseen increases. The total requested not-to-exceed amount of $1,000,000 reflects an 11.11% increase over the fiscal 2019 budget of $900,000. APPROPRIATION CODE AND AMOUNT: 5907590-545100 $1,000,000 Page 2 City of Clearwater Printed on 9/17/2020 Effective Excess and Specialty Insurance Renewals:FY2018-19 FY2019-20 FY2019-20 FY2020-21 % Increase/Decrease % Increase/DecreaseDate of Coverage October 1, 2018 thru October 1, 2019 Actual Paid Approved Budget Actual Paid Requested from FY 19-20 Budget from FY 19-20 Actual 1-Oct Excess Package Policy including General Liability/ Auto/Employee Benefits/Employer Liability/ Public Officials/ Personal Injury Law Enforcement/Marine Operator's Liability/EMS Liability/CNG Liability ($500 SIR) 278,050.00 289,875.00 289,875.00 291,463.00 0.55%0.55% 1-Oct Excess Workers' Compensation ($600K SIR)313,334.00 334,788.00 334,788.00 375,341.25 12.11%12.11% Total Excess Policies 591,384.00 624,663.00 624,663.00 666,804.25 6.75%6.75% 13-Nov Unmanned Aircraft (Drone) Liability - - 1,755.00 2,018.25 N/A 15.00% 1-May Cyber Liability 17,230.00 18,953.00 24,032.00 27,636.80 45.82%15.00% 20-May Third Party Storage Tank Liability 13,600.00 15,640.00 13,860.00 15,939.00 1.91%15.00%22-May Hull & P&I 45,981.00 36,741.10 36,081.00 41,493.15 12.93%15.00% 8-Nov Flood: 525 N Betty Lane (CCC Clubhouse & Canopy)999.00 1,098.90 1,027.00 1,181.05 7.48%15.00% 9-Nov Flood: 601 N Old Coachman Rd (Spectrum Field)2,143.00 2,357.30 2,224.00 2,557.60 8.50%15.00% 10-Nov Flood: 1190 Russell St (Phillip Jones Restroom)5,051.00 5,556.10 10,349.00 11,901.35 114.20%15.00% 12-Nov Flood: 25 Causeway Blvd (Marina)12,761.00 14,037.10 16,304.00 18,749.60 33.57%15.00%12-Nov Flood: 69 Bay Esplanade (Recreation Ctr)16,007.00 17,607.70 22,068.00 25,378.20 44.13%15.00% 12-Nov Flood: 3141-3157 Gulf to Bay Blvd (WPC-East)15,610.00 17,171.00 31,028.00 35,682.20 107.81%15.00% 5-Feb Flood: 10 Pier 60 Drive (Pier 60 Concession Stand)15,404.00 16,944.40 14,698.00 16,902.70 -0.25%15.00% 13-Feb Flood: 525 N Betty Lane (CCC Old Cart Storage)3,001.00 3,301.10 2,907.00 3,343.05 1.27%15.00% 13-Feb Flood: 525 N Betty Lane (CCC New Cart Storage)841.00 925.10 868.00 998.20 7.90%15.00% 29-Mar Flood: 653 N Old Coachman Rd (Carpenter Field Training Bldg)1,574.00 1,731.40 1,535.00 1,765.25 1.96%15.00% 8-Apr Flood: 651 N Old Coachman Rd (Carpenter Field Clubhouse)1,317.00 1,448.70 1,350.00 1,552.50 7.17%15.00% 17-Apr Flood: 332 S. Gulfview Blvd (Maintenance Bldg)3,178.00 3,495.80 5,457.00 6,275.55 79.52%15.00% 21-Apr Flood: 332 S. Gulfview Blvd (Barefoot Beach House)16,127.00 17,739.70 24,687.00 28,390.05 60.04%15.00% 11-Jun Flood: 180 Gulfview Blvd (Lifeguard Bldg)19,114.00 21,025.40 21,059.00 24,217.85 15.18%15.00%12-Jun Flood: 534 Mandalay Ave (Fire Station #46)28,477.00 31,324.70 32,483.00 37,355.45 19.25%15.00% 12-Jun Flood: 700 Bayway Blvd (Police Station)2,944.00 3,238.40 2,727.00 3,136.05 -3.16%15.00% 3-Aug Flood: 1001 Gulf Blvd (Community Sailing Center)1,636.00 1,799.60 1,659.00 1,907.85 6.02%15.00% 29-Sep Flood: 1605 Harbor Dr (Pollution Control Bldg) 1,391.00 1,530.10 1,522.00 1,750.30 14.39%15.00% Total All Policies 815,770.00 858,329.60 894,343.00 976,936.25 Contingency 41,670.40 23,063.75 Total All Policies and Contingency 815,770.00 900,000.00 894,343.00 1,000,000.00 11.11%11.81% Note: Lessees reimburse the City for the cost of flood insurance premiums at the following properties: Clearwater Country Club - 525 N Betty LaneBarefoot Beach House - 332 S Gulfview Blvd Excess Insurance Renewal for 2020-21 Broker: Arthur J. Gallagher Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8094 Agenda Date: 9/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Human Resources Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Authorize the funding of city paid life insurance and long-term disability benefits for the Administration Management Services Agreement with Unum Life Insurance Company of America, with a 0% increase, in the amount of $808,000 for the period January 2021 through December 2022 and authorize the appropriate officials to execute same. (consent) SUMMARY: The City currently provides life insurance to all full-time employees and provides long-term disability to those employees who do not participate in the City Pension Plan. The coverage will stay with the current carrier (Unum), with no increase for 2021 and 2022. The coverage is as follows: • CWA Life in an amount equivalent to 1 ½ times the employee’s annual base salary not to exceed $50,000. • SAMP Life in an amount equivalent to 1 times the employee’s annual base salary. • Voluntary SAMP Supplemental Life in incremental amounts of $50,000, not to exceed $500,000 with premium payroll- deducted from the employee’s salary. • Basic Life insurance in the amount of $2,500 for all employees except CWA. • Basic Life insurance in the amount of $1,000 for grandfathered retirees. • Long Term Disability Insurance for those employees who do not participate in the City Pension Plan. APPROPRIATION CODE AND AMOUNT: Funds are available in the Central Insurance Fund code 590759-545500(Insurance Premium-Life) and 5907590-545700 (Insurance Premium- Disability) to fund this contract. Funding will be included in the fiscal year 2021/22 budget for the final year of the contract. Page 1 City of Clearwater Printed on 9/17/2020 City of Clearwater Basic Life Insurance Renewal Evaluation Effective Date: January 1, 2021 Current Renewal Unum Unum Eligibility Class 1 All Eligible Employees (excluding employees in Class 3 and 4) and Mayor and Council Members All Eligible Employees (excluding employees in Class 3 and 4) and Mayor and Council Members Class 2 Retirees Retirees Class 3 CWA Bargaining Unit CWA Bargaining Unit Class 4 SAMP Employees SAMP Employees Basic Life Benefit Class 1 $2,500 $2,500 Class 2 $1,000 $1,000 Class 3 1.5x annual earnings rounded to the next higher multiple of $1,000 up to $50,000 1.5x annual earnings rounded to the next higher multiple of $1,000 up to $50,000 Class 4 1x annual earnings rounded to the next higher multiple of $1,000 + $2,500 up to $202,500 1x annual earnings rounded to the next higher multiple of $1,000 + $2,500 up to $202,500 Features Accelerated Benefit Included Included Waiver of Premium Included Included Rate Guarantee Expires 12/31/2020 24 Months Estimated Volume - Class 1 $1,072,500 $1,072,500 Estimated Volume - Class 2 $519,000 $519,000 Estimated Volume - Class 3 $39,995,000 $39,995,000 Estimated Volume - Class 4 $25,778,000 $25,778,000 Life Rate/$1,000 - Class 1 $0.335 $0.335 Life Rate/$1,000 - Class 2 $3.780 $3.780 Life Rate/$1,000 - Class 3 $0.335 $0.335 Life Rate/$1,000 - Class 4 $0.335 $0.335 Monthly Premium $24,355 $24,355 Annual Premium $292,261 $292,261 $ Increase/(Decrease)N/A $0 % Increase/(Decrease)N/A 0.0% City of Clearwater Supplemental Life Insurance Renewal Evaluation Effective Date: January 1, 2021 Current Renewal Unum Unum Eligibility Class 4 SAMP Employees SAMP Employees Supplemental Life Benefits Class 4 Lesser of 5X Basic Annual Earnings, rounded to the nearest $50,000, not to exceed $500,000 Lesser of 5X Basic Annual Earnings, rounded to the nearest $50,000, not to exceed $500,000 Guarantee Issue Amount $150,000 $150,000 Features Accelerated Benefit Included Included Conversion Included Included Waiver of Premium Included Included Portability Included Included Rate Guarantee Expires 12/31/2020 24 Months Age Banded Rates/$1,000 <25 $0.065 $0.065 25-29 $0.065 $0.065 30-34 $0.065 $0.065 35-39 $0.104 $0.104 40-44 $0.168 $0.168 45-49 $0.298 $0.298 50-54 $0.492 $0.492 55-59 $0.764 $0.764 60-64 $1.191 $1.191 65-69 $2.124 $2.124 70-74 $3.807 $3.807 75-79 $3.807 $3.807 80-84 $3.807 $3.807 85+$3.807 $3.807 Monthly Premium $6,058 $6,058 Annual Premium $72,695 $72,695 $ Increase/(Decrease)N/A $0 % Increase/(Decrease)N/A 0.0% City of Clearwater Long Term Disability Insurance Renewal Evaluation Effective Date: January 1, 2021 Current Renewal Unum Unum Eligibility Eligible Employees All active employees who are not eligible for the employer's pension plan All active employees who are not eligible for the employer's pension plan Core Benefits Benefit Amount 60% of basic monthly earnings 60% of basic monthly earnings Maximum Monthly Benefit $5,000 $5,000 Elimination Period 90 days 90 days Any Occupation Period 24 months 24 months Duration of Benefit Schedule SSNRA SSNRA Pre-Existing Limitation 3/12 3/12 Survivor Benefit Included Included Rate Guarantee Expires 12/31/2020 24 Months LTD Rate / $100 $0.47 $0.47 Estimated Volume $329,319 $329,319 Monthly Premium $1,548 $1,548 Annual Premium $18,574 $18,574 $ Increase/(Decrease)N/A $0.00 % Increase/(Decrease)N/A 0.0% Unum benefit(s) Policy # Current rate Renewal rate Rate guarantee LTD 97478 $0.47/$100 No Change 01/01/2023 Life 97477 $0.335/$1,000 No Change 01/01/2023 Retiree Life 97477 $3.78/$1,000 No Change 01/01/2023 Vol. Life 97477 Age Banded No Change 01/01/2023 Age-Band Rate 0-34 $0.065 35-39 $0.104 40-44 $0.168 45-49 $0.298 50-54 $0.492 55-59 $0.764 60-64 $1.191 65-69 $2.124 70-99 $3.807 Your Unum benefits renewal Providing valuable financial protection for your employees City of Clearwater From benefits and enrollment planning to administration and continued service, count on Unum to help you strengthen your connections with your employees. Your 2021 Unum renewal stable cost of the valuable protection your employees receive. That’s why we’re giving you this renewal summary sheet — so you can see the We know that cost and value are important to you when selecting a benefits partner. employees. serve as your partner in providing critical financial protection benefits to your valued As we begin the new coverage year together, Unum’s goal remains the same: to with choices of coverage to fit every life stage. services help you offer the financial protection your employees want, meet your company’s evolving needs. Our innovative benefits and With your continued partnership, we can provide the best solutions to 08/24/2020 Thanks again for your continued partnership with Unum. Your business is important to us, and supporting you is our top priority. We pledge to serve you every step of the way — and to be there for your employees when they need it most. If you have any questions about your rates and renewal, please contact your broker or Unum representative, Jennifer Wooten, at 813-207-2622 or by email at jwooten@unum.com. _____________________________________________ Signature _____________________________________________ Print Name _____________________________________________ Date Please refer to your existing group contract(s) for details of coverage including exclusions, limitations, renewability, and termination provisions. Group insurance is underwritten by: Unum Life Insurance Company of America, Portland, Maine In New York, underwritten by: First Unum Life Insurance Company, New York, New York unum.com © 2014 Unum Group. All rights reserved. Unum is a registered trademark and marketing brand of Unum Group and its insuring subsidiaries. MK-3201 (3-14) FOR BROKERS AND EMPLOYERS Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8206 Agenda Date: 9/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Authorize award of Invitation to Bid 37-20, Tree Assessment and Inventory Survey, to E-Sciences, Inc., in the annual amount of $30,000 for a period of five years beginning September 2020 through October 2025 for a total not-to-exceed amount of $150,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: On July 13, 2020, Invitation to Bid (ITB) #37-20 for Tree Assessment/Inventory Survey was issued. 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 has been divided into five zones so that one zone per year will be surveyed . The first zone to be surveyed will be one of the oldest areas of Clearwater which includes Harbor Oaks, Morton Plant, Lake Belleview, and Neighborhoods South of Court Street. 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. Data to be collected 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 any wildlife present, overhead utilities, bees, etc. 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 to two (0-2). The City received four qualified bids with E-Sciences, Inc. submitting the lowest and most responsive bid according to the bid specifications. APPROPRIATION CODE AND AMOUNT: Funding for this contract will come from CIP M2006 “Right of Way Tree Management Program”. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 9/17/2020 File Number: ID#20-8206 Page 2 City of Clearwater Printed on 9/17/2020 August 26, 2020 NOTICE OF INTENT TO AWARD Parks & Recreation and Procurement recommend award of ITB No. 37-20, Tree Assessment & Inventory Survey to E-Sciences, Inc., the lowest most responsible bidder, in accordance with the bid specifications, in the estimated amount of $40,000 annually, for a period of five (5) years. This Award recommendation will be considered by the City Council at the September 14, 2020 Work Session (9:00 a.m.) and voted on at the September 17, 2020 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 Kelly Rogers at (727) 562-4635, or mailed to City of Clearwater, Attn: Procurement, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: August 19, 2020 Kelly Rogers Kelly Rogers Procurement Analyst v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633 INVITATION TO BID #37-20 Tree Assessment / Inventory Survey July 13, 2020 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, August 13, 2020 to provide City Tree Assessment / Inventory Survey. Brief Description: The City of Clearwater Parks and Recreation 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 #37-20 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/Time: Wednesday, July 22, 2020, 10:00 a.m. Location: City of Clearwater – Sid Lickton Complex 714 N Saturn Avenue Clearwater, FL 33755 Note: Meeting will take place in the upstairs meeting room of the press box. Please bring a hardcopy of this solicitation with you for reference during the meeting. A mask will be required to enter the building. If so designated above, attendance is mandatory as a condition of submitting a bid. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: August 13, 2020 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. INSTRUCTIONS Tree Assessment / Inventory Survey 3 ITB #37-20 PERFORMANCE SECURITY: Yes No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 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 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.10 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the bid. Bidders are cautioned to verify their bids before submission, as amendments to or withdrawal of bids submitted after time specified for opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions. i.11 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 INSTRUCTIONS Tree Assessment / Inventory Survey 4 ITB #37-20 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.12 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.13 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.14 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.15 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.16 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.17 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.18 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. INSTRUCTIONS Tree Assessment / Inventory Survey 5 ITB #37-20 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.19 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.20 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures. If any discrepancy exists between this Section and the Purchasing Policy, the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Procurement Officer no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting the Procurement Division. 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 #37-20 i.21 EVALUATION PROCESS. Bids will be reviewed by the Procurement Division and representative(s) of the respective department(s). The City staff may or may not initiate discussions with bidders for clarification purposes. Clarification is not an opportunity to change the bid. Bidders shall not initiate discussions with any City employee or official. i.22 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon request. i.23 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.24 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.25 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.26 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.27 BID TIMELINE. Dates are tentative and subject to change. Release ITB: July 13, 2020 Advertise Tampa Bay Times: July 15, 2020 Bids due: August 13, 2020 Review bids: August 13-21, 2020 Award recommendation: August 24, 2020 Council authorization: September 17, 2020 Contract begins: September 2020 STANDARD TERMS AND CONDITIONS Tree Assessment / Inventory Survey 7 ITB #37-20 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD-PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified STANDARD TERMS AND CONDITIONS Tree Assessment / Inventory Survey 8 ITB #37-20 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 #37-20 S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the STANDARD TERMS AND CONDITIONS Tree Assessment / Inventory Survey 10 ITB #37-20 contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or STANDARD TERMS AND CONDITIONS Tree Assessment / Inventory Survey 11 ITB #37-20 entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with the City’s Purchasing Policy and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. STANDARD TERMS AND CONDITIONS Tree Assessment / Inventory Survey 12 ITB #37-20 S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and STANDARD TERMS AND CONDITIONS Tree Assessment / Inventory Survey 13 ITB #37-20 cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Administrator and/or an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). STANDARD TERMS AND CONDITIONS Tree Assessment / Inventory Survey 14 ITB #37-20 S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Florida with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Tree Assessment / Inventory Survey 15 ITB #37-20 1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region. It is the third largest city in the region with an estimated population of 116,585 residents. The City of Clearwater is a major tourist destination – Clearwater Beach was recently rated #1 U.S. Beach by TripAdvisor, previously named “Florida’s Best Beach Town 2013” by USA Today, and was on the “Top Ten List of Best Beaches from Maine to Hawaii”. The City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball and hosts several sports tournaments through the year that attract visitors from across the country. Clearwater is home for Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story has made it all the way to Hollywood in the motion pictures “Dolphin Tale” and “Dolphin Tale 2”, both filmed here in Clearwater. 2. BACKGROUND. The City of Clearwater (City) has been named a Tree City USA by the Arbor Day Foundation for 38 consecutive years. The Parks and Recreation Department's 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. 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) - The Global Positioning System (GPS) location of each tree shall be done with an Esri ArcGIS collector or equivalent provided by the City. (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. DETAILED SPECIFICATIONS Tree Assessment / Inventory Survey 16 ITB #37-20 (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 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. Select the full condition rating number that represents the condition of tree which will be provided in pull-down format in the inventory software. Examples of the tree rating system are as follows: 0- A dead tree or an invasive species identified as a Category 1 or 2 species from the current Florida’s Exotic Pest Plant Council list at time of inventory. A current listing of these species can be found at www.FLEPPC.org. 1- A tree that is dying, severely declining, hazardous, or harboring a communicable disease. 2 - A 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. 4- A tree 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- A 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 DETAILED SPECIFICATIONS Tree Assessment / Inventory Survey 17 ITB #37-20 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 using the drop down provided in the inventory software. Field observations for trees receiving a condition rating of zero to two (0-2) include; wildlife present, overhead utilities, bees, etc. 4.1 Data Delivery Format The City will provide the following to the awarded Contractor: Equipment: Apple iPad External GPS Receiver All associated cases and cables Software: (Built by and supported by the City) Esri ArcGIS Collector or similar / equivalent This equipment will be issued to the Contractor and the Contractor shall be responsible for the equipment in their possession. Contractor shall be responsible for any damages, repairs, or replacement, other than normal wear and tear. A third party will assess the GPS data collection equipment if it becomes non-operational. If it is determined that the City’s equipment is damaged because of misuse by the Contractor, the Contractor is responsible for repairs or replacement of the equipment by an authorized Vendor. 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. 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, 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 Parks & Recreation 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 similar in scope in the last eight (8) years with a minimum of 250-500 trees. 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 DETAILED SPECIFICATIONS Tree Assessment / Inventory Survey 18 ITB #37-20 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 International Society of Arboriculture (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 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 • 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 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 $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. d. Professional Liability Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of $1,000,000(one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no DETAILED SPECIFICATIONS Tree Assessment / Inventory Survey 19 ITB #37-20 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. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and Auto Liability policies. In addition, when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, ITB #37-20 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 Tree Assessment / Inventory Survey 20 ITB #37-20 1. BEGINNING AND END DATE OF INITIAL TERM. September 2020 through 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. 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 21 ITB #37-20 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 Bid container properly labeled Bid pricing form Exceptions/Additional Materials/Addenda form Vendor Information form Scrutinized Companies form 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 18-19. Employee resume for each arborist to be utilized on the project as per 5. MINIMUM QUALIIFCATIONS, page 19 W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf) BID PRICING Tree Assessment / Inventory Survey 22 ITB #37-20 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 $ PAYMENT TERMS: City of Clearwater’s standard payment terms are NET30 Vendor: _________________________________________ Date: _______________________________ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Tree Assessment / Inventory Survey 23 ITB #37-20 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 24 ITB #37-20 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: SCRUTINIZED COMPANIES Tree Assessment / Inventory Survey 25 ITB #37-20 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 OFFER CERTIFICATION By signing and submitting this Bid, the Vendor certifies that: a) It is under no legal prohibition on contracting with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process; provided that Clearwater agrees not to change or delete any copyright or proprietary notices. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: REFERENCES Tree Assessment / Inventory Survey 27 ITB #37-20 Instructions: Provide a minimum of six (6) tree assessment/inventory project references with similar scope in the last eight (8) years, with a minimum of 250-500 trees. 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: Date Began: Date Completed: Project Address: City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 2 Project Name: Date Began: Date Completed: Project Address: City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 3 Project Name: Date Began: Date Completed: Project Address: City / State / Zip Contact Person: Email: Phone: Fax: Notes: REFERENCES Tree Assessment / Inventory Survey 28 ITB #37-20 Reference # 4 Project Name: Date Began: Date Completed: Project Address: City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 5 Project Name: Date Began: Date Completed: Project Address: City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 6 Project Name: Date Began: Date Completed: Project Address: City / State / Zip Contact Person: Email: Phone: Fax: Notes: Vendor:____________________________________ Date: _______________________________ MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Tree Assessment / Inventory Survey 29 ITB #37-20 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #37-20, Tree Assessment / Inventory Survey Due Date: August 13, 2020, 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 #37-20, Tree Assessment / Inventory Survey Due Date: August 13, 2020, 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 # 37-20, TREE ASESSMENT & INVENTORY SURVEY DUE DATE: August 13, 2020; 10:00 AM BID TABULATION SUMMARY VENDOR UNIT TOTAL UNIT COST Bartlett Tree Experts PER TREE $14.72 E-Sciences, Inc PER TREE $7.52 KCI Technologies, Inc PER TREE $7.57 Miller Legg & Associates, Inc PER TREE $8.90 NOTE: Items with a star ( ) indicates intent to award. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8192 Agenda Date: 9/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve a one-year Agreement with Juvenile Welfare Board (JWB) and the City of Clearwater for funding youth programs and approve a first quarter budget amendment of $394,095 in special program G2107, JWB Youth Programming and authorize the appropriate officials to execute same. (consent) SUMMARY: Since 2000, the City has received annual funding from JWB Children’s Services Council to provide after school and summer programming for youth in Clearwater. Once again, the City has been awarded funding for youth programming for Fiscal Year 2020/21 from JWB. The budget is based on serving 200 children in the program over the course of the year at the North Greenwood and Ross Norton recreation facilities. In June 2015, the City Resource Committee approved the original grant application that covered not only 2015 but additional years. This year, JWB did not require a request for proposal, thus providing a continuation of program services. “Charting a Course for Youth” is a program designed to incorporate exercise and nutrition based activities in an after school and summer camp setting, to improve academic success, encourage healthy lifestyle choices, improve social skills, increase athletic abilities, and develop leadership skills of the participants. The program serves community youth ages 6-17 at the Ross Norton and North Greenwood Recreation Complexes. There is no requirement to continue the program when the grant ends. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will establish the new special program and provide an increase of $394,095 in other governmental revenue in G2107, JWB Youth Programming, to account for both revenues and expenditures for this agreement. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 9/17/2020 Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 1 of 29 AGREEMENT Between THE JUVENILE WELFARE BOARD and City of Clearwater (AGN274) Charting the Course for Youth I. PURPOSE The Juvenile Welfare Board of Pinellas County, hereinafter referred to as "JWB", and City of Clearwater (AGN274), hereinafter referred to as "Provider", enter into this mutual Agreement, including all attachments referred to herein, for the period commencing October 1, 2020 and extending through September 30, 2021. This Agreement does not take effect and JWB has no responsibility for any of its obligations hereunder until this Agreement is executed by all parties to this Agreement. II. STAFF Provider agrees to employ staff, at its own expense, to execute services provided in accordance with this Agreement. Such individuals shall not be considered employees of JWB, and are subject to the supervision, personnel practices and policies of the Provider. Unless otherwise approved by JWB, all Provider staff shall meet qualifications as stated in the approved position profile on file at JWB and any approved revisions which are submitted for FY21 funding. III. SERVICES Provider offers after school programs for youth in North Pinellas County. The Ross Norton and North Greenwood Recreation Complexes serve children aged 6 through 18 year round. The program incorporates enrichment activities that promote school success and healthy lifestyles, improve social skills, increase athletic abilities, and develop leadership skills. All activities include aspects of positive character development including courage, teamwork, compassion and community service. Provider agrees to deliver services as stated in the currently approved program methodology on file at JWB and to accomplish performance measures stated in Attachment 2, as determined by JWB, according to service areas stated in Attachment 3, and pursuant to the General Conditions stated in Section VIII and Special Conditions listed in Attachment 1. A program methodology update, or certification that no updates are needed, is due for submission thirty (30) calendar days after the effective date of this Agreement (see Attachment 5 for an outline of all document submittals). The Provider shall cooperate with JWB on the process for approval of program methodology updates by no later than January 15, 2021. Any proposed changes in service delivery after January 15 must be approved in writing by JWB in advance of making those changes and program methodologies shall subsequently be updated within thirty (30) calendar days of that approval. Costs associated with any unapproved changes in service delivery may not be reimbursed. Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 2 of 29 IV. FUNDS The program budget for both JWB and other funds (if any) for accomplishing the above stated services must be approved in the JWB data system or other designated format before payment will commence. JWB agrees to reimburse up to $394,095 for services rendered pursuant to this Agreement. V. METHOD OF PAYMENT 1. JWB issues reimbursements in accordance with the schedule listed on Attachment 4 (or on the preceding working day in case of a holiday). The Provider shall elect to submit a request for payment at a minimum either every other week or once a month. Reimbursements shall be made on pace throughout the fiscal year in order to allow for a consistent and orderly delivery of services. Reimbursement requests shall be submitted timely and only for amounts actually incurred that should properly be reimbursed per this Agreement within reasonably needed amounts based on the budget and other funding sources. Request for payment must be accompanied by the appropriate documentation as prescribed by JWB. 2. Requests for advance funds may be made, consistent with JWB policy. VI. TERMINATION 1. It is the intent of JWB to ensure a consistent and orderly delivery of services. It is the further intent of JWB to terminate Agreements in those situations where such action is essential to the protection of its interests and the interests of children and families served by JWB, as determined solely by JWB. 2. 2. In the event funds to finance this Agreement become unavailable, JWB may terminate the Agreement upon no less than twenty-four (24) hours' notice in writing to the Provider. Said notice shall be delivered in person, or by email, regular mail or delivery service. 3. JWB shall endeavor, whenever possible and consistent with its legal obligations and principles of prudent management, to provide thirty (30) days' notice for termination due to lack of funds. JWB shall be the final authority as to the availability of funds and extension of notice beyond the minimum time herein stated. 4. In addition to the rights as set forth in paragraph VI. 2 above, this Agreement may be terminated by JWB for any reason whatsoever upon twenty-four (24) hours' written notice. Said notice shall be delivered in person, or by email, regular mail or delivery service. 5. Provider shall only be compensated for services performed prior to the termination date. Provider may only terminate this Agreement upon thirty (30) calendar days' written notice to JWB delivered in person, or by email, regular mail or delivery service. 6. The above provisions shall not limit JWB's right to remedies at law or to damages. VII. COMMENCEMENT OF PAYMENT Unless specifically authorized by JWB, payment shall not be made for services rendered prior to the effective date of this Agreement. VIII. GENERAL CONDITIONS 1. Agreement Revisions This Agreement and its attachments constitute the contractual relationship between the Provider and JWB. If Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 3 of 29 there is any discrepancy between program-related documents, this Agreement preempts all other documents. No amendment to this Agreement or its attachments may be made without the prior written approval of JWB and Provider, except as may be provided in General Condition #4. 2. Fiscal Responsibility a. Provider agrees to maintain books, records, and documents in accordance with generally accepted accounting principles and practices which accurately and appropriately reflect all expenditures of funds listed in the approved budget on file at JWB. b. Provider agrees to submit Program Statement of Financial Activities reports within thirty (30) calendar days following the end of each quarter of JWB's fiscal year. Provider agrees that all financial records and supporting documentation shall be subject at all times to inspection, review, or audit by JWB personnel or its duly authorized agent. c. Provider agrees to maintain and file with JWB in a timely fashion reports related to services provided under this Agreement. d. Provider agrees to retain all financial records, supporting documentation, statistical records, and any other documents pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, all records shall be retained until resolution of audit findings. e. Payments during Disaster Recovery: JWB agrees to support funded programs that are unable to provide normal services for a period of at least sixty (60) calendar days after a disaster has been declared, provided the program agrees to comply with requests of JWB and Recover Pinellas. This period may be extended at the discretion of the Board upon recommendation of the Chief Executive Officer. Provider must file insurance and FEMA claims and shall reimburse JWB for any amounts received from FEMA and insurance that have previously been funded by JWB. The Provider must submit to JWB a copy of the Provider's Continuity of Operations Plan within thirty (30) calendar days of the effective date of this Agreement. f. Provider shall provide supporting documentation (board meeting minutes, etc.) for all salary adjustments. JWB shall not reimburse more than two (2) weeks of accrued leave for terminating employees. JWB shall not reimburse expenses not previously approved by JWB. 3. Audit and Management Letter The Provider agrees to submit to JWB an independent audit of the financial statements of the entity in its entirety and any accompanying management letter(s) immediately upon receipt by the Provider's board, but within a period not to exceed one hundred and eighty (180) calendar days of the close of the Provider's fiscal year. The audit must be performed by a firm licensed to perform audits in the State of Florida and conducted in accordance with generally accepted auditing standards and standards established by the American Institute of Certified Public Accountants. The Provider's auditor shall not provide any non-audit service to an issuer contemporaneously with the audit, including: (1) bookkeeping or other services related to the accounting records or financial statements of the audit client; (2) financial information systems design and implementation; (3) appraisal or valuation services, fairness opinions, or contribution-in-kind reports; (4) actuarial services; (5) internal audit outsourcing services; (6) management functions or human resources; (7) broker or dealer, investment adviser, or investment banking services; (8) legal services and expert services unrelated to the audit. Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 4 of 29 The Provider is required to engage an audit firm that follows Government /Non-Profit Audit Standards when conducting the financial audit and that shows evidence of a peer review report completed every three (3) years. 4. Other Financial Support a. Provider shall report within ninety (90) calendar days any major changes in non-JWB revenue which would impact targeted service levels in JWB funded programs during the fiscal year. b. JWB funds shall not be used for expenditures also funded by other sources. JWB funds shall not be used to supplant other sources of revenue. c. Generally, JWB encourages use of its funds as financial match for securing funds from other sources. However, in such instances, Provider is required to obtain prior written approval to submit an application with JWB committed funds. d. Revenues earned in a JWB funded program must remain in that program as a condition of funding. e. Programs charging a fee for services supported by JWB funding must forward a copy of the fee schedule to JWB within thirty (30) calendar days of the effective date of this agreement and upon making changes to the fee schedule. 5. Program Monitoring and Data Quality Provider agrees to submit monitoring, site visit, accreditation, and licensing reports supplied by funding, accreditation, and licensing entities, as applicable, to JWB no more than thirty (30) calendar days following Provider receipt. Provider agrees to submit progress reports and other information in such format and at such times as may be prescribed by JWB (including JWB Databases, JWB Secure Portals, and Provider specific data collection systems), and to cooperate in monitoring activities including, but not limited to, access to sites, staff, fiscal and participant records, logs, participant rights and responsibilities policies, participant handbooks, grievance and complaint procedures, and the provision of related participant and participant rights information. Provider shall maintain and have available for audit inspection participant records for five (5) years post termination of services. Provider agrees to abide by the JWB Board Policy Section IV: JWB Funded Program Monitoring. Provider agrees to provide JWB representatives access, without presence of the Provider supervisor, to staff or program participants during any monitoring with or without advance notice. Provider staff shall adhere to JWB's Data Quality Manual and JWB's Financial Policies and Procedures for Funded Programs, and all staff who have any responsibility (supervisory or direct) for data entry shall be trained within thirty (30) calendar days of hire. The Provider is responsible for maintaining written policies and procedures for providing data to JWB in a timely manner. The Provider is responsible for reviewing JWB Database and JWB Secure Portal User Access to ensure that all users are active employees with access to appropriate data systems and modules. Provider shall notify the JWB Program Consultant and complete the designated form immediately upon involuntary termination and within five (5) business days upon voluntary separation or whenever a Provider staff person's access must be inactivated due to the reasons outlined in JWB's Data Quality Manual. The Provider is responsible for implementing appropriate procedures into their data policies to protect data and prevent accidental or malicious disclosure of participant information. The Provider is responsible for maintaining fiscal workflow approval prior to creation of a program budget. Provider shall notify JWB no less than ninety (90) days prior to implementation of data system(s) used for participant and/or financial information that are used to share data with JWB. Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 5 of 29 6. Board Members, Training, and Financial Review Within thirty (30) calendar days of approval or a change of board composition, Provider shall submit to JWB an updated list of board members to include the email and physical address, phone number, and place of employment of the board chair. Submission of Provider policies and procedures regarding board review of Provider finances shall be required within thirty (30) calendar days of this Agreement and upon revision and approval by the Provider's board. Training of new board members by an external trainer is required within twelve months of joining the Provider board. Evidence of training must be provided to JWB by September 17, 2021. Training must consist of the following topics: nonprofit governance, fiduciary risks, and liabilities. Documentation of this training shall include an outline of topics covered, the board members in attendance, date the board member joined the board, and who provided the training. Providers that are governmental entities, higher education institutions, and hospitals are exempt from this training requirement. 7. Nondiscrimination Providers receiving funding from JWB shall not discriminate against an employee, volunteer, or participant of the Provider on the basis of race, color, gender, religion, national origin, citizenship, disability, marital status, age, veteran status, sexual orientation, pregnancy, and genetic information, or any other legally protected category except that programs may target services for specific participant groups as defined in the application. Additionally, Providers receiving funds shall demonstrate the standards, policies, and practices necessary to render services in a manner that respects the worth of the individual and protects and preserves the dignity of people of diverse cultures, classes, races, religions, and ethnic backgrounds. 8. Publicizing of JWB Support - Endorsements Requests for endorsements that require a commitment of JWB resources shall be submitted to the JWB Board for its consideration. However, endorsements, which do not require JWB resources may be given to those Providers that support the focus and priorities of the JWB Board, at the discretion of the JWB Chief Executive Officer. JWB's logo must be visible at Provider's administrative and program sites and be present on the following Provider materials as an acknowledgement of support: • Annual report • Program brochures and marketing materials • Program stationery JWB's logo may not be used on any other publications requiring JWB resources without JWB approval. However, if a publication does not require a monetary commitment or indicate sponsorship, use of the JWB logo may be authorized at the sole discretion of the JWB Chief Executive Officer. 9. Publications Provider agrees to supply JWB, without charge, up to three (3) copies of any publication developed in connection with implementation of programs addressed by this Agreement. Such publications will state that the program is supported by JWB. Provider agrees that JWB will have unlimited use of copyrighted materials developed under this Agreement and Provider will be notified by JWB when this occurs. Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 6 of 29 10. Assignments and Subcontracts Provider shall not assign the responsibility of this Agreement to another party nor subcontract for any of the work contemplated under this Agreement, including transportation of participants, without prior written approval of JWB through an approved budget or other written approval on file at JWB. No such approval by JWB of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation by JWB in addition to the total dollar amount stated in this Agreement. JWB shall have the right to require the Provider to replace any Subcontractor found, in the reasonable judgment of JWB, to be unacceptable. All such assignments or subcontracts shall be subject as applicable to the terms and General Conditions of this Agreement and to any conditions of approval that JWB shall deem necessary. Subcontracts for program service delivery described in the approved program methodology must be reviewed according to the Subcontract Assessment found at https://www.jwbpinellas.org/wp-content/uploads/2019/11/Subcontract-Assessment-Form.pdf. The assessment outlines elements that must be included in subcontracts. Subcontracts and the corresponding Subcontract Assessment shall be submitted to JWB within thirty (30) calendar days of the effective date of this Agreement and upon revision, amendment and execution of the subcontract thereafter. Provider shall have full responsibility for the successful performance and completion of all subcontracted duties under this Agreement to the same extent as if the Provider performed such duties. The Provider shall be the sole point of contact for subcontracts with regard to all matters under this Agreement. Provider is responsible for monitoring subcontracts of JWB funded programs unless otherwise specified in a Special Condition of this Agreement. Documentation of monitoring of subcontracts shall be submitted to JWB no more than thirty (30) calendar days following completion of the monitoring activities. 11. Confidential Information Provider must follow all laws regarding confidentiality of information including, but not limited to, HIPAA. Provider shall not use or disclose any information which specifically identifies a recipient of services under this Agreement, and shall adopt appropriate procedures for employees' handling of confidential data with the following exceptions: a) such information may be revealed as may be necessary to conform to Fiscal Responsibility and Program Monitoring requirements as stated in the General Conditions of this Agreement; b) such information may be revealed as may be necessary pursuant to applicable federal, state, or local law and related regulations; and c) such information may be revealed with the written consent (authorization) of the recipient, or the recipient's responsible parent or guardian, where authorized by law. Provider is responsible to adopt appropriate policies, notifications, authorizations, and other relevant information that allows for the sharing of confidential information with JWB. The Provider shall also maintain in participant files a completed copy of a JWB-approved form for authorizing client consent to release information for each participant receiving services. As allowed by law and Provider policy, the Provider shall add JWB to consent forms including HIPAA consent forms to facilitate data sharing and implement the Fiscal Responsibility and Program Monitoring requirements as stated in the General Conditions of this Agreement and advise JWB within two (2) business days if a participant has withdrawn consent to share data and note this withdrawal of consent in the case file. JWB has full discretion as to the use of data and JWB owns all data once transferred to JWB. Provider shall obtain permission and license for the use of any and all photographs, videotaping, audio recordings, or written interviews/stories of participants, to include use of name, image and other identifiable information in connection with a press release, news story, testimonial, or story that may be viewed by the Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 7 of 29 general public, and that the participant will not receive compensation for participation in the use of this information. For youth under the age of eighteen (18), Providers will obtain the signature of a parent or legal guardian. In no event should participant identifying information ever be emailed or faxed to JWB. In the event of an improper disclosure of participant information by Provider, Provider shall inform JWB of the improper disclosure and extent thereof within two (2) business days of becoming aware of the improper disclosure. Provider shall cooperate fully with JWB and take all necessary steps to correct and remedy any damage caused by the Provider's improper disclosure and to prevent future improper disclosure. Provider shall defend, indemnify and hold harmless JWB from any and all damages caused by the improper disclosure of any confidential information as defined by law including, but not limited to, Protected Health Information under HIPAA and any and all costs associated with remedying the disclosure. Provider shall defend, indemnify and hold harmless JWB from any and all damages caused by the improper disclosure as defined by law of any information including but not limited to personally identifiable information (PII) and protected health information (PHI) as required under HIPAA, HITECH and FIPA regulations or other information that is confidential and/or exempt from disclosure per F.S. 119. This provision shall survive the termination of this Agreement. Likewise, in the event of an improper disclosure of Provider's participant information by JWB, JWB shall inform Provider of the improper disclosure and extent thereof within two (2) business days of becoming aware of the improper disclosure. JWB shall cooperate fully with Provider and take all necessary steps to correct and remedy any damage caused by JWB's improper disclosure and to prevent future improper disclosure. JWB shall defend, indemnify and hold harmless Provider from any and all damages caused by JWB's improper disclosure and any and all costs associated with remedying the disclosure subject to the doctrine of sovereign immunity and limitations set forth in F.S. 768.28. 12. Public Records JWB is a public entity subject to Florida's Public Records Law, which includes provisions relating to records retention, production, and confidentiality. For purposes of this section, Provider is also referred to as Contractor. Provider subcontracts that arise out of this Agreement must apply the entirety of this public records condition to the Subcontractor. 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: Juvenile Welfare Board of Pinellas County 14155 58th St. No., Ste. 100 Clearwater, FL 33760 (727) 453-5600 communications@jwbpinellas.org Contractors acting on behalf of JWB must comply with 119.0701 and must: a. Keep and maintain public records required by JWB to perform the service. Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 8 of 29 b. Upon request from JWB's custodian of public records, provide JWB with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in F.S. 119 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 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 JWB all public records in possession of Contractor or keep and maintain public records required by JWB to perform the service. If the Contractor transfers all public records to JWB upon completion of the contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If 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 JWB, upon request from JWB's custodian of public records, in a format that is compatible with the information technology systems of JWB. In addition, Contractors should be aware that Social Security numbers are confidential and exempt from disclosure (119.071(5)) and personal identifying information of a child or the parent or guardian of the child held by JWB or service provider under contract with JWB is exempt from disclosure (125.901(11)). There are many other exemptions in the law that Provider should be cognizant exist. However, for all Providers, any and all contracts between JWB and Provider, program methodology, budgets, requests for reimbursements, emails, other written correspondence and any other documents exchanged between the Provider and JWB are generally public records and will be disclosed in the sole discretion of JWB and must be retained in accordance with Florida's record retention policy. Providers should not provide any documents to JWB containing Trade Secrets, as defined by F.S. 812.08, or exempt or confidential and exempt information to JWB without specifically marking such document. By submitting any documents or information whatsoever to JWB, Provider agrees that JWB may use and disclose all information and documents submitted for any purpose JWB sees fit and that it is within JWB's sole discretion to determine if any information submitted is exempt from disclosure. Any Provider who receives a public records request for records pertaining to JWB or services funded by JWB, must advise JWB within two (2) business days of the records request and JWB and Provider will work together to respond to any such request. This provision shall survive termination of this Agreement. 13. Return of Funds Provider agrees to return to JWB any overpayment due to costs not incurred or costs disallowed pursuant to the terms of this Agreement and such funds shall be considered JWB funds and shall be refunded to JWB in accordance with its instructions. Should Provider fail to return said funds, Provider shall be responsible for all costs and fees of collection incurred by JWB - including, but not limited to, attorney fees and court costs including any pre-suit collections fees and costs. This provision survives termination of this Agreement and return of funds for overpayment or disallowance will be required even if the overpayment or disallowance is discovered after this Agreement is terminated. 14. Special Situations and Incidents Provider agrees to inform JWB within one (1) business day of any circumstances or events which may reasonably be considered to jeopardize its capability to continue to meet its obligations under the terms of this Agreement. Participant incidents are required to be reported for situations that occur only while under the Provider's care and includes anything that may reflect negatively or critically upon JWB. Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 9 of 29 Certain personnel are mandated by law to report their suspicions of child abuse, neglect, or abandonment to the Florida Abuse Hotline (1-800-96-ABUSE). All concerns regarding suspected abuse, neglect, or abandonment of a child or vulnerable adult by the Provider shall first be reported to the Florida Abuse Hotline and then reported to JWB. Incident reporting does not preclude mandated reporting requirements. Critical Incidents are defined as follows: Abduction - An incident in which an individual who does not have care and custody of a child has taken the child. Concerns of child abductions shall immediately be reported to the appropriate law enforcement personnel. Abuse or Neglect - Reasonable cause to suspect that a child has been harmed or is believed to be threatened with harm while in the Provider's care. Breach of Information - Sensitive, protected or confidential data has potentially been viewed, stolen or used by an individual unauthorized to do so. Employee Arrest - Employee conduct or activity that results in potential liability to the Provider or JWB, death or harm to a participant, or results in a law violation, including falsification of official records. If an arrest is made for a potentially disqualifying offense under Level 2 background screening requirements, or if the arrest occurred while in the performance of an employee's official duties, the incident should be reported immediately. Investigation or Lawsuit - Any formal investigation or legal action brought against Provider which relates to the services funded by JWB or which may reasonably be considered to jeopardize its capability to continue to meet its obligations under the terms of this Agreement. Media Coverage or Public Inquiry - Media coverage or public reaction that may have an impact on the Provider or JWB's ability to protect and serve its participants, or other significant effect on the Provider or JWB. Participant Death - The death of any participant receiving JWB services, regardless if the death occurred while under Provider's care. Participant Illness - An illness of a participant requiring a response by Emergency Medical Services AND transport to a medical facility due to the severity of the illness while participant is attending the program. Participant Injury - A medical condition of a participant requiring a response by Emergency Medical Services AND transport to the hospital due to the severity of the medical condition or injury while the participant is attending the program. Note in both instances of Participant Illness and Participant Injury the parents may use Emergency Medical Services as transportation to the hospital - if it is used solely for this purpose an incident report is not required. In the event that the participant leaves the program and requires emergency care due to an injury or illness incurred at the program, an incident report should be completed when the program becomes aware. Sexual Battery - An allegation of sexual battery involving a participant or employee as evidenced by medical evidence or law enforcement involvement. Sexual battery includes participant on participant incidents, employee, agent or volunteer on participant, and participant on employee, agent or volunteer. Suicide Attempt - An act which clearly reflects the physical attempt by an active participant to cause his or her own death, which results in bodily injury requiring medical treatment by a licensed health care professional. Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 10 of 29 In addition, the Provider shall notify JWB immediately upon knowledge of any action or incident involving Provider staff or volunteers that could potentially jeopardize the terms of this Agreement which includes misconduct, malfeasance during working hours, or any conduct that results in the arrest of a staff member or volunteer after hours. Within one (1) business day, the Provider must submit electronically a completed Incident Report to IRreviewteam@jwbpinellas.org with full details and disposition of the incident, excluding identifying information such as name, date of birth, and address. In the event of a participant death please contact by phone the JWB Chief Operating Officer within three (3) hours of knowledge of the incident. All email communications made or received by JWB members or staff are considered public records and are retained and, upon request, made available to the public and media in accordance with Chapter 119, Florida Statutes. Provider must adhere to the reporting requirements hereunder after the termination of this Agreement if Provider becomes aware of a Critical Incident after the termination of the Agreement if the Critical Incident occurred during the term of the Agreement and/or relates to the services funded by JWB. 15. Provider Staff Membership on Board Provider agrees that Provider staff shall not serve as voting members of the Provider's governing board. 16. Waiver JWB reserves the right to waive requirements of this Agreement and General Conditions where warranted by special circumstances. Any waiver shall be in writing and signed by JWB. 17. Provider & Program Data Maintained In 2-1-1 Database Provider agrees to maintain accurate and up-to-date Provider and program data in the 2-1-1 Tampa Bay Cares database. The Provider will review and update (as necessary) this data at least once annually. The Provider will list data for newly funded program(s) within thirty (30) calendar days of the date that JWB funds the program. This requirement applies to all programs accepting 2-1-1 referrals. 18. Provider Staff Background Checks All program staff and Provider staff (including employees, independent contractors, and staff of subcontractors), volunteers and those who may have access to youth participants are required to undergo and pass a national Level 2 background check that complies with the standards set forth in F.S. 435. Those individuals must have no disqualifying offenses listed in F.S. 435.04. for which they have not received an exemption in accordance with Florida law. All staff and volunteers must continue to qualify to pass a Level 2 screening at all times and must notify their employer if at any time they no longer qualify to pass a Level 2 screening. Proof of Level 2 background clearance, including current executed affidavits/attestations of good moral character, must be maintained at all times in the appropriate files and the screening repeated every five (5) years or more often in accordance with law or as requested by JWB. This requirement applies to employees regardless of the funder supporting the position and all volunteers and subcontractors who may have access to youth. Volunteers and subcontractors who assist on an intermittent basis for less than ten (10) hours per month do not have to be screened if a person who meets the screening requirement of this section is always present and has the volunteer and subcontractor within his or her line of sight. The Provider is required to clearly document Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 11 of 29 which volunteers meet the criteria for a Level 2 background screening and affidavits of good moral character, and which are exempt according to the terms of this Agreement. The Provider's policy and practice for background screening must provide for adequate protection and must comply with all applicable laws and implementing regulations including, but not limited to F.S. 435. The Florida Department of Children and Families provides an exemption process under this statute. JWB does not provide an exemption or waiver process. Should a Provider not be statutorily authorized to receive a national Level 2 background check in accordance with F.S. 435, the Provider must still comply with the standards set forth in F.S. 435 through VECHS background screening. Only in the event the Provider does not qualify to receive a national Level 2 background check in accordance with F.S. 435 and is not eligible to participate in VECHS, then the Provider must engage a third party vendor to conduct a national background check and must comply with the standards as set forth in F.S. 435. Providers using VECHS, or any other third party vendor which does not allow the release of background screening results to JWB, must sign and provide to JWB an affidavit which ensures compliance with the entirety of this section. This affidavit must be renewed annually by the Provider's Executive Director or equivalent and submitted within thirty (30) calendar days of the effective date of this Agreement and upon change of staff in this position. Provider must also provide a written procedure within thirty (30) calendar days of the effective date of this Agreement which outlines the process by which compliance is ensured with the entirety of this section. Provider agrees to submit to monitoring of personnel and volunteer files and other required documents to ensure compliance with this section. Monitoring will include, but not be limited to, review of training logs, position descriptions, applications, resumes and Provider verification of staff credentials. Providers shall not release PHI to JWB and shall keep this information separated from personnel and volunteer files. Parental consent for JWB monitoring activities must be evident in the personnel and volunteer files of minor children. 19. Attendance Provider is required to keep attendance records. If Attachment 2 requires a program to track participant attendance, attendance may be tracked in the JWB Database or other approved data system. 20. Link to JWB's Website Provider website shall include the JWB logo that links to the JWB website (www.jwbpinellas.org). 21. Drug-Free Workplace The Provider shall have and enforce a Drug and Alcohol Free Workplace Policy. This policy shall be submitted to JWB within thirty (30) calendar days of the execution of this Agreement. 22. Public Entity Crimes Per Section 287.133, F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 12 of 29 or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with a public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 23. JWB Policies and Procedures Provider agrees to follow all JWB policies and procedures which can be located on the JWB website at www.jwbpinellas.org and which are incorporated into this Agreement in their entirety. Said policies include, but are not limited to, all Board policies, funding policies, JWB Financial Policies and Procedures for Funded Programs, research policies, security policies, JWB Data Quality Manual, and policies that may be promulgated by JWB within its sole discretion from time to time. JWB reserves the right to change these policies from time to time within its sole discretion. JWB will provide a minimum of thirty (30) calendar days' notice to the Provider and it is the responsibility of the Provider to be in compliance with all policies and procedures at all times. Provider is encouraged to provide certification of current accreditation by a recognized national accrediting body appropriate to the programming funded by JWB. Regardless of accreditation, the Provider must meet the highest professional standards established through its specific field. 24. Conflict of Interest The Provider must have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder. The Provider further represents that no person having any such interest shall be employed or subcontracted by the Provider during the Agreement term and any extensions. The Provider shall promptly notify JWB, in person, or by email, regular mail or delivery service., of all potential conflicts of interest for any prospective business association, interest, or other circumstance, which may influence or appear to influence the Providers judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Provider may undertake and request an opinion of the JWB Chief Executive Officer as to whether the association, interest or circumstance would, in the opinion of JWB, constitute a conflict of interest if entered into by the Provider. JWB agrees to notify the Provider of its opinion, in person, or by email, regular mail or delivery service, within thirty (30) days of receipt of notification by the Provider. 25. Insurance Requirements - Basic Provisions The Provider will procure, pay for, and maintain, throughout the period of this Agreement, on behalf of the Provider and JWB, the following MINIMUM limits of basic insurance coverage with responsible companies, eligible to do business in the State of Florida, which maintain a rating of A-(IX) or higher with A.M. Best. a. Workers' Compensation Part One: "Statutory" Part Two: Each Accident $500,000 Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 13 of 29 Disease - Policy Limit $500,000 Disease - Each Employee $500,000 Such insurance shall be no more restrictive than that provided by the latest edition of the standard Workers' Compensation Policy, as filed for use in Florida by the National Council on Compensation Insurance (NCCI), without any restrictive endorsements other than any endorsements required by NCCI or the State of Florida. In addition to coverage for the Florida Workers' Compensation Act, where appropriate, coverage is to be included for the Federal Employer's Liability Act and any other applicable Federal or State law. b. Commercial General Liability General Aggregate $3,000,000 Products/Completed Operations Aggregate $3,000,000 Personal and Advertising Injury $3,000,000 Each Occurrence $3,000,000 Such insurance shall be no more restrictive than that provided by the latest edition of the standard Commercial General Liability Form (Form CG 00 01) as filed for use in the State of Florida by the Insurance Services Office (ISO) without any restrictive endorsements other than any endorsements specifically required by ISO or the State of Florida. JWB and JWB's Board members, employees, volunteers, and agents shall be included as an "Additional Insured" on the Commercial General Liability coverage a form no more restrictive than ISO form CG 20 10 (Additional Insured - Owners, Lessees, or Provider). c. Automobile Combined single limit - (Vehicles transporting JWB Participants) $5,000,000 Combined single limit - (All other vehicles used in the performance of work under this Agreement) $500,000 [The determination of which of the Provider's vehicles will be subject to the limit stated above for "Vehicles transporting JWB Participants" and will be based upon the responses given by the Provider in the most recent JWB Insurance Survey.] Such insurance shall be no more restrictive than that provided by Section II (Liability Coverage) of the most recent version of the standard Business Auto Policy (ISO Form CA 00 01) without any restrictive endorsements, including coverage for liability contractually assumed, and shall cover all owned, non-owned, and hired autos used in the performance of the work under this Agreement. Providers that transport JWB Participants will be required to insure any vehicle used for such Participant transportation in the amount shown in the Participant Transportation section of the Automobile Insurance Requirements matrix. Such amount shall be determined by JWB based upon the maximum number of passengers per vehicle (including driver) in the vehicle being utilized. All Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 14 of 29 other Provider vehicles are required to be insured in the amount shown in the matrix which corresponds to the rest of the Providers operations, excluding participant transportation. The applicable limits can be found at https://www.jwbpinellas.org/wp-content/uploads/2020/04/Automobile-Insurance-Requirements.pdf Providers that hire participant transportation services shall be required to maintain verification of transportation vendor's automobile liability insurance limits in the same amount that the Provider would be required to maintain if Provider were providing the transportation services directly. Such amount shall be determined by JWB based upon the maximum number of passengers per vehicle (including driver) in the vehicle being utilized. The applicable limits can be found at https://www.jwbpinellas.org/wp-content/uploads/2020/04/Automobile-Insurance-Requirements.pdf. d. Excess or Umbrella Insurance: All required limits of insurance may be satisfied by the use of any combination of primary and excess/umbrella liability insurance coverages. All Certificates of Insurance for umbrella and excess liability policies should clearly indicate which underlying policies such excess or umbrella liability policies are applicable to on an excess basis. e. Evidence of Insurance: Provider shall not commence work until the required insurance is in force and evidence of insurance meeting all of the requirements set forth herein has been provided to JWB. JWB at all times reserves the right to request such additional documentation and evidence of insurance as in its sole discretion it may require and the Provider hereby agrees to provide same. An appropriate Certificate of Insurance signed by an authorized representative of the insurer shall be satisfactory evidence of insurance. With respect to the Commercial General Liability, an appropriate Certificate of Insurance signed by an authorized representative of the insurer, and copies of the actual additional insured endorsement(s) as issued on the policy(ies), shall be satisfactory evidence of such insurance. The evidence of insurance provided by Provider must include a disclosure of the amount(s) of all deductibles or self-insured retentions applicable to any policy of insurance required under this section. Until such insurance is no longer required by this Agreement, Provider shall provide JWB with renewal or replacement evidence of insurance at least fifteen (15) calendar days prior to the expiration or termination of such insurance. Notwithstanding the prior submission of a Certificate of Insurance, copies of endorsements, or other evidence initially acceptable to JWB, if requested by JWB, Provider shall, within thirty (30) calendar days after receipt of a written request from JWB, provide JWB with a certified copy(ies) of the policy(ies) providing the coverage required herein. Provider may redact or omit, or cause to be redacted or omitted, those provisions of the policy or policies which are not relevant to the insurance required herein. Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 15 of 29 f. Notice of Cancellation: All required policies must be endorsed to provide JWB with thirty (30) calendar days' prior notice of cancellation. g. Primary and Non-Contributory: The insurance provided by the Provider shall apply on a primary basis to and shall not require contribution from, any insurance maintained by JWB. Any insurance or self-insurance maintained by JWB shall be in excess of, and shall not contribute with, the insurance provided by Provider. h. Deductibles/Self-Insured Retentions: Except as otherwise specifically authorized in this Agreement, no deductible or self-insured retention for any insurance required of Provider pursuant to this Agreement will be allowed. To the extent any required insurance is subject to any deductible or self-insured retention (whether with or without prior approval of JWB), Provider shall be solely responsible for paying any such deductible or self-insured retention. Non-Waiver/Remedies: Compliance with these insurance requirements shall not limit the liability of Provider, its subcontractors, sub-subcontractors, employees or agents. Any remedy provided to JWB or JWB's Board members, employees, volunteers, and agents by the insurance provided by Provider shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of Provider) available to JWB under this Agreement or otherwise. Neither approval nor failure to disapprove insurance furnished by Provider shall relieve Provider from the responsibility to provide insurance as required by this Agreement. Provider shall provide JWB with renewal or replacement evidence of insurance at least fifteen (15) calendar days prior to the expiration or termination of such insurance. 26. Insurance Requirements - Additional Coverages The Provider will procure, pay for, and maintain, throughout the period of this Agreement, on behalf of the Provider and JWB, the following MINIMUM limits of additional insurance coverage with responsible companies, eligible to do business in the State of Florida, which maintain a rating of A-(IX) or higher with A.M. Best. a. Professional Liability Each Claim $1,000,000 Annual Aggregate $1,000,000 Maximum Deductible or Maximum Self-Insured Retention $25,000 Such insurance shall be on a form acceptable to JWB and shall cover Provider for those sources of liability arising out of the rendering or failure to render professional services in the performance of Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 16 of 29 the services required in the Agreement including any hold harmless and/or indemnification agreement. If the Professional Liability is provided on a Claims Made Form, the retroactive date must be no later than the first date of this Agreement and such claims-made coverage must respond to all claims reported within three (3) years following the period for which coverage is required. b. Cyber Liability Each Claim $500,000 Annual Aggregate $500,000 Maximum Deductible or Maximum Self-Insured Retention $25,000 The Cyber Liability insurance shall be on a form acceptable to JWB and shall cover Security & Privacy Liability and Breach Response Coverage, including Notification Expenses. If the Cyber Liability is provided on a Claims Made Form, the retroactive date must be no later than the first date of this Agreement and such claims-made coverage must respond to all claims reported within three (3) years following the period for which coverage is required. The required Cyber Liability coverage may be included as part of the Professional Liability coverage and limits required above. c. Abuse and Molestation Liability Each Claim $1,000,000 Annual Aggregate $1,000,000 Maximum Deductible or Maximum Self-Insured Retention $25,000 Such insurance shall be on a form acceptable to JWB and shall cover Provider and its employees for liability arising out of any occurrence of abuse or molestation in relation to the work provided by Provider under the Agreement. If the Abuse and Molestation coverage is provided on a Claims Made Form, the retroactive date must be no later than the first date of this Agreement and such claims-made coverage must respond to all claims reported within three (3) years following the period for which coverage is required. d. Directors and Officers/Employment Practices Liability Each Claim $1,000,000 Annual Aggregate $1,000,000 Maximum Deductible or Maximum Self-Insured Retention $25,000 Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 17 of 29 Such insurance shall be on a form acceptable to JWB and shall cover Provider and its directors, officers and employees for liability arising out of "Wrongful Acts" in the performance of their duties as directors, officers and employees of Provider. In addition, coverage shall be included for "Wrongful Acts" of Provider arising out of Provider's employment practices. If the coverage is provided on a Claims Made Form, the retroactive date must be no later than the first date of this Agreement and such claims-made coverage must respond to all claims reported within three (3) years following the period for which coverage is required. e. Crime Insurance Such insurance shall be on a form acceptable to JWB and shall provide the following coverages in the following amounts: Employee Dishonesty: $300,000 Forgery or Alteration: $300,000 Robbery (on or off premises): $300,000 Computer Fraud: $300,000 Funds Transfer Fraud: $300,000 Maximum Deductible or Maximum Self-Insured Retention $25,000 f. Watercraft Liability To the extent watercraft are utilized, Provider shall purchase and maintain insurance which shall, at a minimum, cover Provider for injuries or damage arising out of the use of all owned, non-owned, and hired watercraft. The insurance shall include JWB and JWB's Board members, employees, volunteers, and agents as additional insureds. The limits applicable to watercraft liability shall be: Each Occurrence/Annual Aggregate $300,000 g. Pollution Legal Liability Such insurance shall cover Provider for liability resulting from pollution or other environmental impairment arising out of, or in connection with, work performed under this Agreement, or which arises out of, or in connection with this Agreement, including coverage for cleanup of pollution conditions and third party bodily injury and property damage claims arising from pollution conditions. Such insurance shall also include transportation coverage and non-owned disposal site coverage. Coverage must either be on an occurrence basis; or, if on a claims-made basis, the coverage must respond to all claims reported within three (3) years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 18 of 29 The minimum limits (inclusive of any amounts provided by an umbrella or excess policy) shall be: Each Claim $500,000 Annual Aggregate $500,000 Maximum Deductible or Maximum Self-Insured Retention $25,000 JWB and JWB's Board members, employees, volunteers, and agents shall be included as an "Additional Insureds" on the policy. 27. Indemnification Provider shall defend, indemnify, and hold harmless JWB, its agents, and employees from and against any and all liabilities, claims, judgments, or actions including, but not limited to, attorney's fees and all costs that may hereafter at any time be made or brought by any person or entity on account of any claim including but not limited to, personal injury, property damage, loss of monies, civil rights violation, or discrimination allegedly caused in whole or part by any act or omission, including but not limited to, breach of contract, negligent act, wrongful act, intentional act, omission, and any acts of fraud or defalcation, of the Provider, its agents, employees, or subcontractors, arising out of or relating to its performance of this Agreement or for Provider's improper disclosure of confidential and/or exempt information, or failure to comply with F.S. 119 or any other applicable law, rule or regulation. In no event will the Provider be liable for or have any obligation to defend JWB against such liability, claims, judgments, or actions, including costs and attorney's fees, arising out of the sole negligent acts of JWB. This provision survives termination of the Agreement. 28. Certification that Provider is legally able to contract with JWB In compliance with F.S. 287.135(a), a Provider is ineligible to and may not enter into a contract with JWB if the Provider is on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 or is engaged in a boycott of Israel. In compliance with F.S. 287.135(b), for contracts of $1 million or more, a Provider is ineligible to and may not enter into a contract with JWB if the Provider (1) is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Section List, created pursuant to s. 215.473 or, (2) is engaged in business operations in Cuba or Syria. By entering into this Agreement, you are certifying that you are eligible to contract with JWB and are not participating in a boycott of Israel, are not on the Scrutinized Companies with Activities in Sudan List, are not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that you do not have business operations in Cuba or Syria. In addition, this Agreement may be terminated if Provider (1) has found to have submitted a false certification, (2) has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, (3) has been placed on the Scrutinized Companies with Activities In Sudan List or the Scrutinized Companies with Activities in The Iran Petroleum Energy Sector List; or (4) has been engaged in business operations in Cuba or Syria. Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 19 of 29 IX. SIGNATURES __________________________________________ __________________________________________ Chief Executive Officer: Juvenile Welfare Board of Pinellas County City Manager: City of Clearwater Beth A. Houghton William B. Horne, II __________________________________________ __________________________________________ Date Date ATTEST __________________________________________ City Clerk (Designee) (SEAL) APPROVED AS TO FORM AND CONTENT __________________________________________ City Attorney (Designee) 8/27/20 Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 20 of 29 Attachment 1 Special Conditions of the Agreement The following condition(s) applies to the program(s): --- Charting the Course for Youth Provider approved COST program shall adhere to the JWB approved Program Service Matrix Model Program Components for Out of School Time Programming. The Provider will complete and submit the Florida Afterschool Network (FAN) Quality Self- Assessment and Improvement Guide within 30 days of the effective date of this Agreement including specific information for all sites regarding Categories 3, 4, 6, and 7. In addition, Provider will submit the required Program Improvement Plan identifying strategies towards progress to JWB within 30 days following the due date according to the FAN assessment timeline. The Provider and all facilities legally required to be licensed must maintain valid licensure. Facilities not required to be licensed must maintain a Certificate of Substantial Compliance issued by the Pinellas County License Board (PCLB). Should any Provider or facility's license or certification be revoked, not renewed, or suspended during the time services are being provided hereunder, the Provider must immediately notify JWB within twenty-four (24) hours in writing and said Provider or facility is no longer qualified to provide services to the Recipients under the terms of this Agreement. Provider or facility's license must be considered in Good Standing, which is defined as having no probationary license status within the preceding twelve (12) months. Provider authorizes JWB to speak with PCLB and any other entity regulating the Provider about anything relevant to Provider's child care license, history of providing care or anything else deemed relevant by JWB. General Condition #18 - Provider is waived from personnel file monitoring with JWB wherein the Provider has no non-compliances on PCLB’s most recent monitoring report/inspection checklist/complaint investigation in the area of Personnel and at the time of JWB monitoring is in full compliance with all PCLB regulations pertaining to Personnel, including, but not limited to, personnel records and background screening. JWB reserves the right to monitor personnel files at any time, including if a non-compliance is noted during PCLB’s monitoring/inspection/investigation and at any time JWB deems necessary. Provider will give JWB staff access to all PCLB monitoring reports/inspection checklist/complaint investigations. All other provisions of the Condition remain. COVID - 19 may impact the Provider’s ability to meet one or more performance measures and targeted service levels. The Provider should continue with diligent data collection, but will be held harmless if the program doesn’t meet performance measures which are affected, in isolation, by COVID - 19. The following condition(s) applies to the Provider (AGN274): --- City of Clearwater General Condition #2E - The last sentence is waived: Provider is not required to submit a Continuity of Operations Plan to JWB. General Condition #27 - Indemnification is replaced with "The Provider agrees to be fully responsible for all claims arising out of its own acts of negligence or its respective employees' acts of negligence when acting within the scope of their employment and agrees to be liable for any damages proximately caused thereby; provided, however, that the Provider's liability is subject to the monetary limitations and defenses imposed by Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 21 of 29 section 768.28, F.S. Nothing herein is intended to serve as a waiver of sovereign immunity by the Provider, nor shall anything herein be construed as consent by the Provider to be sued by any third party for any cause or matter arising out of or related to this Agreement except to the extent provided by 768.28, F.S." General Condition #11 - Confidential Information- paragraph 4, the sentence that states, "Provider shall defend, indemnify and hold harmless JWB from any and all damages caused by the improper disclosure of any confidential information as defined by law including, but not limited to, Protected Health Information under HIPAA and any and all costs associated with remedying the disclosure." is stricken and replaced with the following: "Provider shall defend, indemnify, and hold harmless JWB from any and all damages caused by the provider's improper disclosure of any information including, but not limited to, Protected Health Information under HIPAA and any and all costs associated with remedying the disclosure subject to the doctrine of sovereign immunity and limitations set forth in F.S. 768.28." General Condition #6 - Board Members, Training, and Financial Review are waived. General Conditions #25 and #26- Insurance Requirements are waived wherein the Provider maintains responsibility for the delivery of services. Should the Provider assign or subcontract any of the work contemplated under this Agreement to a non-governmental entity, or to a non-Florida governmental entity, this Insurance Requirements waiver is not applicable to the subcontracted services portion of the contract. Nongovernmental subcontractors and non-Florida governmental subcontractors must demonstrate compliance with the insurance requirements for all subcontracted services performed for Provider for JWB-funded programs. Provider is solely responsible for ensuring subcontractors of the Agreement are in compliance with the minimum insurance requirements as described in General Conditions #25 and #26. Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 22 of 29 Attachment 2 City of Clearwater (AGN274) Charting the Course for Youth (PROG478) Performance Measurement FY21 Participant Level Performance Measurements Targets Information for PROG478 Target (Measurable): FSA Learning Gains - English Language Arts TargetV2DefinitionId 3000 ShortTargetTitle FSA Learning Gains - English Language Arts TargetText Percent of eligible youth participants that demonstrate learning gains on the FSA English Language Arts. TargetType Milestone Data ProjectedValue ProjectedStartDate 10/01/2020 ProjectedEndDate 09/30/2021 Notes Learning gains are defined by Pinellas County Schools in accordance with guidelines from the Florida Department of Education. An eligible participant will be in grades 4 and higher, have two years’ worth of FSA data, and be enrolled in the program before January. Measured by PCS, and analyzed by JWB. A program-wide milestone will be entered into GEMS after JWB reports performance to the provider. Target (Measurable): FSA Learning Gains - Mathematics TargetV2DefinitionId 2999 ShortTargetTitle FSA Learning Gains - Mathematics TargetText Percent of eligible youth participants that demonstrate learning gains on the FSA Mathematics. TargetType Milestone Data ProjectedValue ProjectedStartDate 10/01/2020 ProjectedEndDate 09/30/2021 Notes Learning gains are defined by Pinellas County Schools in accordance with guidelines from the Florida Department of Education. An eligible participant Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 23 of 29 will be in grades 4 and higher, have two years’ worth of FSA data, and be enrolled in the program before January. Measured by PCS, and analyzed by JWB. A program-wide milestone will be entered into GEMS after JWB reports performance to the provider. Target (Measurable): Percent of eligible participants receiving the OST survey TargetV2DefinitionId 2905 ShortTargetTitle Percent of eligible participants receiving the OST survey TargetText Percentage of eligible participants who will be given the OST Survey during the administration window (May 2021). TargetType Milestone Data ProjectedValue 85 ProjectedStartDate 10/01/2020 ProjectedEndDate 09/30/2021 Notes This measures the percentage of eligible participants who respond to the OST survey. The survey assesses participant opinions about satisfaction in the program, programmatic curriculum, development of life skills, and plans for the future. This offers the provider a glimpse into the areas where the program can improve. Eligibility is defined as being enrolled in grades 3 or higher, enrolled before January, and active during the administration period (May). The denominator includes all participants who are eligible, while the numerator counts the number of people, out of those eligible, who took the survey. Target (Measurable): TRGT1211: Annual participation - child TargetV2DefinitionId 1297 ShortTargetTitle TRGT1211: Annual participation - child TargetText Percent of Participants who continue in the afterschool program for more than one year. TargetType Roster Data ProjectedValue 65 ProjectedStartDate 10/01/2020 ProjectedEndDate 09/30/2021 Notes Measures participants who are served by the provider in more than one fiscal year. Target (Measurable): TRGT1360: Percent of days attended TargetV2DefinitionId 2549 ShortTargetTitle TRGT1360: Percent of days attended TargetText Percent of youth attend 70% of the program days tracked on a monthly basis as demonstrated by JWB database attendance report. Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 24 of 29 TargetType Milestone Data ProjectedValue 70 ProjectedStartDate 10/01/2020 ProjectedEndDate 09/30/2021 Notes This measure speaks to the dosage of programming. It is measured by the actual number of days in attendance by the number of days the participant could have potentially attended the program. Target (Measurable): TRGT1519: Less than 10% of school days unattended TargetV2DefinitionId 2636 ShortTargetTitle TRGT1519: Less than 10% of school days unattended TargetText % of students who miss less than 10% of unexcused school days. TargetType Milestone Data ProjectedValue 95 ProjectedStartDate 10/01/2020 ProjectedEndDate 09/30/2021 Notes Percent of participants who have less than approximately 18 unexcused absences from school. Measured by the school year, and analyzed by JWB. A program-wide milestone will be entered into GEMS after JWB reports performance to the provider. Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 25 of 29 Attachment 3 Geographical Service Area Provider agrees whenever possible to maintain service sites which are accessible by public transportation and convenient to the target participant group. Provider will advise JWB of any changes made in service sites. The geographical service area for this agreement is as follows: Program Name Participants are eligible Countywide Participants are eligible who reside in the following geographical areas: (list all ZIP codes of the target area or describe the geographical area) Charting the Course for Youth Participants will primarily reside in high risk zone 2: 33755, and 33756. However, participants can also reside in the following zip codes: 33763, 33764, 33765, 33770, 33778, 34677, 34695 and 34698. Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 26 of 29 This page intentionally left blank Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 27 of 29 Attachment 4 FY21 Accounts Payable Schedule Pay# Submission Due Date Reimbursement Date 1 09/25/2020 10/02/2020 2 10/09/2020 10/16/2020 3 10/23/2020 10/30/2020 4 11/06/2020 11/13/2020 5 11/20/2020 11/27/2020 6 12/04/2020 12/11/2020 7 12/18/2020 12/25/2020 8 01/01/2021 01/08/2021 9 01/15/2021 01/22/2021 10 01/29/2021 02/05/2021 11 02/12/2021 02/19/2021 12 02/26/2021 03/05/2021 13 03/12/2021 03/19/2021 14 03/26/2021 04/02/2021 15 04/09/2021 04/16/2021 16 04/23/2021 04/30/2021 17 05/07/2021 05/14/2021 18 05/21/2021 05/28/2021 19 06/04/2021 06/11/2021 20 06/18/2021 06/25/2021 21 07/02/2021 07/09/2021 22 07/16/2021 07/23/2021 23 07/30/2021 08/06/2021 24 08/13/2021 08/20/2021 25 08/27/2021 09/03/2021 26 09/10/2021 09/17/2021 27 09/24/2021 9/30/2021 (September business) 28 10/08/2021 10/14/2021 (September business) 29 10/22/2021 10/28/2021 (September business) Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 28 of 29 Attachment 5 Document Submittal Chart This chart is intended as a guide. Submittals required in the General and Special Conditions of the Agreement supersede this guide. Provider Document Time Frame Submit To Program methodology update or certification that no updates are needed. Within thirty (30) calendar days of effective date of Agreement Agency Specific JWB Secure Portal Site Approved program methodology January 15, 2021 Agency Specific JWB Secure Portal Site COOP – WAIVED Within thirty (30) calendar days of effective date of Agreement Agency Specific JWB Secure Portal Site Salary Adjustment Approval If applicable, then prior to budget submission or subsequent amendment Agency Specific JWB Secure Portal Site Quarterly Program Statement of Financial Activities Within thirty (30) calendar days following the end of each quarter of JWB's fiscal year Agency Specific JWB Secure Portal Site Most Recent Audit Immediately upon receipt by the Provider's board or not to exceed 180 days of the close of the Provider's fiscal year Agency Specific JWB Secure Portal Site Fee Schedules Within thirty (30) calendar days of the effective date of this agreement and upon making changes to the fee schedule Agency Specific JWB Secure Portal Site Monitoring, Site Visit, Accreditation and Licensing Reports No more than thirty (30) calendar days following Provider receipt Agency Specific JWB Secure Portal Site Notification of Change in Participant and/or Finance Data Base Within ninety (90) calendar days in advance of any changes Email to JWB Chief Financial Officer User Access Notify the JWB Program Consultant and complete the designated form immediately upon involuntary termination and within five (5) business days upon voluntary separation or whenever a Provider staff person's access must be inactivated due to the reasons outlined in JWB's Data Quality Manual JWB Program Consultants Board Member List - WAIVED Within thirty (30) calendar days of approval or a change of board composition Agency Specific JWB Secure Portal Site Policy and procedure regarding board review of Within thirty (30) calendar days of effective date of Agreement and upon revision and approval by the Provider's board Agency Specific JWB Secure Portal Site Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 29 of 29 Provider finances – WAIVED Board Training (Outline of topics, members in attendance and who provided training) – WAIVED Within twelve months of joining the Provider board, evidence of training new board members must be provided to JWB by September 17, 2021. Agency Specific JWB Secure Portal Site Subcontracts Within thirty (30) calendar days of the effective date of this Agreement and upon revision, amendment and execution thereafter. Agency Specific JWB Secure Portal Site Subcontract Assessment Within thirty (30) calendar days of the effective date of this Agreement and upon revision, amendment and execution thereafter. Agency Specific JWB Secure Portal Site Subcontract Monitoring Documentation No more than thirty (30) calendar days following completion of the monitoring activities. Agency Specific JWB Secure Portal Site Incident Reports Within one (1) business day of occurrence IRreviewteam@jwbpinellas.org Executive Director Affidavit (Providers using VECHS) – Not Applicable Within thirty (30) calendar days of the effective date of this Agreement and upon change of staff in this position Agency Specific JWB Secure Portal Site Procedure for General Condition #18 - Provider Staff Background Checks (Providers using VECHS) – Not Applicable Within thirty (30) calendar days of the effective date of this Agreement Agency Specific JWB Secure Portal Site Drug-Free Workplace policy Within thirty (30) calendar days of effective date of Agreement and upon revision and approval by the Provider's board Agency Specific JWB Secure Portal Site Insurance Documentation- WAIVED – Unless services are subcontracted Throughout the period of the Agreement and with renewal or replacement at least fifteen (15) calendar days prior to the expiration or termination of such insurance. Agency Specific JWB Secure Portal Site Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8212 Agenda Date: 9/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Approve a revised Standard Agreement Form to be used with the various Youth Co-Sponsor Groups and the City of Clearwater and authorize the appropriate officials to execute same. (consent) SUMMARY: On September 5, 2019, Council approved a revised Youth Co-Sponsor Agreement template. Staff worked with the youth co-sponsor groups and found it very difficult to fulfill the new Level II background screening requirement. The groups want to provide the safest environment for kids to enjoy youth sports, but the Level II requirements have become increasingly difficult for most of the organizations to meet. Staff is recommending that the current standard template agreement be revised from a State Level II screening requirement to an approved city equivalent criminal background check. An equivalent background check would be annually approved by the Risk Management Division and Parks and Recreation Director. All other items in the agreement remain the same and include areas such as ADA compliance, training opportunities, financial stewardship, insurance requirements, facility care, publicity, participation guidelines, scheduling needs, etc. Currently, there are 11 Youth Co-Sponsor Groups that have been recognized by the City and have agreements with the City. These youth groups provide programming for baseball, football, soccer, swimming, softball, track and field, and basketball. The City annually meets with each group and enters into a Sports and Program Youth Co-Sponsor Agreement. Since there are numerous Youth Co-Sponsor Group Agreements to negotiate and approve, staff is recommending that the Council continue to allow the City Manager or his designee to enter into these revised agreements. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 9/17/2020 1 | P a g e CITY OF CLEARWATER SPORTS AND PROGRAM CO-SPONSOR AGREEMENT THIS AGREEMENT, made and entered into this _____ day of _______________ , __________by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida, herein referred to as “City”, P.O. Box 4748, Clearwater, FL 33758 and the __________________________ herein after referred to as “Co-Sponsor Group” __________________________________________. (address) WITNESSETH: WHEREAS, the Co-Sponsor Group is an organized recreational group or program approved by the Parks and Recreation Director, which provides its own volunteer leadership and administration; and WHEREAS, the City recognizes the Co-Sponsor Group as providing a valuable service to the community, through their extensive use of volunteers and volunteer resources; and WHEREAS, the Co-Sponsor Group meets all of the criteria included in this Agreement, and WHEREAS, the Co-Sponsor Group desires to use various City-owned facilities for organized sports programs and or various other recreational related activities for the citizens of Clearwater; and WHEREAS, the City owns certain public properties and facilities that are available to be utilized by the Co-Sponsor Group for their programs; and WHEREAS, the Co-Sponsor Group may use the physical facilities owned and maintained by the City or leased to the City subject to the terms of this Agreement. NOW, THEREFORE, in consideration of the covenants herein contained and other good and valuable consideration, the City agrees to allow the Co -Sponsor Group to utilize City facilities as described in Exhibit “J” attached hereto, as may be amended from time to time, and is hereby made a part of this Agreement, under the following terms and conditions: 1. Recitals. The foregoing recitals are true and correct and are incorporated in and form a part of this Agreement. 2 | P a g e 2. The term of the Agreement will be for a period of one (1) year commencing __________ and ending __________. 3. The Co-Sponsor Group agrees to abide by and enforce all City ordinances as they relate to Parks & Recreation. The ordinances can be found at: https://library.municode.com/fl/clearwater/codes/code_of_ordinances 4. This Agreement may only be amended by written amendment to this Agreement, executed by both Parties. 5. This Agreement will remain in effect unless terminated by either party as follows: a. Upon breach of this Agreement by a party, the other party will give written notice of termination of this Agreement specifying the claimed breach and the action required to cure the breach. If the breaching party fails to cure the breach within five days from receipt of said notice, then the contract will terminate ten days from receipt of the written notice. b. Either party may terminate this Agreement without cause by giving written notice to the other party that the Agreement will terminate 30 days from the receipt of said notice by the terminating party. 6. Subject to available funding, the City will provide and maintain facilities for the Co - Sponsor Group for their approved program and activity. The City of Clearwater Parks and Recreation Department is dedicated to improving the overall quality of sports and athletics in the City and reserves the right to close any field, at any time, for any reason, in its sole discretion, including but not limited to, for maintenance purposes or poor field conditions. 7. Any unpermitted use of a facility or field may result in fees, and or immediate termination of present and/or future field use. Individual teams or participants using closed facilities will be considered representatives of the Co-Sponsor Group in which they participate. 8. The Co-Sponsor Group agrees to provide recreational programs and activities to primarily benefit the residents of Clearwater. The City will actively promote the Co- Sponsor Group programs and activities utilizing City resources i.e. my Clearwater Magazine, C-View, etc. Promotional materials must be approved by city liaison before distribution (i.e. camps, clinics, tournaments, etc.). Any promotional materials using the City of Clearwater logo must receive written approval prior to distribution. 3 | P a g e 9. The City of Clearwater complies with the Americans with Disabilities Act of 1990, Public Law 101-336, July 26, 1990 (42 USCA § 12101) (“ADA”), which prohibits discrimination on the basis of disability. The ADA, as applied to cities, counties, and other local governmental entities, requires that no qualified individual with a disability shall, on the basis of a disability, be denied the benefits of local government services, programs, or activities. The Co-Sponsor Group acknowledges the importance of complying with the ADA and agrees to educate itself and its members of all requirements of the ADA and will abide by same. 10. The Co-Sponsor Group shall not discriminate on the basis of race, creed, color, age, national origin, religion, sex, disability or any other protected class in accordance with current state or federal laws. The City reserves the right to terminate this Agreement. immediately upon breach of this covenant. 11. The Co-Sponsor Group shall maintain legal status as a state or federal Internal Revenue Service approved 501(c)(3) organization. Such status shall be maintained during the term of this Agreement and proof of this status shall be submitted to the City annually. If 501(c) (3) status is rescinded, suspended, cancelled, or otherwise changed, the Organization shall notify the City within thirty (30) days. Failure by the Organization to maintain such status shall be cause for immediate termination. 12. The Co-Sponsor Group agrees to provide competent leadership for the program. The Board of Directors, as established by the organization’s by-laws, will include at minimum, one (1) City of Clearwater resident. The Board of Directors will conduct the program in the best interest of the City of Clearwater. 13. The Co-Sponsor Group agrees to provide recreational programs and activities to primarily benefit the residents of Clearwater. The Co-Sponsor Group agrees to promote their program to the citizens of Clearwater and that a minimum of 50% of their participants will be residents of the City of Clearwater. If the 50% target is not being satisfied, the Co-Sponsor Group may submit a plan to achieve this goal or an alternative that must be approved by the City. Failure to maintain fifty percent (50%) resident participation may be cause for termination with thirty (30) days’ notice, if a viable plan to increase resident participation is not approved by the City. 14. The Co-Sponsor Group agrees to submit the following as specified, and if appropriate as outlined in corresponding Exhibits. Failure to comply with this procedure may result in future co-sponsorship agreement denial, fees, immediate termination of present and/or future field use, or termination of current co- sponsor agreement. 4 | P a g e a. The Co-Sponsor Group will provide the following information each year as outlined in Exhibit A. • Specific range of dates for their primary season and registration dates. • Request the facilities and/or fields for their primary season • Request any special event dates such as tournaments, clinics, camps, fundraisers, etc. Charges will be determined per the agreement. b. Current roster as defined in Exhibit J. Due Date: __________ or as defined in Exhibit J. • Rosters must include the following: o Name of participant o Participant’s home address o Participant’s date of birth o Parent/Guardian Name o School Attending c. Payment for participants who do not have valid participant cards. Due Date: __________ or as defined in Exhibit J. • Each participant is expected to possess a current City of Clearwater Recreation Card. The card must be valid for at least 50% of the Co-Sponsor Group’s season as outlined in Exhibit J. A fee will be accessed to the organization for each member determined not to have a current City of Clearwater Recreation Card, regardless of whether the individual is a City of Clearwater resident or non -resident. o Current fees are as follows: ▪ $128.40 for recreational ▪ $192.60 for competitive ▪ Or as outlined in Exhibit J. 5 | P a g e ▪ If a player does not have or purchase a Recreation Card, the fee charged to the organization will include tax. The organization is acting as a conduit for the individual and as such is responsible for the tax portion of the Recreation Card purchase. ▪ Roster payments must be accompanied with a Participant Card Application for each person without a valid Recreation Card. See Exhibit K. ▪ This fee is subject to change as defined in Clearwater Code of Ordinances, Appendix A - Schedule of Fees, Rates, and Changes; XI Parks, Beaches, Recreation - Use of Facilities by nonresidents (ch 22). ▪ It is recommended that the Co-Sponsor Group retain a copy of the participant’s recreation card or a copy of the recreation card receipt. d. An accurate facility and/or field schedule for approved season, depicting actual use. See Exhibit J. e. A complete list of current Board of Directors: Due date: __________ f. A list of all coaches and their certifications and proof of required Level II or City approved equivalent background checks. See Exhibit C & J. g. Copy of by-laws: Due date: __________ h. Verification of non -profit status: Due date: __________ i. A copy of Insurance Certificate naming the City of Clearwater and the Pinellas County School Board as additionally insured, and waiver, if applicable. See Section 16 for coverage requirements: Due date: __________ See Exhibit H for Insurance Exemption Form j. DR-14 (tax exemption form), if applicable: k. Annual financial statement: Due date: __________ See Exhibit I for template of minimal requirements. l. Annual Co-Sponsor Group Summary Report: • Submitted at the end of the approved season. • See Exhibit G for template and due date. 6 | P a g e m. Submit nomination for Excellence in Youth Sportsmanship Award: Due date: n. Copy of concessions manager certification, if applicable: Due date: o. Emergency Action Plan for each facility used during season: Due date: __________ See Exhibit F for Emergency Action Plan template. 15. The Co-Sponsor Group agrees that it will indemnify and hold harmless the City, its officers and employees from liabilities, demands, damages, losses, and costs to the extent caused by the negligence, reckless, or intentionally wrongful conduct of Co- Sponsor Group, staff, volunteers or agents, or on account of any unsafe condition that may exist as a result of the negligent operation by Co- Sponsor Group, staff, volunteers or agents of the facilities. 16. The Co-Sponsor Group further agrees to carry at its own cost and expense, acquire and maintain during the term with the City, sufficient insurance to adequately protect the respective interest of the parities. Specifically, the Co- Sponsor Group must carry the following minimum types and amounts of insurance on an occurrence basis, or in the case of coverage that cannot be obtain ed 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 the Agreement. These insurance requirements shall not limit the liability of the Co-Sponsor Group. The City does not represent that these types or amounts of insurance to be sufficient or adequate to protect the Co -Sponsor Group’s interests or liabilities, but are merely minimums: a. Comprehensive General Liability insurance on an "occurrence" basis including but not limited to bodily injury, personal injury, and property damage with limits not less than $1,000,000 per occurrence, $2,000,000 aggregate. b. Automobile Liability insurance for any motor vehicle owned by, hired by, used by, or used on behalf of the Co-Sponsor Group, providing Bodily Injury Liability and Property Damage Liability covering any injury or damage with limits no less than $1,000,000 per occurrence, $2,000,000 aggregate. If the Co-Sponsor Group does not own any motor vehicles or use City Property as the origin for group travel, this insurance is not required. c. The City recommends but does not require the following coverages to protect the Co-Sponsor Group. The City is not liable and shall be 7 | P a g e indemnified against any claims arising from any claims made against the recommended coverages provided below. i. Property Insurance ii. Crime and Employee Dishonesty Coverage iii. Sexual Abuse & Molestation Coverage iv. Workers Compensation Coverage v. Employers Liability Insurance ADDITIONAL INSURED: The City is to be specifically included as an additional insured on all liability coverage described above except for the Workers’ Compensation coverage. OTHER INSURANCE PROVISIONS: The General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions: 1. PRIMARY INSURANCE COVERAGE: For any claims related to this Agreement, the Co-Sponsor Group’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Co- Sponsor Group’s insurance and shall not contribute to it. 2. RIGHT OF RECOVERY: Except for Workers’ Compensation, the Co- Sponsor Group waives its right of recovery against the City, to the extent permitted by its insurance policies. CERTIFICATE OF INSURANCE/CERTIFIED COPIES OF POLICIES: The Co- Sponsor Group will provide the City with a Certificate or Certificates of Insurance showing the existence of coverage as required by the Agreement. In addition, the Co -Sponsor Group will provide to the City, if asked in writing, certified copies of all policies of insurance. The Co-Sponsor Group will maintain the required coverage with a current Certificate or Certificates of Insurance throughout the term of the Agreement with the City. New certificates and new certified copies of policies shall be provided to the City whenever any policy is renewed, revised, or obtained from other insurers. The address where such certificates and certified policies shall be sent or delivered is as follows: 8 | P a g e City of Clearwater Attention: Athletics Office 1160 Seminole Street Clearwater, FL 33755 And City of Clearwater Attention: Risk Manager 100 S. Myrtle Ave. Clearwater, FL 33756 17. The Co-Sponsor Group will maintain a positive relationship with the City and Parks and Recreation Department by: a. Obtaining prior approval for any activities. b. Obtaining prior approval for any field or facility improvements. c. Providing all requested information and paying all fees on time. d. Informing Parks and Recreation staff of field problems or schedule change requests in a timely manner. e. Enforcing and abiding by all applicable laws, rules, policies and procedures. f. The Co-Sponsor Group President will be the liaison with the City unless the President appoints another representative. g. The City and the Co-Sponsor Group will make a good faith effort to reply to all communications (phone, e-mail, etc.) within two (2) business days. 18. The Co-Sponsor Group will act as a good caretaker and custodian of all City of Clearwater property by avoiding any activity that may damage the facilities, by cleaning up trash after each use, by enforcing the “no smoking” policy, by utilizing lights only when needed and turning them off after use. 19. The Co-Sponsor Group will assume all responsibility to monitor storm conditions and evacuate playing fields of participants and spectators when the threat of lightning or dangerous conditions approaches. Co-Sponsor Group will cancel 9 | P a g e games when field or playing conditions could cause harm or damage to participants or to the facilities i.e. flooded fields. 20. The Co-Sponsor Group will validate the quality of adult leadership by conducting and authorizing annual Level II or City approved equivalent criminal background checks, on all persons acting as a coach, and any person acting in an official capacity with any organization directly overseeing the Co-Sponsor Group’s youth activities. These checks shall be conducted and completed prior to the beginning of each playing season or involvement with children and shall remain valid for the duration of this agreement. The Co-Sponsor Group shall employ a reputable company to conduct such checks. A statement confirming the completion of the background checks is due to the Athletics Office prior to the first day of utilization of any City facility hereunder. Co-Sponsor Group is responsible to notify the City of any persons acting in an official capacity with the organization added during the season or after initial form was provided. Said individuals shall undergo the criminal background check and a notarized form must be provided for each individual added. The Co-Sponsor Group shall also adopt and publish a criminal background check policy to be used for determining an individual’s eligibility to coach. Should an individual be disqualified as a result of the check, the Co -Sponsor Group will prohibit that individual from serving in any official capacity with the Co-Sponsor Group’s activities, disqualify that individual from providing any services or participating in any activities contemplated under this Agreement, and notify the City of said applicant disqualification. The Co-Sponsor Group shall establish a policy as to how its criminal background checks will be processed and will pay for the cost of each background check. Exhibit “C” – Criminal Background Investigation Policy is shown as a base required for the Co-Sponsor Group. The Co-Sponsor Group shall furnish to the City a listing of the persons that have successfully undergone a Level II or City approved equivalent criminal background check prior to the beginning of any individual’s involvement with any youth related activities. A Co-Sponsor Group Board member and Notary Public shall sign this listing for final verification of the actions taken by the Co-Sponsor Group. 21. Volunteers under the age of 18 must be approved by the Co -Sponsored Group in advance. A written list of all qualified volunteers under the age of 18 must be submitted to the City prior to use of volunteer. 10 | P a g e a. Minors may access the facility but only in the presence of an approved coach. b. Minors cannot supervise other minor participants of the program. 22. The Co-Sponsor Group will recognize and support City public/private partnerships. The Co-Sponsor Group will be given ample notice of such partnerships and their responsibility if any. 23. The Co-Sponsor Group must receive prior written approval from Parks and Recreation to make any alterations, changes or additions to the existing facilities. The Co- Sponsor Group is responsible for submitting a facility improvement request form for review/approval. 24. The Co-Sponsor Group is not permitted to operate a concession stand when an outstanding City agreement is in place. The Co-Sponsor Group will not engage in private third-party operations of the concession stand. In the absence of an outstanding City agreement, the Co-Sponsor Group is permitted to operate a concession stand. The Co-Sponsor Group will also be responsible to maintain the concession stands to the standards established by the State of Florida Department of Health and the City of Clearwater as outlined in Exhibit B. Any Co-Sponsor Group that operates a concession stand will be required to have their concession manager become a Certified Professional Food Manager. As regulated by the Florida Department of Health, food service operations must provide annual training for employees. It is the responsibility of the certified manager or person in charge to train or ensure the training of all employees under their supervision and control who engages in the storage, preparation, or serving of food, or cleaning of equipment, utensils, or food contact and non -food contact surfaces, and to do so in accordance with acceptable sanitary practices. The trainings must be annual and provided to employees by March 31 of each year. Employees hired after the annual training has been provided for that calendar year must receive training within 30 days of being hired. The certified manager or person in charge must also maintain a copy of the establishment’s most recent regular food service inspection form provided by the department. Employees shall present this inspection form to guests or patrons for their review upon request. 25. Facilities constructed by the Co-Sponsor Group i.e. press boxes, concession stand, batting tunnels etc., will be maintained by the Co-Sponsor Group. Failure to maintain these facilities in a manner acceptable to the City shall be a material 11 | P a g e breach of this Agreement and may result in the termination for cause of this Agreement. 26. Schedules submitted by the Co-Sponsor Group must accurately depict field/facility use and any changes must be approved before they are implemented. The City reserves the right to revise or revoke schedules of facilities based on inappropriate use or non -use by the Co-Sponsor Group. The City also has the sole right to assign fields or facilities to others if use by the Co- Sponsor Group is not substantiated. 27. The Co-Sponsored Group will be responsible for all tournament fees for any tournament. Any other events including fundraising events or activities will be charged per the Athletics Office fee schedule. The Co-Sponsored Group will be responsible for all facility fees for any non -sponsored seasons. Th e Co- Sponsored Group will be responsible for all facility fees for any camps/clinics when registration fees are required to participate. The Co-Sponsored Group will be responsible for direct City costs for any camps/clinics open to the public and free to participate. 28. Any revenue collected by the Co-Sponsor Group on City property must be used to promote and support the Co-Sponsor Group’s activities. Use of funds for other purposes could result in termination of this Agreement. 29. The Co-Sponsored Group agrees that all staff, coaches, volunteers and agents of the Co-Sponsored Group shall conduct themselves as good role models exemplifying good sportsmanship, cooperation and appropriate behavior. The City reserves the right to require removal of any person associated with the Co- Sponsored Group if he/she is deemed to be exhibiting behavior detrimental to overall success of the organization or City. 30. The Co-Sponsor Group and all its invitees will abide by all applicable law s and all City policies when using City facilities, including those policies which state that the consumption of tobacco products or alcoholic beverages on City or School property is prohibited. 31. The Co-Sponsor Group further agrees to make no unlawful, improper, or offensive use of the facilities. 32. If either party terminates the Agreement, any improvements made to the property by the Co-Sponsor Group will remain the property of the City. 33. The Co-Sponsor Group may not assign this Agreement or any of its rights hereunder, nor permit others to use the facilities or any part thereof without the written consent of the City. The Co-Sponsor Group shall not permit any third- 12 | P a g e party usage. This Agreement is a privilege for the benefit of the Co-Sponsor Group only and may not be assigned in whole or in part by the Co-Sponsor Group to any other person or entity. Any attempt to assign the rights or obligations of this Agreement shall render this Agreement null and void in total. The Co-Sponsor Group understands that the Co- Sponsor Group’s use of the facilities is nonexclusive. 34. Use of facilities by the Co-Sponsor Group is intended solely for the purpose of training and competition for the Co-Sponsor Group’s rostered participants. Any personal use by volunteers is prohibited 35. Any vendor sales (merchandise or concessions) must be approved in writing by the City of Clearwater Athletics Office prior to the event. 36. Co-Sponsor Groups are responsible for informing their members of current guidelines and rules as outlined in this Agreement. Organizations are expected to take reasonable measures to ensure compliance during their events. Violations may result in the suspension or cancellation of this Agreement. 37. Any questions arising out of the use of the facilities or otherwise arising under this Agreement must be submitted in writing. 38. Special conditions or other issues (i.e. maintenance issues, payment of fees, special needs) will be covered in Exhibit(s) and attached hereto and made a part hereof. 13 | P a g e IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written. Witnesses: CITY OF CLEARWATER, FLORIDA _____________________________ By: ______________________________ As to City Manager or Designee City Manager or Designee _____________________________ By: _________________________________ As to Co-Sponsor Group President Co-Sponsor Group President Designee/City Liaison or Designee 14 | P a g e EXHIBIT A City of Clearwater Co-Sponsor Group Primary Season Use Request DUE DAT E: Co-Sponsor Group: Specific Range of Dates for Primary Season: Requested Facility/Field Primary Season: Requested Special Event Dates (Tournaments, Clinics, Camps, Etc.). Charges will be determined per agreement. E-mail: Phone #: Submitted By: Date: 15 | P a g e EXHIBIT B City of Clearwater Concession Stand & Office Building Policies & Procedures City of Clearwater Parks and Recreation Department permits various organizations, groups, and agencies to use the concession/storage/office building on property owned by the City of Clearwater. Permission to use City of Clearwater property and/or facilities shall be based on the following conditions: A. The use of the property and/or facilities shall be on a seasonal basis rather than a permanent one. For example, a baseball organization may be permitted to use the facilities and/or property during the baseball/softball season and a soccer organization may be permitted to use the facilities during the soccer season. B. All groups who use the concession will be responsible to maintain the concession stands to the standards established by the State of Florida Department of Health. Any Co-Sponsored Group that operates a concession stand will be required to have their concession manager become a Certified Professional Food Manager. Concession cooking and sales are only permitted with a valid license from the Department of Health. With prior written approval from the Athletics Office, concession stands without a valid license from the Department of Health can only sell prepackaged foods that do not require preparation (chips, pretzels, etc.). Bringing foods to sell from home or grilling on site is not permitted. C. The City will retain the rights to program any facility and associated amenities (concession, press box, conference rooms, storage rooms, etc.) it deems appropriate at any time during the year. All due diligence will be taken to minimize the impact on a Co- Sponsor Group during their season. The City of Clearwater reserves the right to open and staff the concession stand for any City sponsored event, regardless of the time of year of the event. The City will make every effort to work with the organization if the event is held during the organization’s “traditional” season. D. The City of Clearwater shall have the right to enter and remain upon its property for the purpose of examining and inspecting the space and determining whether the Co- Sponsor Group is in compliance with Department policies with respect to care and maintenance. Access to the concession stand and/or office building (pin numbers and/or keys) will be issued on an as needed basis through the City of Clearwater Parks & Recreation Department. The Co- Sponsor Group is prohibited from making copies of said issued keys. The organization may not change out any locks on any of the buildings. Any request 16 | P a g e for a changing of the locks must be submitted to the Athletics Office in writing. Additionally, no improvements (painting, signs, etc.) can be made at any building without prior written approval by the Parks and Recreation Athletics Office. Any unauthorized hanging of signs will result in their removal and the organization will be billed for the labor and any resulting damage. The Co-Sponsor Group shall provide keys/access to any shed or equipment stored at or on city property. E. The Co-Sponsor Group may be required by the City of Clearwater Parks & Recreation Department to remove all stored materials following the completion of the season so another user group may use the area. The user is responsible for keeping the storage area in good condition and must meet all OSHA or applicable regulations for storing materials. Violations of these rules may result in the user losing the use of the storage area. F. The Co-Sponsor Group is required to maintain the cleanliness of the office and common conference room area and any storage room assigned to the organization. All records relating to the organization (registration forms, medical releases, etc.) shall be kept in a secure office or secure cabinet, not the general conference room. The common room must be cleared of all organizational paperwork, equipment, etc. at the end of the season. Rooms designated to Co- Sponsor Group during approved season : Room/Space Duration of use The undersigned acknowledges receipt of this document. Contact/Representative: Date: 17 | P a g e EXHIBIT C.1 Criminal Background Investigation Policy For Adult Volunteer Coaches in Youth Sports The City of Clearwater, Florida has a desire to protect the safety and welfare of its youth during their participation in all sports or athletic activities that are Co -Sponsored by the City. Recognizing the nation -wide incidence of crimes against children requires pro- active steps to provide protection to children participating in organizations involving sports and athletic competition. The City requires that all coaches (must be at least 18 years or older) that utilize the City athletic facilities, or the facilities secured by the City, as a part of any City sponsored youth sports or athletic activities shall be required to submit themselves to undergo a Level II or City approved equivalent criminal background investigation prior to their participation. One such example of a City approved equivalent is a NCSI criminal background investigation. After initial compliance and every twelve (12) months thereafter, all volunteer coaches as stated above must undergo a criminal background investigation. Criminal background investigations must be performed prior to the volunteer being assigned any duties or responsibilities at any City sports or athletic facilities. The City may determine the time of year the investigations are to be conducted depending on the beginning of their practice season(s) or events. An individual convicted of any of the following criminal offenses shall be disqualified from participation as a volunteer in any City sponsored sports or athletic activities utilizing City sports or athletic facilities. Aggravated kidnapping Indecent exposure Injury to elderly or disabled. Aggravated robbery Aggravated sexual assault Intoxication offenses* Arson Kidnapping Assault* Marijuana possession* Any violation of the law intended to control the possession or distribution of any controlled substance or Illegal drug Murder Obscenity Prohibited sexual conduct Prostitution (including promotion of, aggravated promotion of, solicitation) Crimes against children Criminally negligent homicide Rape Deadly conduct Sexual abuse Delivery of marijuana Theft* DUI* Voluntary Manslaughter 18 | P a g e *NOTE: Assault / DUI / Intoxication offenses / Marijuana possession / Theft – Eligibility depends on the severity and length of time passed since the offense occurred. In misdemeanor convictions for these offenses, the disqualification will occur with a second misdemeanor conviction. Depending on the time frame of the DUI, driving while representing the organization is not recommended. This list of offenses is not intended to be all inclusive and in no way sets limits on the offenses that are deemed grounds for disqualifying an individual from affiliation with the Co-Sponsor Group. Decisions on all other crimes or offenses not otherwise described above will be made at the sole discretion of the Co-Sponsor Group or City, in accordance with the law. If a volunteer or other agent of the Co-Sponsor Group is determined eligible for affiliation and is later arrested or convicted of any of the above crimes, he/she is required to notify the Co-Sponsor Group immediately. He/she will be removed immediately from his/her volunteer position until the case has been finally adjudicated. Failure to notify the Co- Sponsor Group of any arrests or convictions from the list above will result in the volunteer being immediately removed from all Co-Sponsor Group volunteer duties for a minimum of twelve (12) months beginning on the date the failure to notify was discovered, or for such other time as required by law. In the event the Co-Sponsor Group is notified that a volunteer has been determined ineligible to volunteer for the organization, it is the responsibility of the organization to supply the Athletics Office with a revised volunteer list. INDEPENDENT SANCTIONING AUTHORITY COACHES, ASSISTANT COACHES, AND REFEREE BACKGROUND SCREENING The City requires that an “independent sanctioning authority”, defined therein as, “a private, non -governmental entity that organizes, operates, or coordinates a youth athletic team in this state if the team includes one or more minors and is not affiliated with a private school as defined in s. 1002.01” (Florida Statutes), conduct Level II (2) background screening pursuant to s. 435.04, F.S., or City approved equivalent, of each current and prospective athletic coach. Athletic Coach is defined for these purposes as 1) “a coach, assistant coach, or referee working for 20 or more hours within a calendar year, whether for compensation or as a volunteer, for a youth athletic team based in Florida; and 2) has direct contact with one or more minors on the youth athletic team.” This responsibility may not be delegated to an individual team. The independent sanctioning authority may not authorize any person to act as an athletic coach unless a Level II (2) or City approved equivalent screening is conducted which does not result in disqualification as provided for in s. 435, F.S. Level II (2) or City approved equivalent background screenings must be conducted annually for each coach. The background screening shall include a search of the athletic coach’s name, or other 19 | P a g e identifying information against state and federal registries of sexual predators and sexual offenders, which are available to the public on Internet sites provided by the Florida Department of Law Enforcement under s. 943.043, F.S. and the Attorney General of the United States under 42 U.S.C. s. 16020. An independent sanctioning authority shall disqualify any person from acting as an athletic coach as provided for in s. 435.04 or if he or she is identified on a registry as described above, must notify a disqualified person within seven (7) days of the background screening, advising of the results; and maintain for at least five (5) years, a copy of the results and written notice. 20 | P a g e EXHIBIT C.2 AFFIDAVIT OF CRIMINAL BACKGROUND SCREENING INDEPENDENT SANCTIONING AUTHORITY (“I.S.A.”) NAME: DATE: By signing this form, I am swearing or affirming that all individuals employed by, or volunteering as a Coach, Assistant Coach, or Referee within my organization (“I.S.A.”) providing services to City under this Agreement, or conducting activities on City property, have completed the background screening requirements set forth above and as required by law, and been deemed eligible by I.S.A. to provide services as a Coach, Assistant Coach or Referee under this Agreement. The information contained in this Affidavit is up to date as of the date this Affidavit is dated and furnished to the City of Clearwater Parks and Recreation Department per the requirements of Sections 14(f), 20, and 30 of th is Agreement. All individuals providing services under this Agreement are listed below. Each individual shall be identified by name, birth date and date deemed eligible. This affidavit must be provided to the City on the annual anniversary of the date above, for as long as this Agreement is effective. [Please attach addition al sheet(s) if needed]. (List of Individuals) Name Birth Date Date Deemed Eligible 21 | P a g e Signature of Affiant Sworn to and subscribed before me this day of , 20 . Notary Public My Commission Expires: My signature, as Notary Public, verifies the Affiant's identification has been validated by Personally known OR Produced Identification Type of Identification Produced 22 | P a g e EXHIBIT C.3 ATTESTATION OF COACHES’ CERTIFICATIONS By my signature, I attest that the coaches listed below have completed the following certifications/classes and are eligible to coach with the Organization. Name Certification Contact/Representative: ____________________________ Date: ______ 23 | P a g e EXHIBIT D PARKING RESTRICTIONS During the Co-Sponsor Groups season, the Co-Sponsor Group is responsible for assigning members of their organization to manage and control parking, and to keep fire lanes and access for emergency vehicles clear. The Co-Sponsor Groups will ensure that all vehicles only park in designated legal parking lots or stalls. Parking or driving on fields, medians, sidewalks, bike lanes, paths, or other unauthorized areas inside the park are strictly prohibited. The City ultimately retains the right to prohibit parking at any location. The Co-Sponsor Groups will control the parking at the facilities they occupy to conduct their programs. For example: a. Countryside Sports Complex: Parking is not permitted along the right-of-way on McMullen Booth Road. Additionally, vehicles may not park in the swale between the sidewalk and the right-of-way. Co-Sponsor Groups using this venue will help promote good neighbor cooperation with Chi Chi’s Golf Course by ensuring that Chi Chi’s parking is not encroached upon. b. David Martin Fields at Glen Oaks Park: Parking is not permitted along South Hillcrest Ave., South Turner St., or South Evergreen Ave. c. ECM 8 and 9 Fields: Parking is not permitted in the Eisenhower School parking lot during school hours. d. Frank Tack Fields: Parking is not permitted in the grass along Montclair Road. e. Joe DiMaggio Baseball Fields: The Co-Sponsor Group will ensure that vehicle traffic associated with their activities will not drive on the maintenance/emergency access road between the turf multi-purpose fields. Additionally, no vehicles are permitted to park next to the baseball fields. f. Sid Lickton Park: Parking is not permitted along the roadside of Saturn Ave. g. Vehicles/trailers are not permitted inside any of the facilities nor on any turf surface without prior written approval from the Athletics Office. h. Long Center: No field parking unless approved and responsible to reserve spaces for Long Center patrons as directed by staff. Failure of the Co-Sponsor Group to control the parking at any of these facilities during their activities will result in the Athletics Office reassigning the number of games, game start times, and/or the number of fields that can be in use at each facility to ensure compliance with the parking restrictions at each site. In addition, the City reserves the right to schedule staff at the Co-Sponsor Group’s expense to assist with mitigating any parking concerns. Non -compliance with the assigned game schedule will result in the loss of privileges at that facility. Contact/Representative: ___________________________________ Date: _________ 24 | P a g e EXHIBIT E CO-SPONSOR GROUP’S RESPONSIBILITIES The Co-Sponsor Group agrees that during the term of this Agreement, the Co-Sponsor Group will at no cost or expense to the City, provide the following maintenance and/or repair: a. Stripe each turf field as needed. b. Pick up all paper, cigarette remnants and debris and place in trash receptacles, including the breakdown of all boxes. c. The Co-Sponsor Group will enforce the City’s No Smoking Ordinance, No Pet’s Ordinance, and all other posted rules. d. The Co-Sponsor Group, any league, team, group, or person, using a City park under this section and failing to leave it clean of litter to the satisfaction of the City, will reimburse the City for city worker time used to clean the facility. e. Provide for any special needs or services such as security or traffic control devices or officers needed as a result of Co-Sponsor Group’s use of the Facility. f. Light cleaning of the restroom facilities on a daily basis when in use. g. The Co-Sponsor Group shall not store any items outside the storage room nor dispense of any trash outside the facility area other than in containers provided by the City. h. The Co-Sponsor Group will issue to the City three keys to any Co-Sponsor Group initiated lock used at any City facility as well as anytime the locks are changed. i. As noted earlier, while the Co-Sponsor Group’s use of the facility is nonexclusive, subleasing of the facility or assigning use of the facility by the Co - Sponsor Group is not permitted. Such activity by the Co-Sponsor Group could result in termination of this agreement. j. The press box, multi-purpose areas, office space, concession areas and storage rooms must be cleaned and organized on a nightly basis. The Co-Sponsor Group shall receive an invoice from the City, as applicable, if the Co- Sponsor Group does not follow through with these responsibilities. Failure to make such a payment will be grounds to bar the Co-Sponsor Group from use of the facility until the fee is paid or acceptable remedial action is taken. Contact/Representative: Date: ________ 25 | P a g e EXHIBIT F EMERGENCY ACTION PLAN EMERGENCY ACTION PLAN for ________________________________________ Facility Name: _____________________________________________________ Facility Address: ____________________________________________________ Facility Phone Number: ______________________________________________ Date Prepared: / / EMERGENCY PERSONEL NAMES AND NUMBERS Designated Emergency Contact Name: ____________________________ Phone: ________________ Back-up Emergency Contact: Name: ____________________________ Phone: _ ________________ EVACUATION ROUTES Site personnel should know at least two evacuation routes. Evacuation route plan. The following information is to be marked clearly on an evacuation plan that is readily accessible to the Emergency Contacts on -site. • Emergency exits • Primary and secondary evacuation routes • Locations of fire extinguishers • Fire alarm pull stations’ location • Assembly points EMERGENCY PHONE NUMBERS: 9-1-1 UTILITY COMPANY EMERGENCY PHONE NUMBERS Electric Company: Water Company: Gas Company: 26 | P a g e EMERGENCY REPORT ING AND EVACUAT ION PROCEDURES Types of emergencies to be reported to site personnel are: • Medical, Severe Weather, Fire • Other: Terrorist attack, bomb threat, hostage, etc. MEDICAL EMERGENCY Call medical emergency phone number: 9-1-1 Provide the following information: • Nature of medical emergency, • Location of the emergency (address, building, room number), and • Your name and phone number from which you are calling. Do not move victim unless absolutely necessary, The following personnel are trained in CPR and First Aid to provide the required assistance prior to the arrival of the professional medical help: 1._______________________________________________________________ 2._______________________________________________________________ 3._______________________________________________________________ Attempt first aid ONLY if trained and qualified. FIRE EMERGENCY When fire is discovered: • Activate the nearest fire alarm (if installed) • Notify the local Fire Department by dialing 9-1-1 • If a fire alarm is not available, dial 9-1-1 and notify everyone at the facility to evacuate to their closest exit. Fight the fire ONLY if: • The Fire Department has been notified. • The fire is small and is not spreading to other areas. • Escaping the area is possible by backing up to the nearest exit. • The fire extinguisher is in working condition and personnel are trained to use it. Upon being notified about the fire emergency, occupants must: • Leave the building using the designated escape routes. • Assemble in the designated area (specify location): 27 | P a g e • Remain outside until the competent authority (Designated Official or designee) announces that it is safe to reenter. Designated Emergency Contact should: • Coordinate an orderly evacuation of personnel. • Perform an accurate head count of personnel reported to the designated area. • Determine method to locate missing personnel. • Provide the Fire Department personnel with the necessary information about the incident. CHEMICAL SPILL: • Do not attempt to clean the spill unless trained to do so. • Call 9-1-1 and attend to any injured persons. • Evacuate building as necessary. The following are the locations of: Spill Containment and Security Equipment: Personal Protective Equipment (PPE): MSDS: When Chemical Spill has occurred: • Secure the area and alert other site personnel. • Call the Fire Department if site personnel are unavailable. SEVERE WEAT HER AND NAT URAL DISAST ERS Hurricane: • If Pinellas County is under a Hurricane Watch or Warning, all activities will be cancelled, and no one will be allowed to enter our facilities. Please instruct all parents, coaches, athletes to stay home and seek shelter. Lightning/Thunderstorm (www.lightningsafety.noaa.gov) • No place OUTSIDE is safe during a thunderstorm! A house, or other fully enclosed building with wiring and plumbing offers your best protection against lightning. A car with a metal roof and sides is your second-best protection against lightning. • The “30-30 Rule” offers easy to follow lightning safety guidance. When you see lightning, count the time until you hear thunder. If that time is 30 seconds or less, the thunderstorm is close enough to be dangerous. Seek shelter. If you can’t see the lightning, just hearing the thunder is a good back-up rule. • Wait at least 30 minutes after the lightning flash before leaving shelter. 28 | P a g e Tornado: • When a warning is issued by sirens or other means, seek inside shelter. • Consider the following: - Small interior rooms on the lowest floor and without windows, - Hallways on the lowest floor away from doors and windows, and - Rooms constructed with reinforced concrete, brick, or block with no windows. • Stay away from outside walls and windows. • Use arms to protect head and neck. • Remain sheltered until the tornado threat is announced to be over. 29 | P a g e EXHIBIT G CO-SPONSOR ORGANIZATION ANNUAL REPORT This documentation provides a breakdown of the organization. The document is an overview of the (year, season ) City of Clearwater Co-Sponsorship Agreement. This report is due . Organization Description: (Brief description of organization’s mission, history, and programs offered) Participation Numbers: (Number of participants per session and/or program; include participants info for each division/age bracket) Volunteer Numbers: (Number of volunteers and hours volunteered) Accomplishments/Highlights: (Awards, clinics, camps, championships) Requested Facility Improvements: (Add-ons or renovations which may benefit organization/other facility users) Contact/Representative: ___________________________ Date: ________ 30 | P a g e EXHIBIT H Certificate of Insurance Sample 31 | P a g e EXHIBIT I ANNUAL FINANCIAL STATEMENT ANNUAL FINANCIAL STATEMENT FISCAL YEAR ENDING NAME OF OGANIZATION REVENUE EXPENSES Amount Item Amount Item Registration Marketing CFY Grants Uniforms Clinics Awards Tournaments Dues Sponsorships Opening Day Concessions Concessions Fundraisers Benefits Donations Salaries Miscellaneous Miscellaneous $0.00 Total Revenue $0.00 Total Expenses $0.00 Total Expenses $0.00 Total Revenue $0.00 Profit/Loss Contact/Representative: __________________________________ Date: __________ 32 | P a g e EXHIBIT J – “Organization Name” Special Conditions • The organization’s president or authorized representative must attend the co - sponsor president’s meetings conducted by the Athletics Section. • Rosters o (Season): __________ ▪ Roster due: __________ • Roster Payments o (Season): __________ ▪ (type of activity) roster payment due: _________ • An accurate facility and/or field schedule, depicting actual use i.e. games, practices, meets, tournaments, and events. Blanket schedules will not be accepted as firm schedules. The following dates apply: o (Season) schedule due: __________ • A list of all coaches and their certifications and proof of required Level II or City approved equivalent background check. o (Season) coaches Level II or City approved equivalent due: __________ o (Season) coaches’ certifications due: __________ • Co-Sponsored Usage Dates: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ • Additional Considerations: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Contact/Representative: _______________________________ Date: ____________ 33 | P a g e EXHIBIT K Participant Card Application 34 | P a g e 1 CIT Y OF CLEARWAT ER SPORT S AND PROGRAM CO-SPONSOR AGREEMENT THIS AGREEMENT, made and entered into this day of , by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida, herein referred to as “City”, P.O. Box 4748, Clearwater, FL 33758 and the herein after referred to as “Co-Sponsor Group” . (address) WITNESSETH: WHEREAS, the Co-Sponsor Group is an organized recreational group or program approved by the Parks and Recreation Director, which provides its own volunteer leadership and administration; and WHEREAS, the City recognizes the Co-Sponsor Group as providing a valuable service to the community, through their extensive use of volunteers and volunteer resources; and WHEREAS, the Co-Sponsor Group meets all of the criteria included in this Agreement, and WHEREAS, the Co-Sponsor Group desires to use various City-owned facilities for organized sports programs and or various other recreational related activities for the citizens of Clearwater; and WHEREAS, the City owns certain public properties and facilities that are available to be utilized by the Co-Sponsor Group for their programs; and WHEREAS, the Co-Sponsor Group may use the physical facilities owned and maintained by the City or leased to the City subject to the terms of this Agreement. NOW, THEREFORE, in consideration of the covenants herein contained and other good and valuable consideration, the City agrees to allow the Co -Sponsor Group to utilize City facilities as described in Exhibit “J” attached hereto, as may be amended from time to time, and is hereby made a part of this Agreement, under the following terms and conditions: 1. Recitals. The foregoing recitals are true and correct and are incorporated in and form a part of this Agreement. 2. The term of the Agreement will be for a period of one (1) year commencing and ending . 3. The Co-Sponsor Group agrees to abide by and enforce all City ordinances as they relate to Parks & Recreation. The ordinances can be found at 2 h ttp://library.mu n icode.com/in dex.aspx?clientId=10148&stateId=9&stateName=Flori da 4. This Agreement may only be amended by written amendment to this Agreement, executed by both Parties. 5. This Agreement will remain in effect unless terminated by either party as follows: a. Upon breach of this Agreement by a party, the other party will give written notice of termination of this Agreement specifying the claimed breach and the action required to cure the breach. If the breaching party fails to cure the breach within five days from receipt of said notice, then the contract will terminate ten days from receipt of the written notice. b. Either party may terminate this Agreement without cause by giving written notice to the other party that the Agreement will terminate 30 days from the receipt of said notice by the terminating party. 6. Subject to available funding, the City will provide and maintain facilities for the Co - Sponsor Group for their approved program and activity. The City of Clearwater Parks and Recreation Department is dedicated to improving the overall quality of sports and athletics in the City and reserves the right to close any field, at any time, for any reason, in its sole discretion, including but not limited to, for maintenance purposes or poor field conditions. 7. Any unpermitted use of a facility or field may result in fees, and or immediate termination of present and/or future field use. Individual teams or participants using closed facilities will be considered representatives of the Co-Sponsor Group in which they participate. 8. The Co-Sponsor Group agrees to provide recreational programs and activities to primarily benefit the residents of Clearwater. The City will actively promote the Co- Sponsor Group programs and activities utilizing City resources i.e. my Clearwater Magazine, C-View, etc. Promotional materials must be approved by city liaison before distribution (i.e. camps, clinics, tournaments, etc.). Any promotional materials using the City of Clearwater logo must receive written approval prior to distribution. 9. The City of Clearwater complies with the Americans with Disabilities Act of 1990, Public Law 101-336, July 26, 1990 (42 USCA § 12101) (“ADA”), which prohibits discrimination on the basis of disability. The ADA, as applied to cities, counties, and other local governmental entities, requires that no qualified individual with a disability shall, on the basis of a disability, be denied the benefits of local government services, programs, or activities. The Co-Sponsor Group acknowledges the importance of complying with the ADA and agrees to educate itself and its members of all requirements of the ADA and will abide by same. 10. The Co-Sponsor Group shall not discriminate on the basis of race, creed, color, age, national origin, religion, sex, disability or any other protected class in accordance with current state or federal laws. The City reserves the right to terminate this Agreement immediately upon breach of this covenant. 3 11. The Co-Sponsor Group shall maintain legal status as a state or federal Internal Revenue Service approved 501(c)(3) organization. Such status shall be maintained during the term of this Agreement and proof of this status shall be submitted to the City annually. If 501(c) (3) status is rescinded, suspended, cancelled, or otherwise changed, the Organization shall notify the City within thirty (30) days. Failure by the Organization to maintain such status shall be cause for immediate termination. 12. The Co-Sponsor Group agrees to provide competent leadership for the program. The Board of Directors, as established by the organization’s by-laws, will include at minimum, one (1) City of Clearwater resident. The Board of Directors will conduct the program in the best interest of the City of Clearwater. 13. The Co-Sponsor Group agrees to provide recreational programs and activities to primarily benefit the residents of Clearwater. The Co-Sponsor Group agrees to promote their program to the citizens of Clearwater and that a minimum of 50% of their participants will be residents of the City of Clearwater. If the 50% target is not being satisfied, the Co-Sponsor Group may submit a plan to achieve this goal or an alternative that must be approved by the City. Failure to maintain fifty percent (50%) resident participation may be cause for termination with thirty (30) days notice, if a viable plan to increase resident participation is not approved by the City. 14. The Co-Sponsor Group agrees to submit the following as specified, and if appropriate as outlined in corresponding Exhibits. Failure to comply with this procedure may result in future co-sponsorship agreement denial, fees, immediate termination of present and/or future field use, or termination of current co-sponsor agreement. a. The Co-Sponsor Group will provide the following information each year as outlined in Exhibit A. • Specific range of dates for their primary season and registration dates. • Request the facilities and/or fields for their primary season • Requestany special event dates such as tournaments, clinics, camps, fundraisers, etc. Charges will be determined per the agreement. b. Current roster as defined in Exhibit J. Due Date: or as defined in Exhibit J. • Rosters must include the following: o Name of participant o Participant’s home address o Participant’s date of birth o Parent/Guardian Name o School Attending c. Payment for participants who do not have valid participant cards. Due Date: or as defined in Exhibit J. • Each participant is expected to possess a current City of Clearwater Recreation Card. The card must be valid for at least 50% of the Co-Sponsor Group’s season as outlined in Exhibit J. A fee will be accessed to the organization for each member determined not to have a current City of Clearwater Recreation 4 Card, regardless of whether the individual is a City of Clearwater resident or non -resident. o Current fees are as follows: ▪ $128.40 for recreational ▪ $192.60 for competitive ▪ Or as outlined in Exhibit J. ▪ If a player does not have or purchase a Recreation Card, the fee charged to the organization will include tax. The organization is acting as a conduit for the individual and as such is responsible for the tax portion of the Recreation Card purchase. ▪ Roster payments must be accompanied with a Participant Card Application for each person without a valid Recreation Card. See Exhibit K. ▪ This fee is subject to change as defined in Clearwater Code of Ordinances, Appendix A - Schedule of Fees, Rates, and Changes; XI Parks, Beaches, Recreation - Use of Facilities by nonresidents (ch 22). ▪ It is recommended that the Co-Sponsor Group retain a copy of the participant’s recreation card or a copy of the recreation card receipt. d. An accurate facility and/or field schedule for approved season, depicting actual use. See Exh ibit J. e. A complete list of current Board of Directors: Due date: f. A list of all coaches and their certifications and proof of required Level II or City approved equivalent background checks. See Exhibit C & J. g. Copy of by-laws: Due date: h. Verification of non -profit status: Due date: i. A copy of Insurance Certificate naming the City of Clearwater and the Pinellas County School Board as additionally insured, and waiver, if applicable. See Section 16 for coverage requirements: Due date: See Exhibit H for Insurance Exemption Form j. DR-14 (tax exemption form), if applicable: k. Annual financial statement: Due date: See Exhibit I for template of minimal requirements. l. Annual Co-Sponsor Group Summary Report: • Submitted at the end of the approved season. • See Exhibit G for template and due date. m. Submit nomination for Excellence in Youth Sportsmanship Award: Due date: n. Copy of concessions manager certification, if applicable: Due date: o. Emergency Action Plan for each facility used during season: Due date: See Exhibit F for Emergency Action Plan template. 15. The Co-Sponsor Group agrees that it will indemnify and hold harmless the City, its officers and employees from liabilities, demands, damages, losses, and costs to the extent caused by the negligence, reckless, or intentionally wrongful conduct of Co- Sponsor Group, staff, volunteers or agents, or on account of any unsafe condition that may exist as a result of the negligent operation by Co-Sponsor Group, staff, volunteers or agents of the facilities. 5 16. The Co-Sponsor Group further agrees to carry at its own cost and expense, acquire and maintain during the term with the City, sufficient insurance to adequately protect the respective interest of the parities. Specifically, the Co-Sponsor Group must carry the following minimum types and amounts of insurance on an occurrence basis, or in the case of coverage that cannot be obtain ed 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 the Agreement. These insurance requirements shall not limit the liability of the Co-Sponsor Group. The City does not represent that these types or amounts of insurance to be sufficient or adequate to protect the Co -Sponsor Group’s interests or liabilities, but are merely minimums: a. Comprehensive General Liability insurance on an "occurrence" basis including but not limited to bodily injury, personal injury, and property damage with limits not less than $1,000,000 per occurrence, $2,000,000 aggregate. b. Automobile Liability insurance for any motor vehicle owned by, hired by, used by, or used on behalf of the Co-Sponsor Group, providing Bodily Injury Liability and Property Damage Liability covering any injury or damage with limits no less than $1,000,000 per occurrence, $2,000,000 aggregate. If the Co-Sponsor Group does not own any motor vehicles or use City Property as the origin for group travel , this insurance is not required. c. The City recommends but does not require the following coverages to protect the Co-Sponsor Group. The City is not liable and shall be indemnified against any claims arising from any claims made against the recommended coverages provided below. i. Property Insurance ii. Crime and Employee Dishonesty Coverage iii. Sexual Abuse & Molestation Coverage iv. Workers Compensation Coverage v. Employers Liability Insurance ADDIT IONAL INSURED: The City is to be specifically included as an additional insured on all liability coverage described above except for the Workers’ Compensation coverage. OT HER INSURANCE PROVISIONS: The General Liability and Automobile Liability policies are to contain , or be endorsed to contain, the following provisions: 1. PRIMARY INSURANCE COVERAGE: For any claims related to this Agreement, the Co-Sponsor Group’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Co-Sponsor Group’s insurance and shall not contribute to it. 2. RIGHT OF RECOVERY: Except for Workers’ Compensation, the Co-Sponsor Group waives its right of recovery against the City, to the extent permitted by its insurance policies. 8 CERT IFICAT E OF INSURANCE/CERTIFIED COPIES OF POLICIES: The Co-Sponsor Group will provide the City with a Certificate or Certificates of Insurance showing the existence of coverage as required by the Agreement. In addition, the Co -Sponsor Group will provide to the City, if asked in writing, certified copies of all policies of insurance. The Co-Sponsor Group will maintain the required coverage with a current Certificate or Certificates of Insurance throughout the term of the Agreement with the City. New certificates and new certified copies of policies shall be provided to the City whenever any policy is renewed, revised, or obtained from other insurers. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attention: Athletics Office 1160 Seminole Street Clearwater, FL 33755 And City of Clearwater Attention: Risk Manager 100 S. Myrtle Ave. Clearwater, FL 33756 17. The Co-Sponsor Group will maintain a positive relationship with the City and Parks and Recreation Department by: a. Obtaining prior approval for any activities. b. Obtaining prior approval for any field or facility improvements. c. Providing all requested information and paying all fees on time. d. Informing Parks and Recreation staff of field problems or schedule change requests in a timely manner. e. Enforcing and abiding by all applicable laws, rules, policies and procedures. f. The Co-Sponsor Group President will be the liaison with the City unless the President appoints another representative. g. The City and the Co-Sponsor Group will make a good faith effort to reply to all communications (phone, e-mail, etc.) within two (2) business days. 18. The Co-Sponsor Group will act as a good caretaker and custodian of all City of Clearwater property by avoiding any activity that may damage the facilities, by cleaning up trash after each use, by enforcing the “no smoking” policy, by utilizing lights only when needed and turning them off after use. 19. The Co-Sponsor Group will assume all responsibility to monitor storm conditions and evacuate playing fields of participants and spectators when the threat of lightning or dangerous conditions approaches. Co-Sponsor Group will cancel games when field or playing conditions could cause harm or damage to participants or to the facilities i.e. flooded fields. 20. The Co-Sponsor Group will validate the quality of adult leadership by conducting and authorizing annual Level II or City approved equivalent criminal background checks in accordance with the law, on all persons acting as a coach, and any person acting in an official capacity with any organization directly overseeing the Co-Sponsor Group’s 9 youth activities. These checks shall be conducted and completed prior to the beginning of each playing season or involvement with children and shall remain valid for the duration of this agreement. The Co-Sponsor Group shall employ a reputable company to conduct such checks. A statement confirming the completion of the background checks is due to the Athletics Office prior to the first day of utilization of any City facility hereunder. Co-Sponsor Group is responsible to notify the City of any persons acting in an official capacity with the organization added during the season or after initial form was provided. Said individuals shall undergo the criminal background check and a notarized form must be provided for each individual added. In accordance with the law, The Co-Sponsor Group shall also adopt and publish a criminal background check policy to be used for determining an individual’s eligibility to coach. Should an individual be disqualified as a result of the check, the Co -Sponsor Group will prohibit that individual from serving in any official capacity with the Co- Sponsor Group’s activities, disqualify that individual from providing any services or participating in any activities contemplated under this Agreement, and notify the City of said applicant disqualification. The Co-Sponsor Group shall establish a policy as to how its criminal background checks will be processed and will pay for the cost of each background check. Exhibit “C” – Criminal Background Investigation Policy is shown as a base required for the Co-Sponsor Group. The Co-Sponsor Group shall furnish to the City a listing of the persons that have successfully undergone a Level II or City approved equivalent criminal background check prior to the beginning of any individual’s involvement with any youth related activities. A Co-Sponsor Group Board member and Notary Public shall sign this listing for final verification of the actions taken by the Co-Sponsor Group. 21. Volunteers under the age of 18 must be approved by the Co -Sponsored Group in advance. A written list of all qualified volunteers under the age of 18 must be submitted to the City prior to use of volunteer. a. Minors may access the facility but only in the presence of an approved coach. b. Minors cannot supervise other minor participants of the program. 22. The Co-Sponsor Group will recognize and support City public/private partnerships. The Co-Sponsor Group will be given ample notice of such partnerships and their responsibility if any. 23. The Co-Sponsor Group must receive prior written approval from Parks and Recreation to make any alterations, changes or additions to the existing facilities. The Co- Sponsor Group is responsible for submitting a facility improvement request form for review/approval. 24. The Co-Sponsor Group is not permitted to operate a concession stand when an outstanding City agreement is in place. The Co-Sponsor Group will not engage in 1 0 private third-party operations of the concession stand. In the absence of an outstanding City agreement, the Co-Sponsor Group is permitted to operate a concession stand. The Co-Sponsor Group will also be responsible to maintain the concession stands to the standards established by the State of Florida Department of Health and the City of Clearwater as outlined in Exhibit B. Any Co-Sponsor Group that operates a concession stand will be required to have their concession manager become a Certified Professional Food Manager. As regulated by the Florida Department of Health , food service operations must provide annual training for employees. It is the responsibility of the certified manager or person in charge to train or ensure the training of all employees under their supervision and control who engages in the storage, preparation, or serving of food, or cleaning of equipment, utensils, or food contact and non -food contact surfaces, and to do so in accordance with acceptable sanitary practices. The trainings must be annual and provided to employees by March 31 of each year. Employees hired after the annual training has been provided for that calendar year must receive training within 30 days of being hired. The certified manager or person in charge must also maintain a copy of the establishment’s most recent regular food service inspection form provided by the department. Employees shall present this inspection form to guests or patrons for their review upon request. 25. Facilities constructed by the Co-Sponsor Group i.e. press boxes, concession stand, batting tunnels etc., will be maintained by the Co-Sponsor Group. Failure to maintain these facilities in a manner acceptable to the City shall be a material breach of this Agreement and may result in the termination for cause of this Agreement. 26. Schedules submitted by the Co-Sponsor Group must accurately depict field/facility use and any changes must be approved before they are implemented. The City reserves the right to revise or revoke schedules of facilities based on inappropriate use or non -use by the Co-Sponsor Group. The City also has the sole right to assign fields or facilities to others if use by the Co-Sponsor Group is not substantiated. 27. The Co-Sponsored Group will be responsible for all tournament fees for any tournament. Any other events including fundraising events or activities will be charged per the Athletics Office fee schedule. The Co-Sponsored Group will be responsible for all facility fees for any non -sponsored seasons. Th e Co-Sponsored Group will be responsible for all facility fees for any camps/clinics when registration fees are required to participate. The Co-Sponsored Group will be responsible for direct City costs for any camps/clinics open to the public and free to participate. 28. Any revenue collected by the Co-Sponsor Group on City property must be used to promote and support the Co-Sponsor Group’s activities. Use of funds for other purposes could result in termination of this Agreement. 29. The Co-Sponsored Group agrees that all staff, coaches, volunteers and agents of the Co-Sponsored Group shall conduct themselves as good role models exemplifying good sportsmanship, cooperation and appropriate behavior. The City reserves the right to require removal of any person associated with the Co-Sponsored Group if 10 he/she is deemed to be exhibiting behavior detrimental to overall success of the organization or City. 30. The Co-Sponsor Group and all its invitees will abide by all applicable law s and all City policies when using City facilities, including those policies which state that the consumption of tobacco products or alcoholic beverages on City or School property is prohibited. 31. The Co-Sponsor Group further agrees to make no unlawful, improper, or offensive use of the facilities. 32. If either party terminates the Agreement, any improvements made to the property by the Co-Sponsor Group will remain the property of the City. 33. The Co-Sponsor Group may not assign this Agreement or any of its rights hereunder, nor permit others to use the facilities or any part thereof without the written consent of the City. The Co-Sponsor Group shall not permit any third-party usage. This Agreement is a privilege for the benefit of the Co-Sponsor Group only and may not be assigned in whole or in part by the Co-Sponsor Group to any other person or entity. Any attempt to assign the rights or obligations of this Agreement shall render this Agreement null and void in total. The Co-Sponsor Group understands that the Co- Sponsor Group’s use of the facilities is nonexclusive. 34. Use of facilities by the Co-Sponsor Group is intended solely for the purpose of training and competition for the Co-Sponsor Group’s rostered participants. Any personal use by volunteers is prohibited. 35. Any vendor sales (merchandise or concessions) must be approved in writing by the City of Clearwater Athletics Office prior to the event. 36. Co-Sponsor Groups are responsible for informing their members of current guidelines and rules as outlined in this Agreement. Organizations are expected to take reasonable measures to ensure compliance during their events. Violations may result in the suspension or cancellation of this Agreement. 37. Any questions arising out of the use of the facilities or otherwise arising under this Agreement must be submitted in writing. 38. Special conditions or other issues (i.e. maintenance issues, payment of fees, special needs) will be covered in Exhibit(s) and attached hereto and made a part hereof. 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written. Witnesses: CITY OF CLEARWATER, FLORIDA By: As to City Manager or Designee City Manager or Designee By: As to Co-Sponsor Group President Co-Sponsor Group President or Designee/City Liaison Designee 11 EXHIBIT A City of Clearwater Co-Sponsor Group Primary Season Use Request DUE DAT E: Co-Sponsor Group: Specific Range of Dates for Primary Season: Requested Facility/Field Primary Season: Requested Special Event Dates (Tournaments, Clinics, Camps, Etc.). Charges will be determined per agreement. E-mail: Phone #: Submitted By: Date: 12 Exhibit B City of Clearwater Concession Stand & Office Building Policies & Procedures City of Clearwater Parks and Recreation Department permits various organizations, groups, and agencies to use the concession/storage/office building on property owned b y the City of Clearwater. Permission to use City of Clearwater property and/or facilities shall be based on the following conditions: A. The use of the property and/or facilities shall be on a seasonal basis rather than a permanent one. For example, a baseball organization may be permitted to use the facilities and/or property during the baseball/softball season and a soccer organization may be permitted to use the facilities during the soccer season. B. All groups who use the concession will be responsible to maintain the concession stands to the standards established by the State of Florida Department of Health. Any Co-Sponsored Group that operates a concession stand will be required to have their concession manager become a Certified Professional Food Manager. Concession cooking and sales are only permitted with a valid license from the Department of Health. With prior written approval from the Athletics Office, concession stands without a valid license from the Department of Health can only sell prepackaged foods that do not require preparation (chips, pretzels, etc.). Bringing foods to sell from home or grilling on site is not permitted. C. The City will retain the rights to program any facility and associated amenities (concession, press box, conference rooms, storage rooms, etc.) it deems appropriate at any time during the year. All due diligence will be taken to minimize th e impact on a Co- Sponsor Group during their season. The City of Clearwater reserves the right to open and staff the concession stand for any City sponsored event, regardless of the time of year of the event. The City will make every effort to work with the organization if the event is held during the organization’s “traditional” season. D. The City of Clearwater shall have the right to enter and remain upon its property for the purpose of examining and inspecting the space and determining whether the Co- Sponsor Group is in compliance with Department policies with respect to care and maintenance. Access to the concession stand and/or office building (pin numbers and/or keys) will be issued on an as needed basis through the City of Clearwater Parks & Recreation Department. The Co-Sponsor Group is prohibited from making copies of said issued keys. The organization may not change out any locks on any of the buildings. Any request for a changing of the locks must be submitted to the Athletics Office in writing. Additionally, no improvements (painting, signs, etc.) can be made at any building without prior written approval by the Parks and Recreation Athletics Office. Any unauthorized hanging of signs will result in their removal and the organization will be billed for the labor and any resulting damage. The Co-Sponsor Group shall provide keys/access to any shed or equipment stored at or on city property. E. The Co-Sponsor Group may be required by the City of Clearwater Parks & Recreation Department to remove all stored materials following the completion of the season so 13 another user group may use the area. The user is responsible for keeping the storage area in good condition and must meet all OSHA or applicable regulations for storing materials. Violations of these rules may result in the user losing the use of the storage area. F. The Co-Sponsor Group is required to maintain the cleanliness of the office and common conference room area and any storage room assigned to the organization. All records relating to the organization (registration forms, medical releases, etc.) shall be kept in a secure office or secure cabinet, not the general conference room. The common room must be cleared of all organizational paperwork, equipment, etc. at the end of the season. Rooms designated to Co-Sponsor Group during approved season : Room/Space Duration of use The undersigned acknowledges receipt of this document. Contact/Representative: Date: 15 EXHIBIT C.1 Criminal Background Investigation Policy For Adult Volunteer Coaches in Youth Sports The City of Clearwater, Florida has a desire to protect the safety and welfare of its youth during their participation in all sports or athletic activities that are Co -Sponsored by the City. Recognizing the nation -wide incidence of crimes against children requires pro- active steps to provide protection to children participating in organizations involving sports and athletic competition. The City requires that all coaches (must be at least 18 years or older) that utilize the City athletic facilities, or the facilities secured by the City, as a part of any City sponsored youth sports or athletic activities shall be required to submit themselves to undergo a Level II or City approved equivalent criminal background investigation prior to their participation. One such example of a City approved equivalent is a NCSI criminal background investigation. After initial compliance and every twelve (12) months thereafter, all volunteer coaches as stated above must undergo a criminal background investigation. Criminal background investigations must be performed prior to the volunteer being assigned any duties or responsibilities at any City sports or athletic facilities. The City may determine the time of year the investigations are to be conducted depending on the beginning of their practice season(s) or events. An individual convicted of any of the following criminal offenses shall be disqualified from participation as a volunteer in any City sponsored sports or athletic activities utilizing City sports or athletic facilities. Aggravated kidnapping Indecent exposure Injury to elderly or disabled. Aggravated robbery Aggravated sexual assault Intoxication offenses* Arson Kidnapping Assault* Marijuana possession* Any violation of the law intended to control the possession or distribution of any controlled substance or Illegal drug Murder Obscenity Prohibited sexual conduct Prostitution (including promotion of, aggravated promotion of, solicitation) Crimes against children Criminally negligent homicide Rape Deadly conduct Sexual abuse Delivery of marijuana Theft* DUI* Voluntary Manslaughter *NOTE: Assault / DUI / Intoxication offenses / Marijuana possession / Theft – Eligibility depends on the severity and length of time passed since the offense occurred. In misdemeanor convictions for these offenses, the disqualification will occur with a second misdemeanor conviction. Depending on the time frame of the DUI, driving while 16 representing the organization is not recommended. This list of offenses is not intended to be all -inclusive and in no way sets limits on the offenses that are deemed grounds for disqualifying an individual from affiliation with the Co-Sponsor Group. Decisions on all other crimes or offenses not otherwise described above will be made at the sole discretion of the Co-Sponsor Group or City, in accordance with the law. If a volunteer or other agent of the Co-Sponsor Group is determined eligible for affiliation and is later arrested or convicted of any of the above crimes, he/she is required to notify the Co-Sponsor Group immediately. He/she will be removed immediately from his/her volunteer position until the case has been finally adjudicated. Failure to notify the Co- Sponsor Group of any arrests or convictions from the list above will result in the volunteer being immediately removed from all Co-Sponsor Group volunteer duties for a minimum of twelve (12) months beginning on the date the failure to notify was discovered, or for such other time as required by law. In the event the Co-Sponsor Group is notified that a volunteer has been determined ineligible to volunteer for the organization, it is the responsibility of the organization to supply the Athletics Office with a revised volunteer list. INDEPENDENT SANCTIONING AUTHORITY COACHES, ASSISTANT COACHES, AND REFEREE BACKGROUND SCREENING Florida Statute 943.0438 The City requires that an “independent sanctioning authority”, defined therein as, “a private, non -governmental entity that organizes, operates, or coordinates a youth athletic team in this state if the team includes one or more minors and is not affiliated with a private school as defined in s. 1002.01” (Florida Statutes), conduct Level II (2) background screening pursuant to s. 435.04, F.S., or City approved equivalent, of each current and prospective athletic coach. Athletic Coach is defined for these purposes as 1) “a coach, assistant coach, or referee working for 20 or more hours within a calendar year, whether for compensation or as a volunteer, for a youth athletic team based in Florida; and 2) has direct contact with one or more minors on the youth athletic team.” This responsibility may not be delegated to an individual team. The independent sanctioning authority may not authorize any person to act as an athletic coach unless a Level II (2) or City approved equivalent screening is conducted which does not result in disqualification as provided for in s. 435, F.S. Level II (2) or City approved equivalent background screenings must be conducted annually for each coach. The background screening shall include a search of the athletic coach’s name, or other identifying information against state and federal registries of sexual predators and sexual offenders, which are available to the public on Internet sites provided by the Florida Department of Law Enforcement under s. 943.043, F.S. and the Attorney General of the United States under 42 U.S.C. s. 16020. An independent sanctioning authority shall disqualify any person from acting as an athletic coach as provided for in s. 435.04 or if he or she is identified on a registry as described above, must notify a disqualified person within seven (7) days of the 17 background screening, advising of the results; and maintain for at least five (5) years, a copy of the results and written notice. 18 Exhibit C.2 AFFIDAVIT OF CRIMINAL BACKGROUND SCREENING INDEPENDENT SANCTIONING AUTHORITY (“I.S.A.”) NAME: DATE: By signing this form, I am swearing or affirming that all individuals employed by, or volunteering as a Coach, Assistant Coach, or Referee within my organization (“I.S.A.”) providing services to City under this Agreement, or conducting activities on City property, have completed the background screening requirements set forth above and as required by law, and been deemed eligible by I.S.A. to provide services as a Coach, Assistant Coach or Referee under this Agreement. The information contained in this Affidavit is up to date as of the date this Affidavit is dated and furnished to the City of Clearwater Parks and Recreation Department per the requirements of Sections 14(f), 20, and 30 of th is Agreement. All individuals providing services under this Agreement are listed below. Each individual shall be identified by name, birth date and date deemed eligible. This affidavit must be provided to the City on the annual anniversary of the date above, for as long as this Agreement is effective. [Please attach addition al sheet(s) if needed]. (List of Individuals) Name Birth Date Date Deemed Eligible 19 Signature of Affiant Sworn to and subscribed before me this day of , 20 . Notary Public My Commission Expires: My signature, as Notary Public, verifies the Affiant's identification has been validated by Personally known OR Produced Identification Type of Identification Produced 20 Exhibit C.3 AT T ESTAT ION OF COACHES CERT IFICAT IONS By my signature, I attest that the coaches listed below have completed the following certifications/classes and are eligible to coach with the Organization. Name Certification Contact/Representative: Date: 21 Exhibit D Parking Restrictions During the Co-Sponsor Groups season, the Co-Sponsor Group is responsible for assigning members of their organization to manage and control parking, and to keep fire lanes and access for emergency vehicles clear. The Co-Sponsor Groups will ensure that all vehicles only park in designated legal parking lots or stalls. Parking or driving on fields, medians, sidewalks, bike lanes, paths, or other unauthorized areas inside the park are strictly prohibited. The City ultimately retains the right to prohibit parking at any location. The Co-Sponsor Groups will control the parking at the facilities they occupy to conduct their programs. For example: a. Countryside Sports Complex: Parking is not permitted along the right-of-way on McMullen Booth Road. Additionally, vehicles may not park in the swale between the sidewalk and the right-of-way. Co-Sponsor Groups using this venue will help promote good neighbor cooperation with Chi Chi’s Golf Course by ensuring that Chi Chi’s parking is not encroached upon. b. David Martin Fields at Glen Oaks Park: Parking is not permitted along South Hillcrest Ave., South Turner St., or South Evergreen Ave. c. ECM 8 and 9 Fields: Parking is not permitted in the Eisenhower School parking lot during school hours. d. Frank Tack Fields: Parking is not permitted in the grass along Montclair Rd. e. Joe DiMaggio Baseball Fields: The Co-Sponsor Group will ensure that vehicle traffic associated with their activities will not drive on the maintenance/emergency access road between the turf multi-purpose fields. Additionally, no vehicles are permitted to park next to the baseball fields. f. Sid Lickton Park: Parking is not permitted along the roadside of Saturn Ave. g. Vehicles/trailers are not permitted inside any of the facilities nor on any turf surface without prior written approval from the Athletics Office. h. Long Center: No field parking unless approved and responsible to reserve spaces for Long Center patrons as directed by staff. Failure of the Co-Sponsor Group to control the parking at any of these facilities during their activities will result in the Athletics Office reassigning the number of games, game start times, and/or the number of fields that can be in use at each facility to ensure compliance with the parking restrictions at each site. In addition, the City reserves the right to schedule staff at the Co-Sponsor Group’s expense to assist with mitigating any parking concerns. Non -compliance with the assigned game schedule will result in the loss of privileges at that facility. Contact/Representative: Date: 20 Exhibit E Co-Sponsor Group’s Responsibilities The Co-Sponsor Group agrees that during the term of this Agreement, the Co-Sponsor Group will at no cost or expense to the City, provide the following maintenance and/or repair: a. Stripe each turf field as needed. b. Pick up all paper, cigarette remnants and debris and place in trash receptacles, including the breakdown of all boxes. c. The Co-Sponsor Group will enforce the City’s No Smoking Ordinance, No Pet’s Ordinance, and all other posted rules. d. The Co-Sponsor Group, any league, team, group, or person, using a City park under this section and failing to leave it clean of litter to the satisfaction of the City, will reimburse the City for city worker time used to clean the facility. e. Provide for any special needs or services such as security or traffic control devices or officers needed as a result of Co-Sponsor Group’s use of the Facility. f. Light cleaning of the restroom facilities on a daily basis when in use. g. The Co-Sponsor Group shall not store any items outside the storage room nor dispense of any trash outside the facility area other than in containers provided by the City. h. The Co-Sponsor Group will issue to the City three keys to any Co-Sponsor Group initiated lock used at any City facility as well as anytime the locks are changed. i. As noted earlier, while the Co-Sponsor Group’s use of the facility is nonexclusive, subleasing of the facility or assigning use of the facility by the Co -Sponsor Group is not permitted. Such activity by the Co-Sponsor Group could result in termination of this agreement. j. The press box, multi-purpose areas, office space, concession areas and storage rooms must be cleaned and organized on a nightly basis. The Co-Sponsor Group shall receive an invoice from the City, as applicable, if the Co- Sponsor Group does not follow through with these responsibilities. Failure to make such a payment will be grounds to bar the Co-Sponsor Group from use of the facility until the fee is paid or acceptable remedial action is taken. Contact/Representative: Date: 21 EXHIBIT F Emergency Action Plan EMERGENCY ACTION PLAN for FacilityName: Facility Address: Facility Phone Number: Date Prepared: / / EMERGENCY PERSONNEL NAMES AND PHONE NUMBERS Designated Emergency Contact Name: Phone: Back-up Emergency Contact: Name: Phone: EVACUAT ION ROUT ES Site personnel should know at least two evacuation routes. Evacuation route plan. The following information is to be marked clearly on an evacuation plan that is readily accessible to the Emergency Contacts on -site. • Emergency exits • Primary and secondary evacuation routes • Locations of fire extinguishers • Fire alarm pull stations’ location • Assembly points EMERGENCY PHONE NUMBERS: 9-1-1 UT ILIT Y COMPANY EMERGENCY PHONE NUMBERS Electric Company: Water Company: Gas Company: EMERGENCY REPORT ING AND EVACUAT ION PROCEDURES Types of emergencies to be reported to site personnel are: • Medical, Severe Weather, Fire • Other: Terrorist attack, bomb threat, hostage, etc. 22 MEDICAL EMERGENCY Call medical emergency phone number: 9-1-1 Provide the following information: • Nature of medical emergency, • Location of the emergency (address, building, room number), and • Your name and phone number from which you are calling. Do not move victim unless absolutely necessary. The following personnel are trained in CPR and First Aid to provide the required assistance prior to the arrival of the professional medical help: 1. 2. 3. Attempt first aid ONLY if trained and qualified. FIRE EMERGENCY When fire is discovered: • Activate the nearest fire alarm (if installed) • Notify the local Fire Department by dialing 9-1-1 • If a fire alarm is not available, dial 9-1-1 and notify everyone at the facility to evacuate to their closest exit. Fight the fire ONLY if: • The Fire Department has been notified. • The fire is small and is not spreading to other areas. • Escaping the area is possible by backing up to the nearest exit. • The fire extinguisher is in working condition and personnel are trained to use it. Upon being notified about the fire emergency, occupants must: • Leave the building using the designated escape routes. • Assemble in the designated area (specify location): . • Remain outside until the competent authority (Designated Official or designee) announces that it is safe to reenter. Designated Emergency Contact should: • Coordinate an orderly evacuation of personnel. • Perform an accurate head count of personnel reported to the designated area. • Determine method to locate missing personnel. • Provide the Fire Department personnel with the necessary information about the incident. 23 CHEMICAL SPILL: • Do not attempt to clean the spill unless trained to do so. • Call 9-1-1 and attend to any injured persons. • Evacuate building as necessary. The following are the locations of: Spill Containment and Security Equipment: Personal Protective Equipment (PPE): MSDS: When Chemical Spill has occurred: • Secure the area and alert other site personnel. • Call the Fire Department if site personnel are unavailable. SEVERE WEAT HER AND NAT URAL DISAST ERS Hurricane: • If Pinellas County is under a Hurricane Watch or Warning, all activities will be cancelled, and no one will be allowed to enter our facilities. Please instruct all parents, coaches, athletes to stay home and seek shelter. Lightning/Thunder Storm (www.lightningsafety.noaa.gov) • No place OUTSIDE is safe during a thunderstorm! A house, or other fully enclosed building with wiring and plumbing offers your best protection against lightnin g. A car with a metal roof and sides is your second best protection against lightning. • The “30-30 Rule” offers easy to follow lightning safety guidance. When you see lightning, count the time until you hear thunder. If that time is 30 seconds or less, the thunderstorm is close enough to be dangerous. Seek shelter. If you can’t see the lightning, just hearing the thunder is a good back-up rule. • Wait at least 30 minutes after the lightning flash before leaving shelter. Tornado: • When a warning is issued by sirens or other means, seek inside shelter. • Consider the following: - Small interior rooms on the lowest floor and without windows, - Hallways on the lowest floor away from doors and windows, and - Rooms constructed with reinforced concrete, brick, or block with no windows. • Stay away from outside walls and windows. • Use arms to protect head and neck. • Remain sheltered until the tornado threat is announced to be over. 24 EXHIBIT G Co-Sponsor Organization Annual Report This documentation provides a breakdown of the organization. The document is an overview of the (year, season ) City of Clearwater Co-Sponsorship Agreement. This report is due . Organization Description: (Brief description of organization’s mission, history, and programs offered) Participation Numbers: (Number of participants per season and/or program; include participants info for each division/age bracket) Volunteer Numbers: (Number of volunteers and hours volunteered) Accomplishments/Highlights: (Awards, clinics, camps, championships) Requested Facility Improvements: (Add-ons or renovations which may benefit organization/other facility users) Contact/Representative: Date: EXHIBIT H Certificate of Insurance Sample and Insurance Exemption Form 25 26 EXHIBIT I Annual Financial Statement ANNUAL FINANCIAL STATEMENT FISCAL YEAR ENDING NAME OF OGANIZATION REVENUE EXPENSES Amount Item Amount Item Registration Marketing CFY Grants Uniforms Clinics Awards Tournaments Dues Sponsorships Opening Day Concessions Concessions Fundraisers Benefits Donations Salaries Miscellaneous Miscellaneous $0.00 Total Revenue $0.00 Total Expenses $0.00 Total Expenses $0.00 Total Revenue $0.00 Profit/Loss Contact/Representative: Date: 27 EXHIBIT J – “Organization Name” Special Conditions • The organization’s president or authorized representative must attend the co -sponsor president’s meetings conducted by the Athletics Section. • Rosters o (Season): ▪ Roster due: • Roster Payments o (Season): ▪ (type of activity) roster payment due: • An accurate facility and/or field schedule, depicting actual use i.e. games, practices, meets, tournaments, and events. Blanket schedules will not be accepted as firm schedules. The following dates apply: o (Season) schedule due: • A list of all coaches and their certifications and proof of required Level II or City approved equivalent background checks : o (Season) coaches Level II or City approved equivalent due: o (Season) coaches certifications due: • Co-Sponsored Usage Dates: • Additional Considerations: Contact/Representative: Date: EXHIBIT K Participant Card Application 28 29 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8048 Agenda Date: 9/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Approve a contract with the Pinellas County Sheriff’s Office, Largo, Florida, in the amount not to exceed $582,070, which includes 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, 2020 through September 30, 2021, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Pinellas County Sheriff’s Office (PCSO) and the Clearwater Police Department (CPD) began an annual contractual agreement for services in January 1994. The agreements have covered forensic crime scene processing, latent fingerprint examination, property and evidence storage, and a share of security costs at the Pinellas Juvenile Assessment Center (PJAC). The total cost for the proposed agreement for Fiscal Year 2020-2021 is $546,162. The proposed contractual agreement reflects a 2.8% increase with the following associated costs: Forensic Science Services (Crime Scene Processing) = 1,100 calls for service at $246.10 each, totaling $270,710; Fingerprint Services - 1,200 cases at $90.46 each, totaling $108,552; Property and Evidence Storage - 10,000 items at $12.70 each, totaling $127,000; Pinellas Juvenile Assessment Center (PJAC) - 475 juveniles transported at $84.00 each, totaling $39,900. The contingency amount of $35,908 will cover any calls for service which exceed those outlined in the proposed contract and invoices for excess services will be issued separately. Additionally, at the end of the contract, any funds remaining from unused calls for service will be refunded to the city. APPROPRIATION CODE AND AMOUNT: Funding for this contractual agreement and contingency funds are included in the Police Department’s fiscal year 2020-2021 operating budget request for cost code, 0101155-530300, contractual services. Page 1 City of Clearwater Printed on 9/17/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8156 Agenda Date: 9/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Approve an agreement between Clearwater Towing Service, Incorporated and the City of Clearwater to provide full-service vehicle removal, towing, storage, and transport and impound services to accommodate all needs of the Clearwater Police Department and the City’s Fleet Maintenance Division, authorize the appropriate officials to execute same, and ratify and confirm Fourth Extension to the Vehicle Towing Contract bridging the 23-day gap between the expiration of the Third Extension and start of the new agreement. (consent) SUMMARY: On June 29, 2020, Request for Proposal (RFP) 44-20 was issued seeking qualified vendors to provide full-service vehicle recovery, towing, storage, transport, and impound services for the Police Department and the City’s Fleet Maintenance Division. A five-member committee, comprised of members of the Police and General Services departments, evaluated the responses. Only one vendor, Clearwater Towing Service Incorporated, located at 1955 Carroll Street, Clearwater, submitted a qualified response and was further reviewed and accepted based on qualifications and experience, facilities, equipment, and capacity. The agreement will meet the required needs of the Police Department and the City’s Fleet Maintenance Division but would not prohibit a citizen from requesting towing services from a company of their choice, such as AAA. Under the terms of this contract, vehicles would be seized or impounded at no cost to the Police Department. The agreement calls for an initial one-year term, effective October 1, 2020 through September 30, 2021, with three optional one-year extensions. There will be a minimal impact to the Police Department’s current and future operating budget(s) as a result of the agreement. Under the terms of the agreement, the Vendor is to be paid the sum of $100.00 per vehicle, which is stored on behalf of the Police Department for investigative purposes (maximum of five days storage). Payments will be funded from the Police Department’s operating budget (projected: $1,500) (Appropriation Code: 0101155-548000). The Vendor will collect, and transfer to the Police Department, a $20.00 fee for administrative costs associated with vehicles which are impounded by the Police Page 1 City of Clearwater Printed on 9/17/2020 File Number: ID#20-8156 Department. Administrative fees collected will be credited to the General Fund. Under the terms of this contract, the vendor will provide twenty-four hours, seven days a week towing services (towing, recovery, and roadside service) for the City’s Fleet Maintenance Division. The City’s Fleet Maintenance Division will pay the vendor for towing services as outlined in the Pricing Sheet (Exhibit A). Payment will be funded from the Fleet Maintenance Division operating budget (projected: $100,000 annually) (Appropriation Code: 5666611-530300). APPROPRIATION CODE AND AMOUNT: Funding is available in the Police Department’s operating budget cost code 0101155-548000 (Other Charges); and in the Fleet Maintenance operating budget cost code 5666611-530300 (Contractual Services), to fund this agreement. Associated revenues will be credited to General Fund revenue code 010-342111 (Police Department Tow Fees). Page 2 City of Clearwater Printed on 9/17/2020 27 Request for Proposals #44-20, Vehicle Towing Services Exhibit A – PRICING REVISED The following RFP pricing must be completed by the Vendor and will be used for services provided to Fleet Maintenance in accordance with this Contract. The listing is by no means a guarantee that the services will be required. Vendor _____________________________________ Date ______________________ Item No. Description Class “A” Wrecker Unit Price Class “B” Wrecker Unit Price Class “C” Wrecker Unit Price Class “D” Wrecker Unit Price Service Unit 1 Towing Service Base Charge $ $ $ $ Per tow 2 Use of Dolly in tow service $ $ $ $ Per tow 3 Use of Flatbed in tow service $ $ $ $ Per tow 4 Road Service $ $ $ $ Per call 5 Recovery $ $ $ $ Per call 6 Truck Time w/Driver $ $ $ $ Per hour 7 Extra mileage outside Clearwater city limits $ $ $ $ Per mile 35.00 75.00 95.00 150.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 35.00 35.00 35.00 35.00 35.00 50.00 50.00 50.00 35.00 35.00 75.00 75.00 2.00 3.00 4.00 4.00 5.1 PRICING SHEET CTS Towing + Transport 07/23/2020 Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33758-4748 727-562-4633 Tel v 11.2018 REQUEST FOR PROPOSALS #44-20 Vehicle Towing Services June 29, 2020 NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until 10:00 AM, Local Time, July 28, 2020 to provide Vehicle Towing Services. Brief Description: The City of Clearwater is seeking proposals from qualified vendors to maintain a full- service vehicle removal, towing, and storage service program to accommodate towing service requirements for the Clearwater Police Department and general towing services for the City’s Fleet Maintenance. Proposals must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Proposal packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process, or Technical Questions concerning this solicitation should be directed, IN WRITING, to the Procurement contact below: This Request for Proposals is issued by: Lori Vogel, CPPB Procurement Manager Lori.vogel@myclearwater.com INSTRUCTIONS Vehicle Towing Services 2 RFP #44-20 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact listed on Page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their proposal. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a proposal. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No If so designated above, attendance is mandatory as a condition of submitting a proposal. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: July 28, 2020 Time: 10:00 AM (Local Time) The City will open all proposals properly and timely submitted and will record the names and other information specified by law and rule. All proposals become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, proposals are available for inspection by contacting the Procurement Division. i.5 PROPOSAL FIRM TIME: 120 Days from Opening Proposal shall remain firm and unaltered after opening for the number of days shown above. The City may accept the proposal, subject to successful contract negotiations, at any time during this time. i.6 PROPOSAL SECURITY: Yes $ 0.00 No If so designated above, a proposal security in the amount specified must be submitted with the proposal. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such proposal security shall be forfeited to the City of Clearwater should the proposer selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes $ 0.00 No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if INSTRUCTIONS Vehicle Towing Services 3 RFP #44-20 any, will be returned to Contractor upon the expiration or termination of the contract. i.7 SUBMIT PROPOSALS TO: Use label at the end of this solicitation package City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Proposals will be received at this address. Proposers may mail or hand-deliver proposals; e-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a proposal that is not properly addressed and identified. i.8 LATE PROPOSALS. The proposer assumes responsibility for having the proposal delivered on time at the place specified. All proposals received after the date and time specified shall not be considered and will be returned unopened to the proposer. The proposer assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The proposer agrees to accept the time stamp in the City’s Procurement Office as the official time. i.9 LOBBYING. The integrity of the procurement process is critical. Communication regarding this solicitation for purpose of influencing the process or the award, between any person or affiliates seeking an award from this solicitation and the City is strongly discouraged. This does not prohibit public comment at any City Council meeting, study session or Council committee meeting. This shall not apply to vendor-initiated communication with the contact(s) identified in the solicitation or City-initiated communications for the purposes of conducting the procurement including but not limited to pre-bid conferences, clarification of responses, presentations if provided in the solicitation, requests for Best and Final Proposals, contract negotiations, protest/appeal resolution, or surveying non-responsive vendors. i.10 COMMENCEMENT OF WORK. If proposer begins any billable work prior to the City’s final approval and execution of the contract, proposer does so at its own risk. i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than ten (10) calendars in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the proposal. Proposers are cautioned to verify their proposals before submission, as amendments to or withdrawal of proposals submitted after time specified for opening of proposals may not be considered. The City will not be responsible for any proposer errors or omissions. i.12 FORM AND CONTENT OF PROPOSALS. Unless otherwise instructed or allowed, proposals shall be submitted on the forms provided. An original and the designated number of copies of each proposal are required. Proposals, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the proposal is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the proposal be submitted. The proposal must provide all information requested and must address all points. The City does not encourage exceptions. The INSTRUCTIONS Vehicle Towing Services 4 RFP #44-20 City is not required to grant exceptions and depending on the exception, the City may reject the proposal. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered upon showing the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the proposer. The City reserves the right to reject proposals that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the proposal received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the proposer shall include a letter with its proposal identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A proposal from a proposer who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.16 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon another event; to reject individual proposals for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any proposal. The City may seek clarification of the proposal from proposer at any time, and failure to respond is cause for rejection. Submission of a proposal confers on proposer no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a proposer may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.18 COPYING OF PROPOSALS. Proposer hereby grants the City permission to copy all parts of its proposal, including without limitation any documents and/or materials copyrighted by the proposer. The City’s right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. INSTRUCTIONS Vehicle Towing Services 5 RFP #44-20 To achieve this purpose, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or prospective proposers and affiliates. The City may request product samples from vendors for product evaluation. i.21 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures Section 18 (“Purchasing Policy”). If there exists any discrepancy in this Section i.21 and the Purchasing Policy, the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Procurement Manager no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within the earlier of ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater - Procurement Division 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Vehicle Towing Services 6 RFP #44-20 i.22 EVALUATION PROCESS. Proposals will be reviewed by a screening committee comprised of City employees. The City staff may or may not initiate discussions with proposers for clarification purposes. Clarification is not an opportunity to change the proposal. Proposers shall not initiate discussions with any City employee or official. i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, the technical proposal/price. All proposals must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the proposal complies with the instructions for submitting proposals including completeness of proposal which encompasses the inclusion of all required attachments and submissions. The City must reject any proposals that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the proposer is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced proposals, past performance, references (including those found outside the proposal), compliance with applicable laws, proposer's record of performance and integrity- e.g. has the proposer been delinquent or unfaithful to any contract with the City, whether the proposer is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A proposer must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review proposer’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Proposal. The City will determine how well proposals meet its requirements in terms of the response to the specifications and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. d) If less than three (3) responsive proposals are received, at the City’s sole discretion, the proposals may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and responsibility requirements. NOTE: For this RFP, the criteria will be evaluated separately for Police Towing Services and Fleet Maintenance Towing Services requirements. Relative point values are as follows: Evaluation Criteria (pages 24-25) Points – Police Points – Fleet Qualifications and Experience: availability, training, and experience of drivers; available administrative and technical support personnel; successful, relevant business experience, proper license(s) (Tab2) 30 25 References: minimum of three (3) relevant references required; Department of Consumer Protection Report (Tab2) 15 15 Facilities and Equipment: quality of established facilities, quality of vehicles, class of vehicles, availability (Tab 3) 30 25 Capacity for Contract: ability to accommodate and respond to requests for service as required (Tab 4) 25 25 Pricing: Fleet Maintenance Towing Services ONLY (Tab 5) -0- 10 INSTRUCTIONS – EVALUATION Vehicle Towing Services 7 RFP #44-20 i.24 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest scored proposals based on evaluation against the evaluation criteria. Short-listed proposers may be invited to give presentations and/or interviews. Upon conclusion of any presentations/interviews, the City will finalize the ranking of shortlisted firms. i.25 PRESENTATIONS/INTERVIEWS. Presentations and/or interviews may be requested at the City’s discretion. The proposer must provide a formal presentation/interview on-site at a City location upon request. i.26 BEST & FINAL OFFERS. The City may request best & final offers if deemed necessary, and will determine the scope and subject of any best & final request. However, the proposer should not expect that the City will ask for best & finals and should submit their best offer based on the terms and conditions set forth in this solicitation. i.27 COST JUSTIFICATION. In the event only one response is received, the City may require that the proposer submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the proposal price is fair and reasonable. i.28 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Proposer must be prepared for the City to accept the proposal as submitted. If proposer fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject proposal or revoke the award, and may begin negotiations with another proposer. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.29 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the proposer’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant RFP information and notices. i.30 RFP TIMELINE. Dates are tentative and subject to change. Release RFP: June 29, 2020 Advertise Tampa Bay Times: July 1, 2020 Responses due: July 28, 2020 Review proposals: July 28, 2020 – August 11, 2020 Presentations (if requested): Week of August 17, 2020 Award recommendation: August 21, 2020 Council authorization: September 17, 2020 Contract begins: October 2020 TERMS AND CONDITIONS Vehicle Towing Services 8 RFP #44-20 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified TERMS AND CONDITIONS Vehicle Towing Services 9 RFP #44-20 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. b. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. TERMS AND CONDITIONS Vehicle Towing Services 10 RFP #44-20 S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this RFP, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this RFP are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. TERMS AND CONDITIONS Vehicle Towing Services 11 RFP #44-20 d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current TERMS AND CONDITIONS Vehicle Towing Services 12 RFP #44-20 background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) Conducts business in an unethical manner or in an illegal manner; or (iv) Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Section 27 of the City’s Purchasing and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. TERMS AND CONDITIONS Vehicle Towing Services 13 RFP #44-20 c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 CONFLICT OF INTEREST F.S. Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or TERMS AND CONDITIONS Vehicle Towing Services 14 RFP #44-20 services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without TERMS AND CONDITIONS Vehicle Towing Services 15 RFP #44-20 limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Division and/or an authorized representative from the using department. All questions regarding the contract will be referred to the Procurement Division for resolution. Supplements may be written to the contract for the addition or deletion of services. S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may TERMS AND CONDITIONS Vehicle Towing Services 16 RFP #44-20 be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS 1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region. It is the third largest city in the region with an estimated population of 116,585 residents. The City of Clearwater is also a major tourist destination – Clearwater Beach has been rated #1 U.S. Beach by TripAdvisor, “Florida’s Best Beach Town 2013” by USA Today, and was on the “Top Ten List of Best Beaches from Maine to Hawaii”. The City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball, as well as hosting several sports tournaments through the year that attract visitors from across the country. Clearwater is home for Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story made it all the way to Hollywood in the motion pictures “Dolphin Tale” and “Dolphin Tale 2”, both filmed here in Clearwater. 2. PROJECT GOAL. The City of Clearwater (City) is seeking proposals from qualified vendors to provide full-service vehicle removal, towing, and storage services to accommodate all needs of the Clearwater Police Department, the City’s Fleet Maintenance Department and other miscellaneous citywide requirements. The City is seeking a “single vendor” to accommodate all wrecker requests, impounded vehicles, seized vehicles, and miscellaneous towing services. 3. BACKGROUND. 3.a. Clearwater Police Department. Historically, the Police Department requires the removal, towing, and storage of between 150 and 200 vehicles per month. The selected vendor will not be required to provide storage for seized vehicles, but will transport all seized vehicles on behalf of, and at no cost to, the Clearwater Police Department. Total Number of Tows per Year Fiscal Year Impounds Seizures Rotation Total 2016-2017 713 122 801 1636 2017-2018 880 154 1146 2180 2018-2019 991 227 1192 2410 Total 2,584 503 3139 6226 3.b. Clearwater Fleet Maintenance Department. The Fleet Maintenance Department requires general towing, road service, recovery, and emergency support services on an as-needed basis. 4. SCOPE OF SERVICES. 4.a. Clearwater Police Department. a. a. The Vendor must have an established, principal storage facility within the area west of Tampa Bay, south of State Road 580, north of Belleair Road, and east of the Gulf of Mexico. The Vendor will be required to provide proof of ownership and/or valid lease agreements for the physical facility and property. The Vendor must maintain these agreements during the entirety of the contract term. Any supplemental facilities shall not exceed two (2) miles in distance from the jurisdictional boundaries of the City of Clearwater. b. The Vendor must have an established principal storage compound of not less than 20,000 square feet, which complies with all applicable State of Florida Statutes and City of Clearwater ordinances. c. The Vendor must supply an established indoor, preferably climate controlled, facility of at least 4,000 square feet. The indoor facility shall have a flat, level, concrete workspace which is able to accommodate, at a minimum, two (2) passenger vehicles simultaneously. This workspace should have adequate interior and supplementary lighting, as well as sufficient equipment to remove tires from vehicles and conduct preliminary inspection of the vehicle’s brakes and other components. The Vendor shall have a hydraulic rack capable of lifting vehicles completely off the floor, or equivalent facilities, to permit Police employees to stand DETAILED SPECIFICATIONS d. below the vehicle to make thorough investigation or inspection of the vehicle. e. The Vendor shall be able to supply identified Clearwater Police Department sworn officers with 24-hour access to the indoor facility. f. The Vendor’s storage facility will include a working alarm system to prevent unauthorized access; the facility property will be completely encircled by secure fencing, not less than six feet (6’) in height. The top of any fence or wall enclosure, including gate(s)/door(s), or open areas without a roof, shall be equipped with at least twelve inches (12”) of barbed wire, or similar anti-intrusion barrier, which shall be installed in such a manner to discourage unauthorized entry. The vendor will be responsible for ensuring overall security of the property. g. Vendor’s facilities will be configured to allow only authorized personnel with access. Access must be adequately documented to meet the standards of chain of custody of evidence for criminal proceedings where applicable. h. The Vendor must be able to provide 24-hour/365 day service for removal, recovery, and towing of vehicles within the jurisdictional boundaries of the City of Clearwater or within Pinellas County, upon request of the Clearwater Police Department. i. The Vendor shall have the ability to recover, remove, and transport a variety of vehicles, regardless of the vehicle’s level of operability. This will include damaged vehicles, commercial vehicles, and vehicles submerged in water. j. The Vendor must have a computer aided dispatch system and the Clearwater Police Department must have access to the system for the purpose of creating electronic requests for the removal, recovery, and towing of vehicles. k. The Vendor must have the ability to respond to any Clearwater Police Department request, which is within the jurisdictional boundaries of the City, within forty-five (45) minutes. The Vendor may be assessed a fee, payable to the Clearwater Police Department, for arrival(s) in excess of forty-five (45) minutes within the jurisdictional boundaries of the City. Vendor will have a mechanism to transfer any applicable fees to the Clearwater Police Department. l. The Vendor must have the ability to respond to multiple requests for Police Department service at one time, as well as the ability to allocate multiple resources to each individual scene. The vendor will be required to reimburse the City of Clearwater for any third-party vendor costs incurred as a result of the Vendor’s inability to respond or sufficiently accommodate Police Department requests for vehicle removal. m. The Vendor shall provide towing service for any vehicle seized by the Clearwater Police Department, or any vehicle impounded by the Clearwater Police Department for the purpose of further inspection or examination, at no cost to the City of Clearwater or Clearwater Police Department. n. When responding to traffic crash scenes, the Vendor will remove all traffic crash related debris from the scene at no cost to the City of Clearwater or Clearwater Police Department. Vendor will remove all non-crash related debris from public streets when requested by the Clearwater Police Department at no charge. o. Provide, at a minimum, three (3) wreckers and three (3) drivers dedicated to the City of Clearwater Police Department during the declaration of a mandatory or voluntary evacuation of the City of Clearwater or Pinellas County. p. The Vendor must continually comply with all applicable laws, not limited to: U.S.D.O.T., F.D.O.T., Florida State Statute, Pinellas County Code of Ordinances, and City of Clearwater requirements for the towing and storage of vehicles, regardless of vehicle type. DETAILED SPECIFICATIONS q. All charges assessed for services shall comply with Section 122-42, Pinellas County Code or Amendments. r. The Vendor must be able to accommodate the Clearwater Police Department’s Notification of Motor Vehicle Owner Used in Violation of the Florida Contraband Forfeiture Act. The procedure requires the vendor to provide a Department approved written notification to the vehicle owner that the vehicle was used in violation of the Florida Contraband Forfeiture Act and have the ability to transmit the signed and completed notification to the Police Department. s. Seized vehicles that are returned to the Vendor for disposition shall be processed according to Florida State Statue 932.7055. Vendor shall return to the City of Clearwater payment equating to one-half of the gross proceeds resulting from the disposition of the vehicle. t. The Vendor must have the ability to transfer an administrative fee, collected from the registered owner or person taking custody of each impounded vehicle, to the Clearwater Police Department. u. Vendor must always maintain and have available for inspection by authorized City of Clearwater personnel, detailed records covering all services rendered. 4b. Clearwater Fleet Maintenance Department. a. The Vendor shall furnish towing services for vehicles upon request by the City’s Fleet Operations or it’s designee. Such service shall be provided on a 24-hour / 365 day basis. b. The wrecker must arrive at the location of the equipment requiring service no later than one (1) hour after receiving the notice. c. An additional charge of “truck time” may commence after the Vendor has been on site of the requested service for more than one (1) hour. “Truck time” is defined as time spent at the service site due to labor involving a difficult recovery or wait time incurred to circumstances at the scene. d. An additional charge for “towed” mileage may be charged when the vehicle towed is outside the limits of the City of Clearwater. This added charge will be for the distance traveled to reach a vehicle out of the City Limits for the purpose of recover only, tow the unit into the City Limits, or to tow a vehicle to a destination other than to the City of Clearwater. e. Road service is defined as jump starting (when authorized), changing a tire, entering a vehicle with keys locked inside, etc. No towing involved. f. Recovery is defined as pulling a piece of equipment out of sand, dirt, etc., without towing it elsewhere. g. Provide, at a minimum, two (2) wreckers and two (2) drivers dedicated to the City of Clearwater Fleet Maintenance Department during the declaration of a mandatory or voluntary evacuation of the City of Clearwater or Pinellas County. h. Should the Vendor receive a call beyond his capability he may engage another towing service operator to supplement his service. The secondary towing service operator shall be regarded as an agent of the Vendor, subject to the same standards of service required of the Vendor and the use of such towing service operator shall not relieve the Vendor of his obligation under this contract. 5. MINIMUM QUALIFICATIONS. a. Vendor must demonstrate experience and expertise in the field of vehicle recovery, towing, and storage to substantially comply with the scope and details of this Request for Proposals, for the entirety of the contract. DETAILED SPECIFICATIONS b. Vendor must demonstrate the ability to remove, recover, and store a wide variety of vehicles. c. Vendor must outline their ability to comply with the removal, recovery, and storage of the number of vehicles outlined in the Scope of Services. d. Vendor must provide three (3) references of similar contractual performance, specifically relating to the quality of work performed and satisfaction of provided services. e. Vendor must maintain a sufficient fleet of trucks to perform the requirements of this contract. Proof of the specified equipment is required prior to the commencement date of the contract and must be maintained during the entire term of the contract. Minimum equipment requirements are: • Three (3) Class “A” or “B” wreckers (at least one [1] must be four-wheel drive and one [1] must be a roll back or car carrier): Gross Vehicle Weight Rating (GVWR) o Class “A” for towing vehicles up to 10,000 lbs. GVWR o Class “A” minimum manufacturer’s capacity of 10,000 lbs. GVWR o Class “B” for towing vehicles between 10,000 lbs. GVWR and 19,500 lbs. GVWR o Class “B” minimum manufacturer’s capacity of 19,500 lbs. GVWR • One (1) Class “C” wrecker o Class “C” for towing vehicles between 20,000 lbs. GVWR and 25,000 lbs. GVWR o Class “C” minimum manufacturer’s capacity of 25,000 lbs. GVWR o A complete, twin-winch, commercially manufactured boom and winches having a manufacturer’s combined rating of at least 25-ton capacity, chassis mounted o equipped with air brakes so constructed as to lock to rear wheels automatically upon failure • One (1) Class “D” wrecker o Class “D” for towing vehicles exceeding 25,000 lbs. GVWR o Class “D” minimum manufacturer’s capacity of 31,000 lbs. GVWR • All wreckers shall be equipped as follows: o Wheel lift and tow sling to pick-up vehicles o Proper safety chains o Dual rear wheels o Floodlights installed on the hoist for adequate nighttime illumination o Amber rotating or strobe lights on cab roof, boom pedestal, or other prominent location to provide adequate illumination from all angles o One (1) heavy duty push broom o One (1) heavy duty shovel o One (1) heavy duty pinch bar, prybar, or crowbar o One (1) set heavy duty bolt cutters o One (1) five (5) pound carbon dioxide (CO2) fire extinguisher (minimum) o One (1) heavy duty dolly capable of handling vehicles and equipment according to wrecker class o two-way radios capable of covering all territory of Pinellas County f. Vendor shall meet all requirements of any applicable State, City, and County laws, ordinances and rules, including all applicable licensing requirements. The wreckers must be rated by the cab and chassis manufacturer and the mounted equipment manufacturer to meet or exceed the minimum load and GVWR ratings for the equipment they are towing. g. The City reserves the right to cancel a request for services of the Vendor at any time, including up to the time of hook-up, without incurring any charges so long as such cancellation is made in good faith upon facts developed after the initial request for Vendor’s services. DETAILED SPECIFICATIONS h. No additional charges shall be made for any special equipment or services such as dropping transmission linkage, axle or drive shaft removal, or airing up brakes. i. Charges will be assessed according to the GVWR of the vehicle being towed. The Vendor may elect to use a wrecker of class that exceeds the need for the vehicle at own discretion but may not charge more for the use of the larger wrecker. j. The Vendor shall be responsible for removing from the street all broken glass and other debris associated with the towed vehicle, and debris shall be properly, and safety disposed of. k. Vendor shall be responsible for the safekeeping of, and shall be accountable to the owner of the vehicle for all personal property contained therein, including vehicle accessories, while the vehicle is being towed and associated storage. 6. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Crime and Employee Dishonesty third-party fidelity coverage is required to cover the acts of an employee against an employer’s clients; using ISO form CR 00 01 Employee Dishonestly Coverage Form or its equivalent, and shall include ISO endorsement CR 04 01 Clients’ Property or its equivalent, and ISO endorsement CR 20 14 Loss Payable or its equivalent. d. Garage Keeper’s and On-Hook Towing Insurance coverage in an amount of not less than $500,000 (five hundred thousand dollars) per occurrence. DETAILED SPECIFICATIONS Vehicle Towing Services 22 RFP #44-20 The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. e. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and the Commercial Automobile Liability Insurance. In addition, when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, RFP #44-20 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 Vehicle Towing Services 23 RFP #44-20 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. October 2020 through September 2021. If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided herein. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Three (3) one (1) year renewals possible at the City’s option. 4. PRICES. All pricing shall be firm for the initial term of the contract except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this proposal. a. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this proposal and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. b. During the sixty (60) day period prior to the renewal anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices in an amount for no more than the twelve month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. c. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for each one (1) year renewal term. d. No fuel surcharges will be accepted. RESPONSE ELEMENTS Vehicle Towing Services 24 RFP #44-20 1. PROPOSAL SUBMISSION. It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For responses mailed and/or hand-delivered, firm must submit one (1) signed original (identified as ORIGINAL) response, five (5) copies of the response and one (1) copy in an electronic format, on a disc or thumb drive, in a sealed container using the label provided at the end of this solicitation. If submitting bids electronically, hard copies of submittal are not required. 2. PROPOSAL FORMAT (the following should be included and referenced with index tabs) NOTE: Every response received by the City will be considered a public record pursuant to Chapter 119, Florida Statutes. Any response marked confidential may be deemed non- responsive to this RFP. Table of Contents: Identify contents by tab and page number TAB 1 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the following information: 1. The proposer’s understanding of the work to be performed. 2. A positive commitment to perform the service within the time period specified. 3. The names of key persons, representatives, project managers who will be the main contacts for the City regarding this project. TAB 2 – Qualifications and Experience. The following information should be included: 1. A statement of availability, training, and experience of drivers; available administrative and technical support personnel; success, relevant business experience, proper license(s) a. A description of what qualifies your company, financial and otherwise, to provide the City with these services for the required period of time, provide appropriate staffing, provide necessary resources and show a history of demonstrated competence. b. An assessment of the proposer’s abilities to meet and satisfy the needs of the City, taking into consideration the requested services, additional services and/or expertise offered that exceed the requirements, or the vendor’s inability to meet some of the requirements of the specifications. 2. References – A minimum of three (3) references, preferably from other public entities within the State of Florida, for whom you have provided similar services. Include the name of entity, contact person’s names, phone numbers, e-mail addresses, mailing addresses, type of service provided, dates these services were provided. 3. Department of Consumer Protection Report. TAB 3 – Facilities and Equipment. Clearly describe the quality of facilities, quality of vehicles, class of vehicles, availability, and ability to meet the requirements of the RFP. Provide picture(s) of fleet vehicles, established facilities, and other relevant information to assist in proposal evaluation. TAB 4 – Capacity for Contract. Describe Firm’s be understanding in two (2) separate statements: a. Firm’s understanding of and ability to accommodate and respond to requests for Police Towing Services as required. b. Firm’s understanding of and ability to accommodate and respond to request for Fleet Maintenance towing and service requirements. TAB 5 – Pricing Sheet – Exhibit A. The cost portion of the proposal should include all costs associated with the fulfillment of the contract requirements for Fleet Maintenance. RESPONSE ELEMENTS Vehicle Towing Services 25 RFP #44-20 TAB 6 - Other Forms. The following forms should be completed and signed: 1. Exceptions/Additional Materials/Addenda form 2. Vendor Information form 3. Vendor Certification of Proposal form 4. Scrutinized Companies form(s) as required 5. Copies of licenses and/or certifications as required 6. W-9 Form. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Vehicle Towing Services 26 RFP #44-20 Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Proposal non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this proposal Additional Materials attached (describe--attach additional pages if needed) Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Vendor Name Date: VENDOR INFORMATION Vehicle Towing Services 27 RFP #44-20 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this proposal: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: VENDOR CERTIFICATION OF PROPOSAL Vehicle Towing Services 28 RFP #44-20 By signing and submitting this Proposal, the Vendor certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: SCRUTINIZED COMPANIES FORMS Vehicle Towing Services 29 RFP #44-20 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _____________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. __________________________________________ Notary Public __________________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE SCRUTINIZED COMPANIES FORMS Vehicle Towing Services 30 RFP #44-20 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 MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Vehicle Towing Services 31 RFP #44-20 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #44-20, Vehicle Towing Services Due Date: July 28, 2020, at 10:00 A.M. City of Clearwater Attn: Procurement Division PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #44-20, Vehicle Towing Services Due Date: July 28, 2020, at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8171 Agenda Date: 9/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Approve renewal of the TriTech Software Support Agreement, in the amount of $189,096.22, for a 12-month period beginning October 1, 2020 and ending September 30, 2021, and authorize the appropriate officials to execute same. (consent) SUMMARY: The TriTech System provides an integrated computer aided dispatch (CAD), mobile, automatic vehicle location (AVL) environment, and downloading of data to the report management system (ACISS). Prior to the TriTech System, each of these functions required separate software support and hardware agreements. The TriTech system has been operational since October 2007; the final sign-off and payment closing out the project was disbursed in March 2009. The Council previously approved a twelve-month TriTech Software Support Agreement, which will expire on September 30, 2020. This renewal reflects a 0.6% increase over the fiscal 2020 amount totaling $187,976. APPROPRIATION CODE AND AMOUNT: Funding for renewal of the 12-month Software Support Agreement, in the amount of $189,096.22, is budgeted in Fiscal Year 2020/2021 Police Department operating budget 0101162-530300 (contractual services). Page 1 City of Clearwater Printed on 9/17/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8178 Agenda Date: 9/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Approve an Interlocal Agreement between the Clearwater Community Redevelopment Agency (CRA) and the City of Clearwater to provide CRA funding in Fiscal Year 2020-2021 in the amount of $250,268.12 to underwrite the cost of additional Community Policing services by the Clearwater Police Department in the Downtown Gateway District, Prospect Lake District, and the Downtown Core District, encompassed by the CRA to address quality of life issues, drug dealing, prostitution, and homelessness and authorize the appropriate officials execute same. (consent) SUMMARY: Quality of life issues, drug dealing, prostitution, and homelessness, all negatively impact the re-development plans. Additional community policing resources are needed to effectively address these issues above and beyond the level provided by routine road patrol functions. An allowable funding source of this active item is the use of CRA Tax Increment Financing (TIF) funds. Florida Statutes allows for the use of TIF funds for “community policing innovations” in the Community Redevelopment Areas. For the first time, the CRA is providing an additional $40,000 to work with the police department to develop a community policing co-responder program. The program will assist police officers with connecting persons encountered in the CRA area with services needed to address homelessness, mental health, drug addiction and physical support services. The CRA and Clearwater Police Department have reached an agreement on a proposed scope of services and terms as delineated in the Interlocal Agreement. Included in the scope is the delineation of specific, measurable crime reduction targets by which to monitor the success of the initiative as well as providing clear language required by statute assuring that the resources are applied to the CRA/Downtown Gateway area. APPROPRIATION CODE AND AMOUNT: Funding for this Interlocal Agreement will be from CRA Project Code R2001 Community Policing. Page 1 City of Clearwater Printed on 9/17/2020 8/27/2020-10:31 AM 1 Officer 1 Officer 2 Officers Step 4 Step 5 Base Salary 72,845.86 74,954.00 147,799.86 Pension (21.00%) 15,297.63 15,740.34 31,037.97 Social Security (1.45%) 1,056.26 1,086.83 2,143.10 Major Medical 13,284.48 10,337.28 23,621.76 Life Insurance 10.00 10.00 20.00 Workers Compensation 939.48 939.48 1,878.96 103,430.00 103,070.00 206,500.00 Fuel $3,768.12 TOTAL 210,268.12 Police Department - CRA Funded Officers For FY 2020/21 EXHIBIT "A" Position Enhancement Fact Sheet Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8167 Agenda Date: 9/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.10 SUBJECT/RECOMMENDATION: Approve RFQ 40-20 for selection of firms to provide Construction Manager at Risk (CMAR) Services for Continuing Contracts, as listed, for a period of four years and authorize the appropriate officials to execute same. (consent) SUMMARY: May 26, 2020, Request for Qualifications (RFQ) 40-20 was issued soliciting area firms to serve as construction managers for the City in accordance with CMAR procedures. Twenty-two responses were received on June 25, 2020, including six incumbents. The incumbents were approved based on past performance. A short list of seven firms made oral presentations in mid-August to the selection committee consisting of representatives from Engineering, General Services, Marine and Aviation, Parks and Recreation and Public Utilities departments. The following thirteen firms were selected based on their construction experience, financial capability, availability of qualified staff, as well as their expertise in scheduling, cost estimating and control, value engineering, and pre-construction services. Incumbent CMAR Firms: ·Biltmore Construction Co., Inc. of Belleair, FL ·Certus Builders, Inc., of Bristol, FL ·J. Kokolakis Contracting, Inc. DBA Kokolakis Contracting, of Tarpon Springs, FL ·J.O. DeLotto & Sons, Inc, of Tampa, FL ·Keystone Excavators, Inc., Oldsmar, FL ·Khors Construction, Inc, Pinellas Park, FL New CMAR Firms: ·Ajax Building Company, LLC of Oldsmar, FL ·Allstate Construction, Inc. of Tampa, FL ·Bandes Construction Company Inc. of Dunedin, FL ·Creative Contractors, Inc. of Clearwater, FL ·Johnson-Laux Construction, LLC of Winter Garden, FL ·The A.D. Morgan Corporation of Tampa, FL ·Walbridge Aldinger LLC of Tampa, FL The CMAR firms selected will be available for a four-year term beginning October 1, 2020 through September 30, 2024. The City may award work to the firms for projects up to $4 million based on Florida Statute. Competitive pricing will prevail for work completed under this CMAR method based on the capability of firms to procure material and labor due to their size and experience. Numerous selected firms have been low bid contractors on past projects with the City and other governmental agencies. All procured subcontracts are open book; hence, the City will review Page 1 City of Clearwater Printed on 9/17/2020 File Number: ID#20-8167 the pricing and agree to a reasonable mark up to manage the work. Funding sources for individual projects will be determined at time of the specific CMAR proposal approval. Page 2 City of Clearwater Printed on 9/17/2020 Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33578-4748 727-562-4630 Tel REQUEST FOR QUALIFICATIONS Construction Manager at Risk Services for Continuing Contracts RFQ #40-20 May 26, 2020 NOTICE IS HEREBY GIVEN that sealed Statements of Qualifications will be received by the City of Clearwater (City) until 10:00 AM, Local Time, June 25, 2020 to provide Construction Manager at Risk Services for Continuing Contracts. Brief Description: The City of Clearwater is seeking Construction Manager at Risk (CMAR) firms to provide Construction Management (CM) services as needed, under continuing contract(s) for City projects pursuant to Florida Statute, section 287.055. Responses must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. This Request for Qualifications, any attachments and addenda are available for download at https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the response in accordance with the instructions. This document (less this invitation and the instructions) and any required documents, attachments, and submissions will constitute the response. General, Process, or Technical Questions concerning this solicitation should be directed, IN WRITING, to the Procurement Manager. This Request for Qualifications is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS CMAR For Continuing Contracts 2 RFQ #40-20 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the Contact listed on page one (1). Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the due date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their response. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a response. i.3 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: June 25, 2020 Time: 10:00 AM (Local Time) The City will open all responses properly and timely submitted and will record the names and other information specified by law and rule. All responses become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, responses are available for inspection by contacting the Procurement Division. i.4 RESPONSE SUBMITTAL: It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Firms may mail or hand-deliver responses to the address below. Use label at the end of this solicitation package. E-mail or fax submissions will not be accepted. 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 response that is not properly addressed and identified. i.5 LATE RESPONSES. The respondent assumes responsibility for having the response delivered on time at the place specified. All responses received after the date and time specified shall not be considered and will be returned unopened to the respondent. The respondent assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The respondent agrees to accept the time stamp in the City’s Procurement Division as the official time. i.6 LOBBYING. Any communication regarding this solicitation for the purpose of influencing the process or the award, between any person or affiliates seeking an award from this solicitation and the City is prohibited. This section shall not prohibit public comment at any City Council meeting, study session or Council committee meeting. This prohibition shall not apply to communication with the contact(s) identified in the solicitation or City-initiated communications for the purposes of conducting the procurement including but not limited to clarification of responses, presentations if INSTRUCTIONS CMAR For Continuing Contracts 3 RFQ #40-20 provided in the solicitation, contract negotiations, protest/appeal resolution, or surveying non- responsive vendors. i.7 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page One (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the response. Respondents are cautioned to verify their responses before submission, as amendments to or withdrawal of responses submitted after time specified for opening of responses may not be considered. The City will not be responsible for any respondent errors or omissions. i.8 FORM AND CONTENT OF RESPONSES. Unless otherwise instructed or allowed, responses shall be submitted on the forms provided. An original and the designated number of copies of each response are required. Responses, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the response is not properly signed or if any changes are not initialed, it may be considered non-responsive. The City may require that an electronic copy of the response be submitted. The response must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the response. i.9 DEBARMENT DISCLOSURE. If the respondent has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a (sub)contractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the respondent shall include a letter with its response identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A response from a respondent who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.10 RESERVATIONS. The City reserves the right to reject any or all responses or any part thereof; to reissue the solicitation; to reject non-responsive or non-responsible responses; to reject unbalanced responses; to reject responses where the terms and/or awards are conditioned upon another event; to reject individual responses for failure to meet any requirement; to award by part or portion, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any response. The City may seek clarification of the response from respondent at any time, and failure to respond is cause for rejection. Submission of a response confers on respondent no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. i.11 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a respondent may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.12 ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the procurement process, including respondents and contractors. INSTRUCTIONS CMAR For Continuing Contracts 4 RFQ #40-20 To achieve the purpose of this Article, it is essential that respondents and contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.13 GIFTS. The City will accept no gifts, gratuities or advertising products from respondents or prospective respondents and affiliates. i.14 PROTESTS AND APPEALS. If a respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its response, and/or believes the selected response is not in the City’s best interests, the respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policies and Procedures. If any discrepancy exists between this Section and the Procurement Rules, the language of the Procurement Rules controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the opening must be filed with the Procurement Manager no later than five (5) business days before Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater - Procurement Division 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION CMAR For Continuing Contracts 5 RFQ #40-20 i.15 EVALUATION PROCESS. Responses will be reviewed by a screening committee comprised of City employees and/or authorized agents. The City staff may or may not initiate discussions with respondents for clarification purposes. Clarification is not an opportunity to change the response. Respondents shall not initiate discussions with any City employee or official. i.16 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and the technical response. All responses must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the response complies with the instructions for submitting responses including completeness of response which encompasses the inclusion of all required attachments and submissions. The City must reject any responses that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the respondent is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: past performance, references (including those found outside the response), compliance with applicable laws, respondent's record of performance and integrity- e.g. has the respondent been delinquent or unfaithful to any contract with the City, whether the respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A respondent must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review respondent’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Response. The City will determine how well responses meet its requirements in terms of the response to the solicitation and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. The criteria that will be evaluated and their relative weights are: Evaluation Criteria Points Qualifications and Experience: Prior Municipal Construction Experience (Tab 2) 35 Expertise: Knowledge of Local Conditions, Permitting Process, etc. (Tab 3) 20 Construction Management Approach: Scheduling, Cost Control, Constructability Review, Value Engineering and QA/QC Procedures (Tab 4) 25 Qualifications of Proposed Staff: (Tab 5) 20 i.17 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest scored proposals based on a preliminary evaluation against the evaluation criteria. Only those short-listed firms will be invited to give presentations and/or interviews. Current CMAR firms in good standing with the City that have been shortlisted may not be required to make an oral presentation unless new areas of expertise are proposed. The City will finalize ranking of the firms upon conclusion of presentations/interviews. i.18 PRESENTATIONS/INTERVIEWS. The respondent must provide a formal presentation/interview on-site at a City location upon request. i.19 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Respondent must be prepared for the City to accept the response as submitted. If respondent fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject response or revoke the award, and may begin negotiations with another Respondent. Final contract terms must be approved or signed by INSTRUCTIONS – EVALUATION CMAR For Continuing Contracts 6 RFQ #40-20 the appropriately authorized City official(s). No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. i.20 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to the Purchasing’s website. It is the respondent’s responsibility to check the City of Clearwater’s Purchasing website at https://www.myclearwater.com/business/rfp to view the Procurement Division’s Intent to Award postings. i.21 RFQ TIMELINE. All dates are tentative and subject to change. Release RFQ: May 26, 2020 Advertise Tampa Bay Times: June 3, 2020 Responses due: June 25, 2020 Review responses/presentations: June 26, 2020 - July 16, 2020 Award recommendation: July 16, 2020 Council authorization: August 20, 2020 Contract begins: August 2020 DETAILED SPECIFICATIONS CMAR For Continuing Contracts 7 RFQ #40-20 1. PROJECT MISSION. The City of Clearwater is dedicated to providing superior services to its customers in order to improve the quality of life for Clearwater residents, businesses and visitors. The City is looking for vendors who share that dedication and will help the City meet that goal. 2. SCOPE OF WORK. The City requires Construction Manager at Risk (CMAR) firms with project expertise involving site work, buildings (new, remodel, renovations, HVAC, plumbing, electrical power, energy management and conservation, and ADA accessibility), roadway reconstruction, specialty coatings, infrastructure rehabilitation, constructability review, value engineering, unique phasing, accelerated schedules, and unusual sensitivity concerns. The contract award includes potential construction contracts of various size and scope where no single project shall exceed the amount pursuant to Florida Statute, section 287.055. 3. EXPERIENCE. CMAR firms should have relevant successful experience at cost effectively performing Construction Manager at Risk services on continuing contracts with public agencies. The selected CMAR firms must demonstrate that they can bring multiple qualified and competitive subcontractors in a wide range of construction trades to cost-effectively complete a variety of projects. The CMAR firms must be capable of supplying workers that meet Florida Department of Law Enforcement criminal history background checks. The following documents are included with this RFQ: Exhibit A – Forms. Truth in Negotiation and Scrutinized Business forms required per Florida Statute. Exhibit B – Construction Manager at Risk Services Contract. Standard contract to be entered into upon successful negotiation. Applicable terms for City construction contracts referenced in Exhibit B are available at https://www.myclearwater.com/government/city- departments/engineering/documents-publications/contract-specifications Exhibit C – Standard Terms and Conditions for Purchase Order. Standard Terms and Conditions applicable to the Purchase Order for pre-construction and construction phase services. 4. INSURANCE REQUIREMENTS. The Contractor (respondent) shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A- VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Contractor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement. Specific work may require additional coverage on a case by case basis: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, DETAILED SPECIFICATIONS CMAR For Continuing Contracts 8 RFQ #40-20 $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. If the Contractor is using its own property, or the property of the City or other provider, in connection with the performance of its obligations under this Agreement, then Contractor’s Equipment Insurance or Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. e. Professional Liability Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. 6. OTHER INSURANCE PROVISIONS. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Contractor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured.” In addition when requested in writing from the City, Contractor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, RFQ #40-20 P.O. Box 4748 Clearwater, FL 33758-4748 b. Contractor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Contractor’s insurance as outlined above shall be primary and non-contributory coverage for Contractor’s negligence. d. Contractor reserves the right to appoint legal counsel to provide for the Contractor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Contractor’s design, equipment, or service. Contractor agrees that the City shall not be liable to reimburse Contractor for any legal fees or costs as a result of Contractor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of Contractor’s obligation to provide the insurance coverage specified. MILESTONES CMAR For Continuing Contracts 9 RFQ #40-20 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. August 2020 through July 2024. If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. RESPONSE FORMAT CMAR For Continuing Contracts 10 RFQ #40-20 1. RESPONSE SUBMISSION. It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For responses mailed and/or hand-delivered, firm must submit one (1) signed original (identified as ORIGINAL) response, seven (7) copies of the response and one (1) copy in an electronic format, on a disc or thumb drive, in a sealed container using the label provided at the end of this solicitation. 2. RESPONSE FORMAT. Qualifications shall be submitted in bound volumes on standard 8½" x 11" paper. A single 8½" x 11" sheet printed on both sides is two (2) pages. All information must be assembled and indexed in the order indicated below. The page count shall not exceed seventeen (17) total pages, including typed text, graphics, charts and photographs. The total page count does not include documents submitted for Tabs 6 and 7, the tabbed separator pages, cover page, and back page. TAB 1 – Letter of Interest (two [2] pages). A letter of interest detailing qualifications, related experience, ability to perform the work and to meet the above referenced selection criteria. Name, address, contact person and phone number, shall be provided. TAB 2 – Qualifications and Experience (six [6] pages). Details on related municipal construction experience, specific CMAR projects and continuing services experience. Provide project name, location, contract delivery method, and description; dates services were performed for the project; color images; initial and final construction cost, including change orders, and the state of design when the construction contract Guaranteed Maximum Price (GMP) was agreed upon. TAB 3 – Expertise (three [3] pages). A summary of knowledge of local conditions, availability of materials and local labor, City of Clearwater permitting processes, local codes, ordinances, construction specifications and standards, and challenges. TAB 4 – Construction Management Approach (three [3] pages). Examples and methodology of project reporting systems, scheduling, cost estimating, phasing, constructability reviews, value engineering, troubleshooting design and construction challenges, and quality assurance (QA) and quality control (QC) procedures for municipal projects. TAB 5 – Qualifications of Proposed Staff (three [3] pages). Staff hierarchy and organizational structure, staff availability, and types of project experience of proposed staff. TAB 6 – Litigation. NOTE: This is not considered Confidential or Proprietary information – any response indicating such may be deemed non-responsive to the RFQ. 1. Provide a complete listing of any convictions or fines incurred by the respondent firm or any of its principals for violations of any state or federal law within the past three (3) years. Identify firm’s executives who have current claims or who have participated in litigation against the City of Clearwater while with another firm. Executives of firms currently under litigation with the City may not be considered for this project. 2. Provide a complete listing of all litigation involving a construction project or contract (excluding personal injury and workers’ compensation) whether currently pending or concluded within the past three (3) years in which the respondent firm was a named party. 3. Provide a complete listing of all administrative proceedings involving a construction project or contract, whether currently pending or concluded within the past three (3) years, in which the respondent firm was a named party. (NOTE: Administrative Proceedings shall include: (i) any action taken or proceeding brought by a governmental agency, department, or officer to enforce any law, regulation, code, legal, or contractual requirement, except for those brought in state or federal courts; (ii) any action taken by a governmental agency, department, or officer imposing penalties, fines, or other sanctions for failure to comply with any such legal or contractual requirement, or (iii) any other matter before an administrative body.) RESPONSE FORMAT CMAR For Continuing Contracts 11 RFQ #40-20 4. Provide a complete listing of all arbitrations involving a construction project or contract, whether currently pending or concluded in the past three (3) years, in which the respondent firm was a named party. TAB 7 - Other Forms. The following forms should be completed and signed: 1. Exceptions, Additional Materials, Addenda form 2. Company Information form 3. Response Certification form 4. Exhibit A - Forms 5. Copy of the firm’s current Florida Department of Business and Professional Regulation’s License and Contractor License 6. If the firm is a corporation, a copy of the current Florida Corporation Registration 7. A current W-9 form. Failure to include the W-9 will not disqualify your bid. (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA CMAR For Continuing Contracts 12 RFQ #40-20 Respondents shall indicate any and all exceptions taken to the provisions or requirements in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Response non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this response Additional Materials attached (describe--attach additional pages if needed) Addenda Respondents are responsible for verifying receipt of any addenda issued by checking the City’s website at www.myclearwater.com/apps20/cityprojects/invitationtobid.aspx/ prior to the bid opening. Failure to acknowledge any addenda issued may render a Bid Non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name__________________________________________________ Date__________________ COMPANY INFORMATION CMAR For Continuing Contracts 13 RFQ #40-20 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this response: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: RESPONSE CERTIFICATION CMAR For Continuing Contracts 14 RFQ #40-20 By signing and submitting this Response, the Company certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. e) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. f) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. g) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. h) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. i) It is current in all obligations due to the City. j) It will accept such terms and conditions in a resulting contract if awarded by the City. k) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER CMAR For Continuing Contracts 15 RFQ #40-20 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #40-20, CMAR for Continuing Contracts Due Date: June 25, 2020, at 10:00 A.M. City of Clearwater Attn: Procurement Division PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #40-20, CMAR for Continuing Contracts Due Date: June 25, 2020, at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd Fl Clearwater FL 33756 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services------------------------------------------------ 1 Construction Manager at Risk [FIRM NAME] RFQ #40-20 – Services for Continuing Contracts This CONTRACT made and entered into on this _____ day of _______________, 2020, by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the “City” or “Owner”, and _______________, authorized to do business in Pinellas County and State of Florida, hereinafter designated as the “Construction Manager”. The contracting entities shall collectively be known as the “Parties.” WITNESSETH: WHEREAS, the Clearwater City Council has approved using the Construction Manager at Risk approach on appropriate projects as determined by the City’s Engineering Department; and WHEREAS, the City desires to engage the services of the Construction Manager to provide management of the necessary construction, design, and preconstruction services (collectively referred to as the “Services”) on an as-needed basis subject to the terms and conditions set forth in this Contract and any agreement incorporated into this Contract by reference; and WHEREAS, the City selected the Construction Manager in accordance with the competitive selection process based on information and representations given by the Construction Manager in a response to Request for Qualifications #40-20. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES THAT THE ABOVE RECITALS AND REPRESENTATIONS ARE TRUE AND ACCURATE AND ARE INCORPORATED HEREIN BY REFERENCE AND THE PARTIES FURTHER AGREE AS FOLLOW: ARTICLE 1: SCOPE OF WORK, CONTRACT DOCUMENTS, AND TERM 1.1 The Construction Manager and its successors, assigns, executors or administrators, in consideration of the sums of money, as herein after set forth to be paid by the City to the Construction Manager, shall and will at its own cost and expense perform all labor, furnish all materials, tools and equipment for all individual projects assigned as a result of this Contract. 1.2 For each individual project assigned, in accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings, if any, which may be herein referred to, are hereby made a part of this Contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. 1.3 Unless otherwise specified in this Contract, all work shall be completed in accordance with Section III and Section IV of the City of Clearwater Contract Specifications (the “Specifications”). For the purposes of this Contract, the term Contractor in Section III shall include the Construction Manager. The Specifications, as may be supplemented and changed, along with this Contract constitute the “Contract Documents.” All terms and 2 conditions set forth in RFQ #40-20, Standard Terms and Conditions are incorporated by reference and attached hereto. Any inconsistency in documents relating to this Contract shall be resolved by giving precedence in the following order: (i) Proposals(s); (ii) this Contract and any amendments; (iii) Specifications; (iv) RFQ #40-20, Standard Terms and Conditions. 1.4 The term of this Contract shall begin on October 1, 2020 and end on September 30, 2024, unless sooner terminated as provided herein. 1.5 The estimated construction cost for each individual project under this Contract shall not exceed Four Million Dollars ($4,000,000.00). ARTICLE 2: CONSTRUCTION MANAGER’S DUTIES AND STATUS 2.1 The Construction Manager recognizes the relationship of trust and confidence established between it and the City by this Contract, and agrees with the City to furnish its best skill and judgment and the overall supervision of its executives; to furnish efficient business administration and superintendence; and to use every effort to keep upon the project site at all times an adequate supply of workforce and materials to secure its execution and completion in the most expeditious and economical manner. 2.2 The Construction Manager represents that it has made a thorough examination of the premises and is thoroughly familiar with the conditions under which it is to work. 2.3 The Construction Manager agrees to perform and complete the Services in accordance with laws, rules, and regulations of all governmental authorities and departments thereof. 2.4 The Construction Manager agrees to cooperate with the City, Architect-Engineer, or any other Design Professional in all respects, including, but not limited to, providing necessary preconstruction services, such as evaluation of methods, availability and costs of the various components of the Services while under design consideration; supervising the Services and the progress thereof; the coordination of the Services and suggesting changes in the Services; and supplying information as to costs and availability of materials and methods of construction in order, amongst other things, to reduce costs wherever the same may be practicably consistent with the quality of the Services presented in the Contract Documents. 2.5 The Construction Manager agrees to the following: a) In connection with the performance of work under this Contract, the Construction Manager agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, national origin, or any other protected class under federal or state law. The aforesaid provision shall include, but not be limited to, the following employment: - upgrading - demotion or transfer - recruitment or recruitment advertising - lay-off or termination 3 - rates of pay or other forms of compensation; and - selection for training, including apprenticeship b) The Construction Manager agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. c) The Construction Manager further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker’s representatives, except sub-contractors for standard commercial supplies or raw materials. ARTICLE 3: SCOPE OF THE SERVICES 3.1 The services that the Construction Manager shall provide include but are not limited to those described in the following sections. 3.2 Reporting. Written reports shall be provided with the monthly pay requests as follows: a) Monthly Executive Summary which provides an overview of current issues and pending decisions, future developments and expected achievements, and any problems or delays, including code violations found by any permitting agency. b) A Monthly Construction Progress Report that includes a cost narrative, a scheduling narrative and that summarizes the work of the various subcontractors. This report shall include information from the weekly job site meetings as applicable such as: - general conditions - long lead supplies - current deliveries - safety and labor relations programs permits - construction problems and recommendations; and - plans for the succeeding month 3.3 Scheduling a) Upon award of this Contract, the Construction Manager shall submit a master project schedule covering the planning and design approvals, construction, and Owner occupancy of the project. This schedule will serve as the framework for the subsequent development of all detailed schedules. The master project schedule shall be produced and updated monthly throughout the project. b) Within thirty (30) days after the date of the Owner’s issuance of a Notice to Proceed, the Construction Manager shall prepare and submit to the Owner two copies of a Critical Path Method (CPM) construction schedule graphically depicting the activities contemplated to occur as a necessary incident to performance of the work required to complete the project, showing the sequence in which the Construction Manager proposes for each such activity to occur and duration (dates of commencement and completion, respectively) of each activity. 4 c) Following development and submittal of the construction schedule, the Construction Manager shall, at the end of each calendar month during the project, or at such earlier intervals as circumstances may require, update and/or revise the construction schedule to show the actual progress of the work performed and the occurrences of all events which have affected the progress of performance of work already performed or will affect the progress of the performance of the work yet to be performed in contrast with the planned progress of performance of such work, as depicted on the original construction schedule and all updates and/or revisions thereto as reflected in the updated and/or revised construction schedule last submitted prior to submittal of each such monthly update and revision. Each such update and/or revision to the construction schedule shall be submitted to the Owner in duplicate. d) The Construction Manager shall provide current scheduling information and provide direction and coordination regarding milestones, beginning and finishing dates, responsibilities for performance and the relationships of the Construction Manager’s work to the work of his subcontractors and suppliers to enable them to perform their respective tasks so that the development of construction progresses in a smooth and efficient manner in conformance with the overall project schedule. The schedule shall include all phases of the construction work, material supplies, long lease procurement, approval of shop drawings, change orders in progress, schedules for change orders, and performance testing requirements. The Construction Manager shall advise the Owner, its representatives and the Architect-Engineer of their required participation in any meeting or inspection giving each at least one-week notice unless such notice is made impossible by conditions beyond his control. The Construction Manager shall hold job-site meetings at least once each month with the Construction Team and at least once each week with the subcontractors and the Architect-Engineer’s Field Representative, or more frequently as required by work progress, to review progress, discuss problems and their solutions and coordinate future work with all subcontractors. e) Twice per month corresponding as closely as possible with progress review meetings, a “two week” look ahead report shall be prepared and submitted to Owner and Architect / Engineer. 3.4 Design Review and Recommendations a) The Construction Manager shall familiarize himself thoroughly with the evolving architectural, civil, mechanical, plumbing, electrical and structural plans and specifications and shall follow the development of design through Contract Documents. The Construction Manager shall make recommendations with respect to the selection of systems and materials, and cost reducing alternatives including assistance to the Architect-Engineer and Owner in evaluating alternative comparisons versus long term cost effect. The evaluation shall speak to the benefits of the speed of erection and early completion of the project. The Construction Manager shall furnish pertinent information as to the availability of materials and labor that will be required. The Construction Manager shall submit to the Owner and Architect-Engineer such comments as may be appropriate concerning construction, feasibility, and practicality. The Construction Manager shall bring to the Owner and the Architect- 5 Engineer’s attention any apparent defects in the design, drawing and specifications, or other documents. The Construction Manager shall prepare an estimate of the construction cost at appropriate milestones during the design and shall evaluate such estimate with the project budget. The Construction Manager shall recommend cost saving alternatives, as appropriate, at each design milestone. At each design milestone the Owner, Architect Engineer and Construction Manager shall conduct a value engineering review. b) After receiving the Construction Documents for each phase of the project, the Construction Manager shall perform a specific review thereof. Promptly after completion of the review, the Construction Manager shall submit to the Owner, with a duplicate to the Architect-Engineer, a written report covering suggestions or recommendations previously submitted, additional suggestions or recommendations as the Construction Manager may deem appropriate, and all actions taken by the Architect-Engineer with respect to same, any comments he may deem to be appropriate with respect to separating the work into separate contracts and/or alternative materials. c) At completion of the Construction Manager’s review of the plans and specifications, except only as to specific matters as may be identified by appropriate comments pursuant to this section, the Construction Manager shall warrant, without assuming any architectural or engineering responsibility, that the plans and specifications are consistent, practical, feasible and constructible. The Construction Manager shall warrant that the work described in the plans and specifications for the various bidding packages is constructible within the scheduled construction time. d) The Construction Manager shall review the design for the purpose of identifying long lead procurement items (i.e. machinery, equipment, materials, and supplies). When each item is identified, the Construction Manager shall notify the subcontractors, the Owner, and the Architect-Engineer of the required procurement and schedule. Such information shall be included in the bid documents and made a part of all affected sub-contracts. As soon as the Architect-Engineer has completed drawings and technical specifications and the Construction Manager has obtained permitting approval, the Construction Manager shall prepare invitations for bids. The Construction Manager shall keep informed of the progress of the respective subcontractors or suppliers, manufacturing or fabricating such items and advise Project Director, Owner and Architect-Engineer of any problems or prospective delay in delivery. 3.5 Staffing. Key personnel assigned to City projects by the Construction Manager shall not be removed from the project until alternate personnel acceptable to the City are approved in writing by the City. 3.6 Soliciting Bids a) Without assuming responsibilities of the Architect-Engineer, and unless waived in writing by the Owner, the Construction Manager shall prepare invitations for bids, or requests for proposal when applicable, for all procurements of long lead items, materials and 6 services, and for Subcontractor contracts. Such invitations for bids shall be prepared in accordance with the following guidelines: i) Contracts totaling $1,000 but not exceeding $10,000 may be entered into by the Construction Manager with the firm which is qualified and submits the lowest verbal quotation. The Construction Manager shall obtain a minimum of two (2) verbal quotations. These quotations shall be entered on a bid tabulation sheet and a copy of such tabulation sent to the Owner, Architect-Engineer and to each firm. The successful quotation shall be confirmed by written contract or purchase order to the low bid firm defining the scope and quality of work to be provided. ii) Contracts totaling $10,000 but not exceeding $200,000 may be entered into by the Construction Manager with the firm who is qualified and submits the lowest responsive proposal. The Construction Manager shall request at least three (3) firms to submit sealed written proposals based on written drawings and/or specifications. The written proposals shall all be opened publicly at the location, date and time named by the Construction Manager in his request for proposal. A tabulation of the results shall be furnished to the Owner, Architect-Engineer and to each firm. iii) Contracts totaling $200,000 but not exceeding $500,000 may be entered into by the Construction Manager with the firm who is pre-qualified and submits the lowest responsive proposal. The Construction Manager shall advertise these projects at least once with the last advertisement appearing at least 21 calendar days prior to the established bid opening date. These proposals shall be based on approved plans and specifications. Bids shall be received and opened publicly at the location, date and time established in the bid advertisement. iv) Contracts totaling $500,000 or greater shall be treated the same as described under iii above except that the advertisement shall be run for at least 30 days prior to the established bid opening and at least 5 days prior to any scheduled pre-bid conference. v) Individual purchases of materials or rentals or leases of equipment of up to $999.99 each may be made without bids or quotes when reasonably necessary to expedite work on the project; however, the Construction Manager shall not divide or separate a procurement in order to avoid the requirements set forth above. vi) Site utilities may be acquired at market rates from the entity(ies) providing such in the franchise area. b) For each separate construction contract exceeding $35,000, the Construction Manager shall, unless waived by Owner, conduct a pre-bid conference with prospective bidders, the Architect-Engineer, and the Owner. In the event questions are raised which require an interpretation of the bidding documents or otherwise indicate a need for clarification or correction of the invitation, the Construction Manager shall transmit these to the 7 Architect-Engineer and upon receiving clarification or correction in writing shall prepare an addendum to the bidding document, and issue same to all of the prospective bidders. 3.7 Quality Control. The Construction Manager shall develop and maintain a program, acceptable to the Owner and Architect-Engineer that assures quality control of the construction. The Construction Manager shall supervise the work of all subcontractors providing instruction to each when their work does not conform to the requirements of the plans and specifications and shall continue to assert influence and control over each subcontractor to ensure that corrections are made in a timely manner so as to not affect the efficient progress of the work. Should disagreement occur between the Construction Manager, the Owner or the Architect-Engineer over acceptability of work and conformance with the requirements of the specifications and plans, the Owner shall be the final judge of performance and acceptability. 3.8 Subcontractor Interfacing. The Construction Manager shall be the single point of interface with all subcontractors for any work done under this Contract. The Construction Manager shall negotiate all change orders, field orders and request for proposals, with all affected subcontractors and shall review the costs of those proposals and advise the Owner and Architect-Engineer of their validity and reasonableness, acting in the Owner’s best interest prior to requesting approval of each change order from the Owner. Before any work is begun on any change order, a written authorization from the Owner must be issued. When health and safety are threatened, however, the Construction Manager shall act immediately to remove such threat to health and safety. The Construction Manager shall also carefully review all shop drawings and then forward the same to the Architect-Engineer for review and actions. The Architect-Engineer will transmit them back to the Construction Manager who will then issue the shop drawings to the affected subcontractor for fabrication or revision. The Construction Manager shall maintain a record to promote expeditious handling. The Construction Manager shall request the Architect-Engineer to make interpretations of the drawings or specifications requested of him by the subcontractors and shall maintain a record to promote timely response. The Construction Manager shall advise the Owner and Architect- Engineer when timely response is not occurring on any of the above. The Construction Manager shall collect, review, and submit to the Owner, all project closeout documentation including operation, maintenance, and training manuals. ARTICLE 4: MAXIMUM PROJECT COST AND FEES FOR SERVICES 4.1 Guaranteed Maximum Price for Construction a) When the Construction Documents are sufficiently complete to establish the scope of work for the project or any portion thereof, the Construction Manager will establish and submit in writing to the Owner for his approval a Guaranteed Maximum Price (GMP) guaranteeing the maximum price to the Owner, for the construction cost of the project or designated part thereof. Such Guaranteed Maximum Price will be subject to modification for changes in the project as provided in article 4.1(e) below. Actual price paid for the work by the Owner, however, shall be the actual cost of all work subcontracts, supply contracts, direct labor costs, direct supervision costs and direct job costs, plus the Construction Manager’s fees or 8 the GMP, whichever is less when the work is complete. Invoicing shall occur monthly for completed work with 5% retainage withheld until final completion and acceptance of all work covered in the contract documents in accordance with the City’s General Conditions. GMP Proposals will be incorporated by reference and attached hereto as exhibits. b) At the time of submission of a Guaranteed Maximum Price, the Construction Manager will verify the time schedule for activities and work which were adopted and used to determine the Construction Manager’s cost of work. In addition to the cost of work, a GMP will include an agreed upon sum as the construction contingency which is included for the purpose of defraying the expenses due to unforeseen circumstances relating to construction. The Construction Manager will be required to furnish documentation evidencing expenditures charged to the contingency prior to the release of funds by the Owner. If bids are received below the applicable line items in the GMP, the surplus will be added to the contingency. c) If bids are received above the applicable line item in the GMP, the deficiency will be taken from the contingency; however, such occurrence shall not be cause to increase the GMP. d) If bids are not received for a portion of the work at or below the applicable line item amount in the GMP, the Construction Manager reserves the right to perform that portion of the work as acknowledged by the Owner or negotiate for its performance for the specified line item lump sum amount or less. e) The increase or decrease in the Guaranteed Maximum Price resulting from a change in the project shall be determined in one or more of the following ways: i. By mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation by the Architect-Engineer and Owner; ii. By unit prices stated in the agreement or subsequently agreed upon; iii. If none of the methods is agreed upon, the Construction Manager, provided it has received a signed written order by the Owner, shall promptly proceed with the work involved. The cost of such work shall then be determined on the basis of the reasonable expenditures and savings of those performing the work attributed to the change. In the event a change order is issued under these conditions, however, the Architect-Engineer will establish an estimated cost of the work and the Construction Manager shall not perform any work whose cost exceeds that estimate without prior written approval by the Owner. In such case, the Construction Manager shall keep and present, in such form as the Owner may prescribe, an itemized accounting together with appropriate supporting data of the increase in the cost of the project. The amount of decrease in the Guaranteed Maximum Price to be allowed by the Construction Manager to the Owner for any deletion or change which results in a net decrease in cost will be the amount of the actual net decrease; iv. The Architect-Engineer will have authority to order minor changes in the 9 project not involving an adjustment in the Guaranteed Maximum Price or an extension of the Construction Completion Date and not inconsistent with the intent of the Drawings and Specifications. Such changes shall be affected by written order. Documentation of changes shall be determined by the Architect-Engineer. Changes shall be approved by the Architect-Engineer. 4.2 Construction Manager’s Fee. In consideration of the performance of the contract, the Owner agrees to pay the Construction Manager as compensation for his services, fees as set forth below: Preconstruction Phase Fee. This fee shall be based on design costs if applicable, constructability review, value engineering and fee determination of Guaranteed Maximum Price. The fee for this phase in the amount of $ TBD shall be paid at the negotiated price upon receipt of the Guaranteed Maximum Price. Preconstruction Service Proposals will be incorporated by reference and attached hereto as exhibits. Construction Phase Fee. Prior to commencement of the Construction Phase, the Owner will direct the Construction Manager in writing to proceed into the Construction Phase. The Construction Manager’s compensation for work or service performed during the Construction Phase shall be a fee of $ TBD. The Construction Phase Fee shall be invoiced and paid in TBD months. Payments will be remitted monthly at the cost of $ TBD each and one final monthly payment of $ TBD. The first monthly payment shall become due thirty days following the issuance of the first Construction Authorization and the final monthly payment shall be paid only when construction of the project is completed and occupancy of the project accepted by the Owner. If construction is authorized only for a part of the project, the fee paid shall be proportionate to the amount of work authorized by the Owner. ARTICLE 5: TERMINATION AND TIME OF THE ESSENCE 5.1 If the Construction Manager is adjudged bankrupt or makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of its insolvency, or if refuses or fails, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper materials for the Services, or otherwise be guilty of a substantial violation of any provision of this Contract as determined by the certificate of the Architect, the Owner may, without prejudice and reserving any other right or remedy the Owner may have, after giving the Construction Manager seven (7) days’ written notice, terminate this Contract with the Construction Manager and take possession of the premises and all materials, tools, and appliances thereon and finish the project in whatever manner the Owner may deem expedient. The City may also terminate this Contract pursuant to Article 15, Section III of the Contract Specifications. 5.2 It is mutually agreed between the Parties hereby that time is of the essence of this Contract, and in the event that the Substantial Completion Date is not achieved within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Construction Manager, the sum of $1,000.00 per day for each day that the 10 work to be performed by the Construction Manager remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Construction Manager to complete the work within the time stipulated, it being further agreed that the sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Construction Manager to complete and perform all work within the time period as specified in this Contract. ARTICLE 6: INDEMNIFICATION 6.1 To the fullest extent permitted by law, Construction Manager agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by the Construction Manager, its contractors, subcontractors, agents, employees, or personnel under this Contract; (ii) any negligent acts, errors, mistakes or omissions by Construction Manager, its contractors, subcontractors, agents, employees, or, personnel; and (iii) Construction Manager, its contractors, subcontractors, agents, employees, or personnel failure to comply with or fulfill the obligations established by this Contract. 6.2 The Construction Manager will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. 6.3 The City assumes no liability for actions of Construction Manager and will not indemnify or hold Construction Manager or any third party harmless for claims based on this Contract or use of Construction Manager provided supplies or services. 6.4 Nothing contained herein shall be construed as a waiver of any immunity from or limitation of liability the City (Owner) may be entitled to under the doctrine of sovereign immunity or section 768.28, Florida Statutes. 6.5 This article shall survive the termination of this Contract. ARTICLE 7: TITLE TO THE PROJECT 7.1 The title of all work, completed portions of the project and in the course of construction, and of all materials on account of which payment has been made shall be in the Owner. ARTICLE 8: ASSIGNMENT 8.1 This Contract shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, except that this Contract may not be assigned by either party without the prior written consent of the other party. Any assignment made without such prior written consent shall not vest rights in the assignee. 11 ARTICLE 9: ADDITIONAL PROVISIONS 9.1 This Contract shall be governed by and construed in accordance with the laws of the State of Florida, and the venue for any dispute under this Contract shall be an appropriate court of competent jurisdiction in Pinellas County, Florida. 9.2 Any notice required to be given by the terms and provisions of this Contract or by any law or governmental regulation, either by the Owner or Construction Manager, shall be in writing unless otherwise required by such law or regulation and shall be deemed to have been served and given when deposited in either Registered or Certified Mail in United States Branch Post Office, addressed to the party hereto to whom directed, at the address specified in the Specifications. 9.3 The language in this Contract shall be construed according to its customary meaning within the Florida building industry. Whenever used, the singular shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 9.4 If any provision of the Contract Documents is invalid or unenforceable as against any person or party, the remainder of the Contract Documents and the applicability of such provision to other persons or parties shall not be affected thereby. 9.5 The Parties are acting herein solely as independent contractors. Nothing herein contained will create or be construed as creating a partnership, joint venture, or agency relationship between the Parties. Each Party acknowledges and agrees that it neither has nor will give the appearance or impression of having any legal authority to bind or commit the other Party in any way. Each Party will be solely responsible for all wages, income taxes, worker’s compensation, and any other requirements for all personnel it supplies in connection with this Contract. 9.6 The City’s performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Clearwater City Council. 12 IN WITNESS WHEREOF, the parties hereto have made and executed this Contract on the date and year first above written. (Corporate Seal) FIRM NAME By: ______________________________ Print Name: ____________________ Title: __________________________ WITNESS: By: ______________________________ Print Name: ____________________ Countersigned: CITY OF CLEARWATER ____________________________ ___________________________________ Frank Hibbard William B. Horne II Mayor City Manager Approved as to form: Attest: ____________________________ ___________________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8168 Agenda Date: 9/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.11 SUBJECT/RECOMMENDATION: Approve Engineer of Record (EOR) work order to Biller Reinhart Engineering Group, Inc., for 2021 Bridges Repair (20-0027-EN) in the amount of $161,150 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Engineering Department is responsible for inspection and maintenance of twenty-six vehicular and pedestrian bridges. Based on bridge inspection reports, provided by (EOR) Biller Reinhart Engineering Group and the Florida Department of Transportation (FDOT), fourteen bridges require preventative maintenance. This periodic maintenance project maximizes service life of city-owned bridges. This work order provides design, bidding services and construction engineering services for the bridge maintenance project. Staff plans to procure a Construction Manager firm, via the City’s Construction Manager at Risk (CMAR) Continuing Services Contract to construct the repairs once the design is complete in early 2021. APPROPRIATION CODE AND AMOUNT: ENRD180002-DSGN-PROSVC $161,150 Funding is available in Capital Improvement project ENRD180002, Bridge Maintenance & Improvements, to fund the work order. Page 1 City of Clearwater Printed on 9/17/2020 Work Order Initiation Form Page 1 of 7 Revised: 5/13/2020 BILLER REINHART ENGINEERING GROUP, INC. WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: June 4, 2020 Consultant Project Number: 20-210 City Project Number: 20-0027-EN City Plan Set Number: 2020017_____ 1. PROJECT TITLE: 2021 Bridges Repair 2. SCOPE OF SERVICES: Biller Reinhart Engineering Group, Inc. (BillerReinhart) understands that the City would like to move forward with the implementation of repair recommendations for fourteen bridge structures within City of Clearwater, outlined in different condition assessment reports from the biennial bridge inspections. This project is to include development of repair/restoration construction documents (drawings and technical specifications). BillerReinhart will provide assistance to the City during the bidding process and construction phase services, including site visits to observe that repair work is in accordance with contract documents. The following structures are included in this proposal: Bridge ID Bridge Name 155503 Douglas Ave./Stevenson Creek 155504 Hercules Ave./Allen Creek 155507 Fairwood Ave./Alligator Creek 155522 Clearwater Pass Bridge 155523 Palmetto St/ Stevenson Creek NQC3CC Beverly Circle Over Allen Creek NQC6CC Druid Road Over Stevenson Creek NQC2CC Hillcrest Ave Over Stevenson Creek NQC7CC Lakeview Road Near MLK NQC14CC Memorial Causeway Trail LQC1CC Rainbow Drive Over Allen Creek Work Order Initiation Form Page 2 of 7 Revised: 5/13/2020 155519 Winward Passage East Bridge 155518 Winward Passage Middle Bridge 155517 Winward Passage West Bridge I. REVIEW PHASE:  Review reports for all fourteen bridges in this project  Brief site visits to review noted conditions requiring repair and to become familiarized with the sites.  Visually review bridge components (i.e. fence and/or rail posts, walls and/or guardrails) that would be affected by the repairs.  Assemble data gathered from our document review and brief site visits for preliminary scope development II. DESIGN PHASE:  BillerReinhart will prepare restoration design documents for Contractor bidding. Bid documents for each bridge structure will include plans and specifications (also known as the Project Manual) signed and sealed by a Professional Engineer licensed in the State of Florida. Design plans will be compiled using the City of Clearwater CAD standards, as attached. III. BIDDING PHASE:  Attend pre-bid meetings  Provide technical assistance during the bid phase of the project. a. Prepare addendums to the bid documents as required b. Provide project correspondence. This task includes providing responses to questions as required/requested, clarify, or expand the bidding documents c. Review bid tabulations, prepare a bid analysis, and assist in selecting a successful bidder IV. CONSTRUCTION PHASE:  Project submittals will be reviewed to verify products conform to project specifications.  In the event of change orders by the contractor, BillerReinhart will review and respond to change orders as needed. A potential change order will be verified for necessity and cost basis.  Requests for information by the contractor will be reviewed, responded to, and documented.  BillerReinhart will perform construction phase site visits to observe project construction. The purpose of the site visits will be to review the completed work and verify the work generally conforms to project specifications and schedule.  Summary reports will be issued to document observations made during site visits including construction milestones, phases of construction, percentage of work completed, items required by the contractor to be corrected, etc. Work Order Initiation Form Page 3 of 7 Revised: 5/13/2020 3. PROJECT GOALS: City of Clearwater Bridge Repairs Review Phase and Preliminary Scope The goal of the review phase is to develop a preliminary scope of work by assembling data gathered from our document review and brief site visits. Also, to familiarize the team with the sites by visually reviewing the bridges. Design Phase and Project Manual The goal of the design phase is to develop design and bidding documents necessary to successfully implement the restoration projects for the fourteen bridge structures within the City of Clearwater mentioned above. The project manual for each bridge structure will contain technical specifications and drawings/details for restoration. The bidding documents in the Project Manual will be based on estimated repair quantities gathered during the previously completed brief site visits and previous reports. 4. BUDGET: See Attachment “B” This price includes all labor and expenses anticipated to be incurred by Biller Reinhart Engineering Group, Inc. for the completion of these tasks in accordance with Professional Services Method “A” – Cost Times Multiplier Basis , for a fee not to exceed One Hundred Sixty- One Thousand One Hundred Fifty Dollars ($161,150.00). 5. SCHEDULE: The Review and Design phases of the project are to be completed within 3 months (or 90 days) from issuance of notice-to-proceed. The project deliverables are to be phased as follows: Review Phase 30 calendar days Design Phase 60 calendar days Bidding Phase TBD Construction Phase TBD Work Order Initiation Form Page 4 of 7 Revised: 5/13/2020 6. STAFF ASSIGNMENT: Biller Reinhart Engineering Group, Inc. Anticipated Staff Name Staff Assignment Brian E. Walter, P.E. Project Manager and Lead Design Engineer Nathalia Hernandez, E.I., Caitlin Williams Project Engineers and Site Visit Representatives Rolando Morffy, Randy Cook CAD Technicians 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to: Brian E. Walter, P.E. bwalter@billerreinhart.com Office: 813-908-7203 Cell: 813-468-5994 All City project correspondence shall be directed to: Ivan Dimitrov, Project Manager, with copies to others as may be appropriate. 8. INVOICING/FUNDING PROCEDURES: For work performed, invoices shall be submitted monthly to the: City of Clearwater, Engineering Department Att. Veronica Josef, Senior Staff Assistant PO Box 4748 Clearwater, Florida 33758-4748. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: ENRD180002-DSGN-PROSVC 9. INVOICING PROCEEDURES: At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A. Purchase Order, Project and Invoice Numbers and Contract Amount. B. The time period (begin and end date) covered by the invoice. C. A short narrative summary of activities completed in the time period. D. Contract billing method – Lump Sum or Cost Times Multiplier. Work Order Initiation Form Page 5 of 7 Revised: 5/13/2020 E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. SPECIAL CONSIDERATIONS: The consultant named above is required to comply with Section 119.0701, Florida Statutes (2013) where applicable. 1. This proposal is based on no special access equipment will be required to access any areas of the structure. This proposal does not include any special under bridge access equipment or any needed maintenance of traffic that would be required to deploy such equipment. PREPARED BY: APPROVED BY: ________________________ ________________________ Brian E. Walter, PE Tara Kivett, PE Principal Structural Engineer City Engineer Biller Reinhart Engineering Group, Inc. City of Clearwater ___________________ ___________________ Date Date Work Order Initiation Form Page 6 of 7 Revised: 5/13/2020 ATTACHMENT “A” City of Clearwater Engineering Department WORK ORDER INITIATION FORM CITY DELIVERABLES 1. FORMAT: The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES: The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or email address Tom.Mahony@myClearwater.com. All electronic files (CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Work Order Initiation Form Page 7 of 7 Revised: 5/13/2020 ATTACHMENT “B” City of Clearwater Bridge Repairs BILLER REINHART ENGINEERING GROUP, INC. WORK ORDER INITIATION FORM PROJECT BUDGET Task Description Subconsultant Services Labor Total 1.0 Review Phase 1.1 Document Review $0 $2,497.00 $2,497.00 1.2 Brief Site Visits $0 $7,110.00 $7,110.00 1.3 Preliminary Scope Development $0 $8,793.00 $8,793.00 1.4 Task Allowance (10%) $0 $1,840.00 $1,840.00 Review Phase Total: $ 20,240.00 2.0 Design Phase 2.1 Repairs Design $0 $5,555.00 $5,555.00 2.2 Technical Specifications $0 $21,405.00 $21,405.00 2.3 Drawing Preparation $0 $24,840.00 $24,840.00 2.4 Task Allowance (10%) $0 $5,180.00 $5,180.00 Design Phase Total: $ 56,980.00 3.0 Bidding Phase 3.1 Pre-Bid Meeting $0 $2,534.00 $2,534.00 3.2 Correspondence $0 $2,534.00 $2,534.00 3.3 Prepare Addendums $0 $6,477.00 $6,477.00 3.4 Bid Review and Analysis $0 $6,055.00 $6,055.00 3.5 Task Allowance (10%) $0 $1,760.00 $1,760.00 Bidding Phase Total: $ 19,360.00 4.0 Construction Phase Services 4.1 Shop Drawings/Submittals $0 $12,165.00 $12,165.00 4.2 Pre-Construction Meeting $0 $10,184.00 $10,184.00 4.3 Contractors RFI’s $0 $5,092.00 $5,092.00 4.4 CA Site Visits and Reports $0 $21,217.00 $21,217.00 4.5 Closeout Documentation $0 $10,042.00 $10,042.00 4.6 Task Allowance (10%) $0 $5,870.00 $5,870.00 Construction Phase Total: $64,570.00 Grand Total $ 161,150.00 ^ ^ ^ ^ ^^^^ ^ ^^ ^ ^ ^ LAKEVIEW RD S HIGHLAND AVE N HIGHLAND AVE US HWY 19 NSR 580 DREW ST GULF-TO-BAY BLVD N KEENE RD CURLEW RD COURT ST N HERCULES AVE COURTNEY CAMPBELL CSWY SR 590 S KEENE RD S MISSOURI AVE MEMORIAL CSWY NE COACHMAN RD N MYRTLE AVE LOCATION MAP Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\20-0027EN_Loc.mxd Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page 1 of 1XXXXGrid #:XX-XXs-XXeS-T-R:IDReviewed By: 2021 Bridges RepairProject Number: 20-0027-EN WDMap Gen By: ² N.T.S.Scale:Date:8/27/2020 Legend Clearwater Service Area Area not in Clearwater Jurisdiction Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8177 Agenda Date: 9/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.12 SUBJECT/RECOMMENDATION: Approve Change Order Two to Paramount Painting and Services, Inc. of Tampa, FL, for East WRF RDT Building Repair (18-0016-UT) in the amount of $98,814, increasing the contract from $131,580 to $230,394, and authorize the appropriate officials to execute same. (consent) SUMMARY: A concrete floor slab at the East Water Reclamation Facility (WRF) Rotary Drum Thickener (RDT) building has deteriorated to a level requiring repairs. The City engaged an Engineer of Record to prepare repair documents and solicit bids. January 15, 2020, City Manager approved a construction contract to Paramount Painting & Services, Inc for structural restoration in the amount of $59,435 awarded to this contractor under Bid #18-0016-UT, East WRF RDT Building Condition Assessment. June 4, 2020, City Council approved Change Order One for additional structural reinforcement and shoring to address accelerated deterioration of structural supports in the amount of $72,145. Change Order Two is to address unforeseen full depth concrete structural deterioration to the concrete floor slab discovered during demolition and to relocate electrical conduits that were not anticipated to be in the old floor slab. This project has encountered more unforeseen issues than typical restoration. It is challenging to accurately ascertain condition of concrete due to available test methods, as well as inaccessibility to critical portions of the building and rapid deterioration. Due to the significant scope increase, the contractor reduced original unit prices on the most used line items. APPROPRIATION CODE AND AMOUNT: 3277327-546700-M1907 Funds are available in Utility Renewal and Replacement project M1907, East Plant Repair and Replacement. Page 1 City of Clearwater Printed on 9/17/2020 Change Order 2 DATE: June 24, 2020 PROJECT: PROJECT NUMBER:18-0016-UT East WRF RDT Building Repair PO REFERENCE: 20000694 CONTRACTOR: Paramount Painting & Services Inc.DATE OF CONTRACT:January 15, 2020 4613 N. Hesperides St Tampa, FL 33614-6911 CODE:3277327-546700-M1907 SCOPE OF CHANGE: This Change Order Accepts Revisions to the Contract STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: Paramount Painting & Services Inc ORIGINAL CONTRACT AMOUNT 59,435.00$ 72,145.00$ By: (SEAL) 98,814.00$ Jeff Heim,President NEW CONTRACT AMOUNT 230,394.00$ Date: Frank Hibbard Mayor Witnesses: APPROVED AS TO FORM: Owen Kohler,Assistant City Attorney ATTEST: Recommended By: Rosemarie Call, City Clerk City of Clearwater Date: CITY OF CLEARWATER, in Ivan Dimitrov, Project Manager PINELLAS COUNTY, FLORIDA William B. Horne, II City Manager Tara Kivett, PE,City Engineer due to unforseen structual deterioration discovered upon demolition - see attached. Change Order 1 - City Council 6/4/2020 Change Order 2- City Council 9/3/2020 Page 2 of 2: Change Order 2 East WRF RDT Building Repair ITEM DESCRIPTION UNIT QTY UNIT COST TOTAL COST Decreases: 3 Horizontal Concrete Repair: delaminated areas, spalls, and exposed reinforcement ar 2nd floor slab surface CF 24 375.00$ (9,000.00)$ 4 Overhead Concrete Repair: delaminated areas, spalls, and exposed reinforcement at 2nd floor underside, including adjacent beams where necessary CF 15 450.00$ (6,750.00)$ 14 Full depth concrete repairs due to severity of existing corrosion CF 70 465.00$ (32,550.00)$ Total (decreases):(48,300.00)$ Increases: 9 All Other Work Not Included in Line Items 1, 2, 3, 4, 5 6, 7, and 8 to Repair the East RDT Floor Slab LS 0.78132 11,455.00$ 8,950.00$ 17 Structure Stabilization LS 0.64709 17,455.00$ 11,295.00$ 18 Contingency LS 3.06971 5,365.00$ 16,469.00$ Total Increases: 36,714.00$ Additions: 19 Horizontal Concrete Repair: delaminated areas, spalls, and exposed reinforcement ar 2nd floor slab surface CF 50 325.00$ 16,250.00$ 20 Full depth concrete repairs due to severity of existing corrosion CF 180 450.00$ 81,000.00$ 21 Electrical Repairs LS 1 13,150.00$ 13,150.00$ Total Additions Code:110,400.00$ Total Net (Decreases)/Increases/Additions Code:98,814.00$ DREW ST BAYV I EW AV E GULF-TO-BAY BLVD BAYSI DE BRG BAY LN C R 3 1 N BAYSHORE BLVD DOWNING ST JOHNS PKWY CHAMBLEE LN K ST S McMULLEN BOOTH RD N McMULLEN BOOTH RD BORDEAUX LN COURTNEY CAMPBELL CSWY S BAYSHORE BLVD CALAIS LN CAROLINA AVE CLEVELAND ST BAY LN LOCATION MAP PROJECTLOCATION ^ Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\18-0016-UT.mxd ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com N.T.S.Scale: East WRF RDT Building RepairProject Number: 18-0016-UT Page: 1 of 18/28/2020Date:301AGrid #:20-29s-16eS-T-R:WDMap Gen By:IDReviewed By: Legend Clearwater Service Area Area not in Clearwater Jurisdiction Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8193 Agenda Date: 9/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.13 SUBJECT/RECOMMENDATION: Ratify and confirm $38,000 of the $140,870 work order for America’s Water infrastructure Act and Public Utilities Emergency Response Plans (19-0030-UT), approve a five-year agreement with Black and Veatch, of Tampa, Florida, per RFQ 30-20, and authorize the appropriate officials to execute same. (consent) SUMMARY: The America’s Water Infrastructure Act (AWIA) requires water systems serving more than 3,300 residents to conduct a Risk and Resilience Assessment (RRA) and update their Emergency Response Plan (ERP). Congress and the EPA have mandated that utilities consider typical water assets along with mission critical support services such as finance and information technology. The RRA and ERP includes considerations of risks to the water system as well as the systems resiliency from both natural hazards (hurricanes, storm surge, etc.) and malevolent acts (physical and cyber-attacks). Black and Veatch has completed the RRA in the amount of $200,000. Due to the cumulative cost of the project, Procurement and Engineering issued Request for Qualifications (RFQ) 30-20, America’s Water infrastructure Act & Public Utilities Emergency Response Plans, to procure a consultant to complete the ERP. The RFQ closed on April 23, 2020 and Black and Veatch was selected to perform these services. To meet EPA’s late September deadline for the potable water ERP, the consultant used a small portion of this proposed workorder prior to City Council approval. Most of the work order fees cover completion of ERPs for other Public Utility systems with later due dates. This work order enables the City to comply with AWIA. In addition to the potable water system, this project includes updating the ERPs for each of the other Public Utilities Divisions. APPROPRIATION CODE AND AMOUNT: 3217321-530100-96721 $140,870 Funding is available in capital improvement project 96721, System R&R, in the amount of $140,870 to fund this work order. Page 1 City of Clearwater Printed on 9/17/2020 WORK ORDER INITIATION FORM 1 of 11 Revised: 8/24/2020 Black & Veatch WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: ___________ Consultant (ENGINEER) Project Number: 403617 City Project Number: 19-0030-UT_ 1. PROJECT TITLE: America’s Water Infrastructure Act & Public Utilities Emergency Response Plan 2. SCOPE OF SERVICES: BACKGROUND In October 2018, the America’s Water Infrastructure Act (AWIA or the “Act”) introduced a new requirement for water systems to conduct a Risk and Resilience Assessment (RRA) and prepare an Emergency Response Plan (ERP) that incorporates the findings of the RRA. This Scope of Services is prepared to provide the CITY with an AWIA ERP to enable certification of compliance with the Act (Phase I). Although not required by the Act, the City has elected to prepare a similar ERP for the entire Public Utilities Department (Phase II). The City of Clearwater submitted the RRA compliance on March 26, 2020, which dictates that the potable water ERP compliance is due by September 25, 2020. Phase I – America’s Water Infrastructure Act Emergency Response Plan: Based on the previously completed RRA report, ENGINEER will develop an ERP as required by the AWIA for community (drinking) water systems and submit the AWIA ERP to the United States Environmental Protection Agency (EPA) by the mandatory deadline of September 25, 2020. Phase II – Public Utilities Emergency Response Plan: Upon completion of Phase I, the ENGINEER will develop ERPs for the other Divisions within the Public Utilities Department. The Phase II ERPs will be based upon the Department’s existing ERPs, updating the format and content similar to the plan developed during Phase I - AWIA ERP. The following Divisions are included in Phase II: Industrial Pretreatment, Wastewater Collection, Water Reclamation Reclaimed Water Infrastructure Maintenance and will also include Administration and the CITY’s Laboratory at the Marshall Street WRF. WORK ORDER INITIATION FORM 2 of 11 Revised: 8/24/2020 I. SCOPE OF SERVICES Task 1 – Project Management Task 1.1 – Project Management and Administration ENGINEER will perform general administrative duties associated with the Project, including project set-up, resource management, progress monitoring, scheduling, general correspondence, office administration, and invoicing. ENGINEER will maintain an accurate project documentation, filing, and project cost accounting system throughout the project. ENGINEER will maintain an accurate project schedule throughout the project. Task 1.2 Quality Assurance and Quality Control ENGINEER will maintain continuous control over the quality of all its work efforts. This will include oversight and review by the Project Manager, Engineering Manager and Quality Control Manager. ENGINEER will perform management of the Quality Assurance / Quality Control (QA/QC) Program for the project. A QA/QC Plan will be developed at the beginning of the project assigning appropriate QA/QC reviewers and approximate schedule for performing the QA/QC reviews. ENGINEER’s Quality Control Manager will coordinate and manage the QA/QC program in accordance with the QA/QC Plan. The intent of the QA/QC program is that all project deliverables to the CITY receive an appropriate QA/QC review prior to submittal. Time for the QA/QC reviewers to perform the reviews is included in the corresponding scope tasks. ENGINEER will create and maintain a “Comment-Response Log” in Word format. CITY will provide comments on the draft deliverables, and ENGINEER will respond to each comment using the log. Following submission of each deliverable and receipt of CITY comments, a Comment Review Meeting will be held. Prior to the meeting, ENGINEER will present the log of comments and list of questions to be discussed and clarified at the Comment Review Meetings. Rows will not be deleted from the log (even if responded to/ resolved) and the entire log workbook will be delivered to the CITY at the conclusion of the project. It is assumed that the ENGINEER’s Project Manager and Engineering Manager will attend the Comment Review Meetings virtually using Microsoft Teams, unless otherwise requested by the CITY. Anticipated Comment Review Meetings with the CITY include: - Risk Mitigation Plan - Emergency Response Plan - Public Utilities Emergency Response Plan To streamline the file sharing process and facilitate collaboration, ENGINEER will provide CITY staff access toto documents via ProjectWise (the document management software used by Black & Veatch). A SharePoint-based system provides an easy-to-use website interface which links to the ProjectWise database. Allowing CITY and ENGINEER to both access the document repository will enhance project collaboration and ease of file sharing. WORK ORDER INITIATION FORM 3 of 11 Revised: 8/24/2020 Throughout the project, ENGINEER will maintain an organized document management filing system including all reference documents used throughout the project (e.g. assumptions, data points, reports referenced, meeting agenda, sign-in sheets, minutes, files of correspondence, etc.). At the end of the project, ENGINEER will compile the reference documents into a Project Catalog (including decision logs, comment-response logs and ProjectWise login information) and deliver it to the CITY. Task 1 Deliverables: • Monthly activity reports with sufficient detail to support invoices concurrent with work (PDF format) • Project Catalog (PDF) Task 5 – Contingency Task 6 – AWIA Emergency Response Plan (Phase I) ENGINEER will generally follow the EPA’s template for Emergency Response Plans (issued July 2019) which requires the Emergency Response Plans to include the following key components: • Resilient Strategies: Strategies and resources to improve the resilience of the system. Roles and responsibilities, communications, regional coordination • Emergency Plans and Procedures: Response plans and procedures (core and incident-specific) • Risk Mitigation Actions: Alternative source water options, interconnections, redundancy improvements, asset hardening, physical and cybersecurity countermeasures • Detection Strategies: Intrusion detection, source water contamination, cyber intrusion, etc. Task 6.1 - Risk Mitigation Plan ENGINEER will provide a draft and final Risk Mitigation Plan with recommendations roadmap for system and facility improvements and define longer-term improvements, if required. ENGINEER will WORK ORDER INITIATION FORM 4 of 11 Revised: 8/24/2020 incorporate comments from the CITY and update the Risk Mitigation Plan to address these comments. An electronic copy of the draft and final Risk Mitigation Plan will be provided for comments. This task is building upon the Water System RRA and focusing on the top three risk categories. It does not include the wastewater or reclaimed water systems. Task 6.2 - AWIA Emergency Response Plan ENGINEER will work with the CITY to update its existing potable water ERP and develop additional Incident-Specific Response Procedures for the three water treatment plants and system. Task 6.26 will include conference calls with CITY staff responsible for developing and maintaining the potable water emergency plan. The strategies and resources to improve resilience, update emergency response plans, develop/ update the Risk Mitigation Plan (City Project No. 19-0030-UT) and recommended detection strategies will be incorporated into a draft and final ERP document per the template provided by the EPA. An electronic copy of the draft ERP will be provided for review and comment. ENGINEER will incorporate comments from the CITY and update the ERP to address these comments then will submit the final version. The CITY will be responsible for filling out and submitting the ERP form on the EPA website. Furthermore, the individual who registers the CITY on the EPA website must be the same individual who certifies the ERP. Task 6 Deliverables: • Data request list (Email, Word or Excel) • Draft Risk Mitigation Plan (Word) • Final Risk Mitigation Plan (PDF and Word document with track changes) • Draft AWIA Emergency Response Plan (Word) • Final AWIA Emergency Response Plan (PDF and Word document with track changes) • Comment-Response Log (Word) Task 7 – Public Utilities Emergency Response Plan (Phase II) ENGINEER will use the same format as the AWIA Emergency Response Plan. The Emergency Response Plan Procedures section will be divided into the City’s Divisions for easy reference and access. Task 7.1 – Public Utilities Data Collection and Review ENGINEER will create and maintain a “Data Request Tracking Log” documenting date and item requested, date provided and by whom from CITY. ENGINEER will follow the CITY’s policies on protection of sensitive information and will implement necessary processes to keep information secure throughout the project. ENGINEER will then review documentation provided by the CITY. The information request will be a live document and will be updated as additional items are identified. Task 7.2 – Water Reclamation Facility Site Visits and Interviews WORK ORDER INITIATION FORM 5 of 11 Revised: 8/24/2020 ENGINEER will conduct site visits and staff interviews as necessary to understand the needs of the Divisions to be added to ERP during Phase II of the Update. (Industrial Pretreatment, Wastewater Collection, Water Reclamation, Reclaimed Water Infrastructure Maintenance Public Utilities Administration and the CITY’s Laboratory at the Marshall Street WRF). At a minimum this will include site visits to the three water reclamation facilities (WRF) and appropriate reclaimed water infrastructure and will interview staff in preparation for formulating the various Incident-Specific Response Procedures and the Public Utilities Emergency Response Plan. Site visits may include observation of up to 5 lift stations, but it is not necessary for ENGINEER to visit all lift stations, however, will rely on information provided in the Wastewater Collection system project documents (which will be included in the data request to CITY). A data collection list and health & safety plan will be prepared prior to the site visits. It is assumed that all site visits for this task will occur within 2 - 4 days and will be performed by local professionals. Task 7.3 Public Utilities Emergency Response Plan ENGINEER will work with the CITY to update the existing Public Utilities Emergency Response Plan (Industrial Pretreatment, Wastewater Collection, Water Reclamation, Reclaimed Water Infrastructure Maintenance Public Utilities Administration and the CITY’s Laboratory at the Marshall Street WRF) to develop new Incident-Specific Response Procedures as required. This task will include conference calls with CITY staff responsible for developing and maintaining emergency plans. The strategies and resources to improve resilience, update emergency response plans, and recommend detection strategies will be incorporated into an electronic draft ERP document per the template provided by the EPA. CITY will provide comments on the draft Public Utilities ERP within 3 weeks of receipt. ENGINEER will incorporate comments from the CITY and update the Public Utilities ERP to address these comments then will submit the final version. Task 7 Deliverables: • Data request log (Email, Word or Excel) • Draft Public Utilities Emergency Response Plan (Word) • Final Public Utilities Emergency Response Plan (PDF) • Comment-Response Log (Word) 3. PROJECT GOALS: To comply with the EPA’s requirements set forth in the America’s Water Infrastructure Act, the CITY, with the support of the ENGINEER, will incorporate risk and resilience management strategies (developed in City Project No. 19-0030-UT) and update the CITY’s Emergency Response Plans (ERPs). The objective of this Scope of Services is to develop the following required components of an ERP: • Strategies and resources to improve the resilience of the system WORK ORDER INITIATION FORM 6 of 11 Revised: 8/24/2020 • Emergency Response Plans and procedures (for AWIA compliance and for Public Utilities) • Risk Mitigation Actions • Detection Strategies 4.BUDGET: This price includes all labor and expenses anticipated to be incurred by ENGINEER for the completion of these tasks in accordance with Professional Services Method “A” – Hourly Rate for a fee not to exceed one hundred forty thousand, eight hundred seventy Dollars ($140,870.00). No application fees are anticipated for the Scope of Services described herein. 5.SCHEDULE: ENGINEER proposes to perform the work on a continuing basis from issuance of Notice to Proceed (NTP) through the following estimated time-frame for completion. NTP is assumed to be issued no later than September 17, 2020, after the City Council Meeting that day. This schedule assumes the City will respond with comments for draft deliverables within 3 weeks for the Public Utilities ERP deliverable. Task Deliverable/ Activity Description Date or Days Past NTP 1 Monthly activity reports with sufficient detail to support invoices concurrent with work (PDF format) Monthly 6 Draft Risk Mitigation Plan – Phase I (Word) September 18, 2020 6 Final Risk Mitigation Plan – Phase I (PDF) September 21, 2020 6 Draft AWIA Emergency Response Plan – Phase I (Word) September 22, 2020 6 Final AWIA Emergency Response Plan – Phase I (PDF) September 24, 2020 ERP Compliance Deadline to EPA September 25, 2020 7 Draft Public Utilities Emergency Response Plan (Word) – Phase II November 26, 2020 7 Final Public Utilities Emergency Response Plan (PDF) – Phase II December 31, 2020 6. STAFF ASSIGNMENTS: CITY Staff: Glenn Daniel Project Manager Fred Hemerick Public Utilities Site Representative (Water Production Assistant Manager) Jeremy J. Brown, PE Utilities Engineering Manager WORK ORDER INITIATION FORM 7 of 11 Revised: 8/24/2020 Richard G. Gardner, PE Public Utilities Assistant Director Jason Jennings Water Environmental Technologies Manager Michael Gilliam Infrastructure Maintenance Manager Barry Robinson Administrative Support Manager Hatem Elgendi Acting Laboratory Manager ENGINEER Staff: ENGINEER Project Manager – Amanda Schwerman ENGINEER Engineering Manager – Deanna Hamilton ENGINEER Quality Control Manager – Rebecca Oliva ENGINEER support staff - various 7. CORRESPONDENCE/REPORTING/COMMUNICATION PROCEDURES: ENGINEER’s project correspondence shall be directed to: Amanda Schwerman - Black & Veatch Project Manager (813) 207-7943 SchwermanA@bv.com Deanna Hamilton - Black & Veatch Engineering Manager (813) 282-4163 HamiltonD@bv.com Rebecca Oliva - Black & Veatch Quality Control Manager (813) 282-4189 OlivaR@bv.com All CITY project correspondence shall be directed to: Glenn Daniel - Water, Reclaim & Wastewater Collections Manager (727) 562-4960 ext: 7249 Glenn.Daniel@myClearwater.com with copies to the Utilities Engineering Manager and Public Utilities Assistant Director. ENGINEER acknowledges that all CITY directives shall be provided by the CITY Project Manager. In addition to the original copies delivered as stated in the Scope of Services, all project deliverables will be submitted in electronic format or other CITY-approved device prior to approval of final invoice. 8. INVOICING/FUNDING PROCEDURES: For work performed, invoices shall be submitted monthly to the: City of Clearwater, Engineering Department Att. Veronica Josef, Senior Staff Assistant PO Box 4748 Clearwater, Florida 33758-4748. WORK ORDER INITIATION FORM 8 of 11 Revised: 8/24/2020 Contingency services will be billed as incurred only after written authorization provided by the CITY to proceed with those services. CITY Invoicing Code: __3217321-530100-96721__________________ 9. INVOICING PROCEDURES At a minimum, in addition to the invoice amount(s), the following information shall be provided on all invoices submitted on the Work Order: A. Purchase Order, Project and Invoice Numbers and Contract Amount. B. The time period (begin and end date) covered by the invoice. C. A narrative summary of activities completed in the time period D. Contract billing method – Lump Sum or Hourly Rate E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F. If Hourly Rate, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. SPECIAL CONSIDERATIONS: The ENGINEER named above is required to comply with Section 119.0701, Florida Statutes (2013) where applicable. Specific CITY responsibilities: • Provide current copies of or access to relevant information and documents as requested through the data request. • Facilitate scheduling of the meetings and coordination as to ensure the most appropriate people are in attendance as feasible. • Review draft submittals and provide comments in Word format within three weeks of submittal, unless requested and agreed to upon submittal to meet the compliance deadline, for inclusion in the final submittal. • Coordinate with other CITY departments and staff outside direct involvement on this project. Specific ENGINEER responsibilities: • (With guidance from the CITY PM) produce agendas, sign-in sheets and minutes for all meetings. • Prepare a health and safety plan when any site work or site visits are conducted. • Assist the CITY in identifying the appropriate attendees for each meeting. WORK ORDER INITIATION FORM 9 of 11 Revised: 8/24/2020 PREPARED BY: ________________________ Rafael E. Frias, III, P.E. Associate Vice President Black & Veatch Corporation ________________________ Date APPROVED BY: ________________________ Tara Kivett, P.E. City Engineer City of Clearwater ________________________ Date Attachment “A” WORK ORDER INITIATION FORM 10 of 11 Revised: 8/24/2020 CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM CITY DELIVERABLES 1. FORMAT The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the ENGINEER shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. If unavailable, Land Desktop files are still acceptable, however the City of Clearwater is currently phasing out Land Desktop. NOTE: If approved deviation from Clearwater CAD standards are used the ENGINEER shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562 4762 or email address Tom.Mahony@myClearwater.com. All electronic files (including CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Attachment “B” WORK ORDER INITIATION FORM 11 of 11 Revised: 8/24/2020 America’s Water Infrastructure Act (AWIA) & Public Utilities Emergency Response Plans City Project No. 19-0030-UT Black & Veatch WORK ORDER INITIATION FORM PROJECT BUDGET Task Description Subconsultant Services Labor Total 1.0 Project Management 1.1 Project Management and Administration $15,224 $15,224 1.2 Quality Assurance and Quality Control $6,272 $6,272 $21,496 5.0 Contingency 5.1 Contingency $11,000 $11,000 $11,000 6.0 AWIA Emergency Response Plan (Phase I) 6.1 Risk Mitigation Plan $12,078 $12,078 6.2 AWIA Emergency Response Plan $34,852 $34,852 $46,930 7.0 Public Utilities Emergency Response Plan (Phase II) 7.1 Public Utilities Data Collection and Review $6,572 $6,572 7.2 Water Reclamation Facility Site Visits and Interviews $19,720 $19,720 7.3 Public Utilities Emergency Response Plan $34,652 $34,652 $60,944 Subtotal, Labor and Subcontractors $140,370 Permit Review Fees $0 9.1 Other Direct Costs (prints, photocopies, postage, etc.) (Not applicable to lump sum Work Orders) $500 Grand Total $140,870 1 MASTER AGREEMENT BETWEEN CITY OF CLEARWATER AND BLACK & VEATCH CORPORATION RFQ #30-20 AMERICA’S WATER INFRASTRUCTURE ACT & PUBLIC UTILITIES EMERGENCY RESPONSE PLANS This AGREEMENT is made and entered into on the _____ day of September 2020 by and between the City of Clearwater, Florida (CITY) and Black & Veatch Corporation. (CONSULTANT). WITNESSETH: WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional services pertinent to such work in accordance with this Agreement; and WHEREAS, the CONSULTANT desires to provide such professional services in accordance with this Agreement; and WHEREAS, the CITY selected the CONSULTANT in accordance with the competitive selection process described in Section 287.055 of the Florida Statutes, and based on information and representations given by the CONSULTANT in a response to Request For Qualifications #30-20. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: 1.0 GENERAL SCOPE OF THIS AGREEMENT The relationship of the CONSULTANT to the CITY will be that of a professional consultant, and the CONSULTANT will provide the professional and technical services required under this Agreement in accordance with acceptable engineering practices, by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of Florida, and ethical standards. 2.0 PROFESSIONAL TECHNICAL SERVICES 2.1 It shall be the responsibility of the CONSULTANT to work with and for the CITY to perform an array of services for the City as set forth in RFQ #30-20, Scope of Services. 2.2 The CONSULTANT’S services under this Agreement will be provided under project specific Work Orders. Each Work Order will include the services for a single project, phase, task or assignment, and will contain a mutually agreed-upon detailed scope of services, project goals, fee and schedule of performance in accordance with applicable fiscal and budgetary constraints. Work Orders will be incorporated by reference and attached hereto this Agreement. 2 Total compensation for all services shall not exceed $140,870.00 (one hundred forty thousand, eight hundred seventy U.S. dollars) unless specifically authorized by the City Council. See Work Order attached hereto as Exhibit B. 2.3 The CONSULTANT shall maintain an adequate and competent staff of professionally qualified personnel available to the CITY for the purpose of rendering the required engineering and/or consultant services hereunder, and shall diligently execute the work to meet the completion time established in the Work Orders. The CONSULTANT shall notify the CITY by U.S. Mail addressed to the City Engineer of any changes in company contact information, including but not limited to contact phone, address, project manager, email addresses, etc. 2.4 The CITY reserves the right to enter into contracts with other engineering and/or architect firms for similar services. The CONSULTANT will, when directed to do so by the CITY, coordinate and work with other engineering and/or architectural firms retained by the CITY. 2.5 The CITY reserves the right to remove any and all projects, phases, tasks or assignments in Section 2.1 of this Agreement. The CITY further reserves the right to enter into contracts with other engineering firms for services related to such projects, phases, tasks or assignments. The CONSULTANT will, when directed to do so by the CITY, coordinate and work with other engineering firms retained by the CITY. 3.0 PERIOD OF SERVICES 3.1 The CONSULTANT shall begin work promptly after receipt of a fully executed Work Order. Receipt of a fully executed Work Order shall constitute written notice to proceed. 3.2 If the CONSULTANT’S services are delayed for reasons beyond the CONSULTANT’S control, the time of performance shall be adjusted as appropriate. 3.3 It is the intent of the parties hereto that this Agreement continue in force for a period not to exceed to five (5) years, subject to the provisions for termination contained herein. Assignments that are in progress at the Termination Date shall be completed by the CONSULTANT unless specifically terminated by the CITY. Should the CONSULTANT be in the progress of completing work under this Agreement at the Termination Date, this Agreement shall continue with all terms, conditions and obligations being in full force and effect until such time as the work is completed. All provisions expressly intended to survive termination shall do so. 4.0 PROFESSIONAL SERVICES/CONSULTANT’S COMPETITIVE NEGOTIATION ACT (CCNA) Professional Services provided under this Agreement are within the scope of the practice of architecture, landscape architecture, professional engineering, or registered land 3 surveying and mapping, as defined by the laws of the State of Florida. Provisions of F.S. 287.055 apply. 5.0 GENERAL CONSIDERATIONS 5.1 All documents including field books, drawings, specifications, calculations, geotechnical investigation reports, etc., used in the preparation of the work shall be supplied by the CONSULTANT and shall become the property of the CITY. The CITY acknowledges that such documents are not intended or represented to be suitable for use by the CITY or others for purposes other than those for which the documents are prepared. Any reuse of these documents without written verification or adaptation by the CONSULTANT for the specific purpose intended will be at the CITY’s sole risk without liability or legal exposure to the CONSULTANT. 5.2 The CONSULTANT shall prepare preliminary construction cost estimates with each design submittal to verify the proposed design is within the City project budgets. The CONSULTANT shall prepare a final estimate of probable construction costs, following CITY approval of the bid documents and other pre-bid activities. The CITY hereby acknowledges that estimates of probable construction costs cannot be guaranteed, and such estimates are not to be construed as a promise that designed facilities will not exceed a cost limitation. 5.3 The CONSULTANT will provide expert witnesses, if required, to testify in connection with any suit at law relating to this Agreement. A supplemental agreement will be negotiated between the CITY and the CONSULTANT describing the services desired and providing a basis for compensation to the CONSULTANT. 5.4 Upon the CONSULTANT’S written request, the CITY will furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually deem necessary. CONSULTANT may reasonably rely on such information provided by the CITY. 5.5 The CITY and the CONSULTANT each bind themselves and their successors, legal representatives and assigns to the other party to this Agreement and to the partners, successors, legal representatives and assigns of each other party, in respect to all covenants of this Agreement; and, neither the CITY nor the CONSULTANT will assign or transfer its interest in this Agreement without written consent of the other. 5.6 To the fullest extent permitted by law, the CONSULTANT agrees to indemnify and hold harmless the CITY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of this CONSULTANT under this AGREEMENT. Notwithstanding any provision herein to the contrary, this paragraph shall not be construed as a waiver of any immunity to which CITY is entitled or the extent of any limitation of liability pursuant to § 768.28, Florida Statutes. Furthermore, this provision is not intended to nor shall it be interpreted as limiting or in 4 any way affecting any defense CITY may have under § 768.28, Florida Statutes or as consent to be sued by third parties. The obligations under this paragraph shall expressly survive termination or expiration of this Agreement. 5.7 The CONSULTANT agrees not to engage the services of any person or persons in the employ of the CITY to an allied capacity, on either a full or part-time basis, on the date of the signing of this Agreement, or during its term. 5.8 Key personnel assigned to CITY projects by the CONSULTANT shall not be removed from the projects until alternate personnel acceptable to the CITY are approved in writing by the CITY. Key personnel are identified as: Project Manager and technical experts. 5.9 The CONSULTANT shall attach a brief status report on the projects with each request for payment. 5.10 Unless otherwise required by law or judicial order, the CONSULTANT agrees that it shall make no statements, press releases or other public communication concerning this Agreement or its subject matter or otherwise disclose or permit to be disclosed any of the data, technical processes, business affairs or other information obtained or furnished in the conduct of work under this Agreement without first notifying the CITY and securing its consent in writing. The CONSULTANT also agrees that it shall not publish copyright or patent any of the site-specific data or reports furnished for or resulting from work under this Agreement. This does not include materials previously or concurrently developed by the CONSULTANT for “In House” use. Only data and reports generated by the CONSULTANT under this Agreement shall be the property of the CITY. 5.11 Public Records. The CONSULTANT will be required to comply with Section 119.0701, Florida Statutes, as may be amended from time to time, specifically to: IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 727-562-4092, Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. CONSULTANT shall comply with the following: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the 5 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 2. At least 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. 6 i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. 6.0 COMPENSATION 6.1 The CONSULTANT shall be compensated for services rendered under this Agreement in accordance with the provisions of each Work Order, upon presentation of CONSULTANT’S invoice and as provided for below. An hourly rate schedule and typical methods of compensation are attached hereto as Exhibit C. 6.2 Compensation for services shall be invoiced by the CONSULTANT and paid by the CITY in accordance with the Florida Local Government Prompt Payment Act, § 218.70, Florida Statutes. 6.3 The CONSULTANT agrees to allow full and open inspection of payroll records and expenditures in connection with hourly rate and cost-plus fixed fee work assignments upon request of the CITY. 7.0 PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any persons, company, corporation, individual or Firm, other than a bona fide employee working for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 8.0 TERMINATION FOR CAUSE This Agreement may be terminated by either party with seven (7) days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of outstanding Work Orders for all work performed up to the date of termination. 9.0 SUSPENSION, CANCELLATION OR ABANDONMENT If the project described in any Work Order is suspended, canceled, or abandoned by the CITY, without affecting any other Work Order or this Agreement, the CONSULTANT 7 shall be given five (5) days prior written notice of such action and shall be compensated for professional services provided up to the date of suspension, cancellation or abandonment. 10.0 GOVERNING LAW This Agreement shall be administered and interpreted under the laws of the State of Florida. The exclusive venue for any proceeding or suit in law or equity arising from or incident to this Agreement will be in Pinellas County Florida. 11.0 TERMINATION FOR CONVENIENCE Either the CITY or the CONSULTANT may terminate the Agreement at any time by giving written notice to the other of such termination and specifying the effective date of such termination at least thirty (30) days before said termination date. If the Agreement is terminated by the CITY as provided herein, the CONSULTANT will be paid for services rendered through the date of termination. 12.0 PUBLIC ENTITY CRIMES Pursuant to Florida Statute § 287.132-133, the City of Clearwater, as a public entity, may not accept any proposal from, award any contract to, or transact any business in excess of the threshold amount provided in § 287.017, F.S., for Category Two (currently $35,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person of affiliate has been removed from the list pursuant to § 287.133 (3)(f), F.S. By submitting a proposal, CONSULTANT is certifying that Florida Statute 287.132 and 287.133 does not restrict submission. 13.0 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS The CONSULTANT will be required to comply with Section 287.135, Florida Statues, specifically by executing the forms provided (attached). 14.0 RFQ #30-20, STANDARD TERMS AND CONDITIONS All terms and conditions as set forth in RFQ #30-20, Standard Terms of Conditions are incorporated by reference and hereto attached as Exhibit A. 15.0 ORDER OF PRECEDENCE Any inconsistency in documents relating to this Agreement shall be resolved by giving precedence in the following order: (i) this Agreement and subsequent Amendments; (ii) RFQ #30-20, Standard Terms and Conditions; and (iii) Work Orders. 8 16.0 INSURANCE REQUIREMENTS Insurance Requirements are set forth in Exhibit D, which is incorporated by reference and attached hereto. 17.0 TERMINATION FOR LACK OF FUNDING The CITY’S performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Clearwater City Council. In the event the Clearwater City Council does not appropriate funds in a sufficient amount for CITY to perform its obligations hereunder, CITY may terminate this Agreement upon thirty (30) days written notice to CONSULTANT. 9 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date and year first above written. ____________________________________ BLACK & VEATCH CORPORATION By: ______________________________ Print Name: ____________________ Title: __________________________ WITNESS: By: ______________________________ Print Name: ____________________ Countersigned: CITY OF CLEARWATER ____________________________ ___________________________________ Frank Hibbard William B. Horne II Mayor City Manager Approved as to form: Attest: ____________________________ ___________________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk 10 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM PER SECTION III, ITEM 25, IF YOUR BID 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 on this ______ day of _____________________, 20____, by _________________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ________________________________________ (name of corporation/entity), personally known to me as described herein _____________________, or produced a _________________________ (type of identification) as identification, and who did/did not take an oath. _______________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE 11 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM PER SECTION III, ITEM 25, 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: 5. 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 6. 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 7. “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 8. 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 on this ______ day of _____________________, 20____, by _________________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ________________________________________ (name of corporation/entity), personally known to me as described herein _____________________, or produced a _________________________ (type of identification) as identification, and who did/did not take an oath. _______________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33578-4748 727-562-4630 Tel REQUEST FOR QUALIFICATIONS America’s Water Infrastructure Act & Public Utilities Emergency Response Plans RFQ #30-20 March 24, 2020 NOTICE IS HEREBY GIVEN that sealed Statements of Qualifications will be received by the City of Clearwater (City) until 10:00 AM, Local Time, April 23, 2020 to provide America’s Water Infrastructure Act (AWIA) & Public Utilities Emergency Response Plans (ERP). Brief Description: The City of Clearwater is seeking a qualified consultant(s) to prepare an America’s Water Infrastructure Act: Emergency Response Plan (ERP) and an Emergency Response Plan (ERP) for the entire Public Utilities Department. Responses must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. This Request for Qualifications, any attachments and addenda are available for download at https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the response in accordance with the instructions. This document (less this invitation and the instructions) and any required documents, attachments, and submissions will constitute the response. General, Process, or Technical Questions concerning this solicitation should be directed, IN WRITING, to the Procurement Manager. This Request for Qualifications is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS AWIA & Public Utilities ERP 2 RFQ #30-20 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the Contact listed on Page One (1). Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their response. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a response. i.3 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: April 23, 2020 Time: 10:00 AM (Local Time) The City will open all responses properly and timely submitted and will record the names and other information specified by law and rule. All responses become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, responses are available for inspection by contacting the Procurement Division. i.4 SUBMIT RESPONSES TO: Use label at the end of this solicitation package City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Responses will be received publicly at this address. Respondents may mail or hand-deliver responses. E-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a response that is not properly addressed and identified. i.5 LATE RESPONSES. The respondent assumes responsibility for having the response delivered on time at the place specified. All responses received after the date and time specified shall not be considered and will be returned unopened to the respondent. The respondent assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The respondent agrees to accept the time stamp in the City’s Procurement Division as the official time. i.6 LOBBYING. Any communication regarding this solicitation for the purpose of influencing the process or the award, between any person or affiliates seeking an award from this solicitation and the City is prohibited. This section shall not prohibit public comment at any City Council meeting, study session or Council committee meeting. This prohibition shall not apply to communication with the contact(s) identified in the solicitation or City-initiated communications for the purposes of conducting the procurement including but not limited to clarification of responses, presentations if provided in the solicitation, contract negotiations, protest/appeal resolution, or surveying non- responsive vendors. i.7 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any INSTRUCTIONS AWIA & Public Utilities ERP 3 RFQ #30-20 resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page One (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the response. Respondents are cautioned to verify their responses before submission, as amendments to or withdrawal of responses submitted after time specified for opening of responses may not be considered. The City will not be responsible for any respondent errors or omissions. i.8 FORM AND CONTENT OF RESPONSES. Unless otherwise instructed or allowed, responses shall be submitted on the forms provided. An original and the designated number of copies of each response are required. Responses, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the response is not properly signed or if any changes are not initialed, it may be considered non-responsive. The City may require that an electronic copy of the response be submitted. The response must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the response. i.9 DEBARMENT DISCLOSURE. If the respondent has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a (sub)contractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the respondent shall include a letter with its response identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A response from a respondent who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.10 RESERVATIONS. The City reserves the right to reject any or all responses or any part thereof; to reissue the solicitation; to reject non-responsive or non-responsible responses; to reject unbalanced responses; to reject responses where the terms and/or awards are conditioned upon another event; to reject individual responses for failure to meet any requirement; to award by part or portion, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any response. The City may seek clarification of the response from respondent at any time, and failure to respond is cause for rejection. Submission of a response confers on respondent no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. i.11 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a respondent may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.12 ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the procurement process, including respondents and contractors. To achieve the purpose of this Article, it is essential that respondents and contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: INSTRUCTIONS AWIA & Public Utilities ERP 4 RFQ #30-20 a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.13 GIFTS. The City will accept no gifts, gratuities or advertising products from respondents or prospective respondents and affiliates. i.14 PROTESTS AND APPEALS. If a respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its response, and/or believes the selected response is not in the City’s best interests, the respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policies and Procedures. If any discrepancy exists between this Section and the Procurement Rules, the language of the Procurement Rules controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the opening must be filed with the Procurement Manager no later than five (5) business days before Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater - Procurement Division 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION AWIA & Public Utilities ERP 5 RFQ #30-20 i.15 EVALUATION PROCESS. Responses will be reviewed by a screening committee comprised of City employees and/or authorized agents. The City staff may or may not initiate discussions with respondents for clarification purposes. Clarification is not an opportunity to change the response. Respondents shall not initiate discussions with any City employee or official. i.16 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and the technical response. All responses must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the response complies with the instructions for submitting responses including completeness of response which encompasses the inclusion of all required attachments and submissions. The City must reject any responses that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the respondent is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: past performance, references (including those found outside the response), compliance with applicable laws, respondent's record of performance and integrity- e.g. has the respondent been delinquent or unfaithful to any contract with the City, whether the respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A respondent must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review respondent’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Response. The City will determine how well responses meet its requirements in terms of the response to the solicitation and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. The criteria that will be evaluated and their relative weights are: Evaluation Criteria (Response Format pps. 11-12) Points Technical Approach to completion of ERP (Tab 2) 35 Relevant Experience and Qualifications of Firm and Staff (Tab 3) 25 Work Plan and Schedule (Tab 4) 25 Quality Management Approach (Tab 5) 15 i.17 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest scored proposals based on a preliminary evaluation against the evaluation criteria. Only those short-listed proposers would be invited to give presentations and/or interviews. The City will finalize ranking of the firms upon conclusion of presentations/interviews. i.18 PRESENTATIONS/INTERVIEWS. The respondent must provide a formal presentation/interview on-site at a City location upon request. i.19 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Respondent must be prepared for the City to accept the response as submitted. If respondent fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject response or revoke the award, and may begin negotiations with another Respondent. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. INSTRUCTIONS – EVALUATION AWIA & Public Utilities ERP 6 RFQ #30-20 i.20 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the respondent’s responsibility to check the City of Clearwater’s Purchasing website at https://www.myclearwater.com/business/rfp to view the Procurement Division’s Intent to Award postings. i.21 RFQ TIMELINE. All dates are tentative and subject to change. Release RFQ: March 24, 2020 Advertise Tampa Bay Times: March 26, 2020 Responses due: April 23, 2020 Review responses/presentations: April 23, 2020 - May 8, 2020 Award recommendation: May 11, 2020 Council authorization: June 18, 2020 Contract begins: June 2020 DETAILED SPECIFICATIONS AWIA & Public Utilities ERP 7 RFQ #30-20 1. PROJECT MISSION. The City of Clearwater is dedicated to providing superior services to its customers in order to improve the quality of life for Clearwater residents, businesses and visitors. The City is looking for vendors who share that dedication and will help the City meet that goal. 2. BACKGROUND. On October 23, 2018, America’s Water Infrastructure Act (AWIA) was signed into law. AWIA Section 2013 requires community (drinking) water systems serving more than 3,300 people to develop or update risk assessments and emergency response plans (ERPs). The law specifies the components that the risk assessments and ERPs must address and establishes deadlines by which water systems must certify to the Environmental Protection Agency (EPA) completion of risk assessments and ERP. 3. SCOPE OF SERVICES. The City of Clearwater is seeking a qualified consultant(s) to prepare Emergency Response Plans (ERP), which will be broken down into two phases. a. Phase I – America’s Water Infrastructure Act (AWIA) Emergency Response Plan (ERP): Based on the completed Risk and Resiliency Assessment (RRA) report, consultant will develop an Emergency Response Plan (ERP) as required by the American Water Infrastructure Act (AWIA) for community (drinking) water systems and submit the AWIA ERP to the Environmental Protection Agency (EPA) by the mandatory deadline of September 30, 2020. The City of Clearwater’s community (drinking) water system includes the Water Production Division (three (3) facilities), Water Distribution Division and a portion of the Infrastructure Maintenance Division. The RRA is a confidential document and will only be shared with the consultant chosen for this work. b. Phase II – Public Utilities Emergency Response Plan (ERP): Upon completion of Phase I, the consultant will develop an Emergency Response Plan (ERP) for the Public Utilities Department based upon the existing Department’s ERP, updating the format and content similar to the plan developed during Phase I - AWIA ERP. The Divisions included in Phase II include all Water Reclamation Division’s (three (3) facilities), Wastewater Collection Division, Reclaimed Water Division, Industrial Pretreatment Division, Infrastructure Maintenance Division and may also include Administration and the City’s onsite Laboratory. In order to gather information for the creation of the ERP’s, the consultant will be responsible for facilitating meetings/workshops with city personnel and performing site visits to city-owned properties. The Emergency Response Plans (ERP) created for the City must remain confidential and are not to be made public nor shared outside of the City of Clearwater. 4. EXPERIENCE. Interested consultants must be able to demonstrate extensive knowledge of water distribution systems, water treatment plants, wastewater collection systems, wastewater treatment plants, reclaimed water systems, and Emergency Response Planning related to those systems, preferably municipally owned and operated within Florida. 5. INSURANCE REQUIREMENTS. The Contractor (respondent) shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A- VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Contractor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following DETAILED SPECIFICATIONS AWIA & Public Utilities ERP 8 RFQ #30-20 the termination or expiration of this Agreement. Specific work may require additional coverage on a case by case basis: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. Professional Liability Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. OTHER INSURANCE PROVISIONS. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Contractor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured.” In addition, when requested in writing from the City, Contractor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, RFQ #30-20 P.O. Box 4748 Clearwater, FL 33758-4748 b. Contractor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Contractor’s insurance as outlined above shall be primary and non-contributory coverage for Contractor’s negligence. d. Contractor reserves the right to appoint legal counsel to provide for the Contractor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Contractor’s design, equipment, or service. Contractor agrees that the City DETAILED SPECIFICATIONS AWIA & Public Utilities ERP 9 RFQ #30-20 shall not be liable to reimburse Contractor for any legal fees or costs as a result of Contractor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of Contractor’s obligation to provide the insurance coverage specified. MILESTONES AWIA & Public Utilities ERP 10 RFQ #30-20 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. • Phase 1: June 2020-September 2020 • Phase 2: To be determined If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. RESPONSE FORMAT AWIA & Public Utilities ERP 11 RFQ #30-20 1. RESPONSE SUBMISSION - Submit one (1) signed original (identified as ORIGINAL) with five (5) copies of the Qualifications Response and ONE (1) electronic format copy on a disc or thumb drive in a sealed envelope/container. 2. RESPONSE FORMAT - Qualifications shall be submitted in bound volumes on standard 8½" x 11" paper. A single 8½" x 11" sheet printed on both sides is two (2) pages. All information must be assembled and indexed in the order indicated below. The page count shall not exceed twenty-eight (28) total pages, including typed text, graphics, charts and photographs. The total page count does not include documents submitted for Tabs 6 and 7, the tabbed separator pages, cover page, and back page. 3. TAB 1 – Letter of Interest (two [2] pages). The cover letter should briefly introduce the Consultant and also include: • A statement confirming that all information contained in the response is complete and accurate. • Signature from the firm’s principal certifying that sufficient resources in personnel, equipment, and time are available and can be committed to this project. • Contact information for the firm’s principal including email address and phone number. TAB 2 – Technical Approach for Completion of Emergency Response Plan (ERP) (six [6] pages). Describe the firm’s understanding of the project. Provide additional items/information that the firm believes is relevant to this project but not explicitly included. TAB 3 – Experience and Qualifications of Firm and Staff (ten [10] pages). Describe the firm’s background, experience, and qualifications of key personnel proposed to work on the project. Include resumes for key team members (including subcontractors) demonstrating specific project experience relevant to the project. Resumes must clearly indicate educational background and state of licensure, if applicable. Also include information for three (3) projects, preferably within the last 10 years, for which the team has provided services closely related to this scope of service. Include an organization chart and an affirmative statement indicating that the firm and all assigned key professional staff are properly licensed to practice in Florida. Include the expected amount of involvement for each consultant team member. Any changes in key personnel after the contract award must be approved by the City. TAB 4 – Work Plan and Schedule (eight [8] pages). Provide a detailed work plan describing the firm’s understanding of the project and its methodology for meeting the needs of the City. Provide a detailed description of the in-house engineering disciplines and how outsourced discipline providers will be selected and managed. TAB 5 – Quality Management Approach (two [2] pages). Provide information as to the firm’s Quality Assurance/Quality Control plan and/or policy. Demonstrate specific steps conducted for technical review of any type of deliverable prior to submission to a client. Identify standard processes used. Define key factors that demonstrate the policy was successful and effective. TAB 6 – Litigation. NOTE: this is not considered Confidential or Proprietary information – any response indicating such may be deemed non-responsive to the RFQ. 1. Provide a complete listing of any convictions or fines incurred by the respondent firm or any of its principals for violations of any state or federal law within the past three (3) years. Identify firm’s executives who have current claims or who have participated in litigation against the City of Clearwater while with another firm. Executives of firms currently under litigation with the City may not be considered for this project. 2. Provide a complete listing of all litigation involving a construction project or contract (excluding personal injury and workers’ compensation) whether currently pending or concluded within the past three (3) years in which the respondent firm was a named party. 3. Provide a complete listing of all administrative proceedings involving a construction project or contract, whether currently pending or concluded within the past three (3) years, in which RESPONSE FORMAT AWIA & Public Utilities ERP 12 RFQ #30-20 the respondent firm was a named party. (NOTE: Administrative Proceedings shall include: (i) any action taken or proceeding brought by a governmental agency, department, or officer to enforce any law, regulation, code, legal, or contractual requirement, except for those brought in state or federal courts; (ii) any action taken by a governmental agency, department, or officer imposing penalties, fines, or other sanctions for failure to comply with any such legal or contractual requirement, or (iii) any other matter before an administrative body.) 4. Provide a complete listing of all arbitrations involving a construction project or contract, whether currently pending or concluded in the past three (3) years, in which the respondent firm was a named party. TAB 7 - Other Forms. The following forms should be completed and signed: 1. Exceptions, Additional Materials, Addenda form 2. Company Information form 3. Response Certification form 4. Copy of the firm’s current Florida Department of Business and Professional Regulation’s License. 5. If the firm is a corporation, a copy of the current Florida Corporation Registration 6. W-9 Form. All responses should include a fully completed, most current W-9 form. Failure to include the W-9 will not disqualify your bid. (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA AWIA & Public Utilities ERP 13 RFQ #30-20 Respondents shall indicate any and all exceptions taken to the provisions or requirements in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Response non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this response Additional Materials attached (describe--attach additional pages if needed) Addenda Respondents are responsible for verifying receipt of any addenda issued by checking the City’s website at https://www.myclearwater.com/business/rfp prior to the bid opening. Failure to acknowledge any addenda issued may render a Bid Non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name__________________________________________________ Date__________________ COMPANY INFORMATION AWIA & Public Utilities ERP 14 RFQ #30-20 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this response: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: RESPONSE CERTIFICATION AWIA & Public Utilities ERP 15 RFQ #30-20 By signing and submitting this Response, the Company certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. e) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. f) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. g) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. h) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. i) It is current in all obligations due to the City. j) It will accept such terms and conditions in a resulting contract if awarded by the City. k) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER AWIA & Public Utilities ERP 16 RFQ #30-20 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #30-20, America’s Water Infrastructure Act & Public Utilities Emergency Response Plans Due Date: April 23, 2020, at 10:00 A.M. City of Clearwater Attn: Procurement Division PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #30-20, America’s Water Infrastructure Act & Public Utilities Emergency Response Plans Due Date: April 23, 2020, at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd Fl Clearwater FL 33756 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services------------------------------------------------ EXHIBIT C (COMPENSATION) TO MASTER AGREEMENT BETWEEN CITY OF CLEARWATER AND BLACK & VEATCH CORPORATION RFQ #30-20 AMERICA’S WATER INFRASTRUCTURE ACT & PUBLIC UTILITIES EMERGENCY RESPONSE PLANS Exhibit C - Page 1 of 2 EXHIBIT C (COMPENSATION) TO MASTER AGREEMENT BETWEEN CITY OF CLEARWATER AND BLACK & VEATCH CORPORATION RFQ #30-20 AMERICA’S WATER INFRASTRUCTURE ACT & PUBLIC UTILITIES EMERGENCY RESPONSE PLANS Exhibit C - Page 2 of 2 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF CLEARWATER AND BLACK & VEATCH CORPORATION RFQ #30-20 AMERICA’S WATER INFRASTRUCTURE ACT & PUBLIC UTILITIES EMERGENCY RESPONSE PLANS EXHIBIT D INSURANCE REQUIREMENTS. The CONSULTANT 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 CONSULTANT’S deductible or self-insured retention and to require that it be reduced or eliminated. Specifically, the CONSULTANT must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement. Specific work may require additional coverage on a case by case basis: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. If the CONSULTANT is using its own property, or the property of the City or other provider, in connection with the performance of its obligations under this Agreement, then CONSULTANT’S Equipment Insurance or Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. e. Professional Liability Insurance coverage appropriate for the type of business engaged in by the CONSULTANT with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. 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 CONSULTANT will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured.” In addition, when requested in writing from the City, CONSULTANT will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Purchasing, RFQ #30-20 P.O. Box 4748 Clearwater, FL 33758-4748 b. CONSULTANT shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. CONSULTANT’S insurance as outlined above shall be primary and non-contributory coverage for CONSULTANT’S negligence. d. CONSULTANT reserves the right to appoint legal counsel to provide for the CONSULTANT’S defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to CONSULTANT’S design, equipment, or service. CONSULTANT agrees that the City shall not be liable to reimburse CONSULTANT for any legal fees or costs as a result of CONSULTANT providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of CONSULTANT’S obligation to provide the insurance coverage specified. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8235 Agenda Date: 9/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.14 SUBJECT/RECOMMENDATION: Approve an Interlocal Agreement with Pinellas County for $750,000 in Penny IV Assistance toward the Gulf Boulevard Improvement Plan for related Eligible Project work from January 1, 2020 through September 30, 2026 and authorize the appropriate officials to execute same. (consent) SUMMARY: This Agreement is an extension of the original Gulf Boulevard Improvement Plan between Pinellas County and the BIG C beach communities. The Improvement Plan scope from 2001, is a beautification plan for the Gulf Boulevard corridor, providing a link between the eleven beach communities in the county. The Plan includes undergrounding of utilities, landscaping, mast arms, right-of-way improvements, and amenities. Penny III funds were previously dispersed, Clearwater received $6.7 million. The proposed extension includes reimbursement of up to $35 million from Penny IV surtax proceeds to the BIG C Cities over the next five years (from July 1, 2021 to September 30, 2026) for eligible projects commencing after January 1, 2020 as well as completion of work under the previous expired agreement. The beach cities are individually allocated from $500,000 up to $7.98 million. Eligible projects must be in the Plan limits. For Clearwater, the limits encompass Gulf Blvd., South Gulfview Blvd., Coronado Dr., and Causeway Blvd. Clearwater’s proposed projects for the Penny IV reimbursement are replacement of the Mandalay Channel Pedestrian Underpass Bridge, with any remaining funds going towards Illuminated Crosswalks near Pier 60 and along South Gulfview Blvd. APPROPRIATION CODE AND AMOUNT: Funds will be returned to Capital Improvement Projects in amounts of $700,000 to ENRD180002, Bridge Maintenance and Improvements, and $50,000 to ENRD180007, Traffic Safety Infrastructure. Page 1 City of Clearwater Printed on 9/17/2020 Page 1 of 21 Gulf Boulevard Undergrounding Interlocal Agreement Clean Doc No 293088 INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into as of this_____ day of ______________, 202___, by Pinellas County, a political subdivision of the State of Florida, hereinafter referred to as the "County" and the City of Belleair Beach, Town of Belleair Shore, City of Clearwater, City of Indian Rocks Beach, Town of Indian Shores, City of Madeira Beach, Town of North Redington Beach, Town of Redington Beach, Town of Redington Shores, City of St. Pete Beach, and the City of Treasure Island, hereinafter referred to as the "Cities". RECITALS: WHEREAS, Section 212.055(2), Florida Statutes, authorizes the County to levy a local government infrastructure sales surtax ("Surtax") of one percent (1%) throughout Pinellas County, Florida, subject to referendum approval, to finance, plan and construct infrastructure as defined therein; and WHEREAS,on November 7, 1989, the levy of the Surtax for an initial ten (10) year period was approved by a majority of those voting on the question at a referendum, and the County and municipalities representing a majority of the incorporated population entered into an interlocal agreement dated September 19, 1989, providing for the distribution of the Surtax, which expired on January 31, 2000; and WHEREAS, on March 25, 1997, the extension of the Surtax for an additional ten (10) years was approved by a majority of those voting on the question at a referendum, and the County and municipalities representing a majority of the incorporated population entered into an interlocal agreement dated August 6, 1998, providing for the distribution of the Surtax, which expired on January 31, 2010; and Page 2 of 21 Gulf Boulevard Undergrounding Interlocal Agreement Clean Doc No 293088 WHEREAS, on March 13, 2007, the extension of the Surtax for an additional ten (10) Years (Penny III) was approved by a majority of those voting on the question at a referendum and the County and municipalities representing a majority of the incorporated population entered into an interlocal agreement dated April 29, 2008 providing for the distribution of the Surtax, which expired on December 31, 2019; and WHEREAS, on November 7, 2017, the extension of the Surtax for an additional ten (10) years (“Penny IV”) was approved by a majority of those voting on the question at a referendum and the County and municipalities representing a majority of the incorporated population entered into an interlocal agreement dated August 1, 2017 providing for the distribution of the Surtax, which expires on December 31, 2029; and WHEREAS, the County recognized that the Pinellas County Gulf Boulevard Improvement Program - April 2007 ("Improvement Plan") is of countywide importance and may be funded by the Surtax, and the County was willing to contribute to the costs of the Improvement Plan projects from the County's share of the Surtax and did so through an interlocal agreement with the Cities dated July 10, 2012 (“Penny III Gulf Blvd. Interlocal”); and WHEREAS,the Penny III Gulf Blvd. Interlocal agreement expired September 30, 2019, but the County on August 20, 2019, by Resolution 19-55 elected to continue to provide funding to the cities to allow them to complete work contemplated to be done under the expired agreement through September 30, 2021; and WHEREAS, the Improvement Plan remains incomplete and will not be completed through the remaining projects and funding from the expired agreement and the County recognizes that the completion of the Improvement Plan continues to be of countywide Page 3 of 21 Gulf Boulevard Undergrounding Interlocal Agreement Clean Doc No 293088 importance, and the County is willing to contribute to the costs of the Improvement Plan projects from the County's share of the Surtax as provided herein. NOW, THEREFORE, in consideration of the covenants herein contained, and other good and valuable consideration, the County and Cities agree as follows: Section 1. CONDITIONS PRECEDENT. This Agreement will be effective upon final execution by all of the Cities and the County. Section 2. COUNTY'S RESPONSIBILITIES. A. The County agrees to fund a sum not to exceed $35 million (“Penny IV Assistance”), on a reimbursement basis, from its Penny IV Surtax proceeds for Eligible Projects, as defined herein, consistent with the Improvement Plan. Expenditures for the actual cost of projects by each of the individual Cities consistent with the Improvement Plan and the requirements of Section 212.055(2), Florida Statutes, will be reimbursed by the County if certification has been presented by the City seeking reimbursement and the Barrier Islands Government Council (BIG C) that the expenditure for a Project is a subpart of and in conformance with the Improvement Plan ("Eligible Projects") and the requirements of Section 212.055(2), Florida Statutes. This Agreement has no effect on Resolution 19-55 and any amount remaining from the Penny III Gulf Blvd. Interlocal will be reimbursed only in accordance with that resolution. The Penny IV Assistance will be expended solely on undergrounding of utilities within Gulf Boulevard until all utilities are underground within the Gulf Boulevard corridor with the following two exceptions: 1) The City of Clearwater $750,000 Penny IV Assistance for the Eligible Project work described in Exhibit B; and 2)The Town of Indian Shores $500,000 Penny IV Assistance for the Eligible Project work described in Exhibit B. Page 4 of 21 Gulf Boulevard Undergrounding Interlocal Agreement Clean Doc No 293088 The Clearwater and Indian Shores Penny IV Assistance amounts may be expended the above described Eligible Projects at any time during the term of this Agreement but invoicing for the Eligible Project is limited to the annual amount for each city in Exhibit A in any County fiscal year. Once the undergrounding of utilities within Gulf Boulevard has been completed throughout the entire corridor, then and only then may any other reimbursement for other Eligible Projects be made to the remaining Cities. Notwithstanding the Penny IV Assistance shown on Exhibit A as available to any particular City, once that City has completed its portion of the undergrounding, any remaining amount may be reallocated in the County Administrator’s sole discretion after consultation with the BIG C, to another City or Cities as needed to ensure that all undergrounding is completed prior to any other Eligible Project expenditures of County Surtax funds under this Agreement. The foregoing sentence does not apply to Clearwater or Indian Shores Penny IV Assistance amounts. Beginning in Fiscal Year 2020-21, Cities may request funds on a quarterly basis in arrears from the County for reimbursement of expenditures for Eligible Project work completed on or after January 1, 2020. Such reimbursements will not exceed any City’s Penny IV Assistance annual amounts contained in Exhibit A. Invoices for Eligible Projects must include evidence that payments have been made and any other documentation the County may reasonably require and may be submitted no more frequently than quarterly. B. Except as otherwise provided herein, the County will provide funding to each City for up to six(6) years beginning in Fiscal Year (FY) 2020-2021 as depicted in the attached table contained in Exhibit A. Page 5 of 21 Gulf Boulevard Undergrounding Interlocal Agreement Clean Doc No 293088 C. The County will retain all funds until payment is made to the Cities as provided for in this Agreement. Subject to the County’s ability to reallocate funds to complete all undergrounding of utilities within Gulf Boulevard, any funds not reimbursed to a City in a fiscal year will rollover each year until the termination of this Agreement. The County’s payment for Eligible Project costs cannot exceed the amount depicted in that City’s annual Penny IV Assistance (taking into account any amounts that may have rolled over from a previous fiscal year under this Agreement). In the event a City: 1) does not proceed to complete undergrounding of utilities contemplated herein, or; 2)subsequent to undergrounding utilities, complete another Eligible Project (or Eligible Projects) on the Improvement Plan within available remaining amounts of Penny IV Assistance, or; 3) funds are not otherwise paid to a City prior to the expiration of the term or termination of this Agreement subject to the terms herein, all remaining funds will be retained by the County for uses solely within the discretion of the County. D. The sums payable to the Town of Belleair Shore may be paid to the City of Belleair Beach for Eligible Projects shared by these two Cities. E. The County is not obligated to provide any support related to any Eligible Projects beyond the funding described in the Agreement. Section 3. CITIES' RESPONSIBILITIES. A.The Cities are solely responsible for designing, contracting and managing completion of Eligible Projects. The Cities must provide and procure all permits and licenses, pay all charges and fees and give all notices necessary and incidental to the lawful performance of the work done related to this Agreement, including but not limited to right of way utilization Page 6 of 21 Gulf Boulevard Undergrounding Interlocal Agreement Clean Doc No 293088 permits from the County or the state. The Cities are responsible for maintaining, repairing, replacing and upgrading Eligible Projects in perpetuity. B.Each City is responsible to provide to the County Administrator, in writing and in a form acceptable to the County: 1.Within 3 months of execution of this interlocal agreement by the City, a detailed work plan reflecting the intended projects, including expected timelines and anticipated expenditures by fiscal year; and 2. Beginning in July 2021, not later than July 31 each year, an annual status report that reflects the progress on each element of the work plan. C.The Cities are responsible for assuring that providers of services performed pursuant to this Agreement comply with all applicable local, state and federal directives, orders and laws, including but not limited to Equal Employment Opportunity (EEO), Minority Business Enterprise (MBE) and Occupational Safety and Health Administration (OSHA). D.The Cities must provide requests for reimbursement under this Agreement to the Pinellas County Office of Management and Budget in accordance with the limitations of this Agreement. E. Each City hereby agrees to indemnify, defend, and hold harmless the County and all of its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, error, omission, or negligent act by each individual City, its agents, or employees, arising from or during its performance of this Agreement, from the construction, operation, maintenance, repair or replacement by each individual City of its Eligible Project, except that neither the Cities, their agents, nor their employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent Page 7 of 21 Gulf Boulevard Undergrounding Interlocal Agreement Clean Doc No 293088 act by the County or any of its officers, agents or employees during the performance of the Agreement. Section 4. NON-APPROPRIATION. This Agreement is not a general obligation of the County. It is understood that neither this Agreement nor any representation by any County official, officer or employee creates any obligation to appropriate or make monies available for the purposes of the Agreement beyond the fiscal year in which this Agreement is executed. The obligations of the County as to funding required pursuant to the Agreement are limited to an obligation in any given fiscal year to budget and appropriate from legally available Penny IV Surtax proceeds, after funding secured obligations or loans, essential and necessary infrastructure services for jail and criminal justice related facilities and other obligations contained in the terms of the August 1, 2017 Interlocal Agreement, activities in the Pinellas County Capital Improvement Program funded by the Surtax proceeds (Penny for Pinellas), and events, which in the sole discretion of the County, constitute an emergency requiring the use of Surtax funds. No liability to the Cities shall be incurred by the County beyond the monies budgeted and available for the purpose of the Agreement. If funds are not appropriated by the County for any or all of this Agreement for a new fiscal period, the County is not obligated to pay any sums contemplated by this Agreement beyond the portions for which funds were appropriated. The County agrees to promptly notify the Cities in writing of any subsequent non-appropriation, and upon such notice, this Agreement will terminate on the last day of the current fiscal year without penalty to the County and all undistributed funds will be retained by the County. Notwithstanding the foregoing, the County is not prohibited from pledging any legally available Surtax proceeds for any obligations heretofore or hereafter Page 8 of 21 Gulf Boulevard Undergrounding Interlocal Agreement Clean Doc No 293088 incurred, which pledge will be prior and superior to any obligations of the County pursuant to this Agreement. Section 5. TERM OF AGREEMENT. A. The term of this Agreement will commence upon the date the Agreement has been executed by all Cities and the County and end on September 30, 2026). B. Obligations under this Agreement which by their nature should survive, including, but not limited to any and all obligations relating to record retention, indemnification and maintenance and operation of the Eligible Projects will remain in effect after termination or expiration of this Agreement. Section 6. AUDIT. County reserves the right to audit Cities' records as such records relate to this Agreement. County will have access to such records on a reasonable basis from the effective date of the Agreement, for the duration of the Agreement and until thirty-six (36) months after the date of the final payment by the County to the Cities. Section 7. NON-DISCRIMINATION. The Cities and the County will not discriminate against any applicant for employment or employee with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment because of age, sex, race, color, religion, national origin, sexual orientation, or disability. The Cities and the County will, during the performance of this Agreement, comply with all applicable provisions of federal, state and local laws and regulations pertaining to prohibited discrimination. Page 9 of 21 Gulf Boulevard Undergrounding Interlocal Agreement Clean Doc No 293088 Section 8. AMENDMENTS TO THE AGREEMENT. Any amendment to this Agreement must be in writing and approved by all of the Cities and the County. Section 9. FILING OF AGREEMENT. This Agreement will be filed with the Clerk of the Circuit Court, as provided in Section 163.01(11), Florida Statutes. Section 10. EXECUTION OF AGREEMENT. This Agreement may be signed in counterparts by the Cities and County. Section ll. PRIOR AGREEMENT SUPERSEDED. This Agreement supersedes any prior agreements between the parties on this subject matter. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed by the proper officers thereof, as of the day and year indicated on each signature page. <ADDITIONAL SIGNATURE PAGES FOLLOW> Page 10 of 21 Gulf Boulevard Undergrounding Interlocal Agreement Clean Doc No 293088 IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof, as of the day and year first above written. ATTEST:PINELLAS COUNTY, FLORIDA, by and KEN BURKE, CLERK through its Board of County Commissioners By:By: Deputy Clerk Chair [SEAL] Page 11 of 21 Gulf Boulevard Undergrounding Interlocal Agreement Clean Doc No 293088 IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST:CITY OF BELLEAIR BEACH By:By: City Clerk Mayor Page 12 of 21 Gulf Boulevard Undergrounding Interlocal Agreement Clean Doc No 293088 IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST:TOWN OF BELLEAIR SHORE By:By: City Clerk Mayor Page 13 of 21 Gulf Boulevard Undergrounding Interlocal Agreement Clean Doc No 293088 IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST:CITY OF CLEARWATER By:By: City Clerk City Manager COUNTERSIGNED: By: Mayor APPROVED AS TO FORM By: City Attorney Page 14 of 21 Gulf Boulevard Undergrounding Interlocal Agreement Clean Doc No 293088 IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST:CITY OF INDIAN ROCKS BEACH By:By: City Clerk Mayor Page 15 of 21 Gulf Boulevard Undergrounding Interlocal Agreement Clean Doc No 293088 IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST:TOWN OF INDIAN SHORES By:By: City Clerk Mayor Page 16 of 21 Gulf Boulevard Undergrounding Interlocal Agreement Clean Doc No 293088 IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST:CITY OF MADEIRA BEACH By:By: City Clerk Mayor Page 17 of 21 Gulf Boulevard Undergrounding Interlocal Agreement Clean Doc No 293088 IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST:TOWN OF NORTH REDINGTON BEACH By:By: City Clerk Mayor Page 18 of 21 Gulf Boulevard Undergrounding Interlocal Agreement Clean Doc No 293088 IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST:TOWN OF REDINGTON BEACH By:By: City Clerk Mayor Page 19 of 21 Gulf Boulevard Undergrounding Interlocal Agreement Clean Doc No 293088 IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST:TOWN OF REDINGTON SHORES By:By: City Clerk Mayor Page 20 of 21 Gulf Boulevard Undergrounding Interlocal Agreement Clean Doc No 293088 IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST:CITY OF ST. PETE BEACH By:By: City Clerk Mayor Page 21 of 21 Gulf Boulevard Undergrounding Interlocal Agreement Clean Doc No 293088 IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed as of the day and year first written above. ATTEST:CITY OF TREASURE ISLAND By:By: City Manager Mayor PENNY IV UNDERGROUNDING PROJECTS FUNDING BY FISCAL YEAR City/Town ROW Footage % of Footage Max Available 2020/21 2021/22 2022/23 2023/24 2024/25 2025/2026 Clearwater *N/A N/A $750,000 $150,000 $150,000 $150,000 $150,000 $150,000 ONLY Belleair Beach 14,471 8.7294% $2,946,157 $240,057 $676,525 $676,525 $676,525 $676,525 Amounts Rolled Belleair Shore 5,431 3.2761% $1,105,700 $90,094 $253,901 $253,901 $253,901 $253,901 Forward from Indian Rocks Beach 27,982 16.8796% $5,696,867 $464,189 $1,308,170 $1,308,170 $1,308,170 $1,308,170 Unspent Indian Shores *N/A N/A $500,000 $100,000 $100,000 $100,000 $100,000 $100,000 Previous Redington Shores 11,760 7.0940% $2,394,223 $195,085 $549,785 $549,785 $549,785 $549,785 Years No. Redington Beach 7,954 4.7981% $1,619,358 $131,948 $371,853 $371,853 $371,853 $371,853 Redington Beach 10,638 6.4172% $2,165,795 $176,472 $497,331 $497,331 $497,331 $497,331 Unpaid Madeira Beach 22,524 13.5872% $4,585,671 $373,647 $1,053,006 $1,053,006 $1,053,006 $1,053,006 Amounts as Treasure Island 25,786 15.5549% $5,249,783 $427,760 $1,205,506 $1,205,506 $1,205,506 $1,205,506 of 09/30/2026 St. Pete Beach 39,228 23.6635% $7,986,445 $650,747 $1,833,924 $1,833,924 $1,833,924 $1,833,924 are not available Totals 165,774 100% $35,000,000 $3,000,000 $8,000,000 $8,000,000 $8,000,000 $8,000,000 to Cities $203.89 per ROW Foot *Indian Shores to receive $500,000 * Clearwater to receive $750,000 Exhibit A to Penny IV Gulf Blvd. Undergrounding Interlocal Agreement ** ** Due to rounding total amount actually equals $34,999,999. This does not affect the Maximum Penny IV Assistance available to each City as shown here. Exhibit B Penny IV Gulf Blvd. Undergrounding Interlocal Agreement Clearwater Eligible Projects (not to exceed $750,000.00 in Penny IV reimbursement): x Mandalay Channel pedestrian bridge underpass construction x Illuminated crosswalks along the major pedestrian corridors on the beach: near Pier 60/Coronado, S. Gulfview at Bayway/Parkway Dr./Gulf Blvd. Indian Shores Eligible Projects (not to exceed $500,000.00 in Penny IV reimbursement): x A Public Art project as enumerated in Section 18 of the plan. x Wayfinding and monument signs. x Replacement of up to eight bus shelters These projects may include design, engineering, demolition, landscaping, irrigation, lighting and other costs. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8194 Agenda Date: 9/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 7.15 SUBJECT/RECOMMENDATION: Approve Amendment No. 1 for the Emergency Medical Services ALS First Responder Agreement between Pinellas County and City of Clearwater for a budget increase for emergency medical services to the Clearwater Fire District and authorize the appropriate officials to execute same. (consent) SUMMARY: The Pinellas County Emergency Medical Services Authority (EMS Authority) is a special district created for the purpose of providing Emergency Medical Services (EMS) throughout Pinellas County, pursuant to Chapter 80-585, Laws of Florida, and Chapter 54, Article III, Pinellas County Code, as amended. Pinellas County has contracted with various municipalities and independent special fire districts in the County to provide first responder services and has also contracted with an ambulance contractor to provide emergency and non-emergency transport services. Through this contract, Clearwater Fire & Rescue provides advanced life support services to the residents of the City of Clearwater and to individuals within the unincorporated area of Pinellas County that is located within the Clearwater Fire Control District. On August 14, 2019, City Council approved the five-year Emergency Medical Services ALS First Responder Agreement between Pinellas County (Authority) and City of Clearwater (Contractor) commencing October 1, 2019 and ending at midnight September 30, 2024, which may be extended for an additional five-year period following the initial term, provided that the Parties mutually agree in writing to such extension. This agreement provides for reimbursement of engine and rescue units, EMS Coordination positions, and projected capital as outlined in Appendix A. As noted in Section 701(f) of the initial Agreement, if there is an extraordinary budget increase exceeding 3% of the prior fiscal year’s budget, the increase must be negotiated and approved prior to the beginning of the next fiscal year. Clearwater Fire & Rescue submitted a budget increase and the Authority agreed to this increase and authorizes the Contractor’s budget request of 8.38% or $534,836, which increases the funding for Fiscal Year 20-21 to $6,920,226. All terms of the initial Agreement will remain in full force and effect, and the Contractor and Authority agree that the effective date of Amendment No. 1 is October 1, 2020. APPROPRIATION CODE AND AMOUNT: NA Page 1 City of Clearwater Printed on 9/17/2020 File Number: ID#20-8194 USE OF RESERVE FUNDS: NA Page 2 City of Clearwater Printed on 9/17/2020 Emergency Medical Services ALS First Responder Agreement Page 4 IN WITNESS WHEREOF the parties hereto, by and through their undersigned authorized officers have caused this Agreement to be executed on this _______ day of ___________________________, 2020. ATTEST: PINELLAS COUNTY EMERGENCY KENNETH BURKE, CLERK MEDICAL SERVICES AUTHORITY By and through its Board of County Commissioners by: _____________________________ by: ___________________________ Deputy Clerk Chairman Countersigned: CITY OF CLEARWATER, FLORIDA by: _____________________________ by: ___________________________ Frank Hibbard William B. Horne II Mayor City Manager Approved as to form: Attest: by: _____________________________ by: ___________________________ Matthew Smith Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8224 Agenda Date: 9/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 7.16 SUBJECT/RECOMMENDATION: Authorize a Purchase Order to Ten-8 Fire Equipment Inc., of Bradenton, FL, for the purchase of two new Pierce Heavy Duty Velocity Pumpers in an amount of $1,334,223.00 in accordance with Sec. 2.564(1)(d), Clearwater Code of Ordinances - Other Governmental Entities Bids; declare G2946 and G2611 surplus effective upon receipt of the two purchased vehicles and authorize for disposal at auction in accordance with Clearwater Code of Ordinances Section 2.622 or authorize trade-in in accordance with Section 2.624 Clearwater Code of Ordinances- Exceptions to auction sale bidding procedures whichever is deemed to be in the City’s best interests; and authorize the appropriate officials to execute same. (consent) SUMMARY: Clearwater Fire and Rescue is requesting authorization to purchase two (2) heavy-duty front-line pumpers (engines) to replace Engine 49 and Engine 51. Upon receipt of the new vehicles, Engine 49 (G3792), purchased in 2011, will move to the reserve fleet to maintain required reserve units. Reserve unit (G2946) purchased in 2004 will be retired. Engine 51 (G3793), purchased in 2011, will move to the reserve fleet to maintain required reserve units. Reserve unit (G2611) purchased in 2002 will be retired. The full price for one fire engine is $686,966.00. The dealer and manufacturer have offered a multi-unit discount of $39,709.00. The City will be reimbursed by the County for a portion of the purchase, approximately 11%, as the vehicles will support fire operations in the unincorporated areas of the Clearwater Fire District. Clearwater Fire and Rescue has determined the Pierce Heavy Duty Velocity Pumper built by Pierce Manufacturing meets the operational needs of the department. A heavy -duty velocity pumper provides exceptional pumping water capability, enhanced storage capability, lower vehicle profile, and will significantly up-grade the abilities of the engine it replaces. This purchase is a piggyback of Florida Sheriffs Association Cooperative Purchasing Program Contract #FSA20-VEF14.0, Fire Rescue Vehicles and Other Equipment, Fire Rescue 14.02. Estimated annual operating costs in the department’s annual operating budget include fuel and routine garage charges for operating the new vehicle. Garage charges on the new vehicle are expected to be less than the replaced vehicle. Page 1 City of Clearwater Printed on 9/17/2020 File Number: ID#20-8224 APPROPRIATION CODE AND AMOUNT: Funds have been included in the fiscal year 2020/21 budget allocating Penny for Pinellas funds for this purchase in capital improvement project 91218, Fire Engine Replacement. USE OF RESERVE FUNDS: NA Page 2 City of Clearwater Printed on 9/17/2020 Proposal for Clearwater Prepared by Ten-8 Fire Equipment, Inc 08/31/2020 Clearwater Fire & Rescue Velocity Pumper FY2021 1 of 118 CONTENTS SINGLE SOURCE MANUFACTURER ............................................................................................. 15 COMPARISON REPORT ................................................................................................................. 15 SPECIAL INSTRUCTIONS .............................................................................................................. 15 NFPA 2016 STANDARDS ................................................................................................................ 15 NFPA COMPLIANCY ....................................................................................................................... 15 VEHICLE INSPECTION PROGRAM CERTIFICATION .................................................................... 16 PUMP TEST .................................................................................................................................... 16 GENERATOR TEST ........................................................................................................................ 16 BREATHING AIR TEST ................................................................................................................... 16 BID BOND NOT REQUESTED ........................................................................................................ 16 PERFORMANCE BOND .................................................................................................................. 17 APPROVAL DRAWING .................................................................................................................... 17 ELECTRICAL WIRING DIAGRAMS ................................................................................................. 17 VELOCITY CHASSIS ....................................................................................................................... 17 WHEELBASE ................................................................................................................................... 17 GVW RATING .................................................................................................................................. 17 FRAME ............................................................................................................................................ 17 FRONT NON DRIVE AXLE .............................................................................................................. 17 FRONT SUSPENSION .................................................................................................................... 18 FRONT SHOCK ABSORBERS ........................................................................................................ 19 FRONT OIL SEALS.......................................................................................................................... 19 FRONT TIRES ................................................................................................................................. 19 REAR AXLE ..................................................................................................................................... 19 TOP SPEED OF VEHICLE ............................................................................................................... 19 REAR SUSPENSION ....................................................................................................................... 19 REAR OIL SEALS ............................................................................................................................ 19 REAR TIRES.................................................................................................................................... 19 TIRE BALANCE ............................................................................................................................... 20 TIRE PRESSURE MANAGEMENT .................................................................................................. 20 MUD FLAPS .................................................................................................................................... 20 WHEEL CHOCKS ............................................................................................................................ 20 Wheel Chock Brackets.................................................................................................................. 20 Clearwater Fire & Rescue Velocity Pumper FY2021 2 of 118 ANTI-LOCK BRAKE SYSTEM ......................................................................................................... 20 BRAKES .......................................................................................................................................... 20 BRAKE SYSTEM AIR COMPRESSOR ............................................................................................ 21 BRAKE SYSTEM ............................................................................................................................. 21 BRAKE SYSTEM AIR DRYER ......................................................................................................... 21 BRAKE LINES .................................................................................................................................. 21 AIR INLET/OUTLET ......................................................................................................................... 21 COMPRESSION FITTINGS ONLY ................................................................................................... 21 ENGINE ........................................................................................................................................... 22 HIGH IDLE ....................................................................................................................................... 22 ENGINE BRAKE .............................................................................................................................. 22 CLUTCH FAN .................................................................................................................................. 23 ENGINE AIR INTAKE ....................................................................................................................... 23 EXHAUST SYSTEM ......................................................................................................................... 23 EXHAUST MODIFICATION ............................................................................................................. 23 EXHAUST DIFFUSER ..................................................................................................................... 23 RADIATOR ...................................................................................................................................... 23 COOLANT LINES ............................................................................................................................ 24 RADIATOR COOLANT .................................................................................................................... 24 FUEL TANK ..................................................................................................................................... 24 DIESEL EXHAUST FLUID TANK ..................................................................................................... 25 FUEL SHUTOFF .............................................................................................................................. 25 TRANSMISSION .............................................................................................................................. 25 TRANSMISSION SHIFTER .............................................................................................................. 25 TRANSMISSION COOLER .............................................................................................................. 26 DOWNSHIFT MODE (w/engine brake)............................................................................................. 26 TRANSMISSION FLUID ................................................................................................................... 26 DRIVELINE ...................................................................................................................................... 26 STEERING ....................................................................................................................................... 26 STEERING WHEEL ......................................................................................................................... 26 LOGO AND CUSTOMER DESIGNATION ON DASH ....................................................................... 26 BUMPER .......................................................................................................................................... 26 Gravel Pan.................................................................................................................................... 27 Clearwater Fire & Rescue Velocity Pumper FY2021 3 of 118 CENTER HOSE TRAY ..................................................................................................................... 27 Center Hose Tray Restraint .......................................................................................................... 27 LEFT SIDE HOSE TRAY ................................................................................................................. 27 LEFT HOSE TRAY RESTRAINT ...................................................................................................... 27 LIFT AND TOW MOUNTS ................................................................................................................ 27 TOW HOOKS ................................................................................................................................... 28 LINE-X® COATING - FRONT BUMPER .......................................................................................... 28 CAB ................................................................................................................................................. 28 INTERIOR CAB INSULATION ......................................................................................................... 29 FENDER LINERS ............................................................................................................................ 29 PANORAMIC WINDSHIELD ............................................................................................................ 29 WINDSHIELD WIPERS .................................................................................................................... 29 FAST SERVICE ACCESS FRONT TILT HOOD ............................................................................... 29 ENGINE TUNNEL ............................................................................................................................ 30 CAB REAR WALL EXTERIOR COVERING ..................................................................................... 30 CAB LIFT ......................................................................................................................................... 31 Cab Lift Interlock ........................................................................................................................... 31 GRILLE ............................................................................................................................................ 31 DOOR FRAME SCUFFPLATE ......................................................................................................... 31 SCUFFPLATES (rear corners of crew cab) ...................................................................................... 31 DOOR JAMB SCUFFPLATES ......................................................................................................... 31 FRONT CAB TRIM ........................................................................................................................... 32 MIRRORS ........................................................................................................................................ 32 CAB DOORS.................................................................................................................................... 32 Door Panels .................................................................................................................................. 33 RECESSED POCKET WITH ELASTIC COVER ............................................................................... 33 ELECTRIC WINDOW CONTROLS .................................................................................................. 33 DUAL STEPS ................................................................................................................................... 33 CAB EXTERIOR HANDRAILS ......................................................................................................... 34 STEP LIGHTS .................................................................................................................................. 34 FENDER CROWNS ......................................................................................................................... 34 FASTENERS.................................................................................................................................... 34 ENGINE TUNNEL INSULATION FASTENERS ................................................................................ 34 Clearwater Fire & Rescue Velocity Pumper FY2021 4 of 118 CAB ROOF DRIP RAIL .................................................................................................................... 34 WORK SURFACE ............................................................................................................................ 34 CAB INTERIOR ................................................................................................................................ 35 CAB INTERIOR UPHOLSTERY ....................................................................................................... 35 CAB INTERIOR PAINT .................................................................................................................... 35 CAB FLOOR .................................................................................................................................... 36 DEFROST/AIR CONDITIONING SYSTEM ...................................................................................... 36 Cab Defroster ............................................................................................................................... 36 Cab/Crew Auxiliary Heater ............................................................................................................ 36 Air Conditioning ............................................................................................................................ 36 Climate Control ............................................................................................................................. 37 Gravity Drain Tubes ...................................................................................................................... 38 CAB DEFROSTER ........................................................................................................................... 38 SUN VISORS ................................................................................................................................... 38 GRAB HANDLE ............................................................................................................................... 38 ENGINE COMPARTMENT LIGHT ................................................................................................... 38 ACCESS TO ENGINE DIPSTICKS .................................................................................................. 38 RECORDS TRAY ............................................................................................................................. 39 FRONTAL IMPACT PROTECTION .................................................................................................. 39 SEATING CAPACITY ....................................................................................................................... 40 DRIVER SEAT ................................................................................................................................. 40 OFFICER SEAT ............................................................................................................................... 40 REAR FACING LEFT SIDE CABINET.............................................................................................. 41 Cabinet Light ................................................................................................................................ 41 REAR FACING RIGHT SIDE CABINET ........................................................................................... 41 Cabinet Light ................................................................................................................................ 42 FORWARD FACING DRIVER SIDE OUTBOARD SEAT.................................................................. 42 FORWARD FACING CENTER SEAT............................................................................................... 42 FORWARD FACING PASSENGER SIDE OUTBOARD SEAT ......................................................... 42 DOOR PAN SCUFFPLATE .............................................................................................................. 43 SEAT UPHOLSTERY ....................................................................................................................... 43 AIR BOTTLE HOLDERS .................................................................................................................. 43 SEAT BELTS ................................................................................................................................... 43 Clearwater Fire & Rescue Velocity Pumper FY2021 5 of 118 SHOULDER HARNESS HEIGHT ADJUSTMENT ............................................................................ 43 HELMET STORAGE PROVIDED BY FIRE DEPARTMENT ............................................................. 43 CAB DOME LIGHTS ........................................................................................................................ 44 OVERHEAD MAP LIGHTS ............................................................................................................... 44 MAP LIGHT ...................................................................................................................................... 44 PORTABLE HAND LIGHTS, PROVIDED BY FIRE DEPARTMENT ................................................. 44 ADDITIONAL HAND HELD LIGHT ................................................................................................... 44 CAB INSTRUMENTATION............................................................................................................... 45 Gauges ......................................................................................................................................... 45 Indicator Lamps ............................................................................................................................ 46 Alarms .......................................................................................................................................... 47 Indicator Lamp and Alarm Prove-Out ............................................................................................ 47 Control Switches ........................................................................................................................... 47 Custom Switch Panels .................................................................................................................. 48 Diagnostic Panel ........................................................................................................................... 48 Cab LCD Display .......................................................................................................................... 49 AIR RESTRICTION INDICATOR ...................................................................................................... 49 "DO NOT MOVE APPARATUS" INDICATOR .................................................................................. 49 DO NOT MOVE TRUCK MESSAGES .............................................................................................. 49 SWITCH PANELS ............................................................................................................................ 50 WIPER CONTROL ........................................................................................................................... 50 SPARE CIRCUIT ............................................................................................................................. 51 SPARE CIRCUIT ............................................................................................................................. 51 CAT 6 SPARE WIRE ........................................................................................................................ 51 SPARE CIRCUIT ............................................................................................................................. 51 SPARE CIRCUIT ............................................................................................................................. 52 18 GAUGE SPARE WIRE ................................................................................................................ 52 SPARE CIRCUIT ............................................................................................................................. 52 SPARE CIRCUIT ............................................................................................................................. 53 INFORMATION CENTER................................................................................................................. 53 General Screen Design................................................................................................................. 53 Home/Transit Screen .................................................................................................................... 54 On Scene Screen ......................................................................................................................... 54 Clearwater Fire & Rescue Velocity Pumper FY2021 6 of 118 Virtual Buttons .............................................................................................................................. 54 Page Screen ................................................................................................................................. 54 COLLISION MITIGATION ................................................................................................................ 56 VEHICLE DATA RECORDER .......................................................................................................... 57 Seat Belt Monitoring System ......................................................................................................... 57 2-WAY RADIO REMOTE HEAD CABLE .......................................................................................... 58 GPS / MULTIMODE ANTENNA INSTALLATION ............................................................................. 58 ANTENNA ONLY, GPS .................................................................................................................... 58 RADIO ANTENNA MOUNT .............................................................................................................. 58 RADIO ANTENNA MOUNT .............................................................................................................. 58 VEHICLE CAMERA SYSTEM .......................................................................................................... 58 VEHICLE CAMERA GUARD ............................................................................................................ 59 ELECTRICAL POWER CONTROL SYSTEM ................................................................................... 59 Solid-State Control System ........................................................................................................... 59 Circuit Protection and Control Diagram ......................................................................................... 60 On-Board Advanced/Visual Electrical System Diagnostics ........................................................... 60 Tech Module with WiFi.................................................................................................................. 61 Prognostics ................................................................................................................................... 61 Advanced Diagnostics .................................................................................................................. 61 Indicator Light and Alarm Prove-Out System ................................................................................ 61 Voltage Monitor System ................................................................................................................ 62 Dedicated Radio Equipment Connection Points ............................................................................ 62 Enhanced Software ...................................................................................................................... 62 EMI/RFI Protection ....................................................................................................................... 62 ELECTRICAL ................................................................................................................................... 63 BATTERY SYSTEM ......................................................................................................................... 63 BATTERY SYSTEM ......................................................................................................................... 64 MASTER BATTERY SWITCH .......................................................................................................... 64 BATTERY COMPARTMENTS ......................................................................................................... 64 JUMPER STUDS ............................................................................................................................. 64 BATTERY CHARGER ...................................................................................................................... 64 AUTO EJECT FOR SHORELINE ..................................................................................................... 65 ALTERNATOR ................................................................................................................................. 65 Clearwater Fire & Rescue Velocity Pumper FY2021 7 of 118 LOAD MANAGER ROCKER SWITCH ............................................................................................. 65 LIGHT, PROGRAMMING ................................................................................................................. 65 ELECTRONIC LOAD MANAGER ..................................................................................................... 65 SEQUENCER .................................................................................................................................. 66 HEADLIGHTS .................................................................................................................................. 67 DIRECTIONAL LIGHTS ................................................................................................................... 67 CAB CLEARANCE/MARKER/ID LIGHTS ......................................................................................... 67 INTERMEDIATE LIGHT ................................................................................................................... 67 REAR CLEARANCE/MARKER/ID LIGHTING .................................................................................. 67 REAR FMVSS LIGHTING ................................................................................................................ 68 LICENSE PLATE BRACKET ............................................................................................................ 68 BACK-UP ALARM ............................................................................................................................ 68 CAB PERIMETER SCENE LIGHTS ................................................................................................. 69 PUMP HOUSE PERIMETER LIGHTS .............................................................................................. 69 BODY PERIMETER SCENE LIGHTS .............................................................................................. 69 ADDITIONAL PERIMETER LIGHTS ................................................................................................ 69 ADDITIONAL PERIMETER LIGHTS ................................................................................................ 69 STEP LIGHTS .................................................................................................................................. 69 ADDITIONAL STEP LIGHT .............................................................................................................. 70 POLISHED STAINLESS STEEL TRIM ARROUIND REAR LIGHT ................................................... 70 HOSE BED LIGHTS ......................................................................................................................... 70 12 VOLT LIGHTING ......................................................................................................................... 70 12 VOLT DC SCENE LIGHTS .......................................................................................................... 70 12 VOLT DC SCENE LIGHTS .......................................................................................................... 71 12 VOLT LIGHTING ......................................................................................................................... 71 12 VOLT LIGHTING ......................................................................................................................... 71 12 VOLT LIGHTING ......................................................................................................................... 71 WALKING SURFACE LIGHTS ......................................................................................................... 72 SPECIAL WATER TANK .................................................................................................................. 72 WATER TANK RESTRAINT ............................................................................................................. 73 HOSE BED ...................................................................................................................................... 73 HOSE BED DIVIDER ....................................................................................................................... 74 HOSE BED HOSE RESTRAINT....................................................................................................... 74 Clearwater Fire & Rescue Velocity Pumper FY2021 8 of 118 HOSEBED HOSE RESTRAINT ....................................................................................................... 74 FILL DOME ACCESS ....................................................................................................................... 74 RUNNING BOARDS ........................................................................................................................ 74 TAILBOARD ..................................................................................................................................... 75 REAR WALL, SMOOTH ALUMINUM/BODY MATERIAL ................................................................. 75 TOW BAR ........................................................................................................................................ 75 RUNNING BOARD HOSE RESTRAINT ........................................................................................... 75 HOSE TRAY .................................................................................................................................... 75 COMPARTMENTATION .................................................................................................................. 75 UNDERBODY SUPPORT SYSTEM ................................................................................................. 76 AGGRESSIVE WALKING SURFACE .............................................................................................. 77 LOUVERS ........................................................................................................................................ 77 TESTING OF BODY DESIGN .......................................................................................................... 77 LEFT SIDE COMPARTMENTATION ............................................................................................... 77 RIGHT SIDE COMPARTMENTATION ............................................................................................. 78 SIDE COMPARTMENT ROLLUP DOOR(S) .................................................................................... 79 REAR COMPARTMENTATION........................................................................................................ 80 ROLLUP REAR COMPARTMENT DOOR ........................................................................................ 80 SCUFFPLATE .................................................................................................................................. 81 SCUFFPLATE .................................................................................................................................. 81 SCUFFPLATE .................................................................................................................................. 81 STAINLESS STEEL "D" LATCH GUARD ......................................................................................... 81 DOOR GUARD ................................................................................................................................ 81 COMPARTMENT LIGHTING ........................................................................................................... 81 COMPARTMENT LIGHTING, ADDITIONAL .................................................................................... 81 MOUNTING TRACKS ...................................................................................................................... 82 ADJUSTABLE SHELVES ................................................................................................................. 82 BACKBOARD STORAGE ................................................................................................................ 82 COMPARTMENT GRATING ............................................................................................................ 82 EQUIPMENT MOUNTING ................................................................................................................ 82 HIGH RISE PACK CURVED MOUNT(S) .......................................................................................... 82 RUB RAIL ........................................................................................................................................ 83 BODY FENDER CROWNS .............................................................................................................. 83 Clearwater Fire & Rescue Velocity Pumper FY2021 9 of 118 BODY FENDER LINER .................................................................................................................... 83 HARD SUCTION HOSE ................................................................................................................... 83 HANDRAILS .................................................................................................................................... 83 HANDRAILS .................................................................................................................................... 83 AIR BOTTLE STORAGE (Double) ................................................................................................... 84 AIR BOTTLE STORAGE (Double) ................................................................................................... 84 EXTENSION LADDER ..................................................................................................................... 84 ROOF LADDER ............................................................................................................................... 84 HYDRAULIC LADDER RACK .......................................................................................................... 84 LADDER RACK INTERLOCK AND NOT STOWED INDICATOR LIGHT ......................................... 85 HYDRAULIC LADDER RACK DEPLOYED LIGHTS ........................................................................ 85 FOLDING LADDER .......................................................................................................................... 85 LADDER, MOUNTING, 2000 RACK, SPECIAL ARRANGEMENT ................................................... 85 PIKE POLE PROVIDED BY FIRE DEPARTMENT ........................................................................... 85 6' PIKE POLE PROVIDED BY FIRE DEPARTMENT ....................................................................... 86 PIKE POLE STORAGE .................................................................................................................... 86 FOLDING STEPS FRONT OF BODY .............................................................................................. 86 REAR FOLDING STEPS .................................................................................................................. 86 PUMP .............................................................................................................................................. 86 PUMP PACKING .............................................................................................................................. 87 PUMP TRANSMISSION ................................................................................................................... 87 PUMPING MODE ............................................................................................................................. 87 AIR PUMP SHIFT ............................................................................................................................ 88 TRANSMISSION LOCK-UP ............................................................................................................. 88 AUXILIARY COOLING SYSTEM...................................................................................................... 88 INTAKE RELIEF VALVE .................................................................................................................. 88 PRESSURE GOVERNOR ................................................................................................................ 88 PRIMER SYSTEM ........................................................................................................................... 89 PUMP MANUALS ............................................................................................................................ 89 PLUMBING, STAINLESS STEEL AND HOSE ................................................................................. 89 FOAM SYSTEM PLUMBING ............................................................................................................ 90 MAIN PUMP INLETS ....................................................................................................................... 90 MAIN PUMP INLET CAP ................................................................................................................. 90 Clearwater Fire & Rescue Velocity Pumper FY2021 10 of 118 VALVES ........................................................................................................................................... 90 LEFT SIDE INLET ............................................................................................................................ 90 RIGHT SIDE INLET.......................................................................................................................... 90 INLET CONTROL ............................................................................................................................ 90 FRONT INLET .................................................................................................................................. 90 FRONT INLET CONTROL ............................................................................................................... 91 FRONT INLET INTAKE RELIEF VALVE .......................................................................................... 91 FRONT INLET CAP ......................................................................................................................... 91 FRONT INLET ELBOW .................................................................................................................... 91 CLEARANCE, FRONT SUCTION .................................................................................................... 91 INLET BLEEDER VALVE ................................................................................................................. 91 TANK TO PUMP .............................................................................................................................. 92 TANK REFILL .................................................................................................................................. 92 LEFT SIDE DISCHARGE OUTLETS ................................................................................................ 92 RIGHT SIDE DISCHARGE OUTLETS ............................................................................................. 92 FRONT DISCHARGE OUTLET ........................................................................................................ 92 FRONT OUTLET RAISED ................................................................................................................ 92 REAR DISCHARGE OUTLET .......................................................................................................... 92 DISCHARGE OUTLET (Rear) .......................................................................................................... 93 DISCHARGE CAPS/ INLET PLUGS ................................................................................................ 93 OUTLET BLEEDER VALVE ............................................................................................................. 93 LEFT SIDE OUTLET ELBOWS ........................................................................................................ 93 RIGHT SIDE OUTLET ELBOWS ...................................................................................................... 93 ADDITIONAL RIGHT SIDE OUTLET ELBOWS ............................................................................... 93 REAR OUTLET ELBOWS PROVIDED BY FIRE DEPARTMENT ..................................................... 94 DISCHARGE OUTLET CONTROLS ................................................................................................ 94 DELUGE RISER .............................................................................................................................. 94 TELESCOPIC PIPING ..................................................................................................................... 94 MONITOR ........................................................................................................................................ 94 CROSSLAY HOSE BEDS ................................................................................................................ 95 CROSSLAY/DEADLAY HOSE RESTRAINT .................................................................................... 95 CROSSLAY 6.00" LOWER THAN STD ............................................................................................ 95 CROSSLAY WALL SCUFFPLATES ................................................................................................. 95 Clearwater Fire & Rescue Velocity Pumper FY2021 11 of 118 FOAM SYSTEM ............................................................................................................................... 95 FOAM TANK .................................................................................................................................... 96 FOAM TANK DRAIN ........................................................................................................................ 96 COLOR CODED TAGS .................................................................................................................... 96 SPECIAL TEXT/VERBIAGE TAGS .................................................................................................. 96 PUMP COMPARTMENT .................................................................................................................. 96 PUMP CONTROL PANELS (Side Control) ....................................................................................... 97 PUMP PANEL CONFIGURATION ................................................................................................... 97 PUMP AND GAUGE PANEL ............................................................................................................ 97 PUMP COMPARTMENT LIGHT ....................................................................................................... 97 THROTTLE READY GREEN INDICATOR LIGHT ............................................................................ 98 OK TO PUMP INDICATOR LIGHT ................................................................................................... 98 AIR HORN BUTTON ........................................................................................................................ 98 VACUUM AND PRESSURE GAUGES............................................................................................. 98 PRESSURE GAUGES ..................................................................................................................... 98 WATER LEVEL GAUGE .................................................................................................................. 99 WATER LEVEL GAUGE .................................................................................................................. 99 CLASS "A" FOAM LEVEL GAUGE ................................................................................................ 100 LIGHT SHIELD ............................................................................................................................... 100 ADDITIONAL STEP/LIGHT SHIELD .............................................................................................. 100 ADDITIONAL STEP/LIGHT SHIELD .............................................................................................. 101 AIR HORN SYSTEM ...................................................................................................................... 101 Air Horn Location ........................................................................................................................ 101 AIR HORN CONTROL ................................................................................................................... 101 ELECTRONIC SIREN .................................................................................................................... 101 SIREN CONTROL .......................................................................................................................... 101 SPEAKER ...................................................................................................................................... 101 AUXILIARY MECHANICAL SIREN ................................................................................................ 102 MECHANICAL SIREN CONTROL .................................................................................................. 102 FRONT ZONE UPPER WARNING LIGHTS ................................................................................... 102 LIGHTBAR MOUNTING BRACKETS ............................................................................................. 103 SIDE WARNING LIGHTS ............................................................................................................... 103 CAB FACE WARNING LIGHTS ..................................................................................................... 104 Clearwater Fire & Rescue Velocity Pumper FY2021 12 of 118 FRONT WARNING LIGHT ............................................................................................................. 104 FRONT WARNING FLASH PATTERN ADJUSTMENT .................................................................. 104 SIDE ZONE LOWER LIGHTING .................................................................................................... 104 INTERIOR CAB COMPARTMENT DOOR WARNING LIGHTS ...................................................... 105 INTERIOR CAB DOOR WARNING LIGHTS .................................................................................. 105 SIDE WARNING LIGHTS ............................................................................................................... 105 SIDE WARNING LIGHTS ............................................................................................................... 105 REAR ZONE LOWER LIGHTING ................................................................................................... 106 MOUNTING, RECESS LIGHT ........................................................................................................ 106 REAR/SIDE ZONE UPPER WARNING LIGHTS ............................................................................ 106 120 VOLT RECEPTACLE .............................................................................................................. 106 LOOSE EQUIPMENT ..................................................................................................................... 106 NFPA REQUIRED LOOSE EQUIPMENT PROVIDED BY FIRE DEPARTMENT ........................... 107 SOFT SUCTION HOSE PROVIDED BY FIRE DEPARTMENT ...................................................... 108 DRY CHEMICAL EXTINGUISHER PROVIDED BY FIRE DEPARTMENT ..................................... 108 WATER EXTINGUISHER PROVIDED BY FIRE DEPARTMENT ................................................... 108 FLATHEAD AXE PROVIDED BY FIRE DEPARTMENT ................................................................. 108 PICKHEAD AXE PROVIDED BY FIRE DEPARTMENT ................................................................. 108 PAINT - BODY PAINTED TO MATCH CAB ................................................................................... 108 PAINT - ENVIRONMENTAL IMPACT ......................................................................................... 110 PAINT CHASSIS FRAME ASSEMBLY........................................................................................... 110 PAINT, REAR WHEELS ................................................................................................................. 111 COMPARTMENT INTERIOR PAINT .............................................................................................. 111 REFLECTIVE BAND ...................................................................................................................... 111 REAR CHEVRON STRIPING ......................................................................................................... 111 JOG(S) IN REFLECTIVE BAND ..................................................................................................... 111 SIGN GOLD STRIPE ..................................................................................................................... 111 REFLECTIVE STRIPE OUTLINE ................................................................................................... 111 REFLECTIVE STRIPE INSIDE COMPARTMENT DOOR .............................................................. 111 CAB DOOR REFLECTIVE STRIPE ............................................................................................... 112 CAB STRIPE .................................................................................................................................. 112 LETTERING ................................................................................................................................... 112 LETTERING ................................................................................................................................... 112 Clearwater Fire & Rescue Velocity Pumper FY2021 13 of 118 LETTERING ................................................................................................................................... 112 LETTERING ................................................................................................................................... 112 LETTERING ................................................................................................................................... 112 LETTERING ................................................................................................................................... 112 EMBLEM - RIBBON STYLE ........................................................................................................... 112 AMERICA'S BRAVEST EMBLEM .................................................................................................. 112 EMBLEM ........................................................................................................................................ 112 EMBLEM ........................................................................................................................................ 112 EMBLEM ........................................................................................................................................ 113 LETTERING/NUMERALS ON CAB GRILLE .................................................................................. 113 MANUAL, FIRE APPARATUS PARTS ........................................................................................... 113 SERVICE PARTS INTERNET SITE ............................................................................................... 113 MANUALS, CHASSIS SERVICE .................................................................................................... 113 MANUALS, CHASSIS OPERATION .............................................................................................. 114 ONE (1) YEAR MATERIAL AND WORKMANSHIP ........................................................................ 114 THREE (3) YEAR MATERIAL AND WORKMANSHIP .................................................................... 114 ENGINE WARRANTY .................................................................................................................... 114 STEERING GEAR WARRANTY..................................................................................................... 114 FIFTY (50) YEAR STRUCTURAL INTEGRITY ............................................................................... 114 FRONT AXLE THREE (3) YEAR MATERIAL AND WORKMANSHIP WARRANTY ....................... 114 REAR AXLE TWO (2) YEAR MATERIAL AND WORKMANSHIP WARRANTY .............................. 114 ABS BRAKE SYSTEM THREE (3) YEAR MATERIAL AND WORKMANSHIP WARRANTY .......... 114 TEN (10) YEAR STRUCTURAL INTEGRITY ................................................................................. 115 TEN (10) YEAR PRO-RATED PAINT AND CORROSION.............................................................. 115 FIVE (5) YEAR MATERIAL AND WORKMANSHIP ........................................................................ 115 CAMERA SYSTEM WARRANTY ................................................................................................... 115 COMPARTMENT LIGHT WARRANTY........................................................................................... 115 TRANSMISSION WARRANTY ....................................................................................................... 115 TRANSMISSION COOLER WARRANTY ....................................................................................... 115 WATER TANK WARRANTY .......................................................................................................... 115 TEN (10) YEAR STRUCTURAL INTEGRITY ................................................................................. 115 ROLL UP DOOR MATERIAL AND WORKMANSHIP WARRANTY ................................................ 115 PUMP WARRANTY ...................................................................................................................... 115 Clearwater Fire & Rescue Velocity Pumper FY2021 14 of 118 TEN (10) YEAR PUMP PLUMBING WARRANTY .......................................................................... 115 TEN (10) YEAR PRO-RATED PAINT AND CORROSION.............................................................. 116 ONE (1) YEAR MATERIAL AND WORKMANSHIP ........................................................................ 116 VEHICLE STABILITY CERTIFICATION ......................................................................................... 116 ENGINE INSTALLATION CERTIFICATION ................................................................................... 116 POWER STEERING CERTIFICATION .......................................................................................... 116 CAB INTEGRITY CERTIFICATION ................................................................................................ 116 Roof Crush ................................................................................................................................. 116 Additional Roof Crush ................................................................................................................. 116 Side Impact ................................................................................................................................. 116 Frontal Impact ............................................................................................................................. 117 Additional Frontal Impact ............................................................................................................ 117 CAB DOOR DURABILITY CERTIFICATION .................................................................................. 117 WINDSHIELD WIPER DURABILITY CERTIFICATION .................................................................. 117 ELECTRIC WINDOW DURABILITY CERTIFICATION ................................................................... 117 SEAT BELT ANCHOR STRENGTH ............................................................................................... 117 SEAT MOUNTING STRENGTH ..................................................................................................... 117 PERFORMANCE CERTIFICATIONS ............................................................................................. 118 Cab Air Conditioning ................................................................................................................... 118 Cab Defroster ............................................................................................................................. 118 Cab Auxiliary Heater ................................................................................................................... 118 AMP DRAW REPORT .................................................................................................................... 118 Clearwater Fire & Rescue Velocity Pumper FY2021 15 of 118 SINGLE SOURCE MANUFACTURER Pierce Manufacturing, Inc. provides an integrated approach to the design and manufacture of our products that delivers superior apparatus and a dedicated support team. From our facilities, the chassis, cab weldment, cab, pumphouse (including the sheet metal enclosure, valve controls, piping and operators panel) and body will be entirely designed, tested, and hand assembled to the customer's exact specifications. The electrical system either hardwired or multiplexed, will be both designed and integrated by Pierce Manufacturing. The warranties relative to these major components (excluding component warranties such as engine, transmission, axles, pump, etc.) will be provided by Pierce as a single source manufacturer. Pierce's single source solution adds value by providing a fully engineered product that offers durability, reliability, maintainability, performance, and a high level of quality. Your apparatus will be manufactured in Appleton, Wisconsin. COMPARISON REPORT A report will be provided to allow the Sales Representative to compare the options to a previous job. The report will be provided for job 33243. SPECIAL INSTRUCTIONS 22 sps and 466 options booked in Oct 2018 NFPA 2016 STANDARDS This unit will comply with the NFPA standards effective January 1, 2016, except for fire department directed exceptions. These exceptions will be set forth in the Statement of Exceptions. Certification of slip resistance of all stepping, standing and walking surfaces will be supplied with delivery of the apparatus. All horizontal surfaces designated as a standing or walking surface that are greater than 48.00" above the ground must be defined by a 1.00" wide line along its outside perimeter. Perimeter markings and designated access paths to destination points will be identified on the customer approval print and are shown as approximate. Actual location(s) will be determined based on materials used and actual conditions at final build. Access paths may pass through hose storage areas and opening or removal of covers or restraints may be required. Access paths may require the operation of devices and equipment such as the aerial device or ladder rack. A plate that is highly visible to the driver while seated will be provided. This plate will show the overall height, length, and gross vehicle weight rating. The manufacturer will have programs in place for training, proficiency testing and performance for any staff involved with certifications. An official of the company will designate, in writing, who is qualified to witness and certify test results. NFPA COMPLIANCY Apparatus proposed by the bidder will meet the applicable requirements of the National Fire Protection Association (NFPA) as stated in current edition at time of contract execution. Fire department's specifications that differ from NFPA specifications will be indicated in the proposal as "non-NFPA". Clearwater Fire & Rescue Velocity Pumper FY2021 16 of 118 VEHICLE INSPECTION PROGRAM CERTIFICATION To assure the vehicle is built to current NFPA standards, the apparatus, in its entirety, will be third- party, audit-certified through Underwriters Laboratory (UL) that it is built and complies to all applicable standards in the current edition of NFPA 1901. The certification will include: all design, production, operational, and performance testing of not only the apparatus, but those components that are installed on the apparatus. A placard will be affixed in the driver's side area stating the third party agency, the date, the standard and the certificate number of the whole vehicle audit. PUMP TEST Underwriters Laboratory (UL) will test, approved, and certify the pump. The test results and the pump manufacturer's certification of hydrostatic test; the engine manufacturer's certified brake horsepower curve; and the pump manufacturer's record of pump construction details will be forwarded to the Fire Department. GENERATOR TEST If the unit has a generator, Underwriters Laboratory (UL) will test, approved, and certify the generator. The test results will be provided to the Fire Department at the time of delivery. BREATHING AIR TEST If the unit has breathing air, Pierce Manufacturing will draw an air sample from the air system and have the sample certified that the air quality meets the requirements of NFPA 1989, Standard on Breathing Air Quality for Fire and Emergency Services Respiratory Protection. BID BOND NOT REQUESTED A bid bond will not be included. If requested, the following will apply: All bidders will provide a bid bond as security for the bid in the form of a 5% bid bond to accompany their bid. This bid bond will be issued by a Surety Company who is listed on the U.S. Treasury Departments list of acceptable sureties as published in Department Circular 570. The bid bond will be issued by an authorized representative of the Surety Company and will be accompanied by a certified power of attorney dated on or before the date of bid. The bid bond will include language, which assures that the bidder/principal will give a bond or bonds as may be specified in the bidding or contract documents, with good and sufficient surety for the faithful performance of the contract, including the Basic One (1) Year Limited Warranty, and for the prompt payment of labor and material furnished in the prosecution of the contract. Notwithstanding any document or assertion to the contrary, any surety bond related to the sale of a vehicle will apply only to the Basic One (1) Year Limited Warranty for such vehicle. Any surety bond related to the sale of a vehicle will not apply to any other warranties that are included within this bid (OEM or otherwise) or to the warranties (if any) of any third party of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. In the event of any contradiction or inconsistency between this provision and any other document or assertion, this provision will prevail. Clearwater Fire & Rescue Velocity Pumper FY2021 17 of 118 PERFORMANCE BOND Notwithstanding any document or assertion to the contrary, any surety bond related to the sale of a vehicle will apply only to the Basic One (1) Year Limited Warranty for such vehicle. Any surety bond related to the sale of a vehicle will not apply to any other warranties that are included within this bid (OEM or otherwise) or to the warranties (if any) of any third party of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. In the event of any contradiction or inconsistency between this provision and any other document or assertion, this provision will prevail. APPROVAL DRAWING A drawing of the proposed apparatus will be prepared and provided to the purchaser for approval before construction begins. The Pierce sales representative will also be provided with a copy of the same drawing. The finalized and approved drawing will become part of the contract documents. This drawing will indicate the chassis make and model, location of the lights, siren, horns, compartments, major components, etc. A "revised" approval drawing of the apparatus will be prepared and submitted by Pierce to the purchaser showing any changes made to the approval drawing. ELECTRICAL WIRING DIAGRAMS Two (2) electrical wiring diagrams, prepared for the model of chassis and body, will be provided. VELOCITY CHASSIS The Pierce Velocity® is the custom chassis developed exclusively for the fire service. Chassis provided will be a new, tilt type custom fire apparatus. The chassis will be manufactured in the apparatus body builder's facility eliminating any split responsibility. The chassis will be designed and manufactured for heavy duty service, with adequate strength and capacity for the intended load to be sustained and the type of service required. The chassis will be the manufacturer's first line tilt cab. WHEELBASE The wheelbase of the vehicle will be 184.50 inches. GVW RATING The gross vehicle weight rating will be 43500 . FRAME The chassis frame will be built with two (2) steel channels bolted to five (5) cross members or more, depending on other options of the apparatus. The side rails will have a 13.38" tall web over the front and mid sections of the chassis, with a continuous smooth taper to 10.75" over the rear axle. Each rail will have a section modulus of 25.992 cubic inches and a resisting bending moment (rbm) of 3,119,040 in-lb over the critical regions of the frame assembly, with a section modulus of 18.96 cubic inches with an rbm of 2,275,200 in-lb over the rear axle. The frame rails will be constructed of 120,000 psi yield strength heat-treated 0.38" thick steel with 3.50" wide flanges. FRONT NON DRIVE AXLE The Oshkosh TAK-4® front axle will be of the independent suspension design with a ground rating of 19,500 lb. Clearwater Fire & Rescue Velocity Pumper FY2021 18 of 118 Upper and lower control arms will be used on each side of the axle. Upper control arm castings will be made of 100,000-psi yield strength 8630 steel and the lower control arm casting will be made of 55,000-psi yield ductile iron. The center cross members and side plates will be constructed out of 80,000-psi yield strength steel. Each control arm will be mounted to the center section using elastomer bushings. These rubber bushings will rotate on low friction plain bearings and be lubricated for life. Each bushing will also have a flange end to absorb longitudinal impact loads, reducing noise and vibrations. There will be nine (9) grease fittings supplied, one (1) on each control arm pivot and one (1) on the steering gear extension. The upper control arm will be shorter than the lower arm so that wheel end geometry provides positive camber when deflected below rated load and negative camber above rated load. Camber at load will be 0 degrees for optimum tire life. The ball joint bearing will be of low friction design and be maintenance free. Toe links that are adjustable for alignment of the wheel to the center of the chassis will be provided. The wheel ends must have little to no bump steer when the chassis encounters a hole or obstacle. The steering linkage will provide proper steering angles for the inside and outside wheel, based on the vehicle wheelbase. The axle will have a third party certified turning angle of 45 degrees. Front discharge, front suction, or aluminum wheels will not infringe on this cramp angle. FRONT SUSPENSION Front Oshkosh TAK-4™ independent suspension will be provided with a minimum ground rating of 19,500 lb. The independent suspension system will be designed to provide maximum ride comfort. The design will allow the vehicle to travel at highway speeds over improved road surfaces and at moderate speeds over rough terrain with minimal transfer of road shock and vibration to the vehicle's crew compartment. Each wheel will have torsion bar type spring. In addition, each front wheel end will also have energy absorbing jounce bumpers to prevent bottoming of the suspension. The suspension design will be such that there is at least 10.00" of total wheel travel and a minimum of 3.75" before suspension bottoms. The torsion bar anchor lock system allows for simple lean adjustments, without the use of shims. One can adjust for a lean within 15 minutes per side. Anchor adjustment design is such that it allows for ride height adjustment on each side. Clearwater Fire & Rescue Velocity Pumper FY2021 19 of 118 The independent suspension was put through a durability test that simulated 140,000 miles of inner city driving. FRONT SHOCK ABSORBERS KONI heavy-duty telescoping shock absorbers will be provided on the front suspension. FRONT OIL SEALS Oil seals with viewing window will be provided on the front axle. FRONT TIRES Front tires will be Goodyear® 315/80R22.50 radials, 20 ply G289 WHA tread, rated for 20,400 lb maximum axle load and 68 mph maximum speed. The tires will be mounted on Alcoa 22.50" x 9.00" polished aluminum disc wheels with a ten (10) stud, 11.25" bolt circle. REAR AXLE The rear axle will be a Meritor™, Model RS-24-160, with a capacity of 24,000 lb. TOP SPEED OF VEHICLE A rear axle ratio will be furnished to allow the vehicle to reach a top speed of 68 mph. REAR SUSPENSION The rear suspension will be Standens, semi-elliptical, 3.00" wide x 53.00" long, 12-leaf pack with a ground rating of 24,000 lb. The spring hangers will be castings. The two (2) top leaves will wrap the forward spring hanger pin, and the rear of the spring will be a slipper style end that will ride in a rear slipper hanger. To reduce bending stress due to acceleration and braking, the front eye will be a berlin eye that will place the front spring pin in the horizontal plane within the main leaf. A steel encased rubber bushing will be used in the spring eye. The steel encased rubber bushing will be maintenance free and require no lubrication. REAR OIL SEALS Oil seals will be provided on the rear axle(s). REAR TIRES Rear tires will be four (4) Goodyear 315/80R22.50 radials, 20 ply G291, rated for 33,080 lb maximum axle load and 68 mph maximum speed. The outside tires will be mounted on Alcoa© 22.50" x 9.00" polished aluminum disc wheels with a ten (10) stud, 11.25" bolt circle. The inside tires will be mounted on Accuride® 22.50" x 9.00" steel disc wheels with a ten (10) stud, 11.25" bolt circle. Clearwater Fire & Rescue Velocity Pumper FY2021 20 of 118 TIRE BALANCE All tires will be balanced with Counteract balancing beads. The beads will be inserted into the tire and eliminate the need for wheel weights. TIRE PRESSURE MANAGEMENT There will be a RealWheels LED AirSecure™ tire alert pressure management system provided, that will monitor each tire's pressure. A sensor will be provided on the valve stem of each tire for a total of six (6) tires. The sensor will calibrate to the tire pressure when installed on the valve stem for pressures between 10 and 200 psi. The sensor will activate an integral battery operated LED when the pressure of that tire drops 5 to 8 psi. Removing the cap from the sensor will indicate the functionality of the sensor and battery. If the sensor and battery are in working condition, the LED will immediately start to flash. MUD FLAPS Mud flaps with a Pierce logo will be installed behind the front and rear wheels. WHEEL CHOCKS There will be one (1) pair of folding Ziamatic, Model SAC-44-E, aluminum alloy, Quick-Choc wheel blocks, with easy-grip handle provided. Wheel Chock Brackets There will be one (1) pair of Zico, Model SQCH-44-H, horizontal mounting wheel chock brackets provided for the Ziamatic, Model SAC-44-E, folding wheel chocks. The brackets will be made of aluminum and consist of a quick release spring loaded rod to hold the wheel chocks in place. The brackets will be mounted one (1) forward and one (1) rearward of the left side rear tire. ANTI-LOCK BRAKE SYSTEM The vehicle will be equipped with a Meritor WABCO 4S4M, anti-lock braking system. The ABS will provide a 4-channel anti-lock braking control on both the front and rear wheels. A digitally controlled system that utilizes microprocessor technology will control the anti-lock braking system. Each wheel will be monitored by the system. When any particular wheel begins to lockup, a signal will be sent to the control unit. This control unit then will reduce the braking of that wheel for a fraction of a second and then reapply the brake. This anti-lock brake system will eliminate the lockup of any wheel thus helping to prevent the apparatus from skidding out of control. BRAKES The service brake system will be full air type. The front brakes will be Knorr/Bendix disc type with a 17.00" ventilated rotor for improved stopping distance. The brake system will be certified, third party inspected, for improved stopping distance. The rear brakes will be Meritor™ 16.50" x 7.00" cam operated with automatic slack adjusters. Dust shields will be provided. Clearwater Fire & Rescue Velocity Pumper FY2021 21 of 118 BRAKE SYSTEM AIR COMPRESSOR The air compressor will be a Cummins/WABCO with 18.7 cubic feet per minute output. BRAKE SYSTEM The brake system will include: • Bendix® dual brake treadle valve • Heated automatic moisture ejector on air dryer • Total air system capacity of 4,362 cubic inches • Two (2) air pressure gauges with a red warning light and an audible alarm, that activates when air pressure falls below 60 psi • Spring set parking brake system • Parking brake operated by a push-pull style control valve • A parking "brake on" indicator light on instrument panel • Park brake relay/inversion and anti-compounding valve, in conjunction with a double check valve system, with an automatic spring brake application at 40 psi • A pressure protection valve to prevent all air operated accessories from drawing air from the air system when the system pressure drops below 80 psi (550 kPa) • 1/4 turn drain valve on each air tank The air tank will be primed and painted to meet a minimum 750 hour salt spray test. To reduce the effects of corrosion, the air tank will be mounted with stainless steel brackets. BRAKE SYSTEM AIR DRYER The air dryer will be WABCO System Saver 1200 with spin-on coalescing filter cartridge and 100 watt heater. BRAKE LINES Color-coded nylon brake lines will be provided. The lines will be wrapped in a heat protective loom in the chassis areas that are subject to excessive heat. AIR INLET/OUTLET One (1) air inlet/outlet will be installed with the female coupling located in the driver side lower step well of cab. This system will tie into the "wet" tank of the brake system and include a check valve in the inlet line and an 85 psi pressure protection valve in the outlet line. The air outlet will be controlled by a needle valve. A mating male fitting will be provided with the loose equipment. The air inlet will allow a shoreline air hose to be connected to the vehicle. This will allow station air to be supplied to the brake system of the vehicle to insure constant air pressure. COMPRESSION FITTINGS ONLY Any nylon tube on the brake system that is pneumatic will be plumbed with compression type fittings where applicable. Push lock fittings will not be acceptable for any pneumatic nylon tube plumbing. Clearwater Fire & Rescue Velocity Pumper FY2021 22 of 118 ENGINE The chassis will be powered by an electronically controlled engine as described below: Make: Cummins Model: L9 Power: 450 hp at 2100 rpm Torque: 1250 lb-ft at 1400 rpm Governed Speed: 2200 rpm Emissions Level: EPA 2017 Fuel: Diesel Cylinders: Six (6) Displacement: 543 cubic inches (8.9L) Starter: Delco 39MT™ Fuel Filters: Spin-on style primary filter with water separator and water-in-fuel sensor. Secondary spin-on style filter. The engine will include On-board diagnostics (OBD), which provides self diagnostic and reporting. The system will give the owner or repair technician access to state of health information for various vehicle sub systems. The system will monitor vehicle systems, engine and after treatment. The system will illuminate a malfunction indicator light on the dash console if a problem is detected. HIGH IDLE A high idle switch will be provided, inside the cab, on the instrument panel, that will automatically maintain a preset engine rpm. A switch will be installed, at the cab instrument panel, for activation/deactivation. The high idle will be operational only when the parking brake is on and the truck transmission is in neutral. A green indicator light will be provided, adjacent to the switch. The light will illuminate when the above conditions are met. The light will be labeled "OK to Engage High Idle." ENGINE BRAKE A Jacobs® engine brake is to be installed with the controls located on the instrument panel within easy reach of the driver. The driver will be able to turn the engine brake system on/off and have a high, medium and low setting. The engine brake will activate when the system is on and the throttle is released. The high setting of the brake application will activate and work simultaneously with the variable geometry turbo (VGT) provided on the engine. The engine brake will be installed in such a manner that when the engine brake is slowing the vehicle the brake lights are activated. Clearwater Fire & Rescue Velocity Pumper FY2021 23 of 118 The ABS system will automatically disengage the auxiliary braking device, when required. CLUTCH FAN A Horton® fan clutch will be provided. The fan clutch will be automatic when the pump transmission is in "Road" position, and fully engaged in "Pump" position. ENGINE AIR INTAKE An air intake with an ember separator (to prevent road dirt, burning embers, and recirculating hot air from entering the engine) will be mounted at the front of the apparatus, on the passenger side of the engine. The ember separator will be mounted in the air intake with flame retardant, roto-molded polyethylene housing. It will be easily accessible by the hinged access panel at the front of the vehicle. EXHAUST SYSTEM The exhaust system will be stainless steel from the turbo to the engine's aftertreatment device, and will be 4.00" in diameter. The exhaust system will include a single module aftertreatment device to meet current EPA standards. An insulation wrap will be provided on all exhaust pipes between the turbo and aftertreatment device to minimize the heat loss to the aftertreatment device . The exhaust will terminate horizontally ahead of the right side rear wheels. A tailpipe diffuser will be provided to reduce the temperature of the exhaust as it exits. Heat deflector shields will be provided to isolate chassis and body components from the heat of the tailpipe diffuser. EXHAUST MODIFICATION The exhaust pipe will be brought out from under the body at a 20 degree angle to the rear. The diffuser will not be cut straight to the body, and the outer edge shall be flush with the body rubrail. There will be a minimum of 2.50" from the exhaust pipe to the under side of the body heat shield. The last 7.00" of the exhaust will be free of hangers and/or clamps. EXHAUST DIFFUSER The exhaust shall terminate with a curved diffuser tip. The diffuser shall be chrome finish. RADIATOR The radiator and the complete cooling system will meet or exceed NFPA and engine manufacturer cooling system standards. For maximum corrosion resistance and cooling performance, the entire radiator core will be constructed using long life aluminum alloy. The core will be made of aluminum fins, having a serpentine design, brazed to aluminum tubes. The tubes will be brazed to aluminum headers. The radiator core will have a minimum frontal area of 1434 square inches. Supply tank made of glass-reinforced nylon and a return tank of cast aluminum alloy will be crimped on to the core assembly using header tabs and a compression gasket to complete the radiator core assembly. The radiator will be compatible with commercial antifreeze solutions. There will be a full steel frame around the entire radiator core assembly. The radiator core assembly will be isolated within the steel frame by rubber inserts to enhance cooling system durability and reliability. The radiator will be mounted in such a manner as to prevent the development of leaks Clearwater Fire & Rescue Velocity Pumper FY2021 24 of 118 caused by twisting or straining when the apparatus operates over uneven ground. The radiator assembly will be isolated from the chassis frame rails with rubber isolators. The radiator assembly will include an integral deaeration tank permanently mounted to the top of the radiator framework, with a readily accessible remote-mounted overflow tank. For visual coolant level inspection, the radiator will have a built-in sight glass. The radiator will be equipped with a 15 psi pressure relief cap. A drain port will be located at the lowest point of the cooling system and/or the bottom of the radiator to permit complete flushing of the coolant from the system. A heavy-duty fan will draw in fresh, cool air through the radiator. Shields or baffles will be provided to prevent recirculation of hot air to the inlet side of the radiator. COOLANT LINES Gates, or Goodyear, rubber hose will be used for all engine coolant lines installed by the chassis manufacturer. Hose clamps will be stainless steel "constant torque type" to prevent coolant leakage. They will react to temperature changes in the cooling system and expand or contract accordingly while maintaining a constant clamping pressure on the hose. RADIATOR COOLANT The radiator will be cooled with PEAK Final Charge® Global extended life coolant with organic acid technology (OAT). The color of the coolant will be red. FUEL TANK A 75 gallon fuel tank will be provided and mounted at the rear of the chassis. The tank will be constructed of 12-gauge, hot rolled steel. It will be equipped with swash partitions and a vent. To eliminate the effects of corrosion, the fuel tank will be mounted with stainless steel straps. A .75" drain plug will be located in a low point of the tank for drainage. A fill inlet will be located on the left hand side of the body and is covered with a hinged, spring loaded, stainless steel door that is marked "Ultra Low Sulfur - Diesel Fuel Only." It will be painted job color A .50" diameter vent will be installed from tank top to just below fuel fill inlet. The fuel tank will meet all FHWA 393.67 requirements including a fill capacity of 95 percent of tank volume. All fuel lines will be provided as recommended by the engine manufacturer. Clearwater Fire & Rescue Velocity Pumper FY2021 25 of 118 DIESEL EXHAUST FLUID TANK A 4.5 gallon diesel exhaust fluid (DEF) tank will be provided and mounted in the driver's side body rearward of the rear axle. A 0.50" drain plug will be provided in a low point of the tank for drainage. A fill inlet will be provided and marked "Diesel Exhaust Fluid Only". The fill inlet will be located adjacent to the engine fuel inlet behind a common hinged, spring loaded, polished stainless steel door on the driver side of the vehicle. The tank will meet the engine manufacturers requirement for 10 percent expansion space in the event of tank freezing. The tank will include an integrated heater unit that utilizes engine coolant to thaw the DEF in the event of freezing. The stainless steel flip door for selecting between DEF fill and the diesel fill will be spring loaded to default to covering the DEF fill. FUEL SHUTOFF A fuel line shutoff valve will be installed on both the inlet and outlet of the primary fuel filter. The fuel filler cap will have a retaining chain and holder provided on the fuel fill door. TRANSMISSION An Allison 5th generation, Model EVS 3000P, electronic torque converting automatic transmission will be provided. The transmission will be equipped with prognostics to monitor oil life, filter life, and transmission health. A wrench icon on the shift selector's digital display will indicate when service is due. Two (2) PTO openings will be located on both sides of converter housing (positions 4 o'clock and 8 o'clock) as viewed from the rear. A transmission temperature gauge with red light and audible alarm will be installed on the cab dash. TRANSMISSION SHIFTER A five (5)-speed push button shift module will be mounted to right of driver on console. Shift position indicator will be indirectly lit for after dark operation. The transmission ratio will be: 1st 3.49 to 1.00 2nd 1.86 to 1.00 3rd 1.41 to 1.00 4th 1.00 to 1.00 5th 0.75 to 1.00 R 5.03 to 1.00 Clearwater Fire & Rescue Velocity Pumper FY2021 26 of 118 TRANSMISSION COOLER A Modine plate and fin transmission oil cooler will be provided using engine coolant to control the transmission oil temperature. DOWNSHIFT MODE (W/ENGINE BRAKE) The transmission will be provided with an aggressive downshift mode. This will provide earlier transmission downshifts to 3rd gear, resulting in improved engine braking performance. TRANSMISSION FLUID The transmission will be provided with TES - 295 TranSynd heavy duty synthetic transmission fluid. DRIVELINE Drivelines will be a heavy-duty metal tube and be equipped with Spicer® 1710 universal joints. The shafts will be dynamically balanced before installation. A splined slip joint will be provided in each driveshaft where the driveline design requires it. The slip joint will be coated with Glidecoat® or equivalent. STEERING Dual Sheppard, Model M110, steering gears, with integral heavy-duty power steering, will be provided. For reduced system temperatures, the power steering will incorporate an air to oil cooler and an Eaton, Model VN20, hydraulic pump with integral pressure and flow control. All power steering lines will have wire braded lines with crimped fittings. A tilt and telescopic steering column will be provided to improve fit for a broader range of driver configurations. STEERING WHEEL The steering wheel will be 18.00" in diameter, have tilting and telescoping capabilities, and a 4-spoke design. LOGO AND CUSTOMER DESIGNATION ON DASH The dash panel will have an emblem containing the Pierce logo and customer name. The emblem will have three (3) rows of text for the customer's department name. There will be a maximum of eight (8) characters in the first row, 11 characters in the second row and 11 characters in the third row. The first row of text will be: Clearwater The second row of text will be: Fire The third row of text will be: Rescue BUMPER A one (1) piece bumper manufactured from 0.25" formed steel with a 0.38" bend radius will be provided. The bumper will be a minimum of 10.00" high with a 1.50" top and bottom flange, and will Clearwater Fire & Rescue Velocity Pumper FY2021 27 of 118 extend 22.00" from the face of the cab. The bumper will be 102.00" wide with 45 degree corners and side plates. The bumper will be metal finished and painted job color. To provide adequate support strength, the bumper will be mounted directly to the front of the C channel frame. The frame will be a bolted modular extension frame constructed of 50,000 psi tensile steel. Gravel Pan A gravel pan, constructed of bright aluminum treadplate, will be furnished between the bumper and the cab face. The pan will be properly supported from the underside to prevent flexing and vibration. CENTER HOSE TRAY A hose tray, constructed of aluminum, will be placed in the center of the bumper extension. The tray will have a capacity of 125' of 1.75" double jacket cotton-polyester hose. Black rubber grating will be provided at the bottom of the tray. Drain holes are also provided. Center Hose Tray Restraint A heavy black nylon webbing made of 1.00" nylon strap with a 2.00" box pattern netting will be provided over the center mounted tray. The webbing will be used to secure the hose in the tray. The web netting will be fastened permanently on one side with stainless steel footman loops and secured on the opposite side with 1.00" side release. LEFT SIDE HOSE TRAY A hose tray will be placed in the left side of the extended bumper. The hose tray will be approximately 15.5" deep, 13.5" Wide, and 17.5" front to back. The top edge of the tray will be finished with an 0.50" diameter aluminum rod to provide a smooth edge and to prevent hose from chaffing. The tray will have a capacity of 75' of 1.50" double jacket cotton-polyester hose. Black rubber grating will be provided at the bottom of the tray. Drain holes will be provided. LEFT HOSE TRAY RESTRAINT A heavy black nylon webbing made of 1.00" nylon strap with a 2.00" box pattern netting will be provided over the left side mounted tray. The webbing will be used to secure the hose in the tray. The web netting will be fastened permanently on one side with stainless steel footman loops and secured on the opposite side with 2.00" side release. LIFT AND TOW MOUNTS Mounted to the frame extension will be lift and tow mounts. The lift and tow mounts will be designed and positioned to adapt to certain tow truck lift systems. The lift and tow mounts with eyes will be painted the same color as the frame. Clearwater Fire & Rescue Velocity Pumper FY2021 28 of 118 TOW HOOKS No tow hooks are to be provided. This truck will be equipped with a lift and tow package with integral tow eyes. LINE-X® COATING - FRONT BUMPER Protective Line-X coating will be provided on the outside exterior of the top front bumper flange. It will not be sprayed on the underside of the flange. The protective coating will be red in color. The lining will be properly installed by an authorized Line-X dealer. CAB The Velocity cab will be designed specifically for the fire service and will be manufactured by Pierce Manufacturing. To provide quality at the source and single source customer support, the cab will be built by the apparatus manufacturer in a facility located on the manufacturer's premises. For reasons of structural integrity and enhanced occupant protection, the cab will be of heavy duty design, constructed to the following minimal standards. The cab will have 12 main vertical structural members located in the A-pillar (front cab corner posts), B- pillar (side center posts), C-pillar (rear corner posts) and rear wall areas. The A-pillar will be constructed of 0.25" heavy wall extrusions joined by a solid A356-T6 aluminum joint casting. The B- pillar and C-pillar will also be constructed from 0.25" heavy wall extrusions. The rear wall will be constructed of two (2) 4.00" x 2.00" outer aluminum extrusions and two (2) 3.00" x 2.00" inner aluminum extrusions. All main vertical structural members will run from the floor to 7.50" x 3.50" x 0.125" thick roof extrusions to provide a cage-like structure with the A-pillar and roof extrusions being welded into a 0.75" thick corner casting at each of the front corners of the roof assembly. The front of the cab will be constructed of a 0.25" thick firewall, covered with a 0.125" front skin (for a total thickness of 0.38"), and reinforced with 24.50" wide x 10.00" deep x 0.50" thick supports on each side of the engine tunnel. The cross-cab support will be welded to the A-pillar, 0.25" firewall, and engine tunnel, on the left and right sides. The cab floors will be constructed of 0.1875" thick aluminum plate and reinforced at the firewall with an additional 0.25" thick cross-floor support providing a total thickness of 0.44" of structural material at the front floor area. The front floor area will also be supported with three (3) 0.50" plates bolted together that also provides the mounting point for the cab lift. This tubing will run from the front of the cab to the 0.1875" thick engine tunnel, creating the structure to support the forces created when lifting the cab. The cab will be a full-tilt style. A 3-point cab mount system with rubber isolators will improve ride quality by isolating chassis vibrations from the cab. The crew cab will be a totally enclosed design with the interior area completely open to improve visibility and verbal communication between the occupants. The forward cab section will have an overall height (from the cab roof to the ground) of approximately 102.00". The crew cab section will have a 10.00" raised roof, with an overall cab height of Clearwater Fire & Rescue Velocity Pumper FY2021 29 of 118 approximately 112.00". The raised portion will start at the most forward point of the B-pillar and continue rearward to the back of the cab. The overall height listed will be calculated based on a truck configuration with the lowest suspension weight ratings, the smallest diameter tires for the suspension, no water weight, no loose equipment weight, and no personnel weight. Larger tires, wheels, and suspension will increase the overall height listed. The cab will have an interior width of not less than 93.50". The driver and passenger seating positions will have a minimum 24.00" clear width at knee level. To reduce injuries to occupants in the seated positions, proper head clearance will be provided. The floor-to-ceiling height inside the forward cab will be no less than 60.25". The floor-to-ceiling height inside the crew cab will be no less than 62.95" in the center position and 68.75" in the outboard positions. The crew cab will measure a minimum of 57.50" from the rear wall to the backside of the engine tunnel (knee level) for optimal occupant legroom. INTERIOR CAB INSULATION The cab walls, ceiling and engine tunnel will be insulated in all strategic locations to maximize acoustic absorption and thermal insulation. The cab will be insulated with 2.00" insulation in the rear wall, 3.00" insulation in the side walls, and 1.50" insulation in the ceiling. FENDER LINERS Full-circular, aluminum, inner fender liners in the wheel wells will be provided. PANORAMIC WINDSHIELD A one (1)-piece, safety glass windshield with more than 2,802 square inches of clear viewing area will be provided. The windshield will be full width and will provide the occupants with a panoramic view. The windshield will consist of three (3) layers: the outer light, the middle safety laminate, and the inner light. The 0.114" thick outer light layer will provide superior chip resistance. The middle safety laminate layer will prevent the windshield glass pieces from detaching in the event of breakage. The inner light will provide yet another chip resistant layer. The cab windshield will be bonded to the aluminum windshield frame using a urethane adhesive. A custom frit pattern will be applied on the outside perimeter of the windshield for a finished automotive appearance. WINDSHIELD WIPERS Three (3) electric windshield wipers with a washer, in conformance with FMVSS and SAE requirements, will be provided. The wiper blades will be 21.65" long and together will clear a minimum of 1,783 square inches of the windshield for maximum visibility in inclement weather. The windshield washer fluid reservoir will be located at the front of the vehicle and be accessible through the access hood for simple maintenance. FAST SERVICE ACCESS FRONT TILT HOOD A full-width access hood will be provided for convenient access to engine coolant, steering fluid, wiper fluid, cab lift controls, headlight power modules, and ember separator. The hood will also provide complete access to the windshield wiper motor and components. The hood will be contoured to Clearwater Fire & Rescue Velocity Pumper FY2021 30 of 118 provide a sleek, automotive appearance. The hood will be constructed of two (2) fiberglass panels bonded together and will include reinforcing ribs for structural integrity. The hood will include air cylinders to hold the hood in open and closed positions, and a heavy duty latch system that will meet FMVSS 113 (Hood Latch System). The spring-loaded hood latch will be located at the center of the hood with a double-action release lever located behind the Pierce logo. The two (2)-step release requires the lever first be pulled to the driver side until the hood releases from the first latch (primary latch) then to the passenger side to fully release the hood (secondary latch). ENGINE TUNNEL To provide structural strength, the engine tunnel sidewalls will be constructed of 0.50" aluminum plate that is welded to both the 0.25" firewall and 0.38" heavy wall extrusion under the crew cab floor. To maximize occupant space, the top edges will be tapered. The back of the engine tunnel will be no higher than 16.25" off the crew cab floor. The engine tunnel will be insulated on both sides for thermal and acoustic absorption. The underside of the tunnel will be covered with 1.00" thick polyether foam that is reinforced with an aluminized face. Thermal rating for this insulation will be -40 degrees Fahrenheit to 300 degrees Fahrenheit. The insulation will keep noise (dBA) levels at or lower than the specifications in the current edition of the NFPA 1901 standards. CAB REAR WALL EXTERIOR COVERING The exterior surface of the rear wall of the cab will be overlaid with bright aluminum treadplate except for areas that are not typically visible when the cab is lowered. Clearwater Fire & Rescue Velocity Pumper FY2021 31 of 118 CAB LIFT A hydraulic cab lift system will be provided, consisting of an electric-powered hydraulic pump, fluid reservoir, dual lift cylinders, remote cab lift controls and all necessary hoses and valves. The cab lift controls will be located at the driver side front of the cab, easily accessible under the full width front access hood. The controls will include a permanently mounted raise/lower switch. For enhanced visibility during cab tilt operations, a remote control tether with on/off switch will be supplied on a coiled cord that will extend from 2.00' (coiled) to 6.00' (extended). The cab will be capable of tilting 42 degrees and 80 degrees with crane assist to accommodate engine maintenance and removal. The cab pivots will be located 46.00" apart to provide stability while tilting the cab. The rear of the cab will be locked down by a two (2)-point, automatic, hydraulic, double hook mechanism that fully engages after the cab has been lowered (self-locking). The dual 2.25" diameter hydraulic cylinders will be equipped with a velocity fuse that protects the cab from accidentally descending when the cab is in the tilt position. For increased safety, a redundant mechanical stay arm will be provided that must be manually put in place on the driver side between the chassis and cab frame when cab is in the raised position. This device will be manually stowed to its original position before the cab can be lowered. Cab Lift Interlock The cab lift safety system will be interlocked to the parking brake. The cab tilt mechanism will be active only when the parking brake is set and the ignition switch is in the on position. If the parking brake is released, the cab tilt mechanism will be disabled. GRILLE A bright finished aluminum mesh grille screen, inserted behind a formed bright finished grille surround, will be provided on the front center of the cab, and will serve as an air intake to the radiator. DOOR FRAME SCUFFPLATE There will be two (2)polished stainless steel scuffplate(s) provided for the latch side of the door frame located DS and PS EMS compartment exterior access doors. Each scuffplate will be stainless steel with a .38" lip down. SCUFFPLATES (REAR CORNERS OF CREW CAB) A polished stainless steel scuffplate on rear wall of crew cab, will wrap around the corners of crew cab and extend 2.00" forward on each side sheet of crew cab. DOOR JAMB SCUFFPLATES All cab door jambs will be furnished with a polished stainless steel scuffplate, mounted on the striker side of the jamb. Clearwater Fire & Rescue Velocity Pumper FY2021 32 of 118 FRONT CAB TRIM A band of 22 gauge polished stainless steel trim will be installed across the front of the cab, from door hinge to door hinge. The trim band will be centered on the head lights and applied with two (2)-sided tape. A 0.625" self adhesive trim strip will be applied around the perimeter of the trim band. There will be no covers provided over the painted cab corner where the cab turn signals are located. MIRRORS For enhanced visibility, safety and overall aesthetics, a forward positioned One-Eleven custom mirror will be mounted on each side of the front cab roof corner. Both front cab roof corners will be reinforced with an aluminum casting at the mounting location, providing maximum stability for the mirror arm and head assembly. The mirror arm substructure will extend forward and outward of the cab, and be constructed out of 4.00" diameter 0.25" wall aluminum tubing. For reduced service costs, the mirror will include a dual breakaway design, controlled by a rotational detent mechanism. In the event of an impact, the mirror arm will breakaway to either the inboard or the outboard position. The One-Eleven mirror head, and injection molded arm cover, will offer a sleek aerodynamic styling with overall width of 115.80" (reduces vehicle width by 7.00" when compared to door mount bus style mirrors). The arm cover finish will be chrome. The mirror head finish will be chrome. The mirror head and arm will provide a seamless appearance, and include a black painted metal cover plate on the underside of the arm to reduce glare. For maximum visibility and safety, a flat mirror section will be provided that measures 83 square inches in reflective area. There will also be an integral convex mirror section that will measure 27 square inches in reflective area. The flat glass and convex section in each mirror will be adjustable with remote controls that are located within easy reach of the driver. A turn signal indicator will be provided in each One-Eleven mirror. The turn signal indicators will consist of five (5) LED lights in the shape of an arrow. The LED lights will be mounted with the lights directed to the side of the vehicle, to direct light intensity at traffic behind, and alongside the vehicle.The light will be activated with the directional or the hazard lights. CAB DOORS The forward cab and crew cab doors will be the half-height style door. To enhance entry and egress to the cab, the forward cab doors will be a minimum of 43.59" wide x 64.71" high. The crew cab doors will measure a minimum of 37.87" wide x 73.75" high. The forward cab and crew cab doors will be constructed of extruded aluminum with a nominal material thickness of 0.125". The exterior door skins will be constructed from 0.090" aluminum. The forward cab door windows will include a 7.50" high x 10.00" wide drop area at the front to enhance visibility. A customized, vertical, pull-down type door handle will be provided on the exterior of each cab door. The exterior handle will be designed specifically for the fire service to prevent accidental activation, and will provide 4.00" wide x 2.00" deep hand clearance for ease of use with heavy gloved hands. Each door will also be provided with an interior flush, open style paddle handle that will be readily operable from fore and aft positions, and be designed to prevent accidental activation. The interior handles will provide 4.00" wide x 1.25" deep hand clearance for ease of use with heavy gloved hands. Clearwater Fire & Rescue Velocity Pumper FY2021 33 of 118 The cab doors will be provided with both interior (rotary knob) and exterior (keyed) locks exceeding FMVSS standards. The keys will be Model 751. The locks will be capable of activating when the doors are open or closed. The doors will remain locked if locks are activated when the doors are opened, then closed. A full length, heavy duty, stainless steel, piano-type hinge with a 0.38" pin and 11 gauge leaf will be provided on all cab doors. There will be double automotive-type rubber seals around the perimeter of the door framing and door edges to ensure a weather-tight fit. A chrome grab handle will be provided on the inside of each cab and crew cab door. A red webbed grab handle will be installed on the crew cab door stop strap. The grab handles will be securely mounted. The cab steps at each cab door location will be located below the cab doors and will be exposed to the exterior of the cab. Door Panels The inner cab door panels will be constructed out of brushed stainless steel. The cab door panels will be removable. RECESSED POCKET WITH ELASTIC COVER To provide organized storage (clutter control) in the cab for miscellaneous equipment, the cab interior will be provided with recessed storage pockets. The pockets will be 5.63" wide x 2.00" high x 4.00" deep. The pockets will be provided with a perforated elastic material cover to secure the equipment in the pocket. The pockets will be installed in all available mounting locations of the overhead console. ELECTRIC WINDOW CONTROLS Each cab entry door will be equipped with an electrically operated tempered glass window. A window control panel will be located on the door panel within easy reach of the respective occupant. Each switch will allow intermittent or auto down operation for ease of use. Auto down operation will be actuated by holding the window down switch for approximately 1 second. The driver control panel will contain a control switch for each cab door's window. All other door control panels will contain a single switch to operate the window within that door. The window switches will be connected directly to the battery power. This allows the windows to be raised and lowered when the battery switch is in the off position. DUAL STEPS A dual step will be provided below each cab and crew cab door. The steps will be designed with a grip pattern punched into bright aluminum treadplate material providing support, slip resistance, and drainage. The steps will be a bolt-on design and provide a 24.00" wide x 9.00" deep stepping surface. The step design raises the middle step higher and closer to the cab floor, resulting in a 12.00" distance from the step to cab floor in the cab and a 13.50" distance from the step to cab floor in the crew cab. Stepping distances from the ground to first step will be 16.50" and from first step to middle step will be 12.00". Clearwater Fire & Rescue Velocity Pumper FY2021 34 of 118 The first step will be lit by a white 12 volt DC LED light provided on the step. CAB EXTERIOR HANDRAILS A Hansen knurled aluminum handrail will be provided adjacent to each cab and crew cab door opening to assist during cab ingress and egress. Each handrail will be provided with red LED lights. The lights will be activated with a separate switch in the cab and when the parking brake is applied. The LED lights may be load managed. STEP LIGHTS For reduced overall maintenance costs compared to incandescent lighting, there will be four (4) white LED step lights provided. The lights will be installed at each cab and crew cab door, one (1) per step. The lights will be located in the driver side front doorstep, driver side crew cab doorstep, passenger side front doorstep and passenger side crew cab doorstep. In order to ensure exceptional illumination, each light will provide a minimum of 25 foot-candles (fc) covering an entire 15.00" x 15.00" square placed 10.00" below the light and a minimum of 1.5 fc covering an entire 30.00" x 30.00" square at the same 10.00" distance below the light. The lights will be activated when the adjacent door is opened. FENDER CROWNS Stainless steel fender crowns will be installed at the cab wheel openings. FASTENERS 10/24" stainless steel fasteners will be provided, in addition to the tape adhesive, to secure the rain drip rail to the sides of the cab. ENGINE TUNNEL INSULATION FASTENERS The insulation in the cab engine tunnel will be held in place by mechanical fasteners and large washers. CAB ROOF DRIP RAIL For enhanced protection from inclement weather, a drip rail will be furnished on the sides of the cab. The drip rail will be constructed of bright polished extruded aluminum, and be bonded to the sides of the cab. The drip rail will extend the full length of the cab roof. WORK SURFACE There will be a work surface provided on the engine tunnel. The work surface will be cover the entire engine tunnel and will be constructed of .19" aluminum to allow the mounting of equipment. The work surface will be 35.50" wide x 54.75" long, with a cutout for the driver side instrument panel. The work surface will start to the rear of the defroster inlet and continue horizontally to the flat portion at the rear of the engine tunnel. The work surface will drop to the lower flat portion of the engine tunnel and finish at the end of the engine tunnel. The upper portion will be 36.50" long and extend over the drop to the lower portion. The lower portion of the work surface will be provided with a 2.00" lip on three (3) sides. The work surface will be painted to match the cab interior. Clearwater Fire & Rescue Velocity Pumper FY2021 35 of 118 CAB INTERIOR With safety as the primary objective, the wrap-around style cab instrument panel will be designed with unobstructed visibility to instrumentation. The dash layout will provide the driver with a quick reference to gauges that allows more time to focus on the road. The center console will be a high impact ABS polymer and will be easily removable for access to the defroster. The center console will include louvers strategically located for optimal air flow and defrost capability to the windshield. The passenger side dashboard will be constructed of painted aluminum for durability and low maintenance. For enhanced versatility, the passenger side dash will include a flat working surface. To provide optional (service friendly) control panels, switches and storage modules, a painted aluminum overhead console will also be provided. To complete the cab front interior design, painted aluminum modesty panels will be provided under the dash on both sides of the cab. The driver side modesty panel will provide mounting for the battery switch and diagnostic connectors, while the passenger side modesty panel provides a glove box, and ground access to the main electrical distribution panel via quick quarter turn fasteners. To provide a deluxe automotive interior, the engine tunnel, side walls and rear wall will be covered by a leather grain vinyl that is resistant to oil, grease, and mildew. The headliner will be installed in both forward and rear cab sections. The headliner panel will be a composition of an aluminum panel covered with a sound barrier and upholstery. The cab structure will include designated raceways for electrical harness routing from the front of the cab to the rear upper portion of the cab. Raceways will be extruded in the forward door frame, floor, walls and overhead in the area where the walls meet the ceiling. The raceways located in the floor will be covered by aluminum extrusion, while the vertical and overhead raceways will be covered by painted aluminum covers. The raceways will improve harness integrity by providing a continuous harness path that eliminates wire chafing and abrasion associated with exposed wiring or routing through drilled metal holes. Harnesses will be laid in place. CAB INTERIOR UPHOLSTERY The cab interior upholstery will be 36 oz dark silver gray vinyl. All cab interior materials will meet FMVSS 302 (flammability of interior materials). CAB INTERIOR PAINT The following metal surfaces will be painted black, vinyl textured paint: • Modesty panel in front of driver • Vertical surface of dash in front of the officer (not applicable for recessed dash) • Glove box in front of the officer (if applicable) • Power distribution in front of the officer • Rear heater vent panels Clearwater Fire & Rescue Velocity Pumper FY2021 36 of 118 The remaining cab interior metal surfaces will be painted black, vinyl texture paint. CAB FLOOR The cab and crew cab floor areas will be covered with Polydamp™ acoustical floor mat consisting of a black pyramid rubber facing and closed cell foam decoupler. The top surface of the material has a series of raised pyramid shapes evenly spaced, which offer a superior grip surface. Additionally, the material has a 0.25" thick closed cell foam (no water absorption) which offers a sound dampening material for reducing sound levels. DEFROST/AIR CONDITIONING SYSTEM A ceiling mounted combination heater, defroster and air conditioning system will be installed in the cab above the engine tunnel area. Cab Defroster A 54,000 BTU heater-defroster unit with 690 SCFM of air flow will be provided inside the cab. The heater-defrost will be installed in the forward portion of the cab ceiling. Air outlets will be strategically located in the cab header extrusion per the following: • One (1) adjustable will be directed towards the left side cab window • One (1) adjustable will be directed towards the right side cab window • Six (6) fixed outlets will be directed at the windshield The defroster will be capable of clearing 98 percent of the windshield and side glass when tested under conditions where the cab has been cold soaked at 0 degrees Fahrenheit for 10 hours, and a 2 ounce per square inch layer of frost/ice has been able to build up on the exterior windshield. The defroster system will meet or exceed SAE J382 requirements. Cab/Crew Auxiliary Heater There will be one (1) 31,000 BTU auxiliary heater with 560 SCFM of air flow provided in each outboard rear facing seat risers with a dual scroll blower. An aluminum plenum incorporated into the cab structure used to transfer heat to the forward positions. Air Conditioning A 19.10 cubic inch compressor will be installed on the engine. A roof-mounted condenser with a 78,000 BTU output at 2,400 SCFM that meets and exceeds the performance specification will be installed on the cab roof. The condenser cover and mounting legs to be painted white as provided by the A/C manufacturer. The air conditioning system will be capable of cooling the average cab temperature from 100 degrees Fahrenheit to 75 degrees Fahrenheit at 50 percent relative humidity within 30 minutes. The cooling performance test will be run only after the cab has been heat soaked at 100 degrees Fahrenheit for a minimum of 4 hours. Clearwater Fire & Rescue Velocity Pumper FY2021 37 of 118 The evaporator unit will be installed in the rear portion of the cab ceiling over the engine tunnel. The evaporator will include one (1) high performance heating core, one (1) high performance cooling core with (1) plenum directed to the front and one (1) plenum directed to the rear of the cab. The evaporator unit will have a 52,000 BTU at 690 SCFM rating that meets and exceeds the performance specifications. Adjustable air outlets will be strategically located on the forward plenum cover per the following: • Four (4) will be directed towards the seating position on the left side of the cab • Four (4) will be directed towards the seating position on the right side of the cab Adjustable air outlets will be strategically located on the evaporator cover per the following: • Five (5) will be directed towards crew cab area A high efficiency particulate air (HEPA) filter will be included for the system. Access to the filter cover will be secured with four (4) screws. The air conditioner refrigerant will be R-134A and will be installed by a certified technician. Climate Control An automotive style controller will be provided to control the heat and air conditioning system within the cab. The controller will have three (3) functional knobs for fan speed, temperature, and air flow distribution (front to rear) control. The system will control the temperature of the cab and crew cab automatically by pushing the center of the fan speed control knob. Rotate the center temperature control knob to set the cab and crew cab temperature. The AC system will be manually activated by pushing the center of the temperature control knob. Pushing the center of the air flow distribution knob will engage the AC for max defrost, setting the fan speeds to 100 percent and directing all air flow to the overhead forward position. Clearwater Fire & Rescue Velocity Pumper FY2021 38 of 118 Gravity Drain Tubes Two (2) condensate drain tubes will be provided for the air conditioning evaporator. The drip pan will have two (2) drain tubes plumbed separately to allow for the condensate to exit the drip pan. No pumps will be provided. CAB DEFROSTER To provide maximum defrost and heating performance, a 43,500 BTU heater-defroster unit with 350 CFM of air flow will be provided inside the cab. The defroster unit will be strategically located under the center forward portion of the vacuum formed instrument panel. For easy access, a removable vacuum formed cover will be installed over the defroster unit. The defroster will include an integral aluminum frame air filter, high performance dual scroll blowers, and ducts designed to provide maximum defrosting capabilities for the 1-piece windshield. The defroster ventilation will be built into the design of the cab dash instrument panel and will be easily removable for maintenance. The defroster will be capable of clearing 98 percent of the windshield and side glass when tested under conditions where the cab has been cold soaked at 0 degrees Fahrenheit for 10 hours, and a 2 ounce per square inch layer of frost/ice has been able to build up on the exterior windshield. The defroster system will meet or exceed SAE J382 requirements. SUN VISORS Two (2) smoked Lexan™ sun visors provided. The sun visors will be located above the windshield with one (1) mounted on each side of the cab. There will be no retention bracket provided to help secure each sun visor in the stowed position. GRAB HANDLE A black rubber covered grab handle will be mounted on the door post of the driver side cab and passenger door to assist in entering the cab. The grab handle will be securely mounted to the post area between the door and windshield. A long rubber grab handle will be mounted on the dash board in front of the officer. ENGINE COMPARTMENT LIGHT An engine compartment light will be installed under the engine hood, of which the switch is an integral part. Light will have a .125" diameter hole in its lens to prevent moisture retention. ACCESS TO ENGINE DIPSTICKS For access to the engine oil and transmission fluid dipsticks, there will be a door on the engine tunnel, inside the crew cab. The door will be on the rear wall of the engine tunnel, on the vertical surface. The door will be 20.00" wide x 8.25" high and be flush with the wall of the engine tunnel. The engine oil dipstick will allow for checking only. The transmission dipstick will allow for both checking and filling. An additional port will be provided for filling the engine oil. The door will have a rubber seal for thermal and acoustic insulation. One (1) flush latch will be provided on the access door. Clearwater Fire & Rescue Velocity Pumper FY2021 39 of 118 RECORDS TRAY Installed across from the officer's seat will be a records tray. The tray will be approximately 14.00" across x 9.00" high with a 3.00" rise and a 1.25" retainer across the bottom. The plate will be mounted to the top surface of the dash, directly in front of the officer seat. The tray and mounting plate will be constructed of .090" aluminum and will be painted to match the cab interior. FRONTAL IMPACT PROTECTION The cab will be provided with a frontal impact protection system and will include the following: • A supplemental restraint system (SRS) sensor will be installed on a structural cab member behind the instrument panel. The SRS sensor will perform real time diagnostics of all critical subsystems and will record sensory inputs immediately before and during a frontal impact event. • A fault-indicating light will be provided on the vehicle's instrument panel allowing the driver to monitor the operational status of the SRS system. • A driver side front air bag will be mounted in the steering wheel and will be designed to protect the head and upper torso of the occupant, when used in combination with the three (3)-point seat belt. • A passenger side knee bolster air bag will be mounted in the modesty panel below the dash panel and will be designed to protect the legs of the occupant, when used in combination with the three (3)-point seat belt. • Driver and front passenger suspension seats will be provided with devices to retract them to the lowest travel position during a frontal impact event. • Driver and front passenger seat belts will be provided with pre-tensioners to remove slack from the seat belt during frontal impact event. The SRS system will provide protection during a frontal or oblique impact event. The system will activate when the vehicle decelerates at a predetermined G force known to cause injury to the occupants. The cab and chassis will have been subjected, via third party test facility, to a crash impact during frontal and oblique impact testing. Testing included all major chassis and cab components such as mounting straps for fuel and air tanks, suspension mounts, front suspension components, rear suspensions components, frame rail cross members, engine and transmission and their mounts, pump house and mounts, frame extensions and body mounts. The testing provided configuration specific information used to optimize the timing for firing the safety restraint system. The sensor will activate the pyrotechnic devices when the correct crash algorithm, wave form, is detected. The SRS system will deploy the following components in the event of a frontal or oblique impact event: • Driver side front air bag. • Passenger side knee bolster air bag. • Driver and front passenger suspension seats will be retracted to the lowest travel position. • Driver and front passenger seat belts will be pre-tensioned to firmly hold the occupant in place. Clearwater Fire & Rescue Velocity Pumper FY2021 40 of 118 SEATING CAPACITY The seating capacity in the cab will be five (5). DRIVER SEAT A Pierce PS6® seat will be provided in the cab for the driver. The seat design will be a cam action type, with air suspension. For increased convenience, the seat will include electric controls to adjust the rake (15 degrees), height (1.75" travel) and horizontal (7.00" travel) position. Electric controls will be located below the forward part of the seat cushion. To provide flexibility for multiple driver configurations, the seat will have a reclining back, adjustable from 20 degrees back to 45 degrees forward. Providing for maximum comfort, the seat back will be a high back style with manual lumbar adjustment lever, for lower back support, and will include minimum 7.50" deep side bolster pads for maximum support. The lumbar adjustment lever will be easily located at the lower outboard position of the seat cushion. For optimal comfort, the seat will be provided with 17.00" deep dual density foam cushions designed with EVC (elastomeric vibration control). The seat will include the following features incorporated into the frontal impact protection system: • A suspension seat safety system will be included. When activated in the event of a frontal impact, this system will pretension the seat belt and retract the seat to its lowest travel position. The seat will be furnished with a 3-point, shoulder type seat belt. The seat belt will be furnished with dual automatic retractors that will provide ease of operation in the normal seating position. OFFICER SEAT A Pierce PS6® seat will be provided in the cab for the passenger. The seat will be a cam action type with air suspension. For increased convenience, the seat will include a manual control to adjust the horizontal position 6.00" travel. The manual horizontal control will be a towel-bar style located below the forward part of the seat cushion. For optimal comfort, the seat will be provided with 17.00" deep dual density foam cushions designed with EVC (elastomeric vibration control). To ensure safe operation, the seat will be equipped with seat belt sensors in the seat cushion and belt receptacle that will activate an alarm indicating a seat is occupied but not belted. The seat back will be an SCBA back style with 7.50 degree fixed recline angle and will include minimum 4.50" wide x 7.50" deep side bolster pads for maximum support. The SCBA cavity will be adjustable from front to rear in 1.00" increments to accommodate different sized SCBA cylinders. Moving the SCBA cavity will be accomplished by unbolting, relocating, and re-bolting it in the desired location. The seat will include the following feature incorporated into the frontal impact protection system: • A suspension seat safety system will be included. When activated, this system will pretension the seat belt and retract the seat to its lowest travel position. The seat will be furnished with a 3-point, shoulder type seat belt. The seat belt will be furnished with dual automatic retractors that will provide ease of operation in the normal seating position. Clearwater Fire & Rescue Velocity Pumper FY2021 41 of 118 REAR FACING LEFT SIDE CABINET A rear facing cabinet will be provided in the crew cab at the left side outboard position with interior and exterior access. The cabinet will be 24.00" wide x 40.50" high x 30.50" deep with one (1) Gortite rollup door with satin anodized finish, locking with #751 key. The frame to frame opening will be 19.00" wide x 35.25" high. The minimum clear door opening will be 16.25" wide x 29.37" high. The cabinet will include one (1) infinitely adjustable shelf with a 0.75" up-turned lip and two (2) infinitely adjustable shelves with a 0.75" up-turned lippainted to match the cab interior. The cabinet will include no louvers. The cabinet will also provide exterior access with one (1) double pan door painted to match the cab exterior with a locking D-ring latch with #751 key. A web strap will be provided as a door stop. The clear door opening will 19.75" wide x 38.00" high. The exterior access will be provided with a polished stainless steel scuffplate on the lower door frame. The cabinet will be constructed of smooth aluminum and painted to match the cab interior. Cabinet Light There will be one (1) white LED strip light installed on the left side of the interior cabinet door opening. The lighting will be controlled by an automatic door switch. REAR FACING RIGHT SIDE CABINET A rear facing cabinet will be provided in the crew cab at the right side outboard position. The cabinet will be 21.50" wide x 40.50" high x 26.50" deep with one (1) Gortite rollup door with satin anodized finish, locking with #751 key. The frame to frame opening will be 16.50" wide x 35.25" high. The minimum clear door opening will be 13.75" wide x 29.37" high. The cabinet will include one (1) infinitely adjustable shelf with a 0.75" up-turned lip and two (2) infinitely adjustable shelves with a 0.75" up-turned lippainted to match the cab interior. Clearwater Fire & Rescue Velocity Pumper FY2021 42 of 118 The cabinet will include no louvers. The cabinet will also provide access from outside the cab with one (1) double pan door painted to match the cab exterior with a locking D-ring latch with #751 key. A web strap will be provided as a door stop. The exterior clear door opening will be 16.00" wide x 38.00" high. The door will be located on the side of the cab over the wheelwell. The exterior access will be provided with a polished stainless steel scuffplate on the lower door frame. The cabinet will be constructed of smooth aluminum and painted to match the cab interior. Cabinet Light There will be one (1) white LED strip light installed on the right side of the interior cabinet door opening. The lights will be controlled by an automatic door switch. FORWARD FACING DRIVER SIDE OUTBOARD SEAT There will be one (1) forward facing, Pierce PS6® foldup seat provided at the driver side outboard position in the crew cab. To provide improved ride comfort, and maximize accessibility to the crew cab, the seat will be a minimum of 17.00" from the front of the cushion to the face of the seat back and the seat back will be provided with 0 degree fixed recline angle. To ensure safe operation, the seat will be equipped with seat belt sensors in the seat cushion and belt receptacle, that will activate an alarm indicating a seat is occupied but not buckled. The seat back will be an SCBA back style. The SCBA cavity will be adjustable from front to rear in 1.00" increments, to accommodate different sized SCBA cylinders. Moving the SCBA cavity will be accomplished by unbolting, relocating, and re-bolting it in the desired location. The seat will be furnished with a 3-point, shoulder type seat belt. The seat belt will be furnished with dual automatic retractors that will provide ease of operation in the normal seating position. FORWARD FACING CENTER SEAT There will be one (1) forward facing, Pierce PS6® seat provided at the center position in the crew cab. To provide improved ride comfort, and maximize accessibility to the crew cab, the seat will be provided with 17.00" deep foam cushions, and the seat back will be provided with 0 degree fixed recline angle. To ensure safe operation, the seat will be equipped with seat belt sensors in the seat cushion and belt receptacle that will activate an alarm indicating a seat is occupied but not buckled. The seat back will be an SCBA back style. The SCBA cavity will be adjustable from front to rear in 1.00" increments, to accommodate different sized SCBA cylinders. Moving the SCBA cavity will be accomplished by unbolting, relocating, and re-bolting it in the desired location. The seat will be furnished with a 3-point, shoulder type seat belt. The seat belt will be furnished with dual automatic retractors that will provide ease of operation in the normal seating position. FORWARD FACING PASSENGER SIDE OUTBOARD SEAT There will be one (1) forward facing, foldup, Pierce PS6® seat provided at the passenger side outboard position in the crew cab. To provide improved ride comfort, and maximize accessibility to the crew cab, the seat will be a minimum of 17.00" from the front of the cushion to the face of the seat back and the Clearwater Fire & Rescue Velocity Pumper FY2021 43 of 118 seat back will be provided with 0 degree fixed recline angle. To ensure safe operation, the seat will be equipped with seat belt sensors in the seat cushion and belt receptacle, that will activate an alarm indicating a seat is occupied but not buckled. The seat back will be an SCBA back style. The SCBA cavity will be adjustable from front to rear in 1.00" increments, to accommodate different sized SCBA cylinders. Moving the SCBA cavity will be accomplished by unbolting, relocating, and re-bolting it in the desired location. The seat will be furnished with a 3-point, shoulder type seat belt. The seat belt will be furnished with dual automatic retractors that will provide ease of operation in the normal seating position. DOOR PAN SCUFFPLATE There will be a brushed stainless steel scuffplate on the interior door pan of two (2) cabinet door(s) located DS and PS EMS cabinets external doors. SEAT UPHOLSTERY All seat upholstery will be black Turnout Tuff material. AIR BOTTLE HOLDERS All SCBA type seats in the cab will have a "Hands-Free" auto clamp style bracket in its backrest. For efficiency and convenience, the bracket will include an automatic spring clamp that allows the occupant to store the SCBA bottle by simply pushing it into the seat back. For protection of all occupants in the cab, in the event of an accident, the inertial components within the clamp will constrain the SCBA bottle in the seat and will exceed the NFPA standard of 9G. There will be a quantity of four (4) SCBA brackets. SEAT BELTS All seating positions in the cab, crew cab and tiller cab (if applicable) will have red seat belts. To provide quick, easy use for occupants wearing bunker gear, the female buckle and seat belt webbing length will meet or exceed the current edition of NFPA 1901 and CAN/ULC - S515 standards. The 3-point shoulder type seat belts will also include the ReadyReach D-loop assembly to the shoulder belt system. The ReadyReach feature adds an extender arm to the D-loop location placing the D-loop in a closer, easier to reach location. Any flip up seats will include a 3-point shoulder type belts only. SHOULDER HARNESS HEIGHT ADJUSTMENT All seating positions furnished with 3-point shoulder type seat belts will include a height adjustment. This adjustment will optimize the belts effectiveness and comfort for the seated firefighter. A total of five (5) seating positions will have the adjustable shoulder harness. HELMET STORAGE PROVIDED BY FIRE DEPARTMENT NFPA 1901, 2016 edition, section 14.1.7.4.1 requires a location for helmet storage be provided. Clearwater Fire & Rescue Velocity Pumper FY2021 44 of 118 There is no helmet storage on the apparatus as manufactured. The fire department will provide a location for storage of helmets. CAB DOME LIGHTS There will be four (4) dual LED dome lights with black bezels provided. Two (2) lights will be mounted above the inside shoulder of the driver and officer and two (2) lights will be installed and located, one (1) on each side of the crew cab. The color of the LED's will be red and white. The white LED's will be controlled by the door switches and the lens switch. The color LED's will be controlled by the lens switch. In order to ensure exceptional illumination, each white LED dome light will provide a minimum of 10.1 foot-candles (fc) covering an entire 20.00" x 20.00" square seating position when mounted 40.00" above the seat. OVERHEAD MAP LIGHTS There will be two (2) white halogen, round adjustable map lights installed in the cab: • One (1) overhead in front of the driving position. • One (1) overhead in front of the passenger's position. Each light will include a switch on the light housing. The light switches will be connected directly to the battery switched power. MAP LIGHT There will be one (1) Sunnex®, Model LS941-00, LED map light(s) installed over Officer left shoulder. Each light will include swivel mount in a square base, an on/off switch, a knuckle pivot and 10 degree optics. The light switch(es) will be connected directly to the battery switched power. PORTABLE HAND LIGHTS, PROVIDED BY FIRE DEPARTMENT NFPA 1901, 2016 edition, section 5.9.4 requires two portable hand lights mounted in brackets fastened to the apparatus. The hand lights are not on the apparatus as manufactured. The fire department will provide and mount these hand lights. ADDITIONAL HAND HELD LIGHT There will be two (2) lights additional 12v Streamlight, Model #44451, Fire Vulcan LED light(s) will be provided and mounted to be installed at final inspection. wiring location to be at either side of the rear engine tunnel. Each light will be provided with a 12 volt direct wire vehicle mounting rack. Each light housing will be orange in color and be provided with a single C4 LED bulb and two (2) "ultra bright blue tail-light LEDs". The tail-light LEDs will have a dual mode of blinking or steady. Clearwater Fire & Rescue Velocity Pumper FY2021 45 of 118 CAB INSTRUMENTATION The cab instrument panel will consist of gauges, an LCD display, telltale indicator lights, alarms, control switches, and a diagnostic panel. The function of instrument panel controls and switches will be identified by a label adjacent to each item. Actuation of the headlight switch will illuminate the labels in low light conditions. Telltale indicator lamps will not be illuminated unless necessary. The cab instruments and controls will be conveniently located within the forward cab section directly forward of the driver. Gauge and switch panels will be designed to be removable for ease of service and low cost of ownership. Gauges The gauge panel will include the following ten (10) ivory gauges with chrome bezels to monitor vehicle performance: • Voltmeter gauge (Volts) o Low volts (11.8 VDC)  Amber indicator on gauge assembly with alarm o High volts (15 VDC)  Amber indicator on gauge assembly with alarm o Very low volts (11.3 VDC)  Amber indicator on gauge assembly with alarm o Very high volts (16 VDC)  Amber indicator on gauge assembly with alarm • Tachometer (RPM) • Speedometer (Primary (outside) MPH, Secondary (inside) Km/H) • Fuel level gauge (Empty - Full in fractions) o Low fuel (1/8 full)  Amber indicator on gauge assembly with alarm o Very low fuel (1/32) fuel  Amber indicator on gauge assembly with alarm • Engine oil pressure gauge (PSI) o Low oil pressure to activate engine warning lights and alarms  Red indicator on gauge assembly with alarm • Front air pressure gauge (PSI) o Low air pressure to activate warning lights and alarm  Red indicator on gauge assembly with alarm • Rear air pressure gauge (PSI) o Low air pressure to activate warning lights and alarm  Red indicator on gauge assembly with alarm • Transmission oil temperature gauge (Fahrenheit) o High transmission oil temperature activates warning lights and alarm  Amber indicator on gauge assembly with alarm • Engine coolant temperature gauge (Fahrenheit) o High engine temperature activates an engine warning light and alarm  Red indicator on gauge assembly with alarm Clearwater Fire & Rescue Velocity Pumper FY2021 46 of 118 • Diesel Exhaust Fluid Level Gauge (Empty - Full in fractions) o Low fluid (1/8 full)  Amber indicator on gauge assembly with alarm All gauges and gauge indicators will perform prove out at initial power-up to ensure proper performance. Indicator Lamps To promote safety, the following telltale indicator lamps will be integral to the gauge assembly and are located above and below the center gauges. The indicator lamps will be "dead-front" design that is only visible when active. The colored indicator lights will have descriptive text or symbols. The following amber telltale lamps will be present: • Low coolant • Trac cntl (traction control) (where applicable) • Check engine • Check trans (check transmission) • Aux brake overheat (Auxiliary brake overheat) • Air rest (air restriction) • Caution (triangle symbol) • Water in fuel • DPF (engine diesel particulate filter regeneration) • Trailer ABS (where applicable) • Wait to start (where applicable) • HET (engine high exhaust temperature) (where applicable) • ABS (antilock brake system) • MIL (engine emissions system malfunction indicator lamp) (where applicable) • SRS (supplemental restraint system) fault (where applicable) • DEF (low diesel exhaust fluid level) The following red telltale lamps will be present: • Warning (stop sign symbol) • Seat belt • Parking brake • Stop engine • Rack down The following green telltale lamps will be provided: • Left turn • Right turn • Battery on The following blue telltale lamp will be provided: Clearwater Fire & Rescue Velocity Pumper FY2021 47 of 118 • High beam Alarms Audible steady tone warning alarm: A steady audible tone alarm will be provided whenever a warning message is present. Audible pulsing tone caution alarm: A pulsing audible tone alarm (chime/chirp) will be provided whenever a caution message is present without a warning message being present. Alarm silence: Any active audible alarm will be able to be silenced by holding the ignition switch at the top position for 3 to 5 seconds. For improved safety, silenced audible alarms will intermittently chirp every 30 seconds until the alarm condition no longer exists. The intermittent chirp will act as a reminder to the operator that a caution or warning condition still exists. Any new warning or caution condition will enable the steady or pulsing tones respectively. Indicator Lamp and Alarm Prove-Out Telltale indicators and alarms will perform prove-out at initial power-up to ensure proper performance. Control Switches For ease of use, the following controls will be provided immediately adjacent to the cab instrument panel within easy reach of the driver. Emergency master switch: A molded plastic push button switch with integral indicator lamp will be provided. Pressing the switch will activate emergency response lights and siren control. A green lamp on the switch provides indication that the emergency master mode is active. Pressing the switch again disables the emergency master mode. Headlight / Parking light switch: A three (3)-position maintained rocker switch will be provided. The first switch position will deactivate all parking lights and the headlights. The second switch position will activate the parking lights. The third switch position will activate the headlights. Panel backlighting intensity control switch: A three (3)-position momentary rocker switch will be provided. The first switch position decreases the panel backlighting intensity to a minimum level as the switch is held. The second switch position is the default position that does not affect the backlighting intensity. The third switch position increases the panel backlighting intensity to a maximum level as the switch is held. The following standard controls will be integral to the gauge assembly and are located below the right hand gauges. All switches have backlit labels for low light applications. High idle engagement switch: A two (2)-position momentary rocker switch with integral indicator lamp will be provided. The first switch position is the default switch position. The second switch position will activate and deactivate the high idle function when pressed and released. The "Ok To Engage High Idle" indicator lamp must be active for the high idle function to engage. A green indicator lamp integral to the high idle engagement switch will indicate when the high idle function is engaged. "Ok To Engage High Idle" indicator lamp: A green indicator light will be provided next to the high idle activation switch to indicate that the interlocks have been met to allow high idle engagement. Clearwater Fire & Rescue Velocity Pumper FY2021 48 of 118 The following standard controls will be provided adjacent to the cab gauge assembly within easy reach of the driver. All switches will have backlit labels for low light applications. Ignition switch: A three (3)-position maintained/momentary rocker switch will be provided. The first switch position will deactivate vehicle ignition. The second switch position will activate vehicle ignition. The third momentary position will disable the Command Zone audible alarm if held for 3 to 5 seconds. A green indicator lamp will be activated with vehicle ignition. Engine start switch: A two (2)-position momentary rocker switch will be provided. The first switch position is the default switch position. The second switch position will activate the vehicle's engine. The switch actuator is designed to prevent accidental activation. 4-way hazard switch: A two (2)-position maintained rocker switch will be provided. The first switch position will deactivate the 4-way hazard switch function. The second switch position will activate the 4- way hazard function. The switch actuator will be red and includes the international 4-way hazard symbol. Heater, defroster, and optional air conditioning control panel: A control panel with membrane switches will be provided to control heater/defroster temperature and heater, defroster, and air conditioning fan speeds. A green LED status bar will indicate the relative temperature and fan speed settings. Turn signal arm: A self-canceling turn signal with high beam headlight and windshield wiper/washer controls will be provided. The windshield wiper control will have high, low, and intermittent modes. Parking brake control: An air actuated push/pull park brake control valve will be provided. Chassis horn control: Activation of the chassis horn control will be provided through the center of the steering wheel. Custom Switch Panels The design of cab instrumentation will allow for emergency lighting and other switches to be placed within easy reach of the operator thus improving safety. There will be positions for up to four (4) switch panels in the overhead console on the driver's side, up to four (4) switch panels in the engine tunnel console facing the driver, up to four (4) switch panels in the overhead console on the officer's side and up to two (2) switch panels in the engine tunnel console facing the officer. All switches will have backlit labels for low light applications. Diagnostic Panel A diagnostic panel will be accessible while standing on the ground and located inside the driver's side door left of the steering column. The diagnostic panel will allow diagnostic tools such as computers to connect to various vehicle systems for improved troubleshooting providing a lower cost of ownership. Diagnostic switches will allow ABS systems to provide blink codes should a problem exist. The diagnostic panel will include the following: • Engine diagnostic port • Transmission diagnostic port Clearwater Fire & Rescue Velocity Pumper FY2021 49 of 118 • ABS diagnostic port • SRS diagnostic port (where applicable) • Command Zone USB diagnostic port • ABS diagnostic switch (blink codes flashed on ABS telltale indicator) • Diesel particulate filter regeneration switch (where applicable) • Diesel particulate filter regeneration inhibit switch (where applicable) Cab LCD Display A digital four (4)-row by 20-character dot matrix display will be integral to the gauge panel. The display will be capable of showing simple graphical images as well as text. The display will be split into three (3) sections. Each section will have a dedicated function. The upper left section will display the outside ambient temperature. The upper right section will display, along with other configuration specific information: • Odometer • Trip mileage • PTO hours • Fuel consumption • Engine hours The bottom section will display INFO, CAUTION, and WARNING messages. Text messages will automatically activate to describe the cause of an audible caution or warning alarm. The LCD will be capable of displaying multiple text messages should more than one caution or warning condition exist. AIR RESTRICTION INDICATOR A high air restriction warning indicator light LCD message with amber warning indicator and audible alarm will be provided. "DO NOT MOVE APPARATUS" INDICATOR A flashing red indicator light, located in the driving compartment, will be illuminated automatically per the current NFPA requirements. The light will be labeled "Do Not Move Apparatus If Light Is On." The same circuit that activates the Do Not Move Apparatus indicator will activate a pulsing alarm when the parking brake is released. DO NOT MOVE TRUCK MESSAGES Messages will be displayed on the Command Zone™, color display located within sight of the driver whenever the Do Not Move Truck light is active. The messages will designate the item or items not in the stowed for vehicle travel position (parking brake disengaged). The following messages will be displayed (where applicable): • Do Not Move Truck • DS Cab Door Open (Driver Side Cab Door Open) • PS Cab Door Open (Passenger's Side Cab Door Open) • DS Crew Cab Door Open (Driver Side Crew Cab Door Open) Clearwater Fire & Rescue Velocity Pumper FY2021 50 of 118 • PS Crew Cab Door Open (Passenger's Side Crew Cab Door Open) • DS Body Door Open (Driver Side Body Door Open) • PS Body Door Open (Passenger's Side Body Door Open) • Rear Body Door Open • DS Ladder Rack Down (Driver Side Ladder Rack Down) • PS Ladder Rack Down (Passenger Side Ladder Rack Down) • Deck Gun Not Stowed • Lt Tower Not Stowed (Light Tower Not Stowed) • Fold Tank Not Stowed (Fold-A-Tank Not Stowed) • Aerial Not Stowed (Aerial Device Not Stowed) • Stabilizer Not Stowed • Steps Not Stowed • Handrail Not Stowed Any other device that is opened, extended, or deployed that creates a hazard or is likely to cause major damage to the apparatus if the apparatus is moved will be displayed as a caution message after the parking brake is disengaged. SWITCH PANELS The emergency light switch panel will have a master switch for ease of use plus individual switches for selective control. Each switch panel will contain eight (8) membrane-type switches each rated for one million (1,000,000) cycles. Panels containing less than eight (8) switch assignments will include non- functioning black appliqués. Documentation will be provided by the manufacturer indicating the rated cycle life of the switches. The switch panel(s) will be located in the overhead position above the windshield on the driver side overhead to allow for easy access. Additional switch panel(s) will be located in the overhead position(s) above the windshield or in designated locations on the lower instrument panel layout. The switches will be membrane-type and also act as an integral indicator light. For quick, visual indication the entire surface of the switch will be illuminated white whenever back lighting is activated and illuminated green whenever the switch is active. An active illuminated switch will flash when interlock requirements are not met or device is actively being load managed. For ease of use, a two (2)-ply, scratch resistant laser engraved Gravoply label indicating the use of each switch will be placed in the center of the switch. The label will allow light to pass through the letters for ease of use in low light conditions. WIPER CONTROL For simple operation and easy reach, the windshield wiper control will be an integral part of the directional light lever located on the steering column. The wiper control will include high and low wiper speed settings, a one (1)-speed intermittent wiper control and windshield washer switch. The control will have a "return to park" provision, which allows the wipers to return to the stored position when the wipers are not in use. Clearwater Fire & Rescue Velocity Pumper FY2021 51 of 118 SPARE CIRCUIT There will be one (1) pair of wires, including a positive and a negative, installed on the apparatus. The above wires will have the following features: • The positive wire will be connected directly to the battery power • The negative wire will be connected to ground • Wires will be protected to 15 amps at 12 volts DC • Power and ground will terminate in the center console • Termination will be with heat shrinkable butt splicing • Wires will be sized to 125 percent of the protection The circuit(s) may be load managed when the parking brake is set. SPARE CIRCUIT There will be one (1) pair of wires, including a positive and a negative, installed on the apparatus. The above wires will have the following features: • The positive wire will be connected directly to the battery switched power. • The negative wire will be connected to ground. • Wires will be protected to 10 amps at 12 volts DC. • Power and ground will terminate behind driver's seat. • Termination will be with heat shrinkable butt splicing. Wires will be sized to 125 percent of the protection. This circuit(s) may be load managed when the parking brake is applied. CAT 6 SPARE WIRE There will be one (1) CAT 6 network cable(s) installed in the apparatus. These cables will be terminated with male RJ-45 modular plug and boot on both ends. This wire will be routed from behind driver's seat and extended to in wrap around center console behind panel #8. This cable will not be connected to the vehicle electrical system. SPARE CIRCUIT There will be one (1) pair of wires, including a positive and a negative, installed on the apparatus. The above wires will have the following features: The positive wire will be connected directly to the battery power. The negative wire will be connected to ground. Wires will be protected to 60 amps at 12 volts DC. Clearwater Fire & Rescue Velocity Pumper FY2021 52 of 118 Power and ground will terminate behind driver's seat. Termination will be with 3/8" studs and plastic covers. Wires will be sized to 125% of the protection. This circuit(s) may be load managed when the parking brake is set. SPARE CIRCUIT There will be one (1) pair of wires, including a positive and a negative, installed on the apparatus. The above wires will have the following features: The positive wire will be connected directly to the battery power. The negative wire will be connected to ground. Wires will be protected to 15 amps at 12 volts DC. Power and ground will terminate DS EMS compartment. lower outboard wall. Termination will be with heat shrinkable butt splicing. Wires will be sized to 125% of the protection. This circuit(s) may be load managed when the parking brake is set. 18 GAUGE SPARE WIRE There will be a one (1) pair of 18 gauge wires, one (1) with black insulation and one (1) with white insulation, included in a separate loom installed in the apparatus. These wires will be routed from behind panel #8 (wrap around console) and extended to Behind driver's seat. These wires will not be connected to any power source and will not be connected to the vehicle electrical system. SPARE CIRCUIT There will be one (1) pair of wires, including a positive and a negative, installed on the apparatus. The above wires will have the following features: The positive wire will be connected directly to the battery power. The negative wire will be connected to ground. Wires will be protected to 15 amps at 12 volts DC. Power and ground will terminate PS EMS compartment. lower outboard wall. Termination will be with heat shrinkable butt splicing. Clearwater Fire & Rescue Velocity Pumper FY2021 53 of 118 Wires will be sized to 125 percent of the protection. This circuit(s) may be load managed when the parking brake is set. SPARE CIRCUIT There will be one (1) pair of wires, including a positive and a negative, installed on the apparatus. The above wires will have the following features: • The positive wire will be connected directly to the battery switched power. • The negative wire will be connected to ground. • Wires will be protected to 15 amps at 12 volts DC. • Power and ground will terminate center of overhead panel. • Termination will be with heat shrinkable butt splicing. Wires will be sized to 125 percent of the protection. This circuit(s) may be load managed when the parking brake is set. INFORMATION CENTER An information center employing a 7.00" diagonal touch screen color LCD display will be encased in an ABS plastic housing. The information center will have the following specifications: • Operate in temperatures from -40 to 185 degrees Fahrenheit • An Optical Gel will be placed between the LCD and protective lens • Five weather resistant user interface switches • Grey with black accents • Sunlight Readable • Linux operating system • Minimum of 1000nits rated display • Display can be changed to an available foreign language • A LCD display integral to the cab gauge panel will be included as outlined in the cab instrumentation area. • Programmed to read US Customary General Screen Design Where possible, background colors will be used to provide "At a Glance" vehicle information. If information provided on a screen is within acceptable limits, a green background will be used. If a caution or warning situation arises the following will occur: • An amber background/text color will indicate a caution condition • A red background/text color will indicate a warning condition • The information center will utilize an "Alert Center" to display text messages for audible alarm tones. The text messages will be written to identify the item(s) causing the audible alarm to Clearwater Fire & Rescue Velocity Pumper FY2021 54 of 118 sound. If more than one (1) text message occurs, the messages will cycle every second until the problem(s) have been resolved. The background color for the "Alert Center" will change to indicate the severity of the "warning" message. If a warning and a caution condition occur simultaneously, the red background color will be shown for all alert center messages. • A label for each button will exist. The label will indicate the function for each active button for each screen. Buttons that are not utilized on specific screens will have a button label with no text or symbol. Home/Transit Screen This screen will display the following: • Vehicle Mitigation (if equipped) • Water Level (if the water level system includes compatible communications to the information center) • Foam Level (if the foam level system includes compatible communications to the information center) • Seat Belt Monitoring Screen Seat Belt Monitoring Screen • Tire Pressure Monitoring (if equipped) • Digital Speedometer • Active Alarms On Scene Screen This screen will display the following and will be auto activated with pump engaged (if equipped): • Battery Voltage • Fuel • Oil Pressure • Coolant Temperature • RPM • Water Level (if equipped) • Foam Level (if equipped) • Foam Concentration (if equipped) • Water Flow Rate (if equipped) • Water Used (if equipped) • Active Alarms Virtual Buttons There will be four (4) virtual switch panel screens that match the overhead and lower lighting and HVAC switch panels. Page Screen The page screen will display the following and allow the user to progress into other screens for further functionality: • Diagnostics Clearwater Fire & Rescue Velocity Pumper FY2021 55 of 118 o Faults  Listed by order of occurrence  Allows to sort by system o Interlock  Throttle Interlocks  Pump Interlocks (if equipped)  Aerial Interlocks (if equipped)  PTO Interlocks (if equipped) o Load Manager  A list of items to be load managed will be provided. The list will provide a description of the load.  The lower the priority numbers the earlier the device will be shed should a low voltage condition occur.  The screen will indicate if a load has been shed (disabled) or not shed.  "At a glance" color features are utilized on this screen. o Systems  Command Zone • Module type and ID number • Module Version • Input or output number • Circuit number connected to that input or output • Status of the input or output • Power and Constant Current module diagnostic information  Foam (if equipped)  Pressure Controller (if equipped)  Generator Frequency (if equipped) o Live Data  General Truck Data • Maintenance o Engine oil and filter o Transmission oil and filter o Pump oil (if equipped) o Foam (if equipped) o Aerial (if equipped) • Setup o Clock Setup o Date & Time  12 or 24 hour format  Set time and date o Backlight  Daytime  Night time  Sensitivity o Unit Selection Clearwater Fire & Rescue Velocity Pumper FY2021 56 of 118 o Home Screen o Virtual Button Setup o On Scene Screen Setup o Configure Video Mode  Set Video Contrast  Set Video Color  Set Video Tint • Do Not Move o The screen will indicate the approximate location and type of item that is open or is not stowed for travel. The actual status of the following devices will be indicated  Driver Side Cab Door  Passenger's Side Cab Door  Driver Side Crew Cab Door  Passenger's Side Crew Cab Door  Driver Side Body Doors  Passenger's Side Body Doors  Rear Body Door(s)  Ladder Rack (if applicable)  Deck Gun (if applicable)  Light Tower (if applicable)  Hatch Door (if applicable)  Stabilizers (if applicable)  Steps (if applicable) • Notifications o View Active Alarms  Shows a list of all active alarms including date and time of the occurrence is shown with each alarm  Silence Alarms - All alarms are silenced • Timer Screen • HVAC (if equipped) • Tire Information (if equipped) • Ascendant Set Up Confirmation (if equipped) Button functions and button labels may change with each screen. COLLISION MITIGATION There will be a HAAS Alert®, Model HA5 Responder-to-Vehicle (R2V) collision avoidance system provided on the apparatus. The HA5 cellular transponder module will be installed behind the cab windshield, as high and near to the center as practical, to allow clear visibility to the sky. The module dimensions are 5.40" long x 2.70" wide x 1.30" high, and operating temperature range is -40 degree C to 85 degree C. The transponder will be connected to the vehicle's emergency master circuit and battery direct power and ground. Clearwater Fire & Rescue Velocity Pumper FY2021 57 of 118 While responding with emergency lights on, the HA5 transponder sends alert messages via cellular network to motorists in the vicinity of the responding truck that are equipped with the WAZE app. While on scene with emergency lights on, the HA5 transponder sends road hazard alerts to motorists in the vicinity of the truck that are equipped with the WAZE app. The HA5 Responder-to-Vehicle (R2V) collision avoidance system will include the transponder and a 5 year cellular plan subscription. Activation of the HAAS Alert system requires a representative of the customer to accept the End User License Agreement (EULA) via an on-line portal. VEHICLE DATA RECORDER There will be a vehicle data recorder (VDR) capable of reading and storing vehicle information provided. The information stored on the VDR can be downloaded through a USB port mounted in a convenient location determined by cab model. A USB cable can be used to connect the VDR to a laptop to retrieve required information. The program to download the information from the VDR will be available to download on-line. The vehicle data recorder will be capable of recording the following data via hardwired and/or CAN inputs: • Vehicle Speed - MPH • Acceleration - MPH/sec • Deceleration - MPH/sec • Engine Speed - RPM • Engine Throttle Position - % of Full Throttle • ABS Event - On/Off • Seat Occupied Status - Yes/No by Position • Seat Belt Buckled Status - Yes/No by Position • Master Optical Warning Device Switch - On/Off • Time - 24 Hour Time • Date - Year/Month/Day Seat Belt Monitoring System A seat belt monitoring system (SBMS) will be provided on the Command Zone™ color display. The SBMS will be capable of monitoring up to 10 seating positions indicating the status of each seat position per the following: • Seat Occupied & Buckled = Green LED indicator illuminated • Seat Occupied & Unbuckled = Red LED indicator with audible alarm • No Occupant & Buckled = Red LED indicator with audible alarm • No Occupant & Unbuckled = No indicator and no alarm The seat belt monitoring screen will become active on the Command Zone color display when: Clearwater Fire & Rescue Velocity Pumper FY2021 58 of 118 • The home screen is active: o and there is any occupant seated but not buckled or any belt buckled with an occupant. o and there are no other Do Not Move Apparatus conditions present. As soon as all Do Not Move Apparatus conditions are cleared, the SBMS will be activated. The SBMS will include an audible alarm that will warn that an unbuckled occupant condition exists and the parking brake is released, or the transmission is not in park. 2-WAY RADIO REMOTE HEAD CABLE There will be one (1) Motorola, Model HKN-6168,remote two-way radio, 30 foot cable(s) provided. The cable will be routed from behind driver's seat to wrap around console, behind panel #8. GPS / MULTIMODE ANTENNA INSTALLATION There will be one (1) customer supplied GPS / Multimode antenna(s) with stud mount for thick roof material to be installed on the roof. The antenna coax cable(s) will be run per the packing list / instructions provided to the third party installer. Specific shipping requirements will be followed. The GPS / Multimode antenna will be sent to the apparatus manufacturers preferred installer prior to cab fabrication. ANTENNA ONLY, GPS There will be one (1) Laird/Antenex, Model GPSU15M, low profile 3-5 volt GPS antenna with active ceramic antenna element housed in durable ABS plastic installed onto the NMO mount located best roof location. The cable will be routed to: routed to the center dash board area under the access panel. RADIO ANTENNA MOUNT There will be one (1) Larson, model NMOKHFUDTHK, 0-6000MHz NMO style antenna mounting base(s) with weatherproof cap(s) and 17 feet of RG58A/U dual shield coax located on the cab roof best roof location. The cable(s) will be routed Behind Driver's seat. RADIO ANTENNA MOUNT There will be two (2) standard antenna-mounting base(s), Model MATM, with 17 feet of coax cable and weatherproof cap provided for a two (2)-way radio installation. The standard mount will be located on the cab roof, just to the rear of the officer seat and the additional mount(s) will be located one on PS one on DS. The cable(s) will be routed behind the driver's seat . VEHICLE CAMERA SYSTEM There will be a color vehicle camera system provided with the following: • One (1) camera located at the rear of the apparatus, pointing rearward, displayed automatically with the vehicle in reverse The camera images will be displayed on the driver's vehicle information center display. Audio from the microphone on the active camera will be emitted by an amplified speaker on the ceiling behind the driver. The following components will be included: Clearwater Fire & Rescue Velocity Pumper FY2021 59 of 118 • One (1) SV-CW134639CAI, camera • One (1) amplified speaker (if applicable) • All necessary cables VEHICLE CAMERA GUARD There will be one (1) aluminum treadplate guard(s) fastened over the vehicle camera(s) located match previous . ELECTRICAL POWER CONTROL SYSTEM The primary power distribution will be located forward of the officer's seating position and be easily accessible while standing on the ground for simplified maintenance and troubleshooting. Additional electrical distribution centers will be provided throughout the vehicle to house the vehicle's electrical power, circuit protection, and control components. The electrical distribution centers will be located strategically throughout the vehicle to minimize wire length. For ease of maintenance, all electrical distribution centers will be easily accessible. All distribution centers containing fuses, circuit breakers and/or relays will be easily accessible. Distribution centers located throughout the vehicle will contain battery powered studs for supplying customer installed equipment thus providing a lower cost of ownership. Circuit protection devices, which conform to SAE standards, will be utilized to protect electrical circuits. All circuit protection devices will be rated per NFPA requirements to prevent wire and component damage when subjected to extreme current overload. General protection circuit breakers will be Type-I automatic reset (continuously resetting). When required, automotive type fuses will be utilized to protect electronic equipment. Control relays and solenoid will have a direct current rating of 125 percent of the maximum current for which the circuit is protected per NFPA. Solid-State Control System A solid-state electronics based control system will be utilized to achieve advanced operation and control of the vehicle components. A fully computerized vehicle network will consist of electronic modules located near their point of use to reduce harness lengths and improve reliability. The control system will comply with SAE J1939-11 recommended practices. The control system will operate as a master-slave system whereas the main control module instructs all other system components. The system will contain patented Mission Critical software that maintains critical vehicle operations in the unlikely event of a main controller error. The system will utilize a Real Time Operating System (RTOS) fully compliant with OSEK/VDX™ specifications providing a lower cost of ownership. For increased reliability and simplified use the control system modules will include the following attributes: • Green LED indicator light for module power • Red LED indicator light for network communication stability status • Control system self test at activation and continually throughout vehicle operation • No moving parts due to transistor logic Clearwater Fire & Rescue Velocity Pumper FY2021 60 of 118 • Software logic control for NFPA mandated safety interlocks and indicators • Integrated electrical system load management without additional components • Integrated electrical load sequencing system without additional components • Customized control software to the vehicle's configuration • Factory and field re programmable to accommodate changes to the vehicle's operating parameters • Complete operating and troubleshooting manuals • USB connection to the main control module for advanced troubleshooting To assure long life and operation in a broad range of environmental conditions, the solid-state control system modules will meet the following specifications: • Module circuit board will meet SAE J771 specifications • Operating temperature from -40C to +70C • Storage temperature from -40C to +70C • Vibration to 50g IP67 rated enclosure (Totally protected against dust and also protected against the effect of temporary immersion between 15 centimeters and one (1) meter) Operating voltage from eight (8) volts to 16 volts DC The main controller will activate status indicators and audible alarms designed to provide warning of problems before they become critical. Circuit Protection and Control Diagram Copies of all job-specific, computer network input and output (I/O) connections will be provided with each chassis. The sheets will indicate the function of each module connection point, circuit protection information (where applicable), wire numbers, wire colors and load management information. On-Board Advanced/Visual Electrical System Diagnostics The on-board information center will include the following diagnostic information: • Text description of active warning or caution alarms • Simplified warning indicators • Amber caution indication with intermittent alarm • Red warning indication with steady tone alarm All control system modules, with the exception of the main control module, will contain on-board visual diagnostic LEDs that assist in troubleshooting. The LEDs will be enclosed within the sealed, transparent module housing near the face of the module. One LED for each input or output will be provided and will illuminate whenever the respective input or output is active. Color-coded labels within the modules will encompass the LEDs for ease of identification. The LED indicator lights will provide point of use information for reduced troubleshooting time without the need for an additional computer. Clearwater Fire & Rescue Velocity Pumper FY2021 61 of 118 Tech Module with WiFi An in cab module will provide WiFi wireless interface and data logging capability. The WiFi interface will comply with IEEE 802.11 b/g/n capabilities while communicating at 2.4 Gigahertz. The module will provide an external antenna connection allowing a line of site communication range of up to 300 feet with a roof mounted antenna. The module will transmit a password protected web page to a WiFi enabled device (i.e. most smart phones, tablets or laptops) allowing two levels of user interaction. The firefighter level will allow vehicle monitoring of the vehicle and firefighting systems on the apparatus. The technician level will allow diagnostic access to inputs and outputs installed on the Command Zone™, control and information system. The data logging capability will record faults from the engine, transmission, ABS and Command Zone™, control and information systems as they occur. No other data will be recorded at the time the fault occurs. The data logger will provide up to 2 Gigabytes of data storage. A USB connection will be provided on the Tech Module. It will provide a means to download data logger information and update software in the device. Prognostics A software based vehicle tool will be provided to predict remaining life of the vehicles critical fluid and events. The system will send automatic indications to the Command Zone, color display and/or wireless enabled device to proactively alert of upcoming service intervals. Prognostics will include: • Engine oil and filter • Transmission oil and filter • Pump oil (if equipped) • Foam oil (if equipped) • Aerial oil and filter (if equipped) Advanced Diagnostics An advanced, Windows-based, diagnostic software program will be provided for this control system. The software will provide troubleshooting tools to service technicians equipped with a Windows-based computer or wireless enabled device. The service and maintenance software will be easy to understand and use and have the ability to view system input/output (I/O) information. Indicator Light and Alarm Prove-Out System A system will be provided which automatically tests basic indicator lights and alarms located on the cab instrument panel. Clearwater Fire & Rescue Velocity Pumper FY2021 62 of 118 Voltage Monitor System A voltage monitoring system will be provided to indicate the status of the battery system connected to the vehicle's electrical load. The system will provide visual and audible warning when the system voltage is below or above optimum levels. The alarm will activate if the system falls below 11.8 volts DC for more than two (2) minutes. Dedicated Radio Equipment Connection Points There will be three (3) studs provided in the primary power distribution center located in front of the officer for two-way radio equipment. • The studs will consist of the following: • 12-volt 40-amp battery switched power • 12-volt 60-amp ignition switched power • 12-volt 60-amp direct battery power There will also be a 12-volt 100-amp ground stud located in or adjacent to the power distribution center. Enhanced Software The solid-state control system will include the following software enhancements: All perimeter lights and scene lights (where applicable) will be deactivated when the parking brake is released. Cab and crew cab dome lights will remain on for 10 seconds for improved visibility after the doors close. The dome lights will dim after 10 seconds or immediately if the vehicle is put into gear. Cab and crew cab perimeter lights will remain on for 10 seconds for improved visibility after the doors close. The dome lights will dim after 10 seconds or immediately if the vehicle is put into gear. EMI/RFI Protection To prevent erroneous signals from crosstalk contamination and interference, the electrical system will meet, at a minimum, SAE J551/2, thus reducing undesired electromagnetic and radio frequency emissions. An advanced electrical system will be used to ensure radiated and conducted electromagnetic interference (EMI) or radio frequency interference (RFI) emissions are suppressed at their source. The apparatus will have the ability to operate in the electromagnetic environment typically found in fire ground operations to ensure clean operations. The electrical system will meet, without exceptions, electromagnetic susceptibility conforming to SAE J1113/25 Region 1, Class C EMR for 10KHz-1GHz to 100 Volts/Meter. The vehicle OEM, upon request, will provide EMC testing reports from testing conducted on an entire apparatus and will certify that the vehicle meets SAE J551/2 and SAE J1113/25 Region 1, Class C EMR for 10KHz-1GHz to 100 Volts/Meter requirements. EMI/RFI susceptibility will be controlled by applying appropriate circuit designs and shielding. The electrical system will be designed for full compatibility with low-level control signals and high-powered Clearwater Fire & Rescue Velocity Pumper FY2021 63 of 118 two-way radio communication systems. Harness and cable routing will be given careful attention to minimize the potential for conducting and radiated EMI/RFI susceptibility. ELECTRICAL All 12-volt electrical equipment installed by the apparatus manufacturer will conform to modern automotive practices. All wiring will be high temperature crosslink type. Wiring will be run, in loom or conduit, where exposed and have grommets where wire passes through sheet metal. Automatic reset circuit breakers will be provided which conform to SAE Standards. Wiring will be color, function and number coded. Function and number codes will be continuously imprinted on all wiring harness conductors at 2.00" intervals. Exterior exposed wire connectors will be positive locking, and environmentally sealed to withstand elements such as temperature extremes, moisture and automotive fluids. Electrical wiring and equipment will be installed utilizing the following guidelines: 1. All holes made in the roof will be caulked with silicon. Large fender washers, liberally caulked, will be used when fastening equipment to the underside of the cab roof. 2. Any electrical component that is installed in an exposed area will be mounted in a manner that will not allow moisture to accumulate in it. Exposed area will be defined as any location outside of the cab or body. 3. Electrical components designed to be removed for maintenance will not be fastened with nuts and bolts. Metal screws will be used in mounting these devices. Also a coil of wire will be provided behind the appliance to allow them to be pulled away from mounting area for inspection and service work. 4. Corrosion preventative compound will be applied to all terminal plugs located outside of the cab or body. All non-waterproof connections will require this compound in the plug to prevent corrosion and for easy separation (of the plug). 5. All lights that have their sockets in a weather exposed area will have corrosion preventative compound added to the socket terminal area. 6. All electrical terminals in exposed areas will have silicon (1890) applied completely over the metal portion of the terminal. All lights and reflectors, required to comply with Federal Motor Vehicle Safety Standard #108, will be furnished. Rear identification lights will be recessed mounted for protection. Lights and wiring mounted in the rear bulkheads will be protected from damage by installing a false bulkhead inside the rear compartments. An operational test will be conducted to ensure that any equipment that is permanently attached to the electrical system is properly connected and in working order. The results of the tests will be recorded and provided to the purchaser at time of delivery. BATTERY SYSTEM There will be four (4) 12 volt Exide®, Model 31S950X3W, batteries that include the following features will be provided: • 950 CCA, cold cranking amps Clearwater Fire & Rescue Velocity Pumper FY2021 64 of 118 • 190 amp reserve capacity • High cycle • Group 31 • Rating of 3800 CCA at 0 degrees Fahrenheit • 760 minutes of reserve capacity • Threaded stainless steel studs Each battery case will be a black polypropylene material with a vertically ribbed container for increased vibration resistance. The cover will be manifold vented with a central venting location to allow a 45 degree tilt capacity. The inside of each battery will consist of a "maintenance free" grid construction with poly wrapped separators and a flooded epoxy bottom anchoring for maximum vibration resistance. BATTERY SYSTEM There will be a single starting system with an ignition switch and starter button provided and located on the cab instrument panel. MASTER BATTERY SWITCH There will be a master battery switch provided within the cab within easy reach of the driver to activate the battery system. An indicator light will be provided on the instrument panel to notify the driver of the status of the battery system. BATTERY COMPARTMENTS The batteries will be stored in well-ventilated compartments that are located under the cab and bolted directly to the chassis frame. The battery compartments will be constructed of 3/16" steel plate and be designed to accommodate a maximum of three (3) group 31 batteries in each compartment. The compartments will include formed fit heavy-duty roto-molded polyethylene battery tray inserts with drains on each side of the frame rails. The batteries will be mounted inside of the roto-molded trays. JUMPER STUDS One (1) set of battery jumper studs with plastic color-coded covers will be installed on the battery box on the driver's side. This will allow enough room for easy jumper cable access. BATTERY CHARGER There will be a Kussmaul™ 1200, Model 091-187-12-Remote, battery charger provided. A bar graph display indicating the state of charge will be provided. The charger will have a maximum output of 40 amps and a fully automatic regulation. The battery charger will be wired to the AC shoreline inlet through an AC receptacle adjacent to the battery charger. Battery charger will be located in the crew cab seat riser. The battery charger indicator will be located near the driver's seat riser with special bracketry. Clearwater Fire & Rescue Velocity Pumper FY2021 65 of 118 AUTO EJECT FOR SHORELINE There will be one (1) Kussmaul™, Model 091-55-20-120, 20 amp 120 volt AC shoreline inlet(s) provided to operate the dedicated 120 volt AC circuits on the apparatus. The shoreline inlet(s) will include red weatherproof flip up cover(s). There will be a release solenoid wired to the vehicle's starter to eject the AC connector when the engine is starting. The shoreline(s) will be connected to battery charger and cab receptacle. There will be a mating connector body supplied with the loose equipment. There will be a label installed near the inlet(s) that state the following: • Line Voltage • Current Ratting (amps) • Phase • Frequency The shoreline receptacle will be located on the driver side of bumper extension. ALTERNATOR A Delco Remy®, Model 55SI, alternator will be provided. It will have a rated output current of 430 amps, as measured by SAE method J56. The alternator will feature an integral regulator and rectifier system that has been tested and qualified to an ambient temperature of 257 degrees Fahrenheit (125 degrees Celsius). The alternator will be connected to the power and ground distribution system with heavy-duty cables sized to carry the full rated alternator output. LOAD MANAGER ROCKER SWITCH A rocker style switch will be provided for the load manager. LIGHT, PROGRAMMING The body step lights will be activated by the standard switching and whenever the parking brake is set. ELECTRONIC LOAD MANAGER An electronic load management (ELM) system will be provided that monitors the vehicles 12-volt electrical system, automatically reducing the electrical load in the event of a low voltage condition, and automatically restoring the shed electrical loads when a low voltage condition expires. This ensures the integrity of the electrical system. For improved reliability and ease of use, the load manager system will be an integral part of the vehicle's solid state control system requiring no additional components to perform load management tasks. Load management systems which require additional components will not be allowed. The system will include the following features: • System voltage monitoring. Clearwater Fire & Rescue Velocity Pumper FY2021 66 of 118 • A shed load will remain inactive for a minimum of five minutes to prevent the load from cycling on and off. • Sixteen available electronic load shedding levels. • Priority levels can be set for individual outputs. • High Idle to not be controlled by the load manager. o If enabled:  "Load Man Hi-Idle On" will display on the information center.  Hi-Idle will not activate until 30 seconds after engine start up. • Individual switch "on" indicator to flash when the particular load has been shed. • The information center indicates system voltage. The information center, where applicable, includes a "Load Manager" screen indicating the following: • Load managed items list, with priority levels and item condition. • Individual load managed item condition: o ON = not shed o SHED = shed SEQUENCER A sequencer will be provided that automatically activates and deactivates vehicle loads in a preset sequence thereby protecting the alternator from power surges. This sequencer operation will allow a gradual increase or decrease in alternator output, rather than loading or dumping the entire 12 volt load to prolong the life of the alternator. For improved reliability and ease of use, the load sequencing system will be an integral part of the vehicle's solid state control system requiring no additional components to perform load sequencing tasks. Load sequencing systems which require additional components will not be allowed. Emergency light sequencing will operate in conjunction with the emergency master light switch. When the emergency master switch is activated, the emergency lights will be activated one by one at half- second intervals. Sequenced emergency light switch indicators will flash while waiting for activation. When the emergency master switch is deactivated, the sequencer will deactivate the warning light loads in the reverse order. Sequencing of the following items will also occur, in conjunction with the ignition switch, at half-second intervals: • Cab Heater and Air Conditioning • Crew Cab Heater (if applicable) • Crew Cab Air Conditioning (if applicable) • Exhaust Fans (if applicable) • Third Evaporator (if applicable) Clearwater Fire & Rescue Velocity Pumper FY2021 67 of 118 HEADLIGHTS There will be four (4) JW Speaker®, Model 8800, 4" x 6" rectangular LED lights mounted in the front quad style, chrome housing on each side of the cab grille: • the outside light on each side will contain a part number 055***1 low beam module • the inside light on each side will contain a part number 055***1 high beam module • the headlight to include chrome bezels The low beam lights will be activated when the headlight switch is on. The high beam and low beam lights will be activated when the headlight switch and the high beam switch is activated. DIRECTIONAL LIGHTS There will be two (2) Whelen 600® series, LED combination directional/marker lights provided. The lights will be located on the outside cab corners, next to the headlights. The color of the lenses will be the same color as the LED's. CAB CLEARANCE/MARKER/ID LIGHTS There will be seven (7) Truck-Lite, Model 35200Y, amber LED lights provided to indicate the presence and overall width of the vehicle in the following locations: • Three (3) amber LED identification lights will be installed in the center of the cab above the windshield. • Two (2) amber LED clearance lights will be installed, one (1) on each outboard side of the cab above the windshield. • Two (2) amber LED marker lights will be installed, one (1) on each side above the cab doors. The lights will be mounted with no guard. INTERMEDIATE LIGHT There will be two (2) Weldon, Model 9186-8580-29, amber LED turn signal marker lights furnished, one (1) each side, in the rear fender panel. The light will double as a turn signal and marker light. REAR CLEARANCE/MARKER/ID LIGHTING There will be a three (3) LED light bar used as identification lights located at the rear of the apparatus per the following: • As close as practical to the vertical centerline • Centers spaced not less than 6.00" or more than 12.00" apart • Red in color • All at the same height There will be two (2) LED lights installed at the rear of the apparatus used as clearance lights located at the rear of the apparatus per the following: • To indicate the overall width of the vehicle Clearwater Fire & Rescue Velocity Pumper FY2021 68 of 118 • One (1) each side of the vertical centerline • As near the top as practical • Red in color • To be visible from the rear • All at the same height There will be two (2) LED lights installed on the side of the apparatus used as marker lights as close to the rear as practical per the following: • To indicate the overall length of the vehicle • One (1) each side of the vertical centerline • As near the top as practical • Red in color • To be visible from the side • All at the same height There will be two (2) red reflectors located on the rear of the truck facing to the rear. One (1) each side, as far to the outside as practical, at a minimum of 15.00", but no more than 60.00", above the ground. There will be two (2) red reflectors located on the side of the truck facing to the side. One (1) each side, as far to the rear as practical, at a minimum of 15.00", but no more than 60.00", above the ground. Per FMVSS 108 and CMVSS 108 requirements. REAR FMVSS LIGHTING There will be Whelen® stop/tail and directional lights with chrome trim provided at the rear of the apparatus per the following: • two (2) Model C6BTT*, 5.12" high x 7.56" wide x 1.56" deep stop/tail lights with red LEDs • two (2) Model C6T*, 5.12" high x 7.56" wide x 1.56" deep directional lights with amber LEDs in an arrow pattern • the lens color(s) to be clear Two (2) Whelen Model C6BU, 5.15" high x 7.56" wide x 1.62" deep backup lights with white LEDs and chrome trim will be provided at the rear of the apparatus. LICENSE PLATE BRACKET There will be one (1) license plate bracket mounted on the rear of the body. A white LED light will illuminate the license plate. A stainless steel light shield will be provided over the light that will direct illumination downward, preventing white light to the rear. BACK-UP ALARM A PRECO, Model 1040, solid-state electronic audible back-up alarm that actuates when the truck is shifted into reverse will be provided. The device will sound at 60 pulses per minute and automatically adjust its volume to maintain a minimum ten (10) dBA above surrounding environmental noise levels. Clearwater Fire & Rescue Velocity Pumper FY2021 69 of 118 CAB PERIMETER SCENE LIGHTS There will be four (4) Amdor, Model AY-LB-12HW012, 190 lumens each, 12.00" white LED strip lights provided. • One (1) under the driver's side cab access step. • One (1) under the passenger's side cab access step. • One (1) under the passenger's side crew cab access step. • One (1) under the driver's side crew cab access step. The lights will be activated when the battery switch is on and the respective door is open and whenever control has been selected for the body perimeter lights. PUMP HOUSE PERIMETER LIGHTS There will be two (2) Amdor, Model AY-LB-12HW020, 350 lumens each, 20.00" LED weatherproof strip lights with brackets provided under the pump panel running boards, one (1) each side. If the combination of options in the vehicle does not permit clearance for a 20.00" light, a 12.00" version of the Amdor light will be installed. The lights will be controlled by the same means as the body perimeter lights. BODY PERIMETER SCENE LIGHTS There will be two (2) Amdor, Model AY-LB-12HW020, 350 lumens, 20.00" long, white LED's, 12 volt DC lights provided at the rear step area of the body, one (1) each side shining to the rear. The perimeter scene lights will be activated when a switch within reach of the driver is activated and the ignition switch activates the side facing lights. ADDITIONAL PERIMETER LIGHTS There will be two (2) Whelen Model PELCC white 12 volt DC LED light(s) with 45 degree chrome mount provided over rear wheels. These additional lights will be controlled with the other body perimeter lights. ADDITIONAL PERIMETER LIGHTS There will be two (2) lights Amdor®, Model AY-LB-12HW012, 190 lumens each, 12.00" white LED perimeter light(s) provided one (1) light under compartment D1 and one (1) light under compartment P1. These lights will be activated the same as the body perimeter lights. STEP LIGHTS Four (4) white LED step lights will be provided. One (1) step light will be provided on each side, on the front compartment face and two (2) step lights at the rear to illuminate the tailboard. In order to ensure exceptional illumination, each light will provide a minimum of 25 foot-candles (fc) covering an entire 15.00" x 15.00" square placed 10.00" below the light and a minimum of 1.5 fc covering an entire 30.00" x 30.00" square at the same 10.00" distance below the light. Clearwater Fire & Rescue Velocity Pumper FY2021 70 of 118 These step lights will be actuated with the pump panel light switch. All other steps on the apparatus will be illuminated per the current edition of NFPA 1901. ADDITIONAL STEP LIGHT Additional lighting will be provided by white LED step lights. The step lights will be installed in the cargo area as required . The quantity of additional step lights will be three (3) lights. In order to ensure exceptional illumination, each light will provide a minimum of 25 foot-candles (fc) covering an entire 15" x 15" square placed ten (10) inches below the light and a minimum of 1.5 fc covering an entire 30" x 30" square at the same ten (10) inch distance below the light. The additional step lights will be activated by the same means as the standard step lights. POLISHED STAINLESS STEEL TRIM ARROUIND REAR LIGHT There will be two (2) 16 gauge polished stainless steel trim rings installed on the outside of the lights installed at the rear of the apparatus DS and PS rear. HOSE BED LIGHTS There will be one (1) Whelen, Model 70C0ELZR LED light(s) with a Whelen, Model 7EFLANGE, chrome flange installed at the forward hose bed bulkhead located mounted high and centered on cross divider . The light(s) will be mounted with no mounting bracket and with no guard. The light(s) will be activated by a switch located at the driver's side pump panel. 12 VOLT LIGHTING There will be one (1) Whelen® Model P*H2*, 17,750 lumens 12 volt DC light(s) with flood optics provided on the front visor, centered. The housing(s) painted parts of this light assembly to be white. The light(s) will be controlled by a switch at the driver's side switch panel. These light(s) may be load managed when the parking brake is applied. 12 VOLT DC SCENE LIGHTS There will be one (1) Whelen® Model P*H1*, 8,875 lumens 12 volt DC powered lights with white LEDs and flood optics installed on the apparatus located, High and rear of DS crew door. The light(s) to be installed in a 15 degree vertical recessed bracket. The painted parts of this light assembly to be white. The lights will be activated when the cab or crew cab doors on the driver's side are open and by the same control that has been selected for the driver's side flood light(s). The light(s) may be load managed when the parking brake is applied. Clearwater Fire & Rescue Velocity Pumper FY2021 71 of 118 12 VOLT DC SCENE LIGHTS There will be one (1) Whelen® Model P*H1*, 8,875 lumens 12 volt DC powered lights with white LEDs and flood optics installed on the apparatus located, High and rear of PS crew door. The light(s) to be installed in a 15 degree vertical recessed bracket. The painted parts of this light assembly to be white. The lights will be activated when the cab or crew cab doors on the passenger's side are open and by the same control that has been selected for the passenger's side flood light(s). The light(s) may be load managed when the parking brake is applied. 12 VOLT LIGHTING There will be two (2) Whelen® Model P*H1*, 8,875 lumens 12 volt DC LED light(s) with flood optics installed on the apparatus located, One DS and one PS rear Match 29715. The painted parts of this light assembly to be white. The light(s) to be installed in a 15 degree vertical recessed bracket. The lights will be controlled by a switch at the driver's side switch panel. The light(s) may be load managed when the parking brake is applied. 12 VOLT LIGHTING There will be two (2) Whelen® Model P*H1*, 8,875 lumens 12 volt DC LED light(s) with flood optics installed on the apparatus located, PS catwalk. Match 29715. The painted parts of this light assembly to be white. The light(s) to be installed on adjustable bail bracket(s). The lights will be controlled by a switch at the driver's side switch panel. The light(s) may be load managed when the parking brake is applied. 12 VOLT LIGHTING There will be two (2) Whelen® Model P*H1*, 8,875 lumens 12 volt DC LED light(s) with flood optics installed on the apparatus located, DS catwalk. Match 29715. The painted parts of this light assembly to be white. The light(s) to be installed on adjustable bail bracket(s). The lights will be controlled by a switch at the driver's side switch panel. The light(s) may be load managed when the parking brake is applied. Clearwater Fire & Rescue Velocity Pumper FY2021 72 of 118 WALKING SURFACE LIGHTS There will be white 12 volt DC LED light strips with stainless steel protective cover, provided to light the cargo area. • One (1) light strip will be installed the entire length of the driver's side of the cargo area. • One (1) light strip will be installed the entire length of the passenger's side of the cargo area. The light will be activated when the body step lights are on. SPECIAL WATER TANK Booster tank will have a capacity of 500 gallons and be constructed of polypropylene plastic by United Plastic Fabricating, Incorporated. The Special tank will be T-shaped to provide for deep side compartments and to serve as a large sump to limit the amount of undraftable water. The tank will be designed to achieve a low hose bed. Tank design will be a stepped design with the forward section of the tank higher than the section of the tank that is below the hose bed. Tank joints and seams will be nitrogen welded inside and out. Tank will be baffled in accordance with NFPA Bulletin 1901 requirements. Baffles will have vent openings at both the top and bottom to permit movement of air and water between compartments. Longitudinal partitions will be constructed of .38" polypropylene plastic and will extend from the bottom of the tank through the top cover to allow for positive welding. Transverse partitions will extend from 4.00" off the bottom of the tank to the underside of the top cover. All partitions will interlock and will be welded to the tank bottom and sides. Tank top will be constructed of .50" polypropylene. It will be recessed .38" and will be welded to the tank sides and the longitudinal partitions. Tank top will be sufficiently supported to keep it rigid during fast filling conditions. Construction will include 2.00" polypropylene dowels spaced no more than 30.00" apart and welded to the transverse partitions. Two (2) of the dowels will be drilled and tapped (.50" diameter, 13.00" deep) to accommodate lifting eyes. A sump that will be sized dependent on the tank to pump plumbing will be provided at the bottom of the water tank. Sump will include a drain plug and the tank outlet. Tank will have a combination vent and 14.00" fill tower. Tank will be installed in a special size fabricated cradle assembly constructed of structural steel. Clearwater Fire & Rescue Velocity Pumper FY2021 73 of 118 Sufficient crossmembers will be provided to properly support bottom of tank. Crossmembers will be constructed of steel flat bar or rectangular tubing. Tank will "float" in cradle to avoid torsional stress caused by chassis frame flexing. Rubber cushions, .50" thick x 3.00" wide, will be placed on all horizontal surfaces that the tank rests on. Stops or other provision will be provided to prevent an empty tank from bouncing excessively while moving vehicle. Mounting system to be approved by the tank manufacturer. Fill tower will be constructed of .50" polypropylene and will be a minimum of 8.00" wide x 14.00" long. Fill tower will be furnished with a .25" thick polypropylene screen and a hinged cover. An overflow pipe, constructed of 4.00" schedule 40 polypropylene, will be installed approximately halfway down the fill tower and extend through the water tank and exit to the rear of the rear axle. The fill dome for the foam cell will be located Match 29715. On the DS front corner of upper portion of water tank. The water tank fill dome will be located Match 29715 - in line and rearward of foam dome. WATER TANK RESTRAINT A heavy-duty water tank restraint will be provided. HOSE BED The hose bed will be fabricated of 0.125"-5052 aluminum with a nominal 38,000 psi tensile strength. The hose bed will be as low as practical. Upper and rear edges of side panels will have a double break for rigidity. Any area of the outboard hose bed wall that extends past the end of the hose bed floor will be covered with brushed stainless steel to prevent damage to painted surface when hose is removed. Flooring of the hose bed will be removable aluminum grating with the top surface corrugated to aid in hose aeration. The grating slats will be a minimum of 0.50" x 4.50" with spacing between slats for hose ventilation. A cross divider will be provided at the front of the hose bed before the tank transitions from the lower section to the upper section. The divider will run from the top of the side sheet down below the hose bed grating. The hose bed floor will be 62" from the ground when the truck is fully loaded. Hose bed will accommodate starting from the driver's side: 400' of 2.5", 300' of 3", 300' of 3", 1100' of 5", 150' of 1.75" and 200' of 1.75". Clearwater Fire & Rescue Velocity Pumper FY2021 74 of 118 HOSE BED DIVIDER Three (3) adjustable hosebed dividers will be furnished for separating hose. Each divider will be constructed of a .25" brushed aluminum sheet. Flat surfaces will be sanded for uniform appearance, or constructed of brushed aluminum. Divider will be fully adjustable by sliding in tracks, located at the front and rear of the hose bed. Divider will be held in place by tightening bolts, at each end. Acorn nuts will be installed on all bolts in the hose bed which have exposed threads. HOSE BED HOSE RESTRAINT The hose in the hose bed will be restrained by a black nylon Velcro® strap at the top of the hosebed. At the rear of the hose bed, 2.00" black nylon webbing with a 1.50" x 4.00" box pattern will attach at the top rear outside corners with seat belt buckle fasteners. The webbing will have straps connected with seat belt buckle fasteners located at the rear body sheet below the hose bed. two (2) additional hose bed dividers will be furnished. Each divider will be constructed of a .125" brushed aluminum sheet fitted and welded into a slotted, radiused extrusion along the top, bottom and rear edge. Divider will be held in place by tightening two (2) bolts, one (1) at each end. Acorn nuts will be installed on all bolts in the hose bed which have exposed threads. The location of the additional divider will be Install two in the center of the hose bedMatch previous unit 29715. HOSEBED HOSE RESTRAINT A red hosebed cover will be furnished with bungee cord and hook fasteners at the front and bungee cord and hook fasteners on the sides. There will be bungee cord and hook fasteners at the rear of the hose bed cover. FILL DOME ACCESS There will be two (2) fill dome(s) accessed through the vinyl hose bed cover. A flap(s) with Velcro® strips will be provided in the vinyl hose bed cover for access to the fill dome(s) without removing the front portion of the cover. The flap will be permanently attached along the forward edge. RUNNING BOARDS Running boards will be fabricated of .125" bright aluminum treadplate. Each running board will be supported by a welded 2.00" square tubing and channel assembly, which will be bolted to the pump compartment substructure. Running boards will be 14.75" deep and spaced .50" away from the pump panel. The rear outside corner of the running board will be finished with a 45 degree corner where it lines up with the body. Clearwater Fire & Rescue Velocity Pumper FY2021 75 of 118 A splash guard will be provided above the running board treadplate. TAILBOARD The tailboard will also be constructed of .125" bright aluminum treadplate and spaced .50" from the body, as well as supported by a structural steel assembly. The tailboard area will be 16.00" deep and full width of the body. The outboard sides of the tailboard will be angled at 45 degrees beginning at the point where the body meets the tailboard at the outboard edge angling rearward to the rear edge of the tailboard. The exterior side will be flanged down and in for increased rigidity of tailboard structure. REAR WALL, SMOOTH ALUMINUM/BODY MATERIAL The rear facing surfaces of the center rear wall will be smooth aluminum. The bulkheads, the surface to the rear of the side body compartments, will be smooth and the same material as the body. TOW BAR A tow bar will be installed under the tailboard at center of truck. Tow bar will be fabricated of 1.00" CRS bar rolled into a 3.00" radius. Tow bar assembly will be constructed of .38" structural angle. When force is applied to the bar, it will be transmitted to the frame rail. Tow bar assembly will be designed and positioned to allow up to a 30-degree upward angled pull of 17,000 lb, or a 20,000 lb straight horizontal pull in line with the centerline of the vehicle. Tow bar design will have been fully tested and evaluated using strain gauge testing and finite element analysis techniques. RUNNING BOARD HOSE RESTRAINT A pair of 2.00" wide black nylon straps with Velcro fasteners will be provided for each hose tray to secure the hose during travel. There will be Two (2) hose trays located one (1) in each side running board. HOSE TRAY Two (2) hose trays will be recessed one (1) in each side running board. Capacity of the tray will be 100' of 1.50" hose. Rubber matting will be installed on the floor of the tray to provide proper ventilation. COMPARTMENTATION Body and compartments will be fabricated of .125", 5052-H32 aluminum. Side compartments will be an integral assembly with the rear fenders. Clearwater Fire & Rescue Velocity Pumper FY2021 76 of 118 Circular fender liners will be provided for prevention of rust pockets and ease of maintenance. Side compartment flooring will be of the sweep out design with the floor higher than the compartment door lip. The side compartment door opening will be framed by flanging the edges in 1.75" and bending out again .75" to form an angle. Drip protection will be provided above the doors by means of bright aluminum extrusion, formed bright aluminum treadplate or polished stainless steel. The top of the compartment will be covered with bright aluminum treadplate rolled over the edges on the front, rear and outward side. These covers will have the corners welded. Side compartment covers will be separate from the compartment tops. Front facing compartment walls will be covered with bright aluminum treadplate. All screws and bolts which protrude into a compartment will have acorn nuts on the ends to prevent injury. UNDERBODY SUPPORT SYSTEM Due to the severe loading requirements of this pumper a method of body and compartment support suitable for the intended load will be provided. The backbone of the support system will be the chassis frame rails which is the strongest component of the chassis and is designed for sustaining maximum loads. The support system will include .375" thick steel vertical angle supports bolted to the chassis frame rails with .625" diameter bolts. Attached to the bottom of the steel vertical angles will be horizontal angles, with gussets welded to the vertical members, which extend to the outside edge of the body. A steel frame will be mounted on the top of these supports to create a floating substructure which will result in a 500 lb equipment support rating per lower compartment. The floating substructure will be separated from the horizontal members with neoprene elastomer isolators. These isolators will reduce the natural flex stress of the chassis from being transmitted to the body. Isolators will have a broad load range, proven viability in vehicular applications, be of a fail safe design and allow for all necessary movement in three (3) transitional and rotational modes. The neoprene isolators will be installed in a modified V three (3)-point mounting pattern to reduce the natural flex of the chassis being transmitted to the body. Clearwater Fire & Rescue Velocity Pumper FY2021 77 of 118 AGGRESSIVE WALKING SURFACE All exterior surfaces designated as stepping, standing, and walking areas will comply with the required average slip resistance of the current NFPA standards. LOUVERS Louvers will be stamped into compartment walls to provide the proper airflow inside the body compartments and to prevent water from dripping into the compartment. Where these louvers are provided, they will be formed into the metal and not added to the compartment as a separate plate. TESTING OF BODY DESIGN Body structural analysis has been fully tested. Proven engineering and test techniques such as finite element analysis, stress coating and strain gauging have been performed with special attention given to fatigue, life and structural integrity of the cab, body and substructure. Body will be tested while loaded to its greatest in-service weight. The criteria used during the testing procedure will include: • Raising opposite corners of the vehicle tires 9.00" to simulate the twisting a truck may experience when driving over a curb. • Making a 90 degree turn, while driving at 20 mph to simulate aggressive driving conditions. • Driving the vehicle at 35 mph on a washboard road. • Driving the vehicle at 55 mph on a smooth road. • Accelerating the vehicle fully, until reaching the approximate speed of 45 mph on rough pavement. Evidence of actual testing techniques will be made available upon request. LEFT SIDE COMPARTMENTATION The left side compartmentation will consist of three rollup door compartments. A full height, rollup door compartment ahead of the rear wheels will be provided. The interior dimensions of this compartment will be 34.50" wide x 66.63" high x 25.88" deep in the lower 25.00" of the compartment and 12.00" deep in the remaining upper portion. The clear door opening will be a minimum of 28.75" wide x 56.88" high. A rollup door compartment over the rear wheels will be provided. The interior dimensions of this compartment will be 66.50" wide x 32.88" high x 12.00" deep. The clear door opening will be a minimum of 58.25" wide x 23.13" high. A full height, rollup door compartment behind the rear wheels will be provided. The interior dimensions of this compartment will be 47.75" wide x 67.63" high x 25.88" deep in the lower 26.00" of height and 12.00" deep in the remaining upper section of the compartment. The clear door opening will be a minimum of 44.75" wide x 57.88" high. Clearwater Fire & Rescue Velocity Pumper FY2021 78 of 118 The interior height of the compartments will be measured from the compartment floor to the ceiling. The spool of the rollup door at the top of the compartment takes up some usable space. The depth of the compartments will be measured from the back wall to the inside of the door frame. Closing of the door will not require releasing, unlocking, or unlatching any mechanism and will easily be accomplished with one hand. RIGHT SIDE COMPARTMENTATION The right side compartmentation will consist of three rollup door compartments. A full height, rollup door compartment ahead of the rear wheels will be provided. The interior dimensions of this compartment will be 34.50" wide x 66.63" high x 25.88" deep in the lower 25.00" of the compartment and 12.00" deep in the remaining upper portion. The clear door opening will be a minimum of 28.75" wide x 56.88" high. A rollup door compartment over the rear wheels will be provided. The interior dimensions of this compartment will be 66.50" wide x 32.88" high x 12.00" deep. The clear door opening will be a minimum of 58.25" wide x 23.13" high. A full height, rollup door compartment behind the rear wheels will be provided. The interior dimensions of this compartment will be 47.75" wide x 67.63" high x 25.88" deep in the lower 26.00" of height and 12.00" deep in the remaining upper section of the compartment. The clear door opening will be a minimum of 44.75" wide x 57.88" high. Clearwater Fire & Rescue Velocity Pumper FY2021 79 of 118 The interior height of the compartments will be measured from the compartment floor to the ceiling. The spool of the rollup door at the top of the compartment takes up some usable space. The depth of the compartments will be measured from the back wall to the inside of the door frame. Closing of the door will not require releasing, unlocking, or unlatching any mechanism and will easily be accomplished with one hand. SIDE COMPARTMENT ROLLUP DOOR(S) There will be six (6) compartment doors installed on the side compartments. The doors will be double faced aluminum construction, painted one (1) color to match the lower portion of the body and manufactured by Gortite®. Lath sections will be an interlocking rib design and will be individually replaceable without complete disassembly of door. Between each slat at the pivoting joint will be a PVC inner seal to prevent metal to metal contact and prevent dirt or moisture from entering the compartments. Seals will allow door to operate in extreme temperatures ranging from 180 to -40 degrees Fahrenheit. Side, top and bottom seals will be provided to resist ingress of dirt and weather and be made of Santoprene. All hinges, barrel clips and end pieces will be nylon 66. All nylon components will withstand temperatures from 300 to -40 degrees Fahrenheit. A polished stainless steel lift bar to be provided for each roll-up door. Lift bar will be located at the bottom of door and have latches on the outer extrusion of the doors frame. A ledge will be supplied over lift bar for additional area to aid in closing the door. Clearwater Fire & Rescue Velocity Pumper FY2021 80 of 118 Doors will be constructed from an aluminum box section. The exterior surface of each slat will be flat. The interior surfaces will be concave to provide strength and prevent loose equipment from jamming the door from inside. To conserve space in the compartments, the spring roller assembly will not exceed 3.00" in diameter. The header for the rollup door assembly will not exceed 4.00". A heavy-duty magnetic switch will be used for control of open compartment door warning lights. REAR COMPARTMENTATION A roll-up door compartment above the rear tailboard will be provided. The interior dimensions of this compartment will be 40.00" wide x 33.63" high x 25.88" deep. The interior height of the compartments will be measured from the compartment floor to the ceiling. The spool of the rollup door at the top of the compartment takes up some usable space. The depth of the compartments will be measured from the back wall to the inside of the door frame. A louvered, removable access panel will be furnished on the back wall of the compartment. The rear compartment will be open into the rear side compartments. The clear door opening of this compartment will be a minimum of 33.25" wide x 23.88" high. Closing of the door will not require releasing, unlocking, or unlatching any mechanism and will easily be accomplished with one hand. ROLLUP REAR COMPARTMENT DOOR There will be a rear rollup door. The door will be double faced aluminum construction, an anodized satin finish and manufactured by Gortite®. Lath sections will be an interlocking rib design and will be individually replaceable without complete disassembly of door. Between each slat at the pivoting joint will be a PVC inner seal to prevent metal to metal contact and prevent dirt or moisture from entering the compartments. Seals will allow door to operate in extreme temperatures ranging from 180 to -40 degrees Fahrenheit. Side, top and bottom seals will be provided to resist ingress of dirt and weather and be made of Santoprene. All hinges, barrel clips and end pieces will be nylon 66. All nylon components will withstand temperatures from 300 to -40 degrees Fahrenheit. A polished stainless steel lift bar to be provided for each roll-up door. Lift bar will be located at the bottom of door and have latches on the outer extrusion of the doors frame. A ledge will be supplied over lift bar for additional area to aid in closing the door. Door will be constructed from an aluminum box section. The exterior surface of each slat will be flat. The interior surface will be concave to provide strength and prevent loose equipment from jamming the door from inside. Clearwater Fire & Rescue Velocity Pumper FY2021 81 of 118 To conserve space in the compartments, the spring roller assembly will not exceed 3.00" in diameter. The header for the rollup door assembly will not exceed 4.00". A heavy-duty magnetic switch will be used for control of open compartment door warning lights. SCUFFPLATE A brushed stainless steel scuffplate shall installed on the sides of the hosebed area both sides and front. This scuffplate shall cover from the top flange of the hosebed area down to the hosebed grating. The scuffplate shall be fastened with self tapping screws. SCUFFPLATE A stainless steel scuffplate will be furnished. The scuffplate will be installed and wrap the corners of the inside edge of the offset rear ladder rack arm on the hose bed edge. SCUFFPLATE A pair of polished stainless steel scuffplates will be furnished full height each side of the rear outer corners of the body. STAINLESS STEEL "D" LATCH GUARD There will be two (2) brushed stainless steel "D"-latch guard(s), to protect the back side of the latch handle, within a specified access door. Each guard will utilize existing fasteners and fastener holes to secure over in inside of the access door. A guard will be installed Each door at pump panel next to crosslays Mount on inside of slam latch so back boards cannot hit lock and unlock. DOOR GUARD There will be seven (7) compartment doors that will include a guard/drip pan designed to protect the roll-up door from damage when in the retracted position and contain any water spray. The guard will be fabricated from stainless steel and installed all body compartment doors. COMPARTMENT LIGHTING There will be five (5) compartment(s) with two (2) white 12 volt DC LED compartment light strips. The dual light strips will be centered vertically along each side of the door framing. There will be two (2) light strips per compartment. The dual light strips will be in D1, D3, P1, P3 and R1 compartment(s). Any remaining compartments without light strips will have a 6.00" diameter Truck-Lite, Model: 79384 light. Each light will have a number 1076 one filament, two wire bulb. Opening the compartment door will automatically turn the compartment lighting on. COMPARTMENT LIGHTING, ADDITIONAL There will be two (2) Pierce LED strip light(s) provided in the compartment(s) located P2 and D2 mounted horizontal on ceiling. Each light will be 54.00" in length. Opening the compartment door(s) will automatically turn the compartment lighting on. Clearwater Fire & Rescue Velocity Pumper FY2021 82 of 118 MOUNTING TRACKS There will be one (1) set of tracks for mounting shelf(s) in RS3. These tracks will be installed vertically to support the adjustable shelf(s), and will be full height of the compartment. The tracks will be painted to match the compartment interior. ADJUSTABLE SHELVES There will be one (1) shelf with a capacity of 500 lb provided. The shelf construction will consist of .188" aluminum painted nightspots with 2.00" sides. Each shelf will be infinitely adjustable by means of a threaded fastener, which slides in a track. The shelves will be held in place by .12" thick stamped plated brackets and bolts. The location(s) will be in RS3 centered between the floor and the ceiling. BACKBOARD STORAGE A transverse area over the pump and rearward of the crosslays will hold backboards. A blister will be supplied at each side to enclose the backboards due to their length. The backboards will be accessible from either side of the vehicle through the polished stainless steel door(s). The size of the backboard(s) to be stored will be 3 x 18 x 72 . COMPARTMENT GRATING Aluminum grating will be provided in one (1) compartments. The locations are LS3. Grating slats will be 4.50" x .50" corrugated aluminum extrusion with spacing provided for aeration. EQUIPMENT MOUNTING Pac Trac equipment mounting system will be installed on the walls of three (3) compartment(s), rear upper tank wall of RS2, LS1, and LS3. HIGH RISE PACK CURVED MOUNT(S) There will be a quantity of two (2) curved mount(s) provided to hang a high rise pack on the rear wall of RS1 compartment(s). The mount will be a half moon shape with the ends curving down. The diameter of the curve will be 7.25" by 3" high. See sketch in job e-folders 24136. .The mount will extend 9.25" out from the mounting plate at an approximate 5 degree angle upward to help prevent the pack from sliding off the mount. The compartment wall will be reinforced to prevent wall distortion. The mount(s) will be positioned Match 29715 - the mounts will be positioned 49.25" off the compartment floor to the top of curve. One (1) bracket to be 11" to center of bracket off rear wall and one (1) 31" to center off rear wall. See photo in job e-folders 24136. on the rear wall. Clearwater Fire & Rescue Velocity Pumper FY2021 83 of 118 RUB RAIL Bottom edge of the side compartments will be trimmed with a bright aluminum extruded rub rail. Trim will be 2.12" high with 1.38" flanges turned outward for rigidity. The rub rails will not be an integral part of the body construction, which allows replacement in the event of damage. BODY FENDER CROWNS Polished stainless steel fender crowns will be provided around the rear wheel openings with a dielectric barrier will be provided between the fender crown and the fender sheet metal to prevent corrosion. The fender crowns will be held in place with stainless steel screws that thread directly into a composite nut and not directly into the parent body sheet metal to eliminate dissimilar metals contact and greatly reduce the chance for corrosion. Rubber welting will be provided between the body and crown. BODY FENDER LINER A painted fender liner will be provided. The liners will be removable to aid in the maintenance of rear suspension components. HARD SUCTION HOSE Hard suction hose will not be required. HANDRAILS The handrails will be Hansen LED backlit knurled aluminum. The handrails will be lit with a red LED light. The handrails will be activated by the same means as the cab handrail light controls. Chrome plated end stanchions will support the handrail. Plastic gaskets will be used between end stanchions and any painted surfaces. Drain holes will be provided in the bottom of all vertically mounted handrails. Handrails will be provided to meet NFPA 1901 section 15.8 requirements. The handrails will be installed as noted on the sales drawing. HANDRAILS One (1) Hansen, LED lit, knurled aluminum vertical will be located on the right side rear beavertail. The handrail will be lit with a red LED light. The hand rail will be activated with the application of the parking brake. • One (1) horizontal handrail will be provided above the hose bed at the rear of the apparatus. This handrail will be Hansen knurled aluminum. • Two (2) horizontal handrail will be provided below the hose bed at the rear of the apparatus. The handrails below the hose bed will be Hansen LED backlit knurled aluminum. The handrails will be lit with a red LED light. The handrails will be activated by the same means as the cab handrail light controls. Clearwater Fire & Rescue Velocity Pumper FY2021 84 of 118 AIR BOTTLE STORAGE (DOUBLE) A total of one (1) air bottle compartment will be provided. The air bottle compartment(s) will be located RS rear fender. Each air bottle compartment will be of adequate size to accommodate two (2) air bottles vertically. Flooring will be rubber lined and furnished with a drain hole. A stainless steel, door with a SouthCo C2 latch will be provided to contain the air bottles. A dielectric barrier will be provided between the door hinge, hinge fasteners and the body sheet metal. AIR BOTTLE STORAGE (DOUBLE) A quantity of two (2) air bottle compartments, 15.25" wide x 7.75" tall x 26.00" deep, will be provided on the left side forward of the rear wheels and on the right side forward of the rear wheels . A polished stainless steel door with a Southco raised trigger C2 chrome lever latch will be provided to contain the air bottle. A dielectric barrier will be provided between the door hinge, hinge fasteners and the body sheet metal. Inside the compartment, black rubber matting and "W" shaped insert formed of composite materials will be provided. EXTENSION LADDER There will be a 24' two-section aluminum Duo-Safety Series 900-A extension ladder provided. ROOF LADDER There will be a 14' aluminum Duo-Safety Series 775-A roof ladder provided. HYDRAULIC LADDER RACK Ground ladders will be mounted above the left side of the hose body in a specially designed swing- down cradle. This cradle will be electric/hydraulic operated. The system design will have been life cycle tested for at least 14 years of dependable service. An independent hydraulic pump powered by a 12-volt electric motor will operate the hydraulics. The hydraulic pump and reservoir will be accessible from the ground through a stainless steel inspection door. The ladder rack will incorporate two hydraulic rotary actuators, one each located inside the front compartment and the rear compartment. The actuators will be completely enclosed within each compartment to eliminate any pinch points while operating the ladder rack. Lifting arms will be attached outside the compartment body to the front and rear actuator. The rack can be designed in certain situations to provide lifting capabilities up to 500 lb. The maximum height of the rack from the ground in the lowered position will be no more than 47.00". The electric control panel will have a master switch on/off switch, an actuation switch, an operation indicator light and operation instructions. The electric controls will be located in such a manner to allow the operator full view of the area into which the ladders will be lowered. Two (2) air operated safety locks will be furnished to securely maintain the ladder bracket assembly in the travel position. These air operated safety locks will be controlled from the ladder rack control panel. Clearwater Fire & Rescue Velocity Pumper FY2021 85 of 118 A polished stainless steel enclosure shall be provided over the hydraulic ladder rack locks at the front and rear on the left side to cover the ladder rack locks (2) and provide mounting for any rear warning lights. Ladders will be secured to the brackets with two (2) locks retaining the roof ladder and the extension ladder. The locks will be such that when the roof ladder is removed, the clamps can be moved a half turn to hold the extension ladder in place. LADDER RACK INTERLOCK AND NOT STOWED INDICATOR LIGHT An interlock will be provided to prevent operation of the ladder rack unless the apparatus parking brake has been activated. A steady red indicator light will be located on the cab instrument panel and illuminated when the hydraulic ladder rack is not in the stowed position. The light will be labeled "Ladder Rack". In addition, the "Do Not Move Apparatus" light located in the cab will be activated when the hydraulic ladder rack is not in the stowed position. HYDRAULIC LADDER RACK DEPLOYED LIGHTS There will be two (2) Truck-Lite catalog number 15***, 1.20" high x 2.49" wide x 0.94" deep lights with chrome trim, amber flashing LEDs and,provided per the following: • One (1) light installed on the front of the hydraulic ladder rack • One (1) light installed on the rear of the hydraulic ladder rack • The warning light lens color(s) to be clear The lights will be activated when the battery switch is on and the hydraulic ladder rack is not in the stowed position. FOLDING LADDER One (1) 10.00' aluminum, Series 585-A, Duo-Safety folding ladder will be installed on the left side hydraulic ladder rack . The rear hydraulic rack arm will have an offset to not block the rear upper zone warning lights. LADDER, MOUNTING, 2000 RACK, SPECIAL ARRANGEMENT They want the 14' ladder to load first so the first one off will be the 24' PIKE POLE PROVIDED BY FIRE DEPARTMENT NFPA 1901, 2016 edition, Section 5.9.4 requires one (1) 8 ft or longer pike pole mounted in a bracket fastened to the apparatus. The pike pole is not on the apparatus as manufactured. The fire department will provide and mount the pike pole. The pike pole(s) will be a Fire Hooks Unlimited 10' New York roof hook. Clearwater Fire & Rescue Velocity Pumper FY2021 86 of 118 6' PIKE POLE PROVIDED BY FIRE DEPARTMENT NFPA 1901, 2016 edition, Section 5.9.4 requires one (1) 6' pike pole or plaster hook mounted in a bracket fastened to the apparatus. The pike pole is not on the apparatus as manufactured. The fire department will provide and mount the pike pole. The pike pole(s) will be a Fire Hooks Unlimited 6 foot roof hook. PIKE POLE STORAGE Aluminum tubing will be used for the storage of two (2) pike poles and will be located on the hydraulic ladder rack. If the head of a pike pole can come in contact with a painted surface, a stainless steel scuffplate will be provided. The pike pole tube will be notched to allow a New York style pike pole to fit into the tube. FOLDING STEPS FRONT OF BODY Folding steps will be provided full height on the right side body compartments to provide access to the cargo bed. Steps will be spaced evenly on the sales drawing. Actual quantity may vary due to pump panel interferences but will meet the NFPA required maximum stepping height. The Trident steps will be bright finished, non-skid with a luminescent coating that is rechargeable from any light source and can hold a charge for up to 24 hours. The step will incorporate an LED light to illuminate the stepping surface. The steps can be used as a hand hold with two openings wide enough for a gloved hand. REAR FOLDING STEPS Bright finished, non-skid folding steps with a luminescent coating that is rechargeable from any light source and can hold a charge for up to 24 hours will be provided at the rear. Each step will incorporate an LED light to illuminate the stepping surface. The steps can be used as a hand hold with two openings wide enough for a gloved hand. PUMP Pump will be a Waterous CSU, 1500 gpm single (1) stage midship mounted centrifugal type. Pump will be the class "A" type. Pump will deliver the percentage of rated discharge at pressures indicated below: - 100% of rated capacity at 150 psi net pump pressure. -70% of rated capacity at 200 psi net pump pressure. -50% of rated capacity at 250 psi net pump pressure. Pump body will be close-grained gray iron, bronze fitted, and horizontally split in two (2) sections for easy removal of the entire impeller shaft assembly (including wear rings). Clearwater Fire & Rescue Velocity Pumper FY2021 87 of 118 Pump will be designed for complete servicing from the bottom of the truck, without disturbing the pump setting or apparatus piping. Pump case halves will be bolted together on a single horizontal face to minimize chance of leakage and facilitate ease of reassembly. No end flanges will be used. Discharge manifold of the pump will be cast as an integral part of the pump body assembly and will provide a minimum of three (3) 3.50" openings for flexibility in providing various discharge outlets for maximum efficiency. The three (3) 3.50" openings will be located as follows: one (1) outlet to the right of the pump, one (1) outlet to the left of the pump, and one (1) outlet directly on top of the discharge manifold. Impeller shaft will be stainless steel, accurately ground to size. It will be supported at each end by sealed, anti-friction ball bearings for rigid precise support. Impeller will have flame plated hubs assuring maximum pump life and efficiency despite any presence of abrasive matter in the water supply. Bearings will be protected from water and sediment by suitable stuffing boxes, flinger rings, and oil seals. No special or sleeve type bearings will be used. PUMP PACKING Stuffing boxes will be of the conventional two (2) piece, split-gland type, to permit adjustment or replacement of Grafoil packing without disturbing the pump. Water will be fed into stuffing box lantern rings for proper lubrication and cooling when the pump is operating. Lantern rings will be located at the inner ends of the stuffing boxes, to avoid having to remove them when replacing pump packing. Wear rings will be bronze and easily replaceable to restore original pump efficiency and eliminate the need to replace the entire pump casing due to wear. PUMP TRANSMISSION The pump transmission will be made of a three (3) piece, aluminum, horizontally split casing. Power transfer to pump will be through a high strength Morse HY-VO silent drive chain. By the use of a chain rather than gears, 50% of the sprocket will be accepting or transmitting torque, compared to two (2) or three (3) teeth doing all the work. Drive shafts will be 2.35" diameter hardened and ground alloy steel and supported by ball bearings. The case will be designed to eliminate the need for water cooling. PUMPING MODE An interlock system will be provided to ensure that the pump drive system components are properly engaged so that the apparatus can be safely operated. The interlock system will be designed to allow stationary pumping only. Clearwater Fire & Rescue Velocity Pumper FY2021 88 of 118 AIR PUMP SHIFT Pump shift engagement will be made by a two (2) position sliding collar, actuated pneumatically (by air pressure), with a three (3) position air control switch located in the cab. A manual back-up shift control will also be located on the left side pump panel. Two (2) indicator lights will be provided adjacent to the pump shift inside the cab. One (1) green light will indicate the pump shift has been completed and be labeled "pump engaged". The second green light will indicate when the pump has been engaged, and that the chassis transmission is in pump gear. This indicator light will be labeled "OK to pump". The pump shift will be interlocked to prevent the pump from being shifted out of gear when the chassis transmission is in gear to meet NFPA requirements. The pump shift control in the cab will be illuminated to meet NFPA requirements. TRANSMISSION LOCK-UP The direct gear transmission lock-up for the fire pump operation will engage automatically when the pump shift control in the cab is activated. AUXILIARY COOLING SYSTEM A supplementary heat exchange cooling system will be provided to allow the use of water from the discharge side of the pump for cooling the engine water. The heat exchanger will be cylindrical type and will be a separate unit. The heat exchanger will be installed in the pump or engine compartment with the control located on the pump operator's control panel. Exchanger will be plumbed to the master drain valve. INTAKE RELIEF VALVE A Task Force Tips A18 series relief valve will be installed on the suction side of the pump preset at 125 psig . The relief valve will have a working range of 90 psi to 300 psi. The pressure relief valve control will be located behind an access door at the right side pump panel. The outlet will terminate below the frame rails with a 2.50" National Standard hose thread adapter and will have a "do not cap" warning tag. PRESSURE GOVERNOR This apparatus will be equipped with a Class1 "Total Pressure Governor" engine/pump governor/throttle system that is connected directly to the Electronic Control Module (ECM) mounted on the engine. The "Total Pressure Governor" is to operate as a pressure sensor (regulating) governor (PSG). A special preset feature will permit a predetermined pressure of RPM to be set. The preset pressure or RPM will be displayed on the message display of the "Total Pressure Governor". The preset will be easily adjustable by the operator Clearwater Fire & Rescue Velocity Pumper FY2021 89 of 118 The pressure sensor governor system will be operable only after the vehicle parking brake has been set, the transmission is the pumping mode, and the fire pump has been engaged. The pressure sensor governor system will have two (2) modes of operation: pressure mode or rpm mode. When in the pressure mode, the PSG system will automatically maintain the discharge pressure set by the operator regardless of flow (within engine/pump operating capabilities). In the rpm mode, the PSG system will automatically maintain a set engine speed, regardless of engine load (within engine operation capabilities). A pump cavitation protection feature will be provided which will return the engine to idle should the pump cavitate. The pressure controller will incorporate monitoring for engine coolant temperature, oil pressure, and battery voltage. PRIMER SYSTEM A Waterous electric pump priming system conforming to standards outlined in the current edition of NFPA 1901 will be furnished with the apparatus. One (1) VPO electric motor driven rotary vane primer will be provided. One (1) VAP vacuum activated priming valve will be plumbed main pump. One (1) momentary push-button control will be located at the pump operator's panel. The push button control system control will operate an electric priming motor and the priming valve will automatically open during priming and close when the primer is deactivated. PUMP MANUALS There will be a total of two (2) pump manuals provided by the pump manufacturer and furnished with the apparatus. The manuals will be provided by the pump manufacturer in the form of two (2) electronic copies. Each manual will cover pump operation, maintenance, and parts. PLUMBING, STAINLESS STEEL AND HOSE All inlet and outlet lines will be plumbed with either stainless steel pipe, flexible polypropylene tubing or synthetic rubber hose reinforced with hi-tensile polyester braid. All hose's will be equipped with brass or stainless steel couplings. All stainless steel hard plumbing will be a minimum of a schedule 10 wall thickness. Where vibration or chassis flexing may damage or loosen piping or where a coupling is required for servicing, the piping will be equipped with victaulic or rubber couplings. Plumbing manifold bodies will be ductile cast iron or stainless steel. All piping lines are to be drained through a master drain valve or will be equipped with individual drain valves. All drain lines will be extended with a hose to drain below the chassis frame. Clearwater Fire & Rescue Velocity Pumper FY2021 90 of 118 All water carrying gauge lines will be of flexible polypropylene tubing. All piping, hose and fittings will have a minimum of a 500 PSI hydrodynamic pressure rating. FOAM SYSTEM PLUMBING All piping that is in contact with the foam concentrate or foam/water solution will be stainless steel. The fittings will be stainless steel or brass. Cast iron pump manifolds will be allowed. MAIN PUMP INLETS A 6.00" pump manifold inlet will be provided on each side of the vehicle. The suction inlets will include removable die cast zinc screens that are designed to provide cathodic protection for the pump, thus reducing corrosion in the pump. MAIN PUMP INLET CAP The main pump inlets will have National Standard Threads with a long handle chrome cap. The cap will be the Pierce VLH, which incorporates an exclusive thread design to automatically relieve stored pressure in the line when disconnected. VALVES All ball valves will be Akron® Brass. The Akron valves will be the 8000 series heavy-duty style with a stainless steel ball and a simple two-seat design. No lubrication or regular maintenance is required on the valve. Valves will have a ten (10) year warranty. LEFT SIDE INLET There will be one (1) auxiliary inlet with a 2.50" valve at the left side pump panel, terminating with a 2.50" (F) National Standard hose thread adapter. The auxiliary inlet will be provided with a strainer, chrome swivel and plug. RIGHT SIDE INLET There will be one (1) auxiliary inlet with a 2.50" valve at the right side pump panel, terminating with a 2.50" (F) National Standard hose thread adapter. The auxiliary inlet will be provided with a strainer, chrome swivel and plug. The location of the valve for the two (2) inlets will be behind the pump panel. INLET CONTROL The side auxiliary inlet(s) will incorporate a quarter-turn ball valve with the control located at the inlet valve. The valve operating mechanism will indicate the position of the valve. FRONT INLET A 6.00" inlet front inlet with die cast zinc screens will be provided using 5.00" stainless steel pipe and a 5.00" butterfly valve. Only radiused elbows will be used in the piping, no mitered joints. Clearwater Fire & Rescue Velocity Pumper FY2021 91 of 118 Drains are furnished in all the low points of piping and have .75" valves with swing handle. A bleeder valve will be located at the threaded connection. The front suction will be located on the right side of the bumper extension. FRONT INLET CONTROL The front inlet will be gated with the control located at the pump operator's panel. The valve operating mechanism will indicate the position of the valve or an indicator will be provided to show when the valve is closed. There will be an electric valve controller provided. The control will be momentary to allow the valve to be gated for ease of operation. Indicator lights will be provided to show if the valve is open or closed. FRONT INLET INTAKE RELIEF VALVE An Task Force Tips (TFT) model A1860 intake pressure relief valve will be provided on the inlet side of the valve preset at 125 psig . The pressure relief valve will be adjustable from 90 to 300 psi. The outlet will be 2.50" National Standard hose thread and terminate below the frame rails and will have a "do not cap" warning tag near the discharge outlet. FRONT INLET CAP The front inlet will have National Standard hose threads with a long handle cap. The cap will incorporate a thread design to automatically relieve stored pressure in the line when disconnected. The cap will be fabricated from brass material. FRONT INLET ELBOW The front inlet will have a 6.00" swivel with National Standard hose threads and a long handle chromed plated cap. The swivel will have a smooth surface chrome finish. A quarter-turn style of bleeder bleeder will be provided on the front inlet elbow. CLEARANCE, FRONT SUCTION The front suction from the front axle forward to the bumper will be designed for maximum ground clearance. INLET BLEEDER VALVE A 0.75" bleeder valve will be provided for each side gated inlet. The valves will be located behind the panel with a swing style handle control extended to the outside of the panel. The handles will be chrome plated and provide a visual indication of valve position. The swing handle will provide an ergonomic position for operating the valve without twisting the wrist and provides excellent leverage. The water discharged by the bleeders will be routed below the chassis frame rails. Clearwater Fire & Rescue Velocity Pumper FY2021 92 of 118 TANK TO PUMP The booster tank will be connected to the intake side of the pump with stainless steel piping and a quarter turn 3.00" full flow line valve with the control remotely located at the operator's panel. Tank to pump line will run straight (no elbows) from the pump into the front face of the water tank and angle down into the tank sump. A rubber coupling will be included in this line to prevent damage from vibration or chassis flexing. A check valve will be provided in the tank to pump supply line to prevent the possibility of "back filling" the water tank. TANK REFILL A 1.50" combination tank refill and pump re-circulation line will be provided, using a quarter-turn full flow ball valve controlled from the pump operator's panel. LEFT SIDE DISCHARGE OUTLETS There will be Two (2) discharge outlets with a 2.50" valve on the left side of the apparatus, terminating with a 2.50" (M) National Standard hose thread adapter. RIGHT SIDE DISCHARGE OUTLETS There will be One (1) discharge outlet with a 2.50" valve on the right side of the apparatus, terminating with a 2.50" (M) National Standard hose thread adapter. There will be One (1) discharge outlet with a 3.00" valve on the right side of the apparatus, terminating with a 3.00" (M) National Standard hose thread adapter. The outlet will be controlled by a handwheel control located at the pump operator's panel. An indicator will be provided to show the position of the valve. FRONT DISCHARGE OUTLET There will be one (1) 1.50" discharge outlet piped to the front of the apparatus and located on the top of the left side of the front bumper. Plumbing will consist of 2.00" piping and flexible hose with a 2.00" ball valve with control at the pump operator's panel. A fabricated weldment made of stainless steel pipe will be used in the plumbing where appropriate. The piping will terminate with a 1.50" NST with 90 degree stainless steel swivel. There will be automatic drains provided at all low points of the piping. FRONT OUTLET RAISED The front outlet will be raised so the swivel clears the raised hose storage tray(s). The outlet will be installed on a bright aluminum treadplate box. REAR DISCHARGE OUTLET There will be Two (2) discharge outlets piped to the rear of the hose bed, left side, installed so proper clearance is provided for spanner wrenches or adapters. Plumbing will consist of 2.50" piping along with a 2.50" full flow ball valve with the control from the pump operator's panel. Clearwater Fire & Rescue Velocity Pumper FY2021 93 of 118 DISCHARGE OUTLET (REAR) There will be Two (2) discharge outlets piped to the rear of the hose bed. PS Proper clearance will be provided for spanner wrenches or adapters. Plumbing will consist of 2.00" piping along with a 2.00" full flow ball valve with the control from the pump operator's panel. The Two (2) discharge outlets will terminate with a 1.50" male National Standard hose thread male adapter. DISCHARGE CAPS/ INLET PLUGS Chrome plated, rocker lug, caps with chain will be furnished for all discharge outlets 1.00" thru 3.00" in size, besides the pre-connected hose outlets. Chrome plated, rocker lug, plugs with chain will be furnished for all auxiliary inlets 1.00" thru 3.00" in size. The caps and plugs will incorporate a thread design to automatically relieve stored pressure in the line when disconnected. OUTLET BLEEDER VALVE A 0.75" bleeder valve will be provided for each outlet 1.50" or larger. Automatic drain valves are acceptable with some outlets if deemed appropriate with the application. The valves will be located behind the panel with a swing style handle control extended to the outside of the side pump panel. The handles will be chrome plated and provide a visual indication of valve position. The swing handle will provide an ergonomic position for operating the valve without twisting the wrist and provides excellent leverage. Bleeders will be located at the bottom of the pump panel. They will be properly labeled identifying the discharge they are plumbed in to. The water discharged by the bleeders will be routed below the chassis frame rails. LEFT SIDE OUTLET ELBOWS The 2.50" discharge outlets located on the left side pump panel will be furnished with a 2.50" (F) National Standard hose thread x 2.50" (M) National Standard hose thread, chrome plated, 45 degree elbow. The elbow will be Pierce VLH, which incorporates an exclusive thread design to automatically relieve stored pressure in the line when disconnected. RIGHT SIDE OUTLET ELBOWS The 2.50" discharge outlets located on the right side pump panel will be furnished with a 2.50" (F) National Standard hose thread x 2.50" (M) National Standard hose thread, chrome plated, 45 degree elbow. The elbow will be Pierce VLH, which incorporates an exclusive thread design to automatically relieve stored pressure in the line when disconnected. ADDITIONAL RIGHT SIDE OUTLET ELBOWS The 3.00" discharge outlets, located on the right side pump panel, will be furnished with a 3.00" (F) National Standard hose thread x 3.00" (M) National Standard hose thread, chrome plated, 45 degree elbow. Clearwater Fire & Rescue Velocity Pumper FY2021 94 of 118 The elbow will be the Pierce VLH, which incorporates an exclusive thread design to automatically relieve stored pressure in the line when disconnected. REAR OUTLET ELBOWS PROVIDED BY FIRE DEPARTMENT NFPA 1901, 2016 edition, section 16.7.7 requires any 2.00" or larger discharge outlet that is located more than 42.00" off the ground and to which hose is to be connected and that is not in a hose storage area will be supplied with a sweep elbow of at least 30 degrees downward. NFPA 1901, 2016 edition, section 16.7.4 requires all discharge outlet connections, except connections to which a hose will be pre-connected, will be equipped with caps or closures capable of withstanding a hydrostatic gauge pressure of 100 psi over the maximum pump close-off pressure or 500 psi, whichever is greater. The elbow(s) and cap are not on the apparatus as manufactured. The fire department will provide the elbow(s) and cap. DISCHARGE OUTLET CONTROLS The discharge outlets will incorporate a quarter-turn ball valve with the control located at the pump operator's panel. The valve operating mechanism will indicate the position of the valve. If a handwheel control valve is used, the control will be a minimum of a 3.9" diameter stainless steel handwheel with a dial position indicator built in to the center of the handwheel. Any 3.00 inch or larger discharge valve will be a slow-operating valve in accordance with NFPA 16.7.5.3. DELUGE RISER A 3.00" deluge riser will be installed above the pump in such a manner that a monitor can be mounted and used effectively. Piping will be rigidly braced and installed securely so no movement develops when the line is charged. The riser will be gated and controlled at the pump operator's panel with a handwheel control. TELESCOPIC PIPING The deluge riser piping will include a 18.00" Task Force Model XG18 Extend-A-Gun extension. This extension will be telescopic to allow the deluge gun to be raised 18.00" increasing the range of operation. A position sensor will be provided on the telescopic piping that will activate the "do not move vehicle" light inside the cab when the monitor is in the raised position. MONITOR A customer/dealer supplied and installed make and model TFT Crossfire ?? monitor will be properly installed on the deluge riser. The deluge riser Extend-a-Gun will have provisions for direct mounting a Task Force Tips CrossFire monitor. Clearwater Fire & Rescue Velocity Pumper FY2021 95 of 118 CROSSLAY HOSE BEDS Two (2) crosslays with 1.50" outlets will be provided. Each bed to be capable of carrying 200' of 1.75" double jacketed hose and will be plumbed with 2.00" i.d. pipe and gated with a 2.00" quarter turn ball valve. Outlets to be equipped with a 1.50" National Standard hose thread 90 degree swivel located in the hose bed so that hose may be removed from either side of apparatus. The crosslay controls will be at the pump operator's panel. The center crosslay dividers will be fabricated of 0.25" aluminum and will provide adjustment from side to side. The divider will be unpainted with a brushed finish. Vertical scuffplates constructed of stainless steel will be provided at the front and rear ends of the bed on each side of vehicle. Crosslay bed flooring will consist of removable perforated brushed aluminum. CROSSLAY/DEADLAY HOSE RESTRAINT Elastic netting will be provided across the top and ends of one (1) crosslay/deadlay opening(s) to secure the hose during travel. The netting will be permanently attached at the top center of the crosslay/deadlay bed and removable on each end. CROSSLAY 6.00" LOWER THAN STD The crosslays will be lowered 6.00" from standard. CROSSLAY WALL SCUFFPLATES two (2) walls, within the crosslay area, will be covered with a brushed stainless steel scuffplate. The scuffplates will be on the painted surfaces of the crosslays. FOAM SYSTEM An Akron, Model 3126, foam eductor, with a capacity for 125 gpm, will be installed on the discharge side of the pump. Foam eductor will have a ball-type check valve to prevent water flow back into the foam agent line. Foam eductor will have a quarter-turn ball valve, for alternation between the bypass and the eductor. The foam system will be a single agent system capable of handling class A foam concentrates as well as most class B foam concentrates. The foam eductor will be plumbed to the Forward crosslay discharge. Controls for the foam system will be located on the pump operator's panel and labeled with red tags for easy identification. The controls for the eductor, foam supply, and the flush will be electric over pneumatic to allow for an ergonomically designed control panel and simplified operation. Provided with the system will be an instruction plate and plumbing schematic. Push/pull handles for the foam system will be labeled with red tags for easy identification. Clearwater Fire & Rescue Velocity Pumper FY2021 96 of 118 All piping coming in direct contact with the foam concentrate will be immune to the concentrate, so deterioration of the plumbing will be avoided. This system will have a bypass eductor type foam, with a rated capacity of 125 gpm at .25 percent .5 percent, 1 percent, 3 percent, and 6 percent. Foam system operational considerations: 200 psi eductor inlet pressure will be required for proper operation. FOAM TANK The foam tank will be an integral portion of the polypropylene water tank. The cell will have a capacity of 40 gallons of foam with the intended use of Class A foam. The brand of foam stored in this tank will be national. The foam cell will not reduce the capacity of the water tank. The foam cell will have a screen in the fill dome and a breather in the lid. FOAM TANK DRAIN The foam tank drain will be a 1.00" drain valve located inside the pump compartment accessible through a door on the right side pump panel. COLOR CODED TAGS A detailed drawing/chart of the colors used on all of the inlet(s) and outlet(s) will be provided for the customer to review. The customer will be allowed to make changes and/or mark-ups to this approval drawing/chart. The fire apparatus manufacturer will make revisions (If needed) to the drawing per the customer changes and/or mark-ups as long as the changes are physically possible within a specific product line. The finalized and signed customer approved drawing/chart of the colors will become part of the contract documents. SPECIAL TEXT/VERBIAGE TAGS A detailed drawing/chart of the text/verbiage used on all of the inlet(s) and outlet(s) will be provided for the customer to review. The customer will be allowed to make changes and/or mark-ups to this approval drawing/chart. The fire apparatus manufacturer will make revisions (If needed) to the drawing per the customer changes and/or mark-ups as long as the changes are physically possible within a specific product line. The finalized and signed customer approved drawing/chart of the text/verbiage will become part of the contract documents. PUMP COMPARTMENT The pump compartment will be separate from the hose body and compartments so that each may flex independently of the other. It will be a fabricated assembly of steel tubing, angles and channels which supports both the fire pump and the side running boards. The pump compartment will be mounted on the chassis frame rails with rubber biscuits in a four point pattern to allow for chassis frame twist. Clearwater Fire & Rescue Velocity Pumper FY2021 97 of 118 Pump compartment, pump, plumbing and gauge panels will be removable from the chassis in a single assembly. PUMP CONTROL PANELS (SIDE CONTROL) All pump controls and gauges will be located at the left side of the apparatus and properly marked. The pump panel on the right side is removable with lift and turn type fasteners. The left side is fastened with screws. The control panels will be 45.00" wide. The gauge and control panels will be two (2) separate panels for ease of maintenance. Polished stainless steel trim collars will be installed around all inlets and outlets. All push/pull valve controls will have 1/4 turn locking control rods with polished chrome plated zinc tee handles. Guides for the push/pull control rods will be chrome plated zinc castings securely mounted to the pump panel. Push/pull valve controls will be capable of locking in any position. The control rods will pull straight out of the panel and will be equipped with universal joints to eliminate binding. The identification tag for each valve control will be recessed in the face of the tee handle. All discharge outlets will have color coded identification tags, with each discharge having its own unique color. Color coding will include the labeling of the outlet and the drain for each corresponding discharge. All line pressure gauges will be mounted in individual chrome plated castings with the identification tag recessed in the casting below the gauge. All remaining identification tags will be mounted on the pump panel in chrome plated bezels. Mounting of the castings and identification bezels will be done with a threaded peg cast on the back side of the bezel or screws. PUMP PANEL CONFIGURATION The pump panel configuration layout will be ergonomically efficient and systematically organized. PUMP AND GAUGE PANEL The pump and gauge panels will be constructed of aluminum with a black Line-X spray-on polyurethane/polyurea material finish. A polished aluminum trim molding will be provided around each panel. The right side pump panel will be removable and fastened with swell type fasteners. PUMP COMPARTMENT LIGHT A pump compartment light will be provided inside the right side pump enclosure and accessible through a door on the pump panel. A .125" weep hole will be provided in each light lens, preventing moisture retention. Engine monitoring graduated LED indicators will be incorporated with the pressure controller. Clearwater Fire & Rescue Velocity Pumper FY2021 98 of 118 Also provided at the pump panel will be the following: - Master Pump Drain Control THROTTLE READY GREEN INDICATOR LIGHT There will be a green indicator light integrated with the pressure governor and/or engine throttle installed on the pump operators panel that is activated when the pump is in throttle ready mode. OK TO PUMP INDICATOR LIGHT There will be a green indicator light installed on the pump operators panel that is activated when the pump is in Ok To Pump mode. AIR HORN BUTTON An air horn control button will be provided at the pump operator's control panel. This button will be red in color and properly labeled and put within easy reach of the operator. COMPRESSION FITTINGS All of the pump panel gauges will have brass compression fittings installed in place of the push to connect fittings. VACUUM AND PRESSURE GAUGES The pump vacuum and pressure gauges will be liquid filled and manufactured by Class 1 Incorporated ©. The gauges will be a minimum of 4.00" in diameter and will have white faces with black lettering, with a pressure range of 30.00"-0-600#. Gauge construction will include a Zytel nylon case with adhesive mounting gasket and threaded retaining nut. The pump pressure and vacuum gauges will be installed adjacent to each other at the pump operator's control panel. Test port connections will be provided at the pump operator's panel. One will be connected to the intake side of the pump, and the other to the discharge manifold of the pump. They will have 0.25 in. standard pipe thread connections and non-corrosive polished stainless steel or brass plugs. They will be marked with a label. This gauge will include a 10 year warranty against leakage, pointer defect, and defective bourdon tube. PRESSURE GAUGES The individual "line" pressure gauges for the discharges will be Class 1© interlube filled. They will be a minimum of 2.00" in diameter and have white faces with black lettering. Gauge construction will include a Zytel nylon case with adhesive mounting gasket and threaded retaining nut. Clearwater Fire & Rescue Velocity Pumper FY2021 99 of 118 Gauges will have a pressure range of 30"-0-400#. The individual pressure gauge will be installed as close to the outlet control as practical. This gauge will include a 10 year warranty against leakage, pointer defect, and defective bourdon tube. WATER LEVEL GAUGE A Fire Research TankVision Pro model WLA300-A00 water tank indicator gauge shall be installed on the pump operators panel. The gauge kit shall include an electronic indicator module, a pressure sensor, and a 10' sensor cable. The gauge shall show the volume of water in the tank on nine (9) easy to see super bright RGB LEDs. A wide view lens over the LEDs shall provide for a viewing angle of 180 degrees. The gauge case shall be waterproof, manufactured of Polycarbonate/Nylon material, and have a distinctive blue label. The program features shall be accessed from the front of the indicator module. The program shall support self-diagnostics capabilities, self-calibration, six (6) programmable colored light patterns to display tank volume, adjustable brightness control levels and a data link to connect remote indicators. Low water warnings shall include flashing LEDs at 1/4 tank and down chasing LEDs when the tank is almost empty. The gauge shall receive an input signal from an electronic pressure sensor. The sensor shall be mounted from the outside of the water tank near the bottom. No probe shall be placed on the interior of the tank. Wiring shall be weather resistant and have automotive type plug-in connectors. REMOTE LIGHT DRIVER A Fire Research TankVision model WLA290-A00 remote light driver shall be installed. The driver shall provide four (4) separate outputs to control additional water level lights around the apparatus. The lights shall show 1/4, 1/2, 3/4, and full tank. When power is applied the driver shall run a test and cycle each remote light on and off. When the tank is less than 1/4 full the 1/4 tank light shall blink. WATER LEVEL GAUGE There will be two (2) additional water level indicator(s), Whelen®, Model PSTANK2, LED module with chrome trim, installed one (1) each side rearward of crew cab doors. This light module(s) will include four (4) colored levels, and function similar to the water level indicator located at the operators panel: • First green module indicates a full water level • Second blue module indicates a water level above 3/4 full • Third amber module indicates a water level above 1/2 full • Last red module indicates a water level above 1/4 full and empty o Above 1/4 this light will be steady burning o At empty this light will be flashing Clearwater Fire & Rescue Velocity Pumper FY2021 100 of 118 The flash rate will be determined by the main water level tank sensor. This module will be activated when the ignition switch is activated. CLASS "A" FOAM LEVEL GAUGE A Fire Research TankVision Pro model WLA360-A00 cell/tank level indicator kit shall be installed on the pump operators panel. The kit will include an electronic indicator module, a pressure sensor, a 10' sensor cable and a tank vent. The indicator will show the volume of Class "A" foam concentrate in the cell/tank on nine (9) easy to see super bright RGB LEDs. A wide view lens over the LEDs will provide for a viewing angle of 180 degrees. The indicator case will be waterproof, manufactured of Polycarbonate/Nylon material and have a distinctive green label. The program features will be accessed from the front of the indicator module. The program will support self-diagnostics capabilities, self-calibration, six (6) programmable colored light patterns to display cell/tank volume, adjustable brightness control levels and a data link to connect remote indicators. Low foam level warnings will include flashing LEDs at 1/4 cell/tank and down chasing LEDs when the cell/tank is almost empty. The indicator will receive an input signal from an electronic pressure sensor. The sensor will be mounted from the outside of the foam cell/tank near the bottom. No probe will be placed on the interior of the cell/tank. Wiring will be weather resistant and have automotive type plug-in connectors. LIGHT SHIELD There will be a polished, 16 gauge stainless steel light shield installed over the pump operator's panel. • There will be 12 volt DC white LED lights installed under the stainless steel light shield to illuminate the controls, switches, essential instructions, gauges, and instruments necessary for the operation of the apparatus. These lights will be activated by the pump panel light switch. Additional lights will be included every 18.00" depending on the size of the pump house. • One (1) pump panel light will come on when the pump is in ok to pump mode. There will be a light activated above the pump panel light switch when the parking brake is set. This is to afford the operator some illumination when first approaching the control panel. ADDITIONAL STEP/LIGHT SHIELD There will be an additional aluminum treadplate stepping surface no less than 8.00" deep and properly reinforced to support a man's weight, installed over the driver's side pump panel. • There will be 12 volt DC white LED lights installed under the step to illuminate the controls, switches, essential instructions, gauges, and instruments necessary for the operation of the apparatus. These lights will be activated by the pump panel light switch. Additional lights will be included every 18.00" depending on the size of the pump house. There will be one (1) white LED, step light provided above the step. In order to ensure exceptional illumination, each step light will provide a minimum of 25 foot-candles (fc) covering an entire 15" x 15" square placed ten (10) inches below the light and a minimum of 1.5 fc covering an entire 30" x 30" Clearwater Fire & Rescue Velocity Pumper FY2021 101 of 118 square at the same ten (10) inch distance below the light. The step light will be activated by the pump panel light switch. ADDITIONAL STEP/LIGHT SHIELD There will be an additional aluminum treadplate stepping surface no less than 8.00" deep and properly reinforced to support a man's weight, installed over the passenger's side pump panel. • There will be 12 volt DC white LED lights installed under the step to illuminate the controls, switches, essential instructions, gauges, and instruments necessary for the operation of the apparatus. These lights will be activated by the pump panel light switch. Additional lights will be included every 18.00" depending on the size of the pump house. There will be one (1) white LED, step light provided above the step. In order to ensure exceptional illumination, each step light will provide a minimum of 25 foot-candles (fc) covering an entire 15.00" x 15.00" square placed 10.00" below the light and a minimum of 1.5 fc covering an entire 30.00" x 30.00" square at the same 10.00" distance below the light. The step light will be activated by the pump panel light switch. AIR HORN SYSTEM There will be two (2) Grover air horns recessed in the front bumper. The horn system will be piped to the air brake system wet tank utilizing 0.38" tubing. A pressure protection valve will be installed in-line to prevent loss of air in the air brake system. Air Horn Location The air horns will be located on each side of the bumper, inside of the frame rails. AIR HORN CONTROL The air horns will be actuated by a foot switch on the officer's side and by the horn button in the steering wheel. The driver will have the option to control the air horns or the chassis horns from the horn button by means of a selector switch located on the instrument panel. ELECTRONIC SIREN A Code 3®, Model 3692, electronic siren with noise canceling microphone will be provided. This siren to be active when the battery switch is on and the emergency master switch is on. Electronic siren head will be recessed in the passenger side inside switch panel. SIREN CONTROL The electronic siren will be controllable on the siren head and horn ring only. No foot switches will be required. The driver will have the option to control the siren or the chassis horns from the horn button by means of a selector switch located on the instrument panel. SPEAKER There will be one (1) Code 3®, Model PB100C, speaker with chrome finish provided. The speaker will be connected to the siren amplifier. Clearwater Fire & Rescue Velocity Pumper FY2021 102 of 118 The speaker will be recessed in the right side of the front bumper, towards the outside. AUXILIARY MECHANICAL SIREN There will be one (1) Federal, Model Q2B, mechanical siren furnished. The control solenoid will be powered up after the emergency master switch is activated and will be interlocked to the parking brake so that the siren cannot be accidentally activated when the parking brake is applied. The mechanical siren will be mounted on the bumper deck plate. It will be mounted on the left side. A reinforcement plate will be furnished to support the siren. MECHANICAL SIREN CONTROL The mechanical siren will be activated by the following: • Right side foot switch. • Steering wheel horn ring with horn/siren selector switch. A momentary red switch will be included in the left side overhead switch panel to activate the siren brake. A momentary chrome push button switch will be included in the right side dash panel to activate the siren brake. FRONT ZONE UPPER WARNING LIGHTS There will be one (1) 81.00" Whelen Freedom IV LED lightbar mounted on the cab roof. The lightbar will include the following: • One (1) red flashing LED module in the driver's side end position. • One (1) red flashing LED module in the driver's side front corner position. • One (1) red flashing LED module in the driver's side first front position. • One (1) red flashing LED module in the driver's side second front position. • One (1) white flashing LED module in the driver's side third front position. • One (1) red flashing LED module in the driver's side fourth front position. • One (1) red flashing LED module in the driver's side fifth front position. • One (1) red flashing LED module in the driver's side sixth front position. • One (1) 795 LED traffic light controller set to national standard high priority in the center positions. • One (1) red flashing LED module in the passenger's side sixth front position. • One (1) red flashing LED module in the passenger's side fifth front position. • One (1) red flashing LED module in the passenger's side fourth front position. • One (1) white flashing LED module in the passenger's side third front position. • One (1) red flashing LED module in the passenger's side second front position. • One (1) red flashing LED module in the passenger's side first front position. • One (1) red flashing LED module in the passenger's side front corner position. Clearwater Fire & Rescue Velocity Pumper FY2021 103 of 118 • One (1) red flashing LED module in the passenger's side end position. There will be clear lenses included on the lightbar. The following switches may be a installed in the cab on the switch panel to control the lightbar: • a switch to control the flashing LED modules. • the traffic light controller with the emergency master switch only. • no momentary switch to activate the traffic light controller. The white flashing LED modules and the traffic light controller will be disabled when the parking brake is applied. The ten (10) red flashing LED modules in the front positions may be load managed when the parking brake is applied. LIGHTBAR MOUNTING BRACKETS There will be a pair of lightbar mounting brackets that will move the lightbar forward of the normal position on the cab roof to allow additional lightbars to be mounted between the main lightbar and the raised roof. These brackets will be made of 12 gauge steel, and painted black. SIDE WARNING LIGHTS There will be two (2) 21.50" Whelen Freedom IV LED lightbars mounted on the roof, one (1) on each side, over the cab doors. The driver's side lightbar will include the following: • One (1) red flashing LED module in the outside end position. • One (1) red flashing LED module in the outside front corner position. • One (1) white flashing LED module in the outside front position. • One (1) red flashing LED module in the inside front position. • One (1) red flashing LED module in the inside front corner position. The passenger's side lightbar will include the following: • One (1) red flashing LED module in the inside front corner position. • One (1) red flashing LED module in the inside front position. • One (1) white flashing LED module in the outside front position. • One (1) red flashing LED module in the outside front corner position. • One (1) red flashing LED module in the outside end position. There will be clear lenses included on the lightbar. There will be a switch in the cab on the switch panel to control the lightbars. The white LED's will be disabled when the parking brake is applied. Clearwater Fire & Rescue Velocity Pumper FY2021 104 of 118 The two (2) red flashing LED modules in the inside front positions and the two (2) red flashing LED modules in the inside front corner positions may be load managed when the parking brake is applied. CAB FACE WARNING LIGHTS There will be four (4) Whelen®, Model C6L**, 5.12" high x 7.56" wide x 1.56" deep flashing LED warning lights installed on the cab face above the headlights, mounted in two (2) bezels similar to the headlights. • the driver's side front outside warning light to be red • the driver's side front inside warning light to be red • the passenger's side front inside warning light to be red • the passenger's side front outside warning light to be red • the warning light lens color(s) to be clear There will be a switch in the cab on the switch panel to control the lights. The inside lights will be controlled per the following: • white LEDs will be deactivated when the parking brake is applied • amber LEDs will be deactivated when the parking brake is released • amber, blue or red LEDs may be load managed when the parking brake is applied FRONT WARNING LIGHT There will be a Whelen Dominator, Model DP8, LED light bar mounted to the lower section of the front cab grille. The lightbar will include eight (8) LINZ6, red LED modules. The dimensions will be 30.36" long x 1.75" high x 2.18" deep. The light flash pattern will be controlled by an internal programmable flasher. The flash patter will be set to flash back and fourth. There will be a switch located in the cab on the switch panel to control the lightbar. This light may be load managed when the parking brake is set. FRONT WARNING FLASH PATTERN ADJUSTMENT The flash pattern of the front warning Whelen® Dominator lights will be adjusted to phasing In/Out. SIDE ZONE LOWER LIGHTING There will be six (6) Whelen® lights with clear lens and chrome trim installed per the following: • Two (2) Model C6# split color lights located, one (1) each side on the bumper extension. The left side front light to include red LEDs to the front with white LEDs to the rear and the right side front light to include red LEDs to the front with white LEDs to the rear. • Two (2) Model C6# split color lights located, Above front wheels on the EMS doors. match J# 34515. The left side middle light to include red LEDs to the front with white LEDs to the rear and the right side middle light to include red LEDs to the front with white LEDs to the rear. Clearwater Fire & Rescue Velocity Pumper FY2021 105 of 118 • Two (2) Model M6V2*C lights with lower scene LEDs one (1) each side above rear wheels. The driver's side, side rear light to include red warning LEDs and the passenger's side, side rear light to include red warning LEDs. There will be a switch in the cab on the switch panel to control the lights. The scene LEDs will be activated by a switch at the driver's side switch panel and when a directional signal is activated. INTERIOR CAB COMPARTMENT DOOR WARNING LIGHTS There will be two (2) Whelen® Model PSSEQACR, 1.68" high x 11.11" wide x 0.52" deep LED light strips with chrome trim, flashing in a sequencing out pattern provided on the crew cab compartment door(s) located, on the INTERIOR of the LS and RS exterior EMS cabinet doors. The light(s) will be activated when the battery switch is on and the respective door is open. INTERIOR CAB DOOR WARNING LIGHTS There will be four (4) Weldon, Model 8401-0000-20, amber 12 volt DC LED flashing strip lights provided. • One (1) light on the driver's side cab door over the window. • One (1) light on the passenger's side cab door over the window. • One (1) light on the passenger's side crew cab door over the window. • One (1) light on the driver's side crew cab door over the window. Each light will be activated when the battery switch is on and the adjacent door is opened. Each light will be installed so the flash pattern directs traffic away from the doors. SIDE WARNING LIGHTS There will be four (4) Whelen®, Model C6L**, 5.12" high x 7.56" wide x 1.56" deep flashing LED warning light(s) with chrome trim provided a pair rear of the crew cab door inline with the side warning light on the front bumper. Put the second pair on the front bumper on the angled portion. Match J#29715. The light(s) to include red flashing LEDs. The warning light lens color(s) to be clear. There will be a switch in the cab on the switch panel to control the light(s). The light(s) may be load managed when the parking brake is applied. SIDE WARNING LIGHTS There will be four (4) Whelen, Model WIONSMCD split red/white LED light(s) provided and located in the body rub rails Center of each rub rail Total 4. The lights will NOT be mounted with the rubber gasket behind the light which will allow the light(s) to fit in the rub rails. The lens color will be clear. Clearwater Fire & Rescue Velocity Pumper FY2021 106 of 118 Each light will be provided with a chrome plated ABS flange. The light(s) will be activated with the side warning switch. REAR ZONE LOWER LIGHTING There will be two (2) Whelen®, Model C6L**, 5.12" high x 7.56" wide x 1.56" deep flashing LED warning light(s) with chrome trim provided at the rear of the apparatus. • the driver's side rear light to be amber • the passenger's side rear light to be amber • the warning light lens color(s) to be clear There will be a switch in the cab on the switch panel to control the lights. MOUNTING, RECESS LIGHT There will be one (1) pair of upper rear warning lights, on the rear bulkheads, recessed into the body. The lights will be flush to the compartment sheet and will be installed one (1) each side on upper corners of bulkheads. REAR/SIDE ZONE UPPER WARNING LIGHTS There will be two (2) Whelen®, Model L31H*FN, LED warning beacons provided at the rear of the truck, located one (1) each side. There will be a switch located in the cab on the switch panel to control the beacons. The color of the lights will be red LEDs with both domes clear. The rear warning lights will be mounted on top of the compartmentation with all wiring totally enclosed. The rear deck lights will be mounted on the beavertails as high as possible. 120 VOLT RECEPTACLE There will be one (1), 15/20 amp 120 volt AC three (3) wire straight blade duplex receptacle(s) with interior stainless steel wall plate(s), installed DS EMS compartment. Lower inboard corner. The NEMA configuration for the receptacle(s) will be 5-20R. The receptacle(s) will be powered from the shoreline inlet. There will be a label installed near the receptacle(s) that state the following: • Line Voltage • Current Ratting (amps) • Phase • Frequency LOOSE EQUIPMENT The following equipment will be furnished with the completed unit: • One (1) bag of chrome, stainless steel, or cadmium plated screws, nuts, bolts and washers, as used in the construction of the unit. Clearwater Fire & Rescue Velocity Pumper FY2021 107 of 118 NFPA REQUIRED LOOSE EQUIPMENT PROVIDED BY FIRE DEPARTMENT The following loose equipment as outlined in NFPA 1901, 2016 edition, section 5.9.3 and 5.9.4 will be provided by the fire department. • 800 ft (60 m) of 2.50" (65 mm) or larger fire hose. • 400 ft (120 m) of 1.50" (38 mm), 1.75" (45 mm), or 2.00" (52 mm) fire hose. • One (1) handline nozzle, 200 gpm (750 L/min) minimum. • Two (2) handline nozzles, 95 gpm (360 L/min) minimum. • One (1) smoothbore of combination nozzle with 2.50" shutoff that flows a minimum of 250 gpm. • One (1) SCBA complying with NFPA 1981 for each assigned seating position, but not fewer than four (4), mounted in brackets fastened to the apparatus or stored in containers supplied by the SCBA manufacturer. • One (1) spare SCBA cylinder for each SCBA carried, each mounted in a bracket fastened to the apparatus or stored in a specially designed storage space(s). • One (1) first aid kit. • Four (4) combination spanner wrenches. • Two (2) hydrant wrenches. • One (1) double female 2.50" (65 mm) adapter with National Hose threads. • One (1) double male 2.50" (65 mm) adapter with National Hose threads. • One (1) rubber mallet, for use on suction hose connections. • Two (2) salvage covers each a minimum size of 12 ft x 14 ft (3.7 m x 4.3 m). • One (1) traffic vest for each seating position, each vest to comply with ANSI/ISEA 207, Standard for High Visibility Public Safety Vests, and have a five-point breakaway feature that includes two (2) at the shoulders, two (2) at the sides, and one (1) at the front. • Five (5) fluorescent orange traffic cones not less than 28.00" (711 mm) in height, each equipped with a 6.00" (152 mm) retro-reflective white band no more than 4.00" (152 mm) from the top of the cone, and an additional 4.00" (102 mm) retro-reflective white band 2.00" (51 mm) below the 6.00" (152 mm) band. • Five (5) illuminated warning devices such as highway flares, unless the five (5) fluorescent orange traffic cones have illuminating capabilities. • One (1) automatic external defibrillator (AED). • Four (4) ladder belts meeting the requirements of NFPA 1983, Standard on Fire Service Life Safety Rope and System Components (if equipped with an aerial device). • If the supply hose carried does not use sexless couplings, an additional double female adapter and double male adapter, sized to fit the supply hose carried, will be carried mounted in brackets fastened to the apparatus. • If none of the pump intakes are valved, a hose appliance that is equipped with one or more gated intakes with female swivel connection(s) compatible with the supply hose used on one side and a swivel connection with pump intake threads on the other side will be carried. Any intake connection larger than 3.00" (75 mm) will include a pressure relief device that meets the requirements of 16.6.6. Clearwater Fire & Rescue Velocity Pumper FY2021 108 of 118 • If the apparatus does not have a 2.50" National Hose (NH) intake, an adapter from 2.50" NH female to a pump intake will be carried, mounted in a bracket fastened to the apparatus if not already mounted directly to the intake. • If the supply hose carried has other than 2.50" National Hose (NH) threads, adapters will be carried to allow feeding the supply hose from a 2.50" NH thread male discharge and to allow the hose to connect to a 2.50" NH female intake, mounted in brackets fastened to the apparatus if not already mounted directly to the discharge or intake. SOFT SUCTION HOSE PROVIDED BY FIRE DEPARTMENT NFPA 1901, 2016 edition, section 5.8.2.1 requires a minimum of 20' of suction hose or 15' of supply hose will be carried. Hose is not on the apparatus as manufactured. The fire department will provide suction or supply hose. DRY CHEMICAL EXTINGUISHER PROVIDED BY FIRE DEPARTMENT NFPA 1901, 2016 edition, section 5.9.4 requires one (1) approved dry chemical portable fire extinguisher with a minimum 80-B:C rating mounted in a bracket fastened to the apparatus. The extinguisher is not on the apparatus as manufactured. The fire department will provide and mount the extinguisher. WATER EXTINGUISHER PROVIDED BY FIRE DEPARTMENT NFPA 1901, 2016 edition, section 5.9.4 requires one (1) 2.5 gallon or larger water extinguisher mounted in a bracket fastened to the apparatus. The extinguisher is not on the apparatus as manufactured. The fire department will provide and mount the extinguisher. FLATHEAD AXE PROVIDED BY FIRE DEPARTMENT NFPA 1901, 2016 edition, Section 5.9.4 requires one (1) flathead axe mounted in a bracket fastened to the apparatus. The axe is not on the apparatus as manufactured. The fire department will provide and mount the axe. PICKHEAD AXE PROVIDED BY FIRE DEPARTMENT NFPA 1901, 2016 edition, Section 5.9.4 requires one (1) pickhead axe mounted in a bracket fastened to the apparatus. The axe is not on the apparatus as manufactured. The fire department will provide and mount the axe. PAINT - BODY PAINTED TO MATCH CAB The exterior custom cab and body painting procedure will consist of a seven (7) step finishing process as follows: 1. Manual Surface Preparation - All exposed metal surfaces on the custom cab and body will be thoroughly cleaned and prepared for painting. Imperfections on the exterior surfaces will be removed and sanded to a smooth finish. Exterior seams will be sealed before painting. Exterior Clearwater Fire & Rescue Velocity Pumper FY2021 109 of 118 surfaces that will not be painted include; chrome plating, polished stainless steel, anodized aluminum and bright aluminum treadplate. 2. Chemical Cleaning and Pretreatment - All surfaces will be chemically cleaned to remove dirt, oil, grease, and metal oxides to ensure the subsequent coatings bond well. The aluminum surfaces will be properly cleaned and treated using a high pressure, high temperature 4 step Acid Etch process. The steel and stainless surfaces will be properly cleaned and treated using a high temperature 3 step process specifically designed for steel or stainless. The chemical treatment converts the metal surface to a passive condition to help prevent corrosion. A final pure water rinse will be applied to all metal surfaces. 3. Surfacer Primer - The Surfacer Primer will be applied to a chemically treated metal surface to provide a strong corrosion protective basecoat. A minimum thickness of 2 mils of Surfacer Primer is applied to surfaces that require a Critical aesthetic finish. The Surfacer Primer is a two-component high solids urethane that has excellent sanding properties and an extra smooth finish when sanded. 4. Finish Sanding - The Surfacer Primer will be sanded with a fine grit abrasive to achieve an ultra- smooth finish. This sanding process is critical to produce the smooth mirror like finish in the topcoat. 5. Sealer Primer - The Sealer Primer is applied prior to the Basecoat in all areas that have not been previously primed with the Surfacer Primer. The Sealer Primer is a two-component high solids urethane that goes on smooth and provides excellent gloss hold out when topcoated. 6. Basecoat Paint - Two coats of a high performance, two component high solids polyurethane basecoat will be applied. The Basecoat will be applied to a thickness that will achieve the proper color match. The Basecoat will be used in conjunction with a urethane clear coat to provide protection from the environment. 7. Clear Coat - Two (2) coats of Clear Coat will be applied over the Basecoat color. The Clear Coat is a two-component high solids urethane that provides superior gloss and durability to the exterior surfaces. Lap style and roll-up doors will be Clear Coated to match the body. Paint warranty for the roll-up doors will be provided by the roll-up door manufacture. Each batch of basecoat color is checked for a proper match before painting of the cab and the body. After the cab and body are painted, the color is verified again to make sure that it matches the color standard. Electronic color measuring equipment is used to compare the color sample to the color standard entered into the computer. Color specifications are used to determine the color match. A Delta E reading is used to determine a good color match within each family color. All removable items such as brackets, compartment doors, door hinges, and trim will be removed and separately if required, to ensure paint behind all mounted items. Body assemblies that cannot be finish painted after assembly will be finish painted before assembly. Pierce Manufacturing paint finish quality levels for critical areas of the apparatus (cab front and sides, body sides and doors, and boom lettering panels) meet or exceed the Cadillac/General Motors GMW15777 global paint requirements. Orange peel levels meet or exceed the #6 A.C.T.standard in critical areas. These requirements are met in order for the exterior paint finish to be considered acceptable. The Pierce Manufacturing written paint standards will be available upon request. Clearwater Fire & Rescue Velocity Pumper FY2021 110 of 118 The cab will be two-tone, with the upper section painted white #10 (upper cab) along with a shield design on the cab face and lower section of the cab and body painted red #90 (lower cab and body). The special shield will be located high shield than the standard shield. PAINT - ENVIRONMENTAL IMPACT Contractor will meet or exceed all current State regulations concerning paint operations. Pollution control will include measures to protect the atmosphere, water and soil. Controls will include the following conditions: • Topcoats and primers will be chrome and lead free. • Metal treatment chemicals will be chrome free. The wastewater generated in the metal treatment process will be treated on-site to remove any other heavy metals. • Particulate emission collection from sanding operations will have a 99.99% efficiency factor. • Particulate emissions from painting operations will be collected by a dry filter or water wash process. If the dry filter is used, it will have an efficiency rating of 98.00%. Water wash systems will be 99.97% efficient • Water from water wash booths will be reused. Solids will be removed on a continual basis to keep the water clean. • Paint wastes are disposed of in an environmentally safe manner. • Empty metal paint containers will be to recover the metal. • Solvents used in clean-up operations will be recycled on-site or sent off-site for distillation and returned for reuse. Additionally, the finished apparatus will not be manufactured with or contain products that have ozone depleting substances. Contractor will, upon demand, present evidence that the manufacturing facility meets the above conditions and that it is in compliance with his State EPA rules and regulations. PAINT CHASSIS FRAME ASSEMBLY The chassis frame assembly will be finished with a single system black top coat before the installation of the cab and body, and before installation of the engine and transmission assembly, air brake lines, electrical wire harnesses, etc. Components treated with epoxy E-coat protection prior to paint: • Two (2) C-channel frame rails Components that are included with the chassis frame assembly that will be painted not e-coated are: • Cross members • Axles • Suspensions • Steering gear • Battery boxes • Bumper extension weldment • Frame extensions Clearwater Fire & Rescue Velocity Pumper FY2021 111 of 118 • Body mounting angles • Rear Body support substructure (front and rear) • Pump house substructure • Air tanks • Steel fuel tank • Castings • Individual piece parts used in chassis and body assembly The E-coat process will meet the technical properties shown. PAINT, REAR WHEELS All wheel surfaces, inside and outside of inboard steel wheels only, will be provided with powder coat paint #101 black. COMPARTMENT INTERIOR PAINT Interior of compartments will be painted 909017, Nightspots. REFLECTIVE BAND A 6.00" white reflective band will be provided across the front of the vehicle and along the sides of the body. The reflective band provided on the cab face will be below the headlights on the fiberglass. REAR CHEVRON STRIPING There will be alternating chevron striping located on the rear-facing vertical surface of the apparatus. The rear surface, excluding the rear compartment door, will be covered. The colors will be red and yellow diamond grade. Each stripe will be 6.00" in width. This will meet the requirements of the current edition of NFPA 1901, which states that 50% of the rear surface will be covered with chevron striping. JOG(S) IN REFLECTIVE BAND The reflective band located on each side of the apparatus body will contain one (1) jog(s) and will be angled at approximately a 45 degrees when installed. SIGN GOLD STRIPE There will be a Sign Gold stripe applied above and below the reflective band. The sign gold stripes will be .50" wide with an outline. REFLECTIVE STRIPE OUTLINE A black vinyl outline will be provided for each chevron stripe at the rear of the truck. REFLECTIVE STRIPE INSIDE COMPARTMENT DOOR A 6.00" black reflective stripe will be provided inside two (2) compartment doors. each exterior access EMS compt door. Clearwater Fire & Rescue Velocity Pumper FY2021 112 of 118 CAB DOOR REFLECTIVE STRIPE A 6.00" x 16.00" black reflective stripe will be provided across the interior of each cab door. The stripe will be located approximately 1.00" up from the bottom, on the door panel. This stripe will meet the NFPA 1901 requirement. CAB STRIPE There will be a Sign Gold stripe provided on both sides of the cab in place of the chrome molding and on the cab face with shield. LETTERING The lettering will be 22 karat gold vinyl. LETTERING Forty-one (41) to sixty (60) Sign Gold lettering, 3.00" high, with outline and shade will be provided. LETTERING There will be reflective lettering, 3.00" high, with outline provided. There will be four (4) letters provided. LETTERING One (1) to twenty (20) reflective lettering, 3.00" high, with outline will be provided. LETTERING There will be sign gold lettering, 14.00" high, with outline and shade provided. There will be four (4) letters provided. LETTERING There will be sign gold lettering, 4.00" high, with outline and shade provided. There will be 13 letters provided. EMBLEM - RIBBON STYLE There will be one (1) pair of "ISO CLASS 1" signgold emblem(s) installed. AMERICA'S BRAVEST EMBLEM There will be one (1) pair of Sign Gold lettering above and below, and a color imaged firefighter's helmet installed on the vehicle D1/P1 per quote. EMBLEM There will be two (2) reflective emblem(s), approximately 12.00" - 14.00" in size, installed cab doors. the emblem will be modeled after the department submitted information (art, patch, etc). EMBLEM There will be one (1) reflective emblem(s), approximately 22.00" - 24.00" in size, installed rear roll up door. the emblem will be modeled after the department submitted information (art, patch, etc). Clearwater Fire & Rescue Velocity Pumper FY2021 113 of 118 EMBLEM There will be two (2) vinyl emblem(s), approximately 13.00"-15.00" in size, installed crew cab windows. the emblem will be modeled after the department submitted information (art, patch, etc). LETTERING/NUMERALS ON CAB GRILLE Two (2) painted letters/numerals with outline, as determined by the fire department, will be provided on the cab grille. MANUAL, FIRE APPARATUS PARTS Two (2) custom parts manuals for the complete fire apparatus will be provided in hard copy with the completed unit. The manual will contain the following: - Job number - Part numbers with full descriptions - Table of contents - Parts section sorted in functional groups reflecting a major system, component, or assembly - Parts section sorted in Alphabetical order - Instructions on how to locate a part The manual will be specifically written for the chassis and body model being purchased. It will not be a generic manual for a multitude of different chassis and bodies. SERVICE PARTS INTERNET SITE The service parts information included in this manual is also available on the Pierce website. The website offers additional functions and features not contained in this manual, such as digital photographs and line drawings of select items. The website also features electronic search tools to assist in locating parts quickly. MANUALS, CHASSIS SERVICE Two (2) chassis service manuals containing parts and service information on major components will be provided with the completed unit. The manuals will contain the following sections: - Job number - Table of contents - Troubleshooting - Front Axle/Suspension - Brakes Clearwater Fire & Rescue Velocity Pumper FY2021 114 of 118 - Engine - Tires - Wheels - Cab - Electrical, DC - Air Systems - Plumbing - Appendix The manual will be specifically written for the chassis model being purchased. It will not be a generic manual for a multitude of different chassis and bodies. MANUALS, CHASSIS OPERATION Two (2) chassis operation manuals will be provided. ONE (1) YEAR MATERIAL AND WORKMANSHIP A Pierce basic apparatus limited warranty certificate, WA0008, is included with this proposal. THREE (3) YEAR MATERIAL AND WORKMANSHIP The Pierce custom chassis limited warranty certificate, WA0284, is included with this proposal. ENGINE WARRANTY A Cummins five (5) year limited engine warranty will be provided. A limited warranty certificate, WA0181, is included with this proposal. STEERING GEAR WARRANTY A Sheppard three (3) year limited steering gear warranty will be provided. A copy of the warranty certificate will be submitted with the bid package. FIFTY (50) YEAR STRUCTURAL INTEGRITY The Pierce custom chassis frame and crossmembers limited warranty certificate, WA0038, is included with this proposal. FRONT AXLE THREE (3) YEAR MATERIAL AND WORKMANSHIP WARRANTY The Pierce TAK-4 suspension limited warranty certificate, WA0050, is included with this proposal. REAR AXLE TWO (2) YEAR MATERIAL AND WORKMANSHIP WARRANTY A Meritor axle limited warranty certificate, WA0046, is included with this proposal. ABS BRAKE SYSTEM THREE (3) YEAR MATERIAL AND WORKMANSHIP WARRANTY A Meritor Wabco™ ABS brake system limited warranty certificate, WA0232, is included with this proposal. Clearwater Fire & Rescue Velocity Pumper FY2021 115 of 118 TEN (10) YEAR STRUCTURAL INTEGRITY The Pierce custom cab limited warranty certificate, WA0012, is included with this proposal. TEN (10) YEAR PRO-RATED PAINT AND CORROSION A Pierce cab limited pro-rated paint warranty certificate, WA0055, is included with this proposal. FIVE (5) YEAR MATERIAL AND WORKMANSHIP The Pierce Command Zone electronics limited warranty certificate, WA0014, is included with this proposal. CAMERA SYSTEM WARRANTY A Pierce fifty four (54) month warranty will be provided for the camera system. COMPARTMENT LIGHT WARRANTY The Pierce 12 volt DC LED strip lights limited warranty certificate, WA0203, is included with this proposal. TRANSMISSION WARRANTY The transmission will have a five (5) year/unlimited mileage warranty covering 100 percent parts and labor. The warranty will be provided by Allison Transmission. Note: The transmission cooler is not covered under any extended warranty you may be getting on your Allison Transmission. Please review your Allison Transmission warranty for coverage limitations. TRANSMISSION COOLER WARRANTY The transmission cooler will carry a five (5) year parts and labor warranty (exclusive to the transmission cooler). In addition, a collateral damage warranty will also be in effect for the first three (3) years of the warranty coverage and will not exceed $10,000 per occurrence. A copy of the warranty certificate will be submitted with the bid package. WATER TANK WARRANTY A UPF poly water tank limited warranty certificate, WA0195, is included with this proposal. TEN (10) YEAR STRUCTURAL INTEGRITY The Pierce apparatus body limited warranty certificate, WA0009, is included with this proposal. ROLL UP DOOR MATERIAL AND WORKMANSHIP WARRANTY A Gortite roll-up door limited warranty will be provided. The mechanical components of the roll-up door will be warranted against defects in material and workmanship for the lifetime of the vehicle. A six (6) year limited warranty will be provided on painted and satin roll up doors. The limited warranty certificate, WA0190, is included with this proposal. PUMP WARRANTY A Waterous pump limited warranty certificate, WA0225, is included with this proposal. TEN (10) YEAR PUMP PLUMBING WARRANTY The Pierce apparatus plumbing limited warranty certificate, WA0035, is included with this proposal. Clearwater Fire & Rescue Velocity Pumper FY2021 116 of 118 TEN (10) YEAR PRO-RATED PAINT AND CORROSION A Pierce body limited pro-rated paint warranty certificate, WA0057, is included with this proposal. ONE (1) YEAR MATERIAL AND WORKMANSHIP The Pierce graphics fading and deterioration limited warranty limited warranty certificate, WA0168, is included with this proposal. VEHICLE STABILITY CERTIFICATION The fire apparatus manufacturer will provide a certification stating the apparatus complies with NFPA 1901, current edition, section 4.13, Vehicle Stability. The certification will be provided at the time of bid. ENGINE INSTALLATION CERTIFICATION The fire apparatus manufacturer will provide a certification, along with a letter from the engine manufacturer stating they approve of the engine installation in the bidder's chassis. The certification will be provided at the time of bid. POWER STEERING CERTIFICATION The fire apparatus manufacturer will provide a certification stating the power steering system as installed meets the requirements of the component supplier. The certification will be provided at the time of bid. CAB INTEGRITY CERTIFICATION The fire apparatus manufacturer will provide a cab integrity certification with this proposal. The certification will state that the cab has been tested and certified by an independent third-party test facility. Testing events will be documented with photographs, real-time and high-speed video, vehicle accelerometers, cart accelerometers, and a laser speed trap. The fire apparatus manufacturer will provide a state-licensed professional engineer to witness and certify all testing events. Testing will meet or exceed the requirements below: • European Occupant Protection Standard ECE Regulation No.29. • SAE J2422 Cab Roof Strength Evaluation - Quasi-Static Loading Heavy Trucks. • SAE J2420 COE Frontal Strength Evaluation - Dynamic Loading Heavy Trucks. Roof Crush The cab will be subjected to a roof crush force of 22,050 lb. This value meets the ECE 29 criteria and is equivalent to the front axle rating up to a maximum of 10 metric tons. Additional Roof Crush The same cab will be subjected to a roof crush force of 100,000 lbs. This value exceeds the ECE 29 criteria by nearly 4.5 times. Side Impact The same cab will be subjected to dynamic preload where a 13,275 lb moving barrier slams into the side of the cab at 5.5 mph at a force of 13,000 ft-lbs. This test is part of the SAE J2422 test procedure and more closely represents the forces a cab will see in a rollover incident. Clearwater Fire & Rescue Velocity Pumper FY2021 117 of 118 Frontal Impact The same cab will withstand a frontal impact of 32,600 ft-lbs of force using a moving barrier in accordance with SAE J2420. Additional Frontal Impact The same cab will withstand a frontal impact of 65,200 ft-lbs of force using a moving barrier, (twice the force required by SAE J2420). The same cab will withstand all tests without any measurable intrusion into the survival space of the occupant area. CAB DOOR DURABILITY CERTIFICATION Robust cab doors help protect occupants. Cab doors will survive a 200,000 cycle door slam test where the slamming force exceeds 20 G's of deceleration. The bidder will certify that the sample doors similar to those provided on the apparatus have been tested and have met these criteria without structural damage, latch malfunction, or significant component wear. WINDSHIELD WIPER DURABILITY CERTIFICATION Visibility during inclement weather is essential to safe apparatus performance. Windshield wipers will survive a 3 million cycle durability test in accordance with section 6.2 of SAE J198 Windshield Wiper Systems - Trucks, Buses and Multipurpose Vehicles. The bidder will certify that the wiper system design has been tested and that the wiper system has met these criteria. ELECTRIC WINDOW DURABILITY CERTIFICATION Cab window roll-up systems can cause maintenance problems if not designed for long service life. The window regulator design will complete 30,000 complete up-down cycles and still function normally when finished. The bidder will certify that sample doors and windows similar to those provided on the apparatus have been tested and have met these criteria without malfunction or significant component wear. SEAT BELT ANCHOR STRENGTH Seat belt attachment strength is regulated by Federal Motor Vehicle Safety Standards and should be validated through testing. Each seat belt anchor design will withstand 3000 lb of pull on both the lap and shoulder belt in accordance with FMVSS 571.210 Seat Belt Assembly Anchorages. The bidder will certify that each anchor design was pull tested to the required force and met the appropriate criteria. SEAT MOUNTING STRENGTH Seat attachment strength is regulated by Federal Motor Vehicle Safety Standards and should be validated through testing. Each seat mounting design will be tested to withstand 20 G's of force in accordance with FMVSS 571.207 Seating Systems. The bidder will certify that each seat mount and cab structure design was pull tested to the required force and met the appropriate criteria. Clearwater Fire & Rescue Velocity Pumper FY2021 118 of 118 PERFORMANCE CERTIFICATIONS Cab Air Conditioning Good cab air conditioning temperature and air flow performance keeps occupants comfortable, reduces humidity, and provides a climate for recuperation while at the scene. The cab air conditioning system will cool the cab from a heat-soaked condition at 100 degrees Fahrenheit to an average of 78 degrees Fahrenheit in 30 minutes. The bidder will certify that a substantially similar cab has been tested and has met these criteria. Cab Defroster Visibility during inclement weather is essential to safe apparatus performance. The defroster system will clear the required windshield zones in accordance with SAE J381 Windshield Defrosting Systems Test Procedure And Performance Requirements - Trucks, Buses, And Multipurpose Vehicles. The bidder will certify that the defrost system design has been tested in a cold chamber and passes the SAE J381 criteria. Cab Auxiliary Heater Good cab heat performance and regulation provides a more effective working environment for personnel, whether in-transit, or at a scene. An auxiliary cab heater will warm the cab 77 degrees Fahrenheit from a cold-soak, within 30 minutes when tested using the coolant supply methods found in SAE J381. The bidder will certify, at time of delivery, that a substantially similar cab has been tested and has met these criteria. AMP DRAW REPORT The bidder will provide, at the time of bid and delivery, an itemized print out of the expected amp draw of the entire vehicle's electrical system. The manufacturer of the apparatus will provide the following: • Documentation of the electrical system performance tests. • A written load analysis, which will include the following: o The nameplate rating of the alternator. o The alternator rating under the conditions specified per:  Applicable NFPA 1901 or 1906 (Current Edition). o The minimum continuous load of each component that is specified per:  Applicable NFPA 1901 or 1906 (Current Edition). o Additional loads that, when added to the minimum continuous load, determine the total connected load. o Each individual intermittent load. All of the above listed items will be provided by the bidder per the applicable NFPA 1901 or 1906 (Current Edition). Equipment Proposal This Equipment Proposal (the “Proposal”) has been prepared by Ten-8 Fire Equipment, Inc. (“Company”) in response to the undersigned Customer’s request for a proposal. This Proposal is comprised of the special terms set forth below, the Proposal Option List, Warranty, and Company’s Purchasing Terms and Conditions. Through its signature below or other Acceptance (as defined below), Customer acknowledges having received, read and being bound by this Proposal, all attachments and Company’s Purchasing Terms and Conditions. Date: August 27, 2020 (“Proposal Date”) Customer: Clearwater Fire Rescue (“Customer”) Customer Address: 1140 Court Street, Clearwater, FL 33756 Quantity Product Description & Options Price 1 1 1 One (1) Heavy Duty Pierce Velocity Pumper per spec #755 Priced in accordance with FSA Contract # FSA20-VEF14.02 Spec#8 Additional Pumper for total qty 2 Pierce and Ten-8 Multi-unit discount, applicable to 2nd unit only $686,966.00 $686,966.00 ($39,709.00) Purchase Price: $1,334,223.00 Delivery Timing: The Product described above in the Product Description and Options Section of this document will be built by and shipped from the manufacturer approximately 12 (months) after Company receives Customer’s acceptance of this Proposal as defined below. Other: *Prepay discount requires the prepayment be made to Ten-8 prior to the order being processed with Pierce Unless accepted within 34 days from date of proposal, the right is reserved to withdraw this proposal. ACCEPTANCE OF THIS PROPOSAL CREATES AN ENFORCEABLE BINDING AGREEMENT BETWEEN COMPANY AND CUSTOMER. “ACCEPTANCE” MEANS THAT CUSTOMER DELIVERS TO COMPANY: (A) A PROPOSAL SIGNED BY AN AUTHORIZED REPRESENTATIVE, OR (B) A PURCHASE ORDER INCORPORATING THIS PROPOSAL, WHICH IS DULY APPROVED, TO THE EXTENT APPLICABLE, BY CUSTOMER’S GOVERNING BOARD. ACCEPTANCE OF THIS PROPOSAL IS EXPRESSLY LIMITED TO THE TERMS CONTAINED IN THIS PROPOSAL AND COMPANY’S PURCHASING TERMS AND CONDITIONS. ANY ADDITIONAL OR DIFFERENT TERMS, WHETHER CONTAINED IN CUSTOMER’S FORMS OR OTHERWISE PRESENTED BY CUSTOMER AT ANY TIME, ARE HEREBY REJECTED. INTENDING TO CREATE A BINDING AGREEMENT, Customer and Company have each caused this Proposal to be executed by their duly authorized representatives as of date of the last signature below. Customer: Clearwater Fire Rescue Ten-8 Fire Equipment, Inc. By: __________________________________ By: Title: _________________________________ Title: Authorized Sales Representative Print: _________________________________ Print: Dustin Bouwer Date: _________________________________ Date: 8/27/2020 EXHIBIT A PROPOSAL OPTION LIST EXHIBIT B WARRANTY EXHIBIT C PURCHASING TERMS AND CONDITIONS PURCHASING TERMS AND CONDITIONS (Florida) These Purchasing Terms and Conditions, together with the Equipment Proposal and all attachments (collectively, the “Agreement”) are entered into by and between Ten-8 Fire Equipment, Inc., a Florida corporation (“Company”) and Customer (as defined in Ten-8 Fire Equipment, Inc.’s Equipment Proposal document) and is effective as of the date specified in Section 3 of these Purchasing Terms and Conditions. Both Company and Customer may be referred throughout this document individually as a “party” or collectively as the “parties.” 1. Definitions. a. “Acceptance” has the same meaning set forth in Company’s Equipment Proposal. b. “Company’s Equipment Proposal” means the Equipment Proposal provided by Company and prepared in response to Customer’s request for proposal for a fire apparatus, associated equipment or an ambulance. c. “Cooperative Purchasing Contract” means an Agreement between Company and a public authority, including without limitation, a department, division, agency of a municipal, county or state government (“Public Authority”), that adopts or participates in an existing agreement between Company and another non-party customer (including, but not limited to such non-party customer’s equipment proposal, its applicable exhibits, attachments and purchasing terms and conditions), often referred to as a “piggyback arrangement,” which is expressly agreed to, in writing, by Company. Company has sole discretion to determine whether it will agree to such a Cooperative Purchasing Contract. d. “Delivery” means when Company delivers physical possession of the Product to Customer. e. “Manufacturer” means the Manufacturer of any Product. f. “Prepayment Discount” means the prepayment discounts, if any, specified in Company’s Equipment Proposal. g. “Product” means the fire apparatus and any associated equipment, or ambulance manufactured or furnished for Customer by Company pursuant to the Specifications. h. “Purchasing Terms and Conditions” means these Purchasing Terms and Conditions; however, if the Company’s Equipment Proposal or the Customer’s related Purchase Order states that it is governed by a Cooperative Purchasing Agreement, “Purchasing Terms and Conditions” shall mean those terms and conditions set forth in the applicable Cooperative Purchasing Agreement. i. “Specifications” means the general specifications, technical specifications, training, and testing requirements for the Product contained in Company’s Equipment Proposal and its Exhibit A (Proposal Option List or for ambulance sales, the Quotation, or Order Form, as applicable), prepared in response to Customer’s request for such a proposal. 2. Purpose. This Agreement sets forth the terms and conditions of Company’s sale of the Product to Customer. 3. Term of Agreement. This Agreement will become effective on the date of Acceptance as defined in Company’s Equipment Proposal (“Effective Date”) and, unless earlier terminated pursuant to the terms of this Agreement, it will terminate upon Delivery and payment in full of the Purchase Price. 4. Purchase and Payment. Customer agrees to pay Company the Purchase Price for the Product(s) as set forth in Company’s Equipment Proposal (“Purchase Price”). The Purchase Price is in U.S. dollars. Where Customer opts for a Prepayment Discount that specifies that Customer will tender one or more prepayments to Company, Customer must provide each prepayment within the time frame specified in the Equipment Proposal in order to receive the Prepayment Discount for that prepayment installment. 5. Representations and Warranties. Customer hereby represents and warrants to Company that the purchase of the Product(s) has been approved by Customer in accordance with applicable general laws and, as applicable, Customer’s charter, ordinances and other governing documents, and funding for the purchase has been duly budgeted and appropriated. 6. Cancellation/Termination. a. Fire Equipment and Apparatus Sales. In the event this Agreement is cancelled or terminated by Customer before completion, Company may charge Customer a cancellation fee. The following charge schedule is based on costs incurred by Manufacturer and Company for the Product, which may be applied and charged to Customer: (a) 12% of the Purchase Price after the order for the Product(s) is accepted and entered into Manufacturer’s system by Company; (b) 22% of the Purchase Price after completion of approval drawings by Customer, and; (c) 32% of the Purchase Price upon any material requisition made by the Manufacturer for the Product. The cancellation fee will increase in excess of (c) in this Section 6, accordingly, as additional costs are incurred by Manufacturer and Company as the order progresses through engineering and into the manufacturing process. b. Ambulance Sales. This Section 6 for Cancellation/Termination does not apply to Ambulance Sales. An order for an ambulance cannot be cancelled or terminated once Company receives and processes Customer’s Acceptance of Company’s Equipment Proposal. 7. Delivery. The Product is scheduled to be delivered as specified in the Delivery Timing section of the Equipment Proposal (“Delivery Timing”), which will be F.O.B. Company’s facility. The Delivery Timing is an estimate, and Company is not bound to such date unless it otherwise agrees in writing. Company is not responsible for Delivery delays caused by or as the result of actions, omissions or conduct of the Manufacturer, its employees, affiliates, suppliers, contractors, and carriers. All right, title and interest in and to the Product, and risk of loss, shall pass to Customer upon Delivery of the Product(s) to Customer. 8. Standard Warranty. The manufacturer warranties applicable to this Agreement, if any, are attached to Company’s Equipment Proposal as Exhibit A and are incorporated herein as part of the Agreement. a. Disclaimer. EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, COMPANY, INCLUDING ITS PARENT COMPANY, AFFILIATES, SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS PROVIDED UNDER THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING DISCLAIMER, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, IMPLIED WARRANTY AGAINST INFRINGEMENT, AND IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. STATEMENTS MADE BY SALES REPRESENTATIVES OR IN PROMOTIONAL MATERIALS DO NOT CONSTITUTE WARRANTIES. 9. Limitation of Liability. COMPANY WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, ECONOMIC, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM OR IN ANY WAY CONNECTED WITH THIS AGREEMENT WITHOUT REGARD TO THE NATURE OF THE CLAIM OR THE UNDERLYING THEORY OR CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, EQUITY OR ANY OTHER THEORY OF LAW) ON WHICH SUCH DAMAGES ARE BASED. COMPANY’S LIMIT OF LIABILITY UNDER THIS AGREEMENT SHALL BE CAPPED AT THE TOTAL AMOUNT OF THE MONIES PAID BY CUSTOMER TO COMPANY UNDER THIS AGREEMENT. 10. Force Majeure. Company shall not be responsible nor deemed to be in default on account of delays in performance due to causes which are beyond Company’s control which make Company’s performance impracticable, including but not limited to civil wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, including transportation or delivery losses outside of Company’s control, any act of government, delays in transportation, inability to obtain necessary labor supplies or manufacturing facilities, allocation regulations or orders affecting materials, equipment, facilities or completed products, failure to obtain any required license or certificates, acts of God or the public enemy or terrorism, failure of transportation, epidemics, quarantine restrictions, failure of vendors (due to causes similar to those within the scope of this clause) to perform their contracts or labor troubles causing cessation, slowdown, or interruption of work. 11. Customer’s Obligations. Customer shall provide its timely and best efforts to cooperate with Company and Manufacturer during the manufacturing process to create the Product. Reasonable and timely cooperation includes, without limitation, Customer’s providing timely information in response to a request from Manufacturer or Company and Customer’s participation in traveling to Manufacturer’s facility for inspections and approval of the Product. 12. Default. The occurrence of one or more of the following shall constitute a default under this Agreement: (a) Customer’s failure to pay any amounts due under this Agreement or Customer’s failure to perform any of its obligations under this Agreement; (b) Company’s failure to perform any of its obligations under this Agreement; (c) either party becoming insolvent or becoming subject to bankruptcy or insolvency proceedings; (d) any representation made by either party to induce the other to enter into this Agreement, which is false in any material respect; (e) an action by Customer to dissolve, merge, consolidate or transfer a substantial portion of its property to another entity; or (f) a default or breach by Customer under any other contract or agreement with Company. 13. Manufacturer’s Statement of Origin. Company shall retain possession of the manufacturer’s statement of origin (“MSO”) for the Product until the entire Purchase Price has been paid. If more than one Product is covered by this Agreement, Company shall retain the MSO for each individual Product until the Purchase Price for that Product has been paid in full. 14. Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Arbitration shall take place in Bradenton, Florida. 15. Miscellaneous. The relationship of the parties established under this Agreement is that of independent contractors and neither party is a partner, employee, agent, or joint venture of or with the other. Neither party may assign its rights and obligations under this Agreement without the prior written approval of the other party. This Agreement and all transactions between Ten-8 Fire Equipment, Inc. will be governed by and construed in accordance with the laws of the State of Florida. The delivery of signatures to this Agreement may be via facsimile transmission or other electronic means and shall be binding as original signatures. This Agreement shall constitute the entire agreement and supersede any prior agreement between the parties concerning the subject matter of this Agreement. This Agreement may only be modified by an amendment, in writing, signed by duly authorized representatives of both parties with authority to sign such amendments to this Agreement. In the event of a conflict between the Ten-8 Proposal and these Terms and Conditions, the Ten-8 Proposal shall control except in the case of a Cooperative Purchasing Contract as set forth in Section 1(c) and (h) of these Purchasing Terms and Conditions. If any term of this Agreement is determined to be invalid or unenforceable by a competent legal authority, such term will be either reformed or deleted, as the case may be, but only to the extent necessary to comply with the applicable law, regulation, order or rule, and the remaining provisions of the Agreement will remain in full force and effect. FSA Cooperative Purchasing Program Contract Terms and Conditions Contract #FSA20-VEF14.0 Fire Rescue Vehicles and Other Equipment -Ambulance 14.01 -Fire Rescue 14.02 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 1 2020-2023 Fire Rescue Vehicles & Other Equipment Contents 1.0 General Conditions.......................................................................................................................................5 1.01 BID CORRESPONDENCE ....................................................................................................................5 1.02 PURPOSE ...........................................................................................................................................6 1.03 TERM OF CONTRACT.........................................................................................................................6 1.04 QUANTITIES ......................................................................................................................................6 1.05 SHERIFF AS COUNTY CONSTITUTIONAL OFFICER .............................................................................6 1.06 FUNDING ...........................................................................................................................................6 1.07 CURRENCY.........................................................................................................................................6 1.08 GENERAL DEFINITIONS .....................................................................................................................7 1.09 ELIGIBLE PURCHASERS OF CONTRACT ..............................................................................................8 1.10 LEGAL REQUIREMENTS .....................................................................................................................8 1.11 PATENTS & ROYALTIES .....................................................................................................................8 1.12 FEDERAL AND STATE STANDARDS ....................................................................................................9 1.13 UNDERWRITERS’ LABORATORIES .....................................................................................................9 1.14 AMERICANS WITH DISABILITIES ACT ................................................................................................9 1.15 REASONABLE ACCOMMODATION ....................................................................................................9 1.16 MINORITY BUSINESS ENTERPRISE (MBE) .........................................................................................9 1.17 ANTI-DISCRIMINATION .....................................................................................................................9 1.18 BEST COMMERCIAL PRACTICES ......................................................................................................10 1.19 PUBLIC ENTITY CRIMES (PEC) .........................................................................................................10 1.20 TAX EXEMPTION .............................................................................................................................10 1.21 TAXES ..............................................................................................................................................10 1.22 ORDER OF PRECEDENCE IN THE EVENT OF CONFLICT ...................................................................10 1.23 COMMUNICATIONS ........................................................................................................................10 1.24 CLARIFICATION AND ADDENDA ......................................................................................................11 1.25 SIGNED BID CONSIDERED AN OFFER ..............................................................................................11 1.26 ASSIGNMENT OF CONTRACT ..........................................................................................................11 1.27 TERMINATION OF PRODUCT LINE ..................................................................................................12 1.28 METHOD OF AWARD ......................................................................................................................12 1.29 DEMONSTRATION OF COMPETENCY ..............................................................................................12 1.30 VENDOR ABILITY TO PERFORM ......................................................................................................13 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 2 2020-2023 Fire Rescue Vehicles & Other Equipment 1.31 FINANCIAL RESPONSIBILITY ............................................................................................................13 1.32 QUALITY AND SAFETY .....................................................................................................................13 1.33 NONCONFORMANCE ......................................................................................................................13 1.34 GRATUITIES .....................................................................................................................................14 1.35 TIE BIDS ...........................................................................................................................................14 1.36 RIGHT TO AUDIT .............................................................................................................................14 1.37 LIABILITY, INSURANCE, LICENSES AND PERMITS ............................................................................15 1.38 BID BONDS, PERFORMANCE BONDS, AND CERTIFICATES OF INSURANCE ....................................15 1.39 ELIMINATION FROM CONSIDERATION ...........................................................................................15 1.40 COLLUSION .....................................................................................................................................15 1.41 DEFAULT .........................................................................................................................................16 1.42 PROTESTS AND ARBITRATION ........................................................................................................16 1.43 NONPERFORMANCE .......................................................................................................................17 1.44 SEVERABILITY ..................................................................................................................................18 1.45 TERMINATION FOR CAUSE .............................................................................................................18 1.46 TERMINATION WITHOUT CAUSE ....................................................................................................18 1.47 CONTRACT ADVERTISMENT AND USE OF LOGO ............................................................................19 2.0 BIDDER INSTRUCTIONS .............................................................................................................................20 2.01 FIRST YEAR BIDDER QUALIFICATIONS ............................................................................................20 2.02 LICENSING & FACILITIES ..................................................................................................................20 2.03 INSURANCE AND INDEMNIFICATION .............................................................................................21 2.04 SPECIFICATIONS ..............................................................................................................................22 2.05 FIXED PRICES ...................................................................................................................................23 2.06 SEALED BIDS ....................................................................................................................................23 2.07 EXCEPTIONS TO TERMS AND CONDITIONS ....................................................................................23 2.08 MISTAKES ........................................................................................................................................23 2.09 EQUIVALENTS .................................................................................................................................23 2.10 MANDATORY PRE-BID MEETING ....................................................................................................24 2.11 QUALIFICATION ..............................................................................................................................24 2.12 PRICES QUOTED ..............................................................................................................................25 2.13 OPTION PRICING .............................................................................................................................25 2.14 SUBMITTAL OF BID .........................................................................................................................26 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 3 2020-2023 Fire Rescue Vehicles & Other Equipment 2.15 EXECUTION OF BID .........................................................................................................................27 2.16 MODIFICATION OR WITHDRAWALS OF BIDS .................................................................................27 2.17 LATE BIDS ........................................................................................................................................27 2.18 PUBLIC BID OPENING ......................................................................................................................28 2.19 DETERMINATION OF RESPONSIVENESS .........................................................................................28 2.20 RESPONSIBLE BIDDER CRITERIA......................................................................................................28 2.21 BASIS FOR AWARD ..........................................................................................................................28 2.22 FIRM BID .........................................................................................................................................29 2.23 MINOR IRREGULARITIES / RIGHT TO REJECT ..................................................................................29 2.24 CONE OF SILENCE ...........................................................................................................................29 3.01 GENERAL REQUIREMENTS FOR ALL VEHICLES AND EQUIPMENT ..................................................30 3.02 STATEMENT OF AUTHORITY ...........................................................................................................30 3.03 VENDOR CONTACT INFORMATION ................................................................................................30 3.04 OPTION TO RENEW & PRICE ADJUSTMENT ....................................................................................30 3.05 ADDITIONS AND DELETIONS ...........................................................................................................31 3.06 EQUITABLE ADJUSTMENT ...............................................................................................................31 3.07 DISCOUNTS .....................................................................................................................................31 3.08 CONDITIONS ...................................................................................................................................31 3.09 PRODUCTION CUTOFF ....................................................................................................................31 3.10 FACILITIES .......................................................................................................................................32 3.11 SUBSTITUTIONS ..............................................................................................................................32 3.12 EMERGENCY LIGHT AND SIREN CERTIFICATION STANDARDS ........................................................32 3.13 FACTORY INSTALLED .......................................................................................................................32 3.14 VENDOR INSTALLED ........................................................................................................................33 3.15 NON-SCHEDULED OPTIONS ............................................................................................................33 3.16 REMOUNT (AMBULANCE) ..............................................................................................................33 3.17 FORCE MAJEURE .............................................................................................................................34 3.18 DELIVERY TIME................................................................................................................................35 3.19 ORDER .............................................................................................................................................35 3.20 VEHICLE DELIVERY ..........................................................................................................................36 3.21 INSPECTION AND ACCEPTANCE ......................................................................................................37 3.22 REGISTRATION, TAG AND TITLE ......................................................................................................37 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 4 2020-2023 Fire Rescue Vehicles & Other Equipment 3.23 CAB AND CHASSIS PURCHASES .......................................................................................................38 3.24 INVOICING AND PAYMENTS ...........................................................................................................38 3.25 WARRANTY REPAIRS AND SERVICE ................................................................................................38 3.26 INADEQUATE SERVICE ....................................................................................................................38 3.27 REPORTING: PURCHASE ORDERS & QUARTERLY REPORTS ............................................................39 3.28 ADMINISTRATIVE FEE .....................................................................................................................40 3.29 LIQUIDATED DAMAGES ..................................................................................................................41 Appendix A – Drug-Free Workplace Form ....................................................................................................42 Appendix B – Insurance Checklist Form ........................................................................................................43 Appendix C – Vendor Change Form ..............................................................................................................44 Appendix D - Confirmation of Order Form ...................................................................................................45 Appendix E – Manufacturer AuthorizationForm ..........................................................................................46 Appendix F – Quarterly Report .....................................................................................................................47 Appendix G – Bid Calendar ...........................................................................................................................48 Appendix H – FSA Bid System Data Input Instructions for Bidders ..............................................................49 Appendix H – FSA Bid System Data Input Instructions for Bidders – Continued .........................................50 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 5 2020-2023 Fire Rescue Vehicles & Other Equipment 1.0 General Conditions 1.01 BID CORRESPONDENCE All correspondence regarding this bid should be directed to the Florida Sheriffs Association (FSA) using the contact information shown below. Please be sure to reference the bid number and your contact information. The contacts for this bid are: Lisa Gregor, FSA Cooperative Purchasing Program Coordinator E-mail: lgregor@flsheriffs.org Phone: 850-877-2165 ext. 5831 Fax : 850-878-5115 Craig Chown, FSA Cooperative Purchasing Program Manager E-Mail: cchown@flsheriffs.org Phone: 850-877-2165 ext 5833 Fax : 850-878-5115 Communication for this Invitation to Bid should be identified by contract number and title and directed to: Florida Sheriffs Association Attn: Cooperative Purchasing Program Coordinator 2617 Mahan Drive Tallahassee, FL 32308 cpp@flsheriffs.org FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 6 2020-2023 Fire Rescue Vehicles & Other Equipment 1.02 PURPOSE The purpose of this bid is to establish a thirty-six (36) month contract with manufacturers and authorized dealers for the purchase of vehicles and equipment on a “no trade-in basis”. Trade-ins are not addressed in this contract. If a purchaser has a desire to offer vehicles/equipment for trade to the vendor, the purchaser and dealer may do so at their sole discretion, separate and apart from this contract. 1.03 TERM OF CONTRACT This contract shall remain in effect for one (3) three year from date of contract execution by the FSA, and may be renewed by mutual agreement, at the sole option and discretion of the FSA, pursuant to the terms of Section 3.04. The term of contract begins May 1, 2020 and ends March 31, 2023. Contract extensions will only be executed when the FSA determines, based on then-existing conditions, that it is in the best interest of the FSA and the purchasers to do so. 1.04 QUANTITIES FSA does not guarantee quantities future contract sales. Vendors are expected to engage in business marketing and sales best practices to participate in the contract. 1.05 SHERIFF AS COUNTY CONSTITUTIONAL OFFICER The Offices of the Sheriff in the State of Florida are constitutional offices of the State of Florida. Each has the authority either individually or collectively to execute contracts for all goods and services for the proper conduct of that office. Section 30.53, Florida Statutes, exempts the sheriffs’ offices from the provisions of the Florida Statute that would otherwise require sealed and competitive bidding procedures. It is the FSA’s practice to give consideration to the prices offered, but the Office of the Sheriff is not required by law to accept the lowest priced proposal and may reject any or all of the proposals without recourse. Bidders are solely responsible for their own bid preparation costs and nothing in this solicitation in any way obligates the participating sheriffs’ offices for any payment for any activity or costs incurred by any bidder in responding to this solicitation. 1.06 FUNDING In the case of certain purchasers, including state agencies, funds expended for the purposes of the contract must be appropriated by the Florida Legislature, the individual participating agency or the agency’s appropriating authority for each fiscal year included within the contract period. For such agencies, their performances and obligations to pay for products or services under any resulting contract, or purchase order, are contingent upon such an annual appropriation by the Legislature, individual agency or by the appropriating authority. Therefore, any contract or purchase order with such an agency shall automatically terminate without penalty or termination costs in the event of non-appropriation. 1.07 CURRENCY All transaction amounts, bids, quotes, provisions, payments or any part of this contract relating to currency are to be made in United States Dollar. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 7 2020-2023 Fire Rescue Vehicles & Other Equipment 1.08 GENERAL DEFINITIONS a) Bidder: A proposer or enterprise that submits a formal offer to the FSA Cooperative Purchasing Program Administrator in accordance with the Contract Terms and Conditions. b) Bid System: The online forum used for the submission of electronic bids and review of bid results for the specifications connected to this Invitation to Bid. VendorLink is the software used for this bid. c) Dealer: A manufacturer’s certified representative, authorized by the manufacturer to market, sell, or provide, the vehicles or equipment for the FSA Cooperative Purchasing Program. Dealers may be vendor-owned and controlled, in whole or in part, or independently owned and controlled. d) End User: The person or entity who ultimately uses or is intended to use a product or for whom a product is designed for use. e) Factory: Refers to the manufacturer produced products. f) Florida Sheriffs Association Cooperative Purchasing Program (FSA): The entity that administeres the Invitation to bid and contract administration functions for this contract. g) Fleet Advisory Committee: An employee of a sheriff’s office or local government, or any other person who FSA identifies as subject matter expert, who assists with the development of bid specifications and the evaluation of bid responses. The Fleet Advisory Committee makes recommendations to the FSA and is not responsible for final awards. h) Invitation to Bid: A competitive solicitation and award process established through the issuance of an invitation to vendors, dealersand manufacturers to submit a price offer on a specific product to be provided. This term shall include the bid specifications available to bidders on the bid system and references to solicitation documents. The term shall not include request for proposals, request for quotes, request for letters of interest, or the solicitation of purchase orders based on oral or written quotations. i) Manufacturer: The original producer or provider of vehicles or equipment offered on this contract. j) Manufacturer’s Suggested Retail Price (MSRP): Manufacturer’s Suggested Retail Price (MSRP) represents the Manufacturer’s recommended retail selling price, list price, published list price, or other usual and customary price that would be paid by the Purchaser. The following are acceptable sources of current MSRPs and MSRP Lists for use in submission of the bid solicitation and the resulting contract: 1. Manufacturer’s Annual U.S. Price Book 2. Manufacturer’s official website k) Non-Scheduled Options: Any optional new or unused component, feature or configuration that is not included or listed in the base vehicle specifications or options. l) Production Cutoff: A term used by manufacturers to notify dealers that the factory has reached maximum capacity for orders. Vehicle manufacturers use this term when referring to any given model year for production. m) Published List Price: A standard “quantity of one” price currently available to government and educational purchasers, excluding cooperative, volume discounts, or other discounts. n) Purchase Order: A request for order from a purchaser to an awarded vendor for an item that has been awarded on this Contract. Purchaser orders placed using this contract formalize the terms and conditions of this contract under which a vendor furnishes vehicles or equipment to a purchaser. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 8 2020-2023 Fire Rescue Vehicles & Other Equipment o) Purchaser: A purchaser is an entity that seeks to obtain vehicles off this contract by meeting the eligible user criteria or with vendor approval. p) Remount: To remove the ambulance box from an existing vehicle and mount it to a new vehicle cab and chassis. q) Specification Bid Document: The specification bid document contains the minimum base requirements and bond requirements for each specification within the competitive bid. This document also contains submission of bid pricing and discount, and must be included as part of the Submittal of Bid. r) Third Party Supplier: Businesses external to a bidder or vendor that provide products or services which contribute to the overall finished vehicle. Third Party Suppliers are contractors under the direction and responsibility of the bidder or vendor. Third party suppliers may also be referred to as upfitters or remount service providers within this document. s) Vendor: The bidder that has been awarded and agrees to provide products, vehicles, or equipment, which meet the requirements and base specifications to eligible purchasers. The vendor must agree to the contract terms and conditions before being awarded the contract. t) Vendor Installed: A product or service provided by the vendor or other third party; not the factory. 1.09 ELIGIBLE PURCHASERS OF CONTRACT Awarded bids, or contract prices, will be extended and guaranteed to any unit of local government or political subdivision of the State of Florida. This includes, but is not limited to counties, municipalities, sheriffs’ offices, clerks, property appraisers, tax collectors, supervisors of elections, school boards or districts, water management districts, police and fire departments, emergency response units, state universities and colleges, special districts, or other state, local or regional government entities within the State of Florida. All purchasers are bound by state law, local ordinances, rules and regulations for purchases made under this contract. Participating agencies cannot guarantee any order other than those ordered by the individual agency. In addition, bids can be extended and guaranteed to other entities approved by manufacturers to participate in this contract to include out of state sales. Vendors are governed by their manufacturer’s agreement, and must agree to the terms and conditions of this contract. Vendors that wish to extend contract pricing to entities other than those defined here are governed by their manufacturer’s agreement, and must agree to the terms and conditions of this contract. 1.10 LEGAL REQUIREMENTS Federal, state, and local laws, ordinances, rules and regulations that affect the items covered herein apply. Lack of knowledge by the bidder or vendor will not be cause for relief from responsibility. 1.11 PATENTS & ROYALTIES The bidder, without exception shall indemnify and hold harmless the FSA and its employees from liability of any nature or kind, including costs and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the FSA or a purchaser. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 9 2020-2023 Fire Rescue Vehicles & Other Equipment 1.12 FEDERAL AND STATE STANDARDS It is the intent of FSA that all specifications herein are in full and complete compliance with all federal and State of Florida laws, requirements, and regulations applicable to the type and class of commodities and contractual services being provided. This includes, but is not limited to, Federal Motor Vehicle Safety Standards (FMVSS), Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA) Standards, Society of Autmomotive Engineers (SAE), Fire Apparatus Vehicle Standards, and Federal Ambulance Standards (KKK-A-1822F), which includes all subsequent change notices. All fire apparatus manufacturers must meet the National Fire Protection Association (NFPA) 1901 and 1906 standards. In addition, any applicable federal or state laws that become effective during the term of the Contract, regarding the commodities and contractual service specifications, safety, and environmental requirements shall immediately become part of the Contract. The vendor shall meet or exceed any such requirements of the laws and regulations. If an apparent conflict exists, the vendor shall contact the FSA Cooperative Purchasing Program Administrator immediately. The bidder shall obtain and pay for all licenses, permits and inspection fees for this bid submission and contract. 1.13 UNDERWRITERS’ LABORATORIES Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be Underwriters’ Laboratories, (U.L.), listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished. 1.14 AMERICANS WITH DISABILITIES ACT To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, or any accommodation to review any document or to participate in any FSA proceeding, please contact FSA Human Resources at (850)877-2165 five days in advance to initiate your request. TTY users may also call the Florida Relay Service at 711. 1.15 REASONABLE ACCOMMODATION In accordance with the Title II of the Americans with Disabilities Act, any person requiring an accommodation at the bid opening because of a disability must contact the FSA Human Resources at (850)877-2165. 1.16 MINORITY BUSINESS ENTERPRISE (MBE) The policy of the Florida Sheriffs Association is that Minority Business Enterprises (MBE) shall have the opportunity to participate in this invitation to bid. Such process would be for supplying goods and services to FSA and Purchasers. 1.17 ANTI-DISCRIMINATION The bidder certifies that he/she is in compliance as applicable by federal or state law with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 10 2020-2023 Fire Rescue Vehicles & Other Equipment 1.18 BEST COMMERCIAL PRACTICES The apparent silence of a specification and supplemental specifications as to any details or the omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices, size, and design are to be used. All workmanship is to be first quality. All interpretations of the specifications shall be upon the basis of this statement. 1.19 PUBLIC ENTITY CRIMES (PEC) In accordance with the Public Entity Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list maintained by the State of Florida Department of Management Services following a conviction for public entity crimes 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 public entity, may not be awarded or perform work as a vendor, supplier, sub-vendor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.20 TAX EXEMPTION All State and Federal tax exemptions applicable to the units of local government of the State of Florida will apply, as appropriate certifications are furnished. Purchasers shall comply with all federal, state and local tax requirements. The Florida Sheriffs Association is a 501(c)3 organization and is exempt from all Federal Excise and State Sales Taxes. State Sales Tax and Use Certificate Number is 85-8012646919C-3. 1.21 TAXES Customers making a purchase pursuant to the awarded bid are generally exempt from Federal Excise and State Sales Tax. It is the responsibility of the vendor to verify that the purchaser is exempt by obtaining the purchaser’s Federal Excise and State Taxes and Use Certificate Number. 1.22 ORDER OF PRECEDENCE IN THE EVENT OF CONFLICT In the event of conflict, the conflict may be resolved in the following order of priority (highest to lowest): 1. Addenda to Contract Terms and Conditions, if issued 2. Contract Conditions 3. Addenda to Specification Bid Document, if issued 4. Specification Bid Document 5. Bidder Instructions 6. General Conditions 1.23 COMMUNICATIONS Communications between a proposer, bidder, lobbyist or consultant and FSA are limited to matters of process or procedure and shall be made in writing to the contact persons identified in Section 1.01 of this procurement. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 11 2020-2023 Fire Rescue Vehicles & Other Equipment Bidders should not rely on representations, statements, or explanations other than those made in this Bid or in any written addendum to this Bid, and no oral representations, statements, or explanations shall be deemed to bind the FSA or eligible users. 1.24 CLARIFICATION AND ADDENDA Any questions or clarifications concerning the Invitation to Bid shall be submitted by e-mail to CPP@flsheriffs.org. The bid title and number should be referenced on all correspondence. Final questions must be received by the date for Request for Clarification stated on the Bid Calendar. Questions and answers will be posted to the FSA Cooperative Purchasing Program website on the date indicated on the Bid Calendar. Interpretation of specifications or solicitation documents will not be made verbally. If any verbal clarifications are provided, they are without legal effect. Questions received after the cone of silence date listed on the bid calendar will not be addressed. The FSA reserves the right address technical questions. The FSA shall issue a Formal Addendum if substantial changes which impact the submission of bids are required. Any such addenda shall be binding on the bidder and shall become a part of the solicitation document. In the event of conflict with the original specifications, addenda shall govern to the extent specified. Subsequent Addenda shall govern over prior Addenda only to the extent specified. FSA will make every attempt to e-mail updates to registered bidders. However, posting on the FSA website constitutes proper notice of addenda. The bidder shall be required to acknowledge receipt of the Formal Addendum by signing in the space provided. Failure to acknowledge Formal Addendum shall deem the bid non-responsive; provided, however, that pursuant to section 2.26, the FSA may waive this requirement in its best interest. The FSA will not be responsible for any explanation or interpretation made verbally or in writing except those made through the posting of a Formal Addendum. The bid submission constitutes acknowledgement of the addenda to the specifications. Bids that fail to account for the addenda shall reflect in bids being declared nonresponsive; however, that pursuant to Section 2.26, the FSA may waive this requirement in its best interest. After the start of the contract term, FSA will notify all awarded vendors of any addenda and will require acknowledgement of the new terms and conditions. If the awarded vendor does not agree to the new terms and conditions, the vendor’s award can be removed or replaced by another vendor or qualified, responsive bidder. 1.25 SIGNED BID CONSIDERED AN OFFER The signed Bid shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon approval by the FSA and in case of default on the part of successful bidder, after such acceptance, the FSA may procure the items or services from other sources. The bid submission must be signed by an authorized representative. An electronic signature may be used and shall have the same force and effect as a written signature. 1.26 ASSIGNMENT OF CONTRACT No right or interest in this Contract may be assigned, transferred, conveyed, sublet or otherwise disposed of, without prior written consent of the FSA. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 12 2020-2023 Fire Rescue Vehicles & Other Equipment If the original vendor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor-in-interest must perform all obligations under this Contract. FSA reserves the right to reject the acquiring entity as a vendor. A change of name agreement does not change the contractual obligations of the vendor. 1.27 TERMINATION OF PRODUCT LINE If an vendor terminates a product line (manufacturer or brand), the vendor is required to notify the FSA within 10 business days of the decision not to retain the product line. In the event a manufacturer reassigns the product line to an alternate vendor, the manufacturer and the vendor are required to immediately notify the FSA in writing of the change within 10 business days confirming the reassignment. If the vendor is not already an approved FSA vendor, the vendor is required to apply to the FSA to become an approved vendor prior to conducting any qualified sales. The vendor and the manufacturer are required to honor the contract pricing and all of the applicable terms and conditions throughout the remaining term of the contract. 1.28 METHOD OF AWARD The award is made to responsive and responsible bidders. FSA uses its discretion in determining if bids meet the requirements of this solicitation. The FSA reserves the right to make multiple awards within a specification, if deemed in the best interest of the FSA and the purchasers. Awards will be posted on the FSA website according to the date posted in the bid calendar. 1.29 DEMONSTRATION OF COMPETENCY Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial support, equipment and organization to ensure they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms "equipment” and “organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the FSA. The FSA may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder, including past performance with the FSA in making the award. The FSA may require Bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier which is the actual source of supply. In these instances, the FSA may also require information from the source of supply regarding the quality, packaging and characteristics of the products. Any conflicts between this material information provided by the source of supply and the information contained in the bid submission may render the bid nonresponsive. Pre-award inspection of the Bidder's facility may be made prior to the award of contract. Bids will only be considered from firms which are regularly engaged in the business of providing the goods or services as described in this Bid. Information submitted in the bid may not be plagiarized and, except in the case of materials quoted from this solicitation or developed by the manufacturer, must be the original work of the individual or company that submits the bid for evaluation. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 13 2020-2023 Fire Rescue Vehicles & Other Equipment 1.30 VENDOR ABILITY TO PERFORM During the contract period, FSA may review the vendor’s record of performance to ensure that the vendor is providing sufficient financial support, equipment and organization. If the FSA determines that the vendor no longer possesses the financial support, equipment and organization in order to comply with this section, FSA has the authority to immediately terminate the contract awarded. By responding to this procurement the vendor warrants that, to the best of his or her knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition that would in any way prohibit, restrain, or diminish the vendor’s ability to satisfy the obligations of the Contract. The vendor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statues, or on any similar list maintained by any other state or the federal government. The vendor shall immediately notify the FSA and the purchaser in writing if its ability to perform is compromised in any manner during the term of the contract. 1.31 FINANCIAL RESPONSIBILITY Bidder affirms by the signature on the contract signature page that the bidder: • Has fully read and understands the scope, nature, and quality of work to be performed or the services to be rendered under this bid, and has the adequate facilities and personnel to fulfill such requirements; • Accepts the financial responsibility associated with this bid, and declares that he or she has the access to capital (in the form of liquidity or credit lines) in order to meet the financial demands of such award; and • Has assessed the financial responsibility required to serve the contract as bid, including such details as the obligations to perform all specifications bid and quantities that could be ordered, as well as timing of payment from purchasers, which can be 45 days from receipt of invoice. 1.32 QUALITY AND SAFETY All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new. The items bid must be new, the current model year, of the best quality, and highest grade workmanship that meet or exceed federal safety standards. Products requiring certification should require certification of options in cases where non-certified options could result in the decertification of the original product or warranty. In all cases where options are not certified, the vendor must disclose to the end user that the non-certified options are not required to be certified. All options must meet or exceed federal safety standards. 1.33 NONCONFORMANCE Items may be tested for compliance with specifications. Items delivered that do not conform to specifications may be rejected and returned at the vendor's expense. Items not meeting the specificiations and items not delivered within a reasonable period of time after expected delivery date may be purchased outside of the FSA contract. Any violation of these stipulations may also result in: FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 14 2020-2023 Fire Rescue Vehicles & Other Equipment • Vendor's name being removed from the awarded vendor list. • FSA and purchasers being advised not to do business with vendor. 1.34 GRATUITIES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the FSA or the Fleet Advisory Committee, for the purpose of influencing consideration of this bid. 1.35 TIE BIDS FSA has the right to award multiple bidders the primary or alternate award in the event of a tie. In the event the FSA desires to break tie bids, and both businesses have qualifying drug-free work programs, the award will be made using the following criteria: • Bidder within the State of Florida • Vendors performance record with purchasers • Coin toss 1.36 RIGHT TO AUDIT Vendor shall establish and maintain a reasonable accounting system that enables FSA to readily identify vendor’s sales. FSA and its authorized representatives shall have the right to audit and to make copies of all related records pertaining to this contract, including all government sales and eligible users information whether kept by or under the control of the vendor, including, but not limited to those kept by its employees, agents, assigns, successors, sub-vendors, or third party suppliers in whatever form they may be kept – written or electronic. Such records shall include, but not be limited to: • Accounting records, including paid vouchers, cancelled checks, deposit slips, ledgers, and bank statements; • Written policies and procedures; • Subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, etc.); • Original estimates or work sheets; • Contract amendments and change order files; • Insurance documents; or • Memoranda or correspondence. Vendor shall maintain such records during the term of this Contract and for a period of three (3) years after the completion of this Contract. At the vendor’s expense and upon written notice from FSA, the vendor shall provide such records for inspection and audit by FSA or its authorized representatives. Such records shall be made available to FSA during normal business hours within three business days of receipt of the written notice. FSA may select the vendor’s place of business or offsite location for the audit. The FSA may also request the vendor provide requested records via e-mail. Vendor shall ensure FSA has these rights with vendor’s employees, agents, assigns, successors, and third party supplier and the obligations of these rights shall be explicitly included in any subcontracts or agreements formed between the vendor and any sub-vendors to the extent that those subcontracts or agreements relate to fulfillment of the vendor’s obligations to FSA. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 15 2020-2023 Fire Rescue Vehicles & Other Equipment Professional fees, personnel costs and travel costs incurred by FSA under its authority to audit and not addressed elsewhere will be the responsibility of FSA. However, if the audit identifies under reporting, overpricing or overcharges in excess of three percent (3%) of the total contract billings, the vendor shall reimburse FSA for the total costs of the audit not to exceed $5,000. If the audit discovers substantive findings related to fraud, misrepresentation, or non‐performance, FSA may recoup all the costs of the audit work from the vendor. Any adjustments or payments that must be made as a result of any such audit or inspection of the vendor’s invoices or records shall be made within a reasonable amount of time. This time period shall not exceed 60 days from FSA’s presentation of findings to the vendor. FSA has the right to assess damages or seek reimbursements or refunds based on audit results. 1.37 LIABILITY, INSURANCE, LICENSES AND PERMITS Where bidders are required to enter or go onto FSA or purchaser property to deliver materials or perform work or services as a result of a bid award, the vendor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable county and municipal code requirements. The bidder shall be liable for any damages or loss to the FSA or purchaser occasioned by negligence of the bidder or any person the bidder has designated in the completion of the contract as a result of his or her bid. 1.38 BID BONDS, PERFORMANCE BONDS, AND CERTIFICATES OF INSURANCE Bid Bonds shall be submitted with the bid in the amount of five (5) percent of each item bid. After acceptance of bid, the FSA will notify the successful bidder to submit the applicable certificates of insurance in the amounts specified in the Bidder Instructions, Specification Bid Document or Insurance Checklist. A letter from a bonding company licensed to do business in Florida must be submitted with the bid stating that the manufacturer will provide a 100% Performance Bond between the bidder and the purchaser upon award of this bid and upon request of the purchaser. Purchaser may request a performance bond from a vendor. Performance Bonds are recommended with pre-payment and will be at the expense of the requesting agency. Purchasers should determine the best practice in comparing performance bond expense against any prior discounts that may be available. 1.39 ELIMINATION FROM CONSIDERATION This Invitation to Bid shall not be awarded to any person or bidder who has outstanding debts to the FSA, whether in relation to current or previous bid awards or for other business purposes. 1.40 COLLUSION Collusion is a non-competitive secret or sometimes illegal agreement between bidders that attempts to disrupt the contract process. Collusion involves people or companies that would typically compete, but are conspiring or working together in which the outcome results in an unfair bid advantage. The parties may collectively choose to agree to increase or decrease its product base price to maximize awards thus denying the public a fair price. Examples of Bid Collision: FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 16 2020-2023 Fire Rescue Vehicles & Other Equipment • Cover bidding: a competitor agrees to submit a non-competitive bid that is too high to be accepted or contains terms that are unacceptable to the purchaser. • Bid suppression or withdrawal: a competitor agrees not to bid or to withdraw a bid from consideration. • Market sharing outside of a manufacturer’s recognized territory: a competitor agrees to submit bids only in certain geographic areas or only to certain public organizations. • Bid rotation: competitors agree to take turns at winning business while monitoring their market shares to ensure they all have a predetermined market share. Bidders or vendors who have been found to have engaged in collusion will be considered nonresponsive, and will be suspended or barred from bid participation. Any contract award resulting from collusive bidding may be terminated for default. Further, any collusion that is detected by the FSA may be reported to relevant law enforcement and/or prosecutorial agencies. Bidders may submit multiple bids without conflict of collusion if the bid submitted is not from the same manufacturer and product line. Vendors which share the same ownership may submit multiple bids without conflict of collusion if the bidders are not in the same region featuring the same manufacturer and product line. 1.41 DEFAULT Failure or refusal of a bidder to execute a contract upon award or withdrawal of a bid before such award is made, may result in forfeiture of the bid surety required that is equal to damages incurred by the FSA, or where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the awarded vendor’s list. In case of default on the part of awarded bidder, the FSA may take necessary steps to otherwise procure the products sought, including but not limited to procuring the products or services from the next highest ranked bidder or from other sources. A defaulting bidder may be held liable for costs incurred by the FSA in procuring replacement products. 1.42 PROTESTS AND ARBITRATION Options are for informational purposes only and will not serve as a basis for protest. Any person who is adversely affected by the decision or intended decision to award shall file a “Notice of Protest” in writing to the FSA within three (3) business days after the posting of the Intent to Award and shall file a formal written protest within five (5) business days after filing the Notice of Protest. Failure to file both a notice of protest and a formal written protest within the above referenced timelines shall constitute a waiver of proceedings. The burden is on the party protesting the award of the bid to establish grounds for invalidating the award(s). The formal written protest must state with particularity the facts and law upon which the protest is based. Failure to do so will result in a denial of protest. Formal written protest which states with particularity the facts and law upon which the protest is based will be reviewed by FSA legal counsel for legal soundness and validity, and corrective action will be taken as needed contingent upon the validity of such claims. However, any additional time required and cost incurred by the FSA to substantiate a protesting party’s claim(s) beyond the normal scope of its legal review due to the vague or inconclusive nature of the protesting party’s filing will be reimbursable to the FSA and deducted from the protesting party’s bond or security which must accompany their filing. Any bidder who files an action protesting a decision or intended decision pertaining to this contract shall post a bond, cashier’s check or money order payable to the Florida Sheriffs Association in the amount equal to ten percent of the FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 17 2020-2023 Fire Rescue Vehicles & Other Equipment product line being protested. The bond, cashier’s check or money order must be filed at the time of filing the formal written protest or within the five (5) business day period allowed for filing the formal written protest. FSA will provide the amount required within two (2) business days of the notice of protest received. This bond or security will be conditioned upon the payment of all costs which may be adjudged against the protesting party in a court of law and/or to reimburse the FSA for additional legal expenses incurred and required to substantiate the protesting party’s claim(s). Failure to post the bond or security requirement within the time allowed for filing will result in a denial of protest. The filing of the protest shall not stay the implementation of the bid award by the Florida Sheriffs Association. Should the unsuccessful bidder(s) decide to appeal the decision of the FSA, they shall file a notice to FSA within three (3) business days of the FSA bid protest decision regarding their intent to request arbitration. A demand for arbitration with the American Arbitration Association’s (AAA) commercial panel under its rules and regulations must be made within ten (10) business days of the FSA bid protest decision. Any person who files for an arbitration with the AAA shall post with the Florida Sheriffs Association at the time of filing the formal written arbitration request, a bond, cashier’s check or money order payable to the Florida Sheriffs Association in the amount equal to ten percent of the product line being protested. This amount will be the same amount as the FSA provided at the time of filing the initial protest. Failure to provide written notice to FSA, file a demand for arbitration with the AAA, or failure to post the required bond and security requirement within the specified timelines shall constitute a waiver of arbitration proceedings. By responding to this procurement the bidder expressly agrees to the use of mandatory binding arbitration to resolve any appeals of the decision of the FSA, and any claims arising from or in any way relating to the procurement process, and expressly waives any and all rights that it may otherwise have to pursue such claims in any other forum, judicial or otherwise. If the party filing for arbitration does not prevail, it shall pay all costs, legal expenses and attorney fees of the prevailing party incurred in connection with the arbitration. However, if the filing party prevails, the parties shall share equally the fees and expenses of the arbitration and AAA and each shall bear the cost of their own attorney fees. The filing for arbitration shall not stay the implementation of the bid award by the Florida Sheriffs Association. 1.43 NONPERFORMANCE By virtue of the bid submission, bidder acknowledges its obligation to sell vehicles and equipment for which it is awarded. Failure of the bidder to comply with these requirements may result in the imposition of liquidated damages of up to $1,000 per vehicle/equipment, which amount the vendor agrees is reasonable, or probation, suspension, termination or a combination thereof from current and future bids at the FSA’s discretion. The vendor shall at all times during the contract term remain responsive and responsible. In determining vendor’s responsibility, the FSA shall consider all information or evidence that demonstrates the vendor’s ability or willingness to fully satisfy the requirements of the solicitation and the contract. Vendors that are not in compliance with any of the provisions of this contract can be assessed liquidated damages, suspended or terminated from the contract. The FSA at it’s sole discretion may remove a noncompliant vendor from future competitive bid solicitations; or take other actions including suspension from the contract until compliance issues are resolved, limit current or future vendor participation by specifications or zones, or other actions as determined by FSA at it’s sole discretion. At FSA’s discretion, vendors may be required to develop corrective action plans to address contract compliance. Failure to abide by corrective action plans will result termination from the existing contract and future competitive bid solicitations at the discretion of the FSA. In situations where there is evidence that the vendor has demonstrated egregious breaches of contract with the FSA or a purchaser, the contract can be terminated and the vendor will be removed from future solicitations for a period of three (3) years, or up to a permanent ban from the bid process at the sole discretion of FSA. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 18 2020-2023 Fire Rescue Vehicles & Other Equipment Specific conditions for termination include, but are not limited to, failure to perform, refusal to accept orders during the contract period while manufacturer orders are still being accepted for current model year or the new year if the vehicle is price protected by the factory, charging amounts exceeding MSRP on factory or dealer installed items and packages, requiring the purchase of additional options over and above the base vehicle as a condition of acceptance of order, providing aftermarket options where factory options are available without the consent of the purchaser, any misrepresentations of optional equipment or service as being factory that fails to meet the definition as described in this document, and any other practice deemed to be inconsistent with the intent of the contract. Any vendor presented with a valid purchase order is required by this contract to accept the purchase order and deliver the product. Orders must be fulfilled if the vehicle or equipment is a base model or whether it includes options. The vendor must deliver the product if they were awarded the contract – regardless of profit or loss. Failure to deliver the vehicle or equipment may result in the purchaser seeking damages for the difference of cost to issue the exact same order with another vendor plus any legal fees and damages that may be incurred in the process to facilitate a completed order. Additionally, FSA may seek damages for nonpayment of administrative fees, to which FSA is entitled, according to section 3.28, and any attorneys fees incurred in the recovery of these damages. 1.44 SEVERABILITY In the event any provision of this contract is held to be unenforceable for any reason, the unenforceability thereof shall not affect the remainder of the contract which shall remain in full force and effect and enforceable in accordance with its terms. 1.45 TERMINATION FOR CAUSE If through any cause within the reasonable control of the successful bidder, it shall fail to fulfill in a timely manner, or otherwise violate any of the terms of this contract, the FSA shall have the right to terminate the services remaining to be performed. Written notice shall be given to the vendor and unless the deficiencies are corrected within 10 (ten) business days, the Contract may be terminated for cause immediately. The right to exercise the option to terminate for cause shall be in the sole discretion of the FSA, and the failure to exercise such right shall not be deemed to constitute a waiver of this right. In that event, the FSA shall compensate the successful bidder in accordance with the contract for all services performed by the bidder prior to termination, net of any costs incurred by the FSA as a consequence of the default. Notwithstanding the above, the vendor shall not be relieved of liability to the FSA for damages sustained by the FSA by virtue of any breach of the contract by the vendor, and the FSA may reasonably withhold payments to the vendor for the purposes of offset until such time as the exact amount of damages due the FSA from the vendor is determined. 1.46 TERMINATION WITHOUT CAUSE The FSA can terminate the contract in whole or part without cause by giving written notice to the vendor of termination for convenience which shall become effective 30 days following receipt by vendor of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the FSA. The vendor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the contract, if any. The vendor shall not be entitled to recover any lost profits that the vendor expected to earn on the balanced of the contract or cancellation charges. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 19 2020-2023 Fire Rescue Vehicles & Other Equipment Any payments to the vendor shall be only to the total extent of the FSA liability for goods or services delivered prior to the date of notice to terminate the contract. 1.47 CONTRACT ADVERTISMENT AND USE OF LOGO The CPP logo is an official logo of the Florida Sheriffs Association designed to promote the program. The logo may be used by vendors in accordance with this policy. Use of the logo is limited to the original version received from the FSA. Modifications are not permitted. Methods of use include, but are not limited to: • Electronic mediums such as websites, digital marketing campaigns, social media and e-mail; or • Print media such as forms, marketing campaigns, business cards, posters, banners, brochures, flyers and postcards. Vendors may request the logo by contacting cpp@flsheriffs.org, and should include a brief description of the how the vendor intends to use the logo. The official FSA sheriff's star and wreath logo may not be used without prior written permission. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 20 2020-2023 Fire Rescue Vehicles & Other Equipment 2.0 BIDDER INSTRUCTIONS 2.01 FIRST YEAR BIDDER QUALIFICATIONS In order for bids to be considered, bidders who are not currently parties to the existing contract, or who have previously had their participation limited by the FSA, must provide the following material at the time the mandatory qualifying documents are due. FSA reserves the right to accept this information up and until the final award. The purpose of requesting this information is to demonstrate that they are qualified to satisfactorily perform as an awarded vendor. The bidder shall provide information as on the Bidder Qualifications Form: • Bidder company name and parent company, if applicable • Complete business address • State of incorporation • Length of time in business • Names and contact information for key personnel • Dun & Bradstreet number: By providing this number, the bidder agrees and authorizes FSA to obtain their financial information/reports from these entities • Identify a minimum of three contracts of similar size and scope • Identify a minimum of three references for vehicle or equipment sales to government agencies • Any contracts the bidder has been disqualified from, terminated from or found in default on, to include the reason for disqualification, termination or default 2.02 LICENSING & FACILITIES Bidders are required to possess a Florida Department of Highway Safety and Motor Vehicle Dealer’s License in order to bid on any motor vehicle as required by Florida Statute, 320.27. Bidders that are manufacturers are required to possess a Florida Department of Highway Safety and Motor Vehicle Manufacturer’s License as applicable by Florida Statute, 320.60-320.70. Bidders must maintain a repair/warranty facility within the State of Florida to provide sales and service for the vehicles and equipment bid. If a bidder does not maintain a facility to perform warranty work or repair service within the state of Florida, the bidder must provide a detailed plan at the time of bid submission as to how the bidder would service Florida purchasers if awarded the contract. This Service Standard Plan must include: • Whether the warranty service provider is approved by the manufacturer; • Estimated quantities sold per item bid; • If the company plans to contract out for service a copy of the service agreement; and • Zone specific service plans to include: o Response time to initial call from purchaser, o Number of personnel available to service the contract, o Qualifications of personnel providing warranty work, and o Any additional information that would detail how warranty service would be provided. The sufficiency of Service Standard Plan will be evaluated by the FSA during the bid evaluation. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 21 2020-2023 Fire Rescue Vehicles & Other Equipment The FSA reserves the right to periodically request additional or updated information from a bidder regarding the repair/warranty facility during the solicitation and the term of the contract, if awarded. The FSA may also exercise discretion in examining such facility as deemed necessary. 2.03 INSURANCE AND INDEMNIFICATION Vendor shall be fully liable for the actions of its agents, employees, partners, or third party suppliers and shall fully indemnify, defend, and hold harmless the Florida Sheriffs Association, the participating agencies, and their officers, agents, and employees from suits, actions, damages, and costs of every name and description, including legal counsels’ fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by bidder, its agents, employees, partners, or third party suppliers; provided, however, that the bidder shall not indemnify for that portion of any loss or damages resulting directly from the negligent acts or omissions of the Florida Sheriffs Association and participating agencies or proximately caused by intentional wrongful acts or omissions of the Florida Sheriffs Association and participating agencies. Vendor’s obligations under the above paragraph with respect to legal action are contingent upon the Florida Sheriffs Association and/or participating agencies giving the bidder (1) written notice of any action or threatened action, and (2) the opportunity to take over and settle or defend any such action at bidder’s sole expense. Vendor shall not be liable for any cost, expense or compromise incurred by the Florida Sheriffs Association, or participating agencies, in any legal action without bidder’s prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed. The vendor shall be responsible for the work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. The vendor shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the vendor is acting as an independent contractor. The vendor at all times during the full duration of work under this contract, including extra work in connection with this project shall meet the requirements of this section. The vendor shall maintain automobile liability insurance including property damage covering all owned, non-owned or hired automobiles and equipment used in connection with the work. The vendor shall maintain comprehensive general liability insurance and general aggregate insurance in the amount and coverage levels specified on the Insurance Checklist. The vendor shall maintain insurance to cover garage operations in the amount specified on the Insurance Checklist. No change or cancellation in insurance shall be made without 30 days written notice to the FSA. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least B+: VI or better per Best's Key Rating Guide, latest edition. Copies of original signed Certificates of Insurance, evidencing such coverages and endorsements as required herein shall be filed within five days after bid opening. The certificate must state Bid Number and Title. Vendor may not begin performance under the contract until such Certificates have been approved by the FSA. Upon expiration of the required insurance, the vendor must submit updated certificates of insurance for as long a period as any work is still in progress. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 22 2020-2023 Fire Rescue Vehicles & Other Equipment It is understood and agreed that all policies of insurance provided by the vendor are primary coverage to any insurance or self-insurance the FSA possesses that may apply to a loss resulting from the work performed in this contract. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the FSA. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: The vendor hereby agrees to indemnify and hold harmless the FSA, a 501(c)3, its officers, agents, and employees from all claims for bodily injuries to the public and for all damages to the property per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable legal counsel fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the vendor, his agents, servants, or employees, or through the mere existence of the project under contract. The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the FSA, its officers, agents, and employees, as determined by a court of competent jurisdiction. The vendor will notify the insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. The vendor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the FSA under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. The vendor will secure and maintain policies of third party suppliers. All policies shall be made available to the FSA upon demand. Compliance by the vendor and all third party suppliers with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the vendor and all third party suppliers of their liabilities and obligations under any section or provisions of this contract. Vendor shall be as fully responsible to the FSA for the acts and omissions of the third party suppliers and of persons employed by them as he is for acts and omissions of persons directly employed by the vendor. Insurance coverage required in this contract and the Specification Bid Document shall be in force throughout the contract term. The required Insurance Checklist summarizes the bidder’s insurance obligations, if awarded. Any insurance requirements listed in the Specification Bid Document supercedes the amounts listed in the Insurance Checklist. Additionally, any vendor that uses a third party supplier for remount services must ensure that the third party supplier maintains the insurance requirements in Section 3.16 (Remount Ambulance). The FSA can request and the vendor shall furnish proof of insurance within seven days of receipt of the written request from FSA. Should the vendor fail to provide acceptable evidence of current insurance during the contract term, the FSA shall have the right to consider the contract breached and justifying the termination thereof. If bidder does not meet the insurance requirements; the FSA may consider alternate insurance coverage. 2.04 SPECIFICATIONS All units covered by this contract and the base specifications shall be the manufacturer’s current basic production model, and at a minimum shall be equipped with all standard factory equipment in accordance with the manufacturer’s latest FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 23 2020-2023 Fire Rescue Vehicles & Other Equipment literature unless otherwise noted in the specification bid document. If awarded, bidders must supply a unit that meets or exceeds the requirements included in the applicable base specifications. The bid specifications are contained in the FSA Bid System, as specification bid documents. The FSA base specifications are incorporated in this document by reference. Bidders are required to provide all information requested on the price sheets or may have their bid rejected. All vehicles, equipment, options, and features provided must be designed, constructed, and installed to be fully suitable for their intended use and service. 2.05 FIXED PRICES If the bidder is awarded a contract under this Invitation to Bid, the prices quoted by the bidder on the Bid Forms at the time of bid submission shall remain fixed and firm during the term of this contract, unless otherwise addressed in a contract extension or annual price adjustment as provided in this contract. 2.06 SEALED BIDS For purposes of this solicitation, a sealed bid is considered a bid submitted using the FSA Bid System. 2.07 EXCEPTIONS TO TERMS AND CONDITIONS Any exceptions, deviations, or contingencies a bidder may have to specifications or Contract Conditions, Section 3.0 of this document, must be documented in bidder’s submission. Exceptions to the specifications at the time of the bid submission shall reference the specification or item number and a written explanation for the request for exception. At FSA’s discretion, exceptions, deviations, or contingencies to the specifications or Contract Conditions stipulated by the bidder may result in disqualification of a bidder’s submission. Specifications are based on the most current manufacturer literature available. Bidders should immediately notify the FSA of any inaccuracies in the specifications or required submittal documents. All notifications of inaccuracies must be in writing and timely submitted. Failure of a bidder to comply with these provisions will result in bidders being held responsible for all costs required to bring the vehicle into compliance with the contract specifications. Exceptions, deviations or contingencies to the General Conditions or Bidder Instructions, other than those determined to constitute minor irregularities and waived by the FSA pursuant to Section 2.26, may be cause for the rejection of a bidder’s submission. 2.08 MISTAKES Bidders are expected to examine the specifications, delivery schedules, bid prices and all information pertaining to servicing this contract before submitting a bid. Failure to do so will be at the bidder's risk. 2.09 EQUIVALENTS FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 24 2020-2023 Fire Rescue Vehicles & Other Equipment Bidders must first request approval from the FSA before submitting a bid that includes an equivalent that will supplement an item on the base specification. The FSA will determine whether the proposed equivalent is equal to or exceeds the quality, design and construction than the intended replacement item in the base specification. Bidders must provide the manufacturer name and model number (or product identifier) of each equivalent when seeking approval. Complete, descriptive, technical literature should demonstrate that the equivalent conforms with specific replacement item. If the equivalent is approved, the bidder must include the supporting material in the bid submission. Bids will not be considered without this information. If a bid uses equivalents without prior approval, the bid will be deemed nonresponsive. Vendors offering alternate makes and manufacturers of vehicles or equipment that are not specifically identified in the bid, cannot publish or offer the unapproved equivalents. Offerings of this nature will cause the bid to be rejected. If such offerings are identified after the award has been granted, the offerings, specification or entire award can be removed by the FSA. When selling equivalents, vendors must disclose to the purchaser that an approved equivalent is being offered. 2.10 MANDATORY PRE-BID MEETING Prospective bidders are required to attend the mandatory Pre-Bid Meeting. The Pre-Bid Meeting is designed for vendors, the Fleet Advisory Committee and the FSA Cooperative Purchasing Team to meet in person to clarify questions on the terms and conditions and to confirm all base specifications are correct. Bidders have the opportunity to suggest technical modifications or corrections before the specifications are finalized. Questions relating to the specifications, the bid process, or award can be asked at the Pre-Bid Meeting. FSA reserves the right to grant attendance exceptions to the mandatory meeting if the bidder has requested prior authorization, has met all prequalification requirements, and agrees to sign a memo of understanding (MOU) and agree to meet all the terms and conditions without exception and further waive their right to protest the bid process in its entirety or any portion thereof. 2.11 QUALIFICATION Prospective bidders are required to prequalify by completing all qualification forms by the date listed on the Bid Calendar. A bidder becomes a qualified bidder if they comply with this section and Section 2.10, Mandatory Pre-Bid Meeting. Qualification forms include: • Drug-Free Workplace Form, • Insurance Checklist, • Manufacturer Authorization Form for each manufacturer bid by bidder, • Emergency Vehicle Technician (EVT) Certification, if bidder is offering emergency lighting and sirens, and • Qualified Bidder documentation as required in Section 2.01. The qualification forms are located in the Bid System. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 25 2020-2023 Fire Rescue Vehicles & Other Equipment 2.12 PRICES QUOTED Prices submitted as indicated in the sealed bid are final. Bidders acknowledge that prices quoted will be valid for a period of 60 calendar days from the date of bid opening. Each specification, make and model must be priced and bid separately. Prices quoted in the bid submission should reflect the final amount the bidder can expect to receive for payment for the specifications bid for the duration of the contract award, unless otherwise addressed by a contract extension or price adjustment as provided in the contract. These prices must be inclusive of all of the components included in the base specification. Discount percentage will be clearly indicated on the pricing sheet as a whole figure and will accurately reflect the amount the base vehicle has been discounted. Prices bid, including options, must include the administrative fee FSA charges to administer the contract, as outlined in Section 3.28 Administrative Fee. Prices must be Free On Board (FOB) destination. Once awarded, the vendor has the authority to offer discounts for prompt payment. Cash or quantity discounts offered will not be a consideration in determination of award of the bid. 2.13 OPTION PRICING Options may be sold, but only in connection with the sale of a base specification. The bidder shall offer discount below Manufacturer’s Standard Retail Pricing (MSRP) or manufacturers published list price for any factory options included in the bid submission and quotes to purchasers, if awarded. Options are intended to add or delete equipment or features from the base specification. Options can provide an upgrade or downgrade to a manufacturer’s model, such as a slightly different engine size, horsepower, or equipment, and should not be made available for purchase separate from the base vehicle or equipment. Bidders shall NOT use options to create a vehicle or equipment that is entirely different than the FSA base specification or are available as another specification bid on this ITB. The use of options to facilitate the sale of an alternate manufacturer’s product which is outside the scope of the written base specification will be determined nonresponsive and the bid will be rejected in whole or part by the FSA. The FSA has the discretion to disqualify bidders if the option pricing is excessive. Option pricing will include all costs of labor associated with the option and cost of labor should not be listed separately within the bid. If a bidder will offer registration and title services as a fee for service, the bidder must include the registration and title fee as a separate option (i.e. line item) for each item bid, see Section 3.23 for additional details. Government imposed fees should not be included in this option pricing. No other additional charges or fees are admissible. Purchasers are encouraged to negotiate option pricing with vendors. Discounts can be provided beyond option prices listed in the contract. The additional discounts for each add option shall be decided by the vendor. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 26 2020-2023 Fire Rescue Vehicles & Other Equipment Bidder must use proper factory codes for all factory options. Options available through the factory must be bid and supplied to purchaser as “factory” options, unless otherwise requested in writing by the purchaser. 2.14 SUBMITTAL OF BID Bidders are required to submit a bid using the FSA Bid System. Bid submissions include pricing for the base specification, as well as all other required documentation. The bid must be received by the date and time specified on the Bid Calendar. Failure to meet all submission requirements by the date indicated on the Bid Calendar will result in rejection of the bid. FSA Bid System: VendorLink Bidders must submit their bid electronically using the on Bid System, which is located at https://www.myvendorlink.com. Bids not submitted within FSA Bid System will be rejected. Bidders are encouraged to participate in training provided for the Bid System. User names and passwords will be issued to qualified bidders after registering in Vendorlink, qualified bidders will be invited to bid. Prices are to be rounded to the nearest whole dollar (i.e. $10, not $10.05). The bid system allows for cents, however the bid evaluation is based on the whole dollar. If a bidder submits bid pricing using cents, the following formula will be applied: • $.01-.49 will be rounded down to the prior dollar bid (e.g. $50.49 = $50) • $.50-.99 will be rounded to the next dollar (e.g. $50.50 =$51) Bid Submission To ensure correct bid submittal and formatting, Bidders shall: 1. Submit bid electronically through VendorLink for the applicable bid. 2. Upload files only in MS Word (.doc or .docx), Excel (.xls or .xlsx), and PowerPoint (.ppt or .pptx); Adobe Portable Document Format (.pdf); or Compressed File (ZIP) formats. 3. Enable printing on files submitted. 4. Separate and identify each part of the submission (i.e. document type, form type, content type) with a divider/separation page.) 5. Bids must be input into the standardized format in VendorLink. 6. Contact VendorLink technical support at support@evendorlink.com, if technical difficulties arise during bid submission. 7. Follow all instructions outlined in this Invitation to Bid and provide all requested information. Refer to Appendix H for bidder instructions for FSA bid system data entry. The bid submitted in the Bid System shall include the following documents: • Executed Contract Signature Page • Completed pricing sheet o Pricing sheet must be downloaded from the Bid System (VendorLink), completed, and uploaded back into the Bid System. Modifications to the format of the predefined Excel spreadsheet are prohibited, and will cause the bid to be rejected. • Bid Bond in the amount of five (5) percent of each item bid FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 27 2020-2023 Fire Rescue Vehicles & Other Equipment • Performance bone letter from a bonding company • Build sheet for each item bid o A build sheet is a document from the bidder or manufacturer that confirms that the vehicle or equipment bid matches the FSA base specification. If using the manufacturer’s print-out, the document shall indicate the manufacturer’s base model code and display the standard equipment required to provide the base vehicle or equipment as outlined in the FSA base specification. If vendor-installed aftermarket components are used to meet the base specification and these components must be identified on the build sheet. Build sheets for each item bid must be complied into a single .pdf document. Build sheets should be in numerical order by specification, clearly identifiable by specification or item number, and include model name and number. If FSA cannot determine which specification the build sheet is for, the item bid can be rejected as nonresponsive. • License and Certifications, as applicable o Emergency Vehicle Technician Certifications, as applicable o Florida Department of Highway Safety and Motor Vehicle Dealer Licence, as applicable o Florida Department of Highway Safety and Motor Vehicle Manufacturer License, as applicable o Any other safety certification or license applicable to specifications bid • Explanation of how warranty claims will be handled in the State of Florida, or Service Standard Plan, Section 2.02, as applicable • Any requested equivalents, Section 2.09, or exceptions, Section 2.07 FSA may ask awarded bidders to supply one hard copy set with original, written signatures and original compliance forms, prior to the contract execution. Hard copy bids should not be submitted unless specifically requested by FSA. 2.15 EXECUTION OF BID By submitting a response to this Invitation to Bid, the bidder agrees to the terms and conditions of this contract and to be bound by such terms and conditions if selected for award. The bidder must submit the Contract Signature Page with the signature of an authorized representative no later than the date of the final award. 2.16 MODIFICATION OR WITHDRAWALS OF BIDS A bidder may submit a modified bid to replace all or any portion of a previously submitted bid until the due date and time listed in the Bid Calendar. Modifications received after the bid due date and time will not be considered. Bids can be withdrawn in writing prior to the contract award. If a bidder believes that the bidder must withdraw the bid, the bidder must contact the FSA Cooperative Purchasing Program Administrator immediately. Bid withdrawals are handled on a case by case basis, and can result in a limitation of participation in future bids. 2.17 LATE BIDS The responsibility for submitting a bid before the stated due date and time on the bid calendar is solely and strictly the responsibility of the bidder. The FSA is not responsible for delays caused by technical problems, any internet outages or delays incurred by electronic delivery, or any other occurrence. Any reference to time will be based on Eastern Time. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 28 2020-2023 Fire Rescue Vehicles & Other Equipment 2.18 PUBLIC BID OPENING Bids shall be opened on the date and time specified on the Bid Calendar. The bid opening will occur at the Florida Sheriffs Association, 2617 Mahan Drive, Tallahassee, Florida. FSA shall communicate the bidder name and if they have provided all the required information. 2.19 DETERMINATION OF RESPONSIVENESS Determination of responsiveness will occur during the bid opening and evaluation. In order to be deemed a responsive bidder, the bid must conform in all material respects to the requirements stated in the Contract Terms and Conditions. As set forth in Section 2.24, FSA reserves the right to waive or allow a vendor to correct minor irregularities. 2.20 RESPONSIBLE BIDDER CRITERIA Bids will be evaluated to determine if eligibility and contract requirements are met. Responses that do not meet all requirements of this Invitation to Bid or fail to provide all required information, documents or materials may be rejected as nonresponsive. Bidders whose responses, past performance, or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of the Contract may be rejected as nonresponsible. In determining a responsible bidder, the following factors may be considered: • Adequacy of facilities, staffing, and financial resources; • Previous experience with FSA contract or other similar government contracts; • Ability to provide excellent customer service, including previous FSA contracts; and • Any other information relevant to the responsibility of a vendor that FSA is aware of. In addition to the requirements of Section 2.01, FSA reserves the right to request staffing, performance and financial information from any bidder during the evaluation process if FSA determines this information is necessary to award the bid. FSA reserves the right to determine which responses meet the requirements, specifications, terms and conditions of the solicitation, and which bidders are responsive and responsible. FSA further reserves the right to limit participation of bidders who, in FSA’s sole discretion, are determined to present responsibility concerns that call into question the bidder’s ability to perform but that do not rise to the level of requiring rejection of the bidder as nonresponsible. 2.21 BASIS FOR AWARD The FSA shall make awards to the lowest bidder by specification and by manufacturer to bidders deemed to be responsive and responsible. Awards may also be made to the second lowest bidder by specification and by manufacturer if applicable and determined to be in the best interest of the FSA and the purchaser. The Fleet Advisory Committee serves as the initial review for bid submissions. The Fleet Advisory Committee’s review is submitted to the FSA for final evaluation and determination of award. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 29 2020-2023 Fire Rescue Vehicles & Other Equipment The options in the bid shall be for informational purposes only and will not serve as a basis for bid protest. However, the FSA has the discretion to consider option pricing in making the award if doing so would be in the best interests of the FSA or the purchaser. FSA reserves the right to accept or reject any and all bids, and to waive any minor irregularity, technicality or omission if it determines that doing so will serve the purchaser’s best interest. 2.22 FIRM BID Bidder warrants by virtue of bidding it is submitting a firm bid and the prices quoted in their bid response will be good for an evaluation period of sixty (60) calendar days from the date of bid opening, and if awarded through the duration of the contract unless otherwise addressed by a contract extension or price adjustment as provided in this contract. By virtue of the bid submission, bidder acknowledges its obligation to sell vehicles and equipment for all bidder awards. Failure of the bidder to comply with these requirements may result in the imposition of liquidated damages of up to $5,000 per vehicle or equipment, which amount the vendor agrees is reasonable, or probation, suspension, termination or a combination thereof from current and future bids at the FSA’s discretion. 2.23 MINOR IRREGULARITIES / RIGHT TO REJECT The FSA has the right to accept or reject any and all bids, or separate portions thereof, and to waive any minor irregularity, technicality or omission if the FSA determines that doing so will serve its best interest or the best interest of the purchasers. A minor irregularity is a variation from the terms and conditions of this procurement that does not affect the price of the bid or give the bidder a substantial advantage over other bidders and thereby restrict or stifle competition and does not adversely impact the interests of the FSA or the purchasers. At its option, the FSA may allow a bidder to correct minor irregularities but is under no obligation to do so. In doing so, the FSA may request a bidder to provide clarifying information or additional materials to correct the irregularity. However, the FSA will not request and a bidder may not provide the FSA with additional materials that affect the price of the bid, or give the bidder an advantage or benefit not enjoyed by other bidders. The FSA may also reject any bids not submitted in the manner specified in this document. 2.24 CONE OF SILENCE This Invitation to Bid is subject to the Cone of Silence that begins the date the bid submission opens as indicated in the Bid Calendar. During this period all communications regarding this solicitation between FSA and Bidder will cease, except for procedural questions, questions regarding problems incurred in the use of the the bid system, or communications initiated by the FSA. All permitted communications during this period shall be made in writing to the procurement contacts identified in Section 1.01 of this Invitation to Bid. FSA is not responsible for bidder’s improper use of the bid system. Exceptions will be granted to this section should any bid system malfunctions occur. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 30 2020-2023 Fire Rescue Vehicles & Other Equipment 3.0 CONTRACT CONDITIONS 3.01 GENERAL REQUIREMENTS FOR ALL VEHICLES AND EQUIPMENT Once the bid has been awarded, the terms and conditions of this document become the Contract between the FSA and the awarded vendor. The terms and conditions apply to all vehicles or equipment purchased from the this contract. 3.02 STATEMENT OF AUTHORITY Each person signing the Contract Signature Page warrants that he/she is duly authorized to do so and binds the respective party to the Contract. 3.03 VENDOR CONTACT INFORMATION The vendor will maintain current contact information with FSA at all times. If a change occurs during the contract period, the vendor must notify the Administrator immediately. The Vendor Change Document must be completed, signed by an authorized representative and submitted via e-mail to CPP@flsheriffs.org. A sample Vendor Change Document is located in Appendix C and online at the FSA website. 3.04 OPTION TO RENEW & PRICE ADJUSTMENT Renewal Option The contract may be renewed by mutual agreement, initiated at the discretion of the FSA, for up to two (2) additional years, on a year to year basis. The FSA reserves the right to in its sole discretion elect to renew the contract in whole or in part. In the event that the contract is held beyond the term provided herein, it shall be on a month-to-month basis only and shall not constitute an implied renewal of the contract. Such a month-to-month extension shall be upon the same terms of the contract and at the compensation and payment provided herein. Price Adjustment Prior to completion of each contract term, and on an annual basis, the FSA will consider a price adjustment due to manufacturer certified price adjustments or as a result of any changes to national or state standards that require substantial cost adjustments. In the event of changes to national or state standards, the vendor must present verifiable changes in cost to FSA. The FSA will consider the cost changes and will make a final determination on the change in price. For any vendor-initiated adjustment to commence on the first day of the renewed contract term, or on an annual basis, the vendor's request or adjustment should be submitted 90 (ninety) days prior to expiration of the then current contract. The vendor-initiated adjustment request must clearly substantiate the requested increase or decrease. For manufacturer certified price adjustments, vendors must provide documentation to FSA that such price adjustments are not in excess of other bid contracts or cooperative purchasing agreements and indicate the government concessions or discounts offered. If no request is received from the vendor, the FSA will assume that the vendor has agreed that the optional term may be FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 31 2020-2023 Fire Rescue Vehicles & Other Equipment exercised without pricing adjustment. Any adjustment request received after the commencement of a new option period will not be considered. The The FSA reserves the right to accept the renewal adjustment or to allow the contract to fully or partially terminate and readvertise for bids, whichever is in the best interest of the FSA. 3.05 ADDITIONS AND DELETIONS The FSA can add, remove, discontinue or suspend any specifications, or portions thereof, from this bid or awarded contract when it is deemed to be in the best interest of FSA and the purchasers. This decision to take action may be based upon and not limited to: • Few or no sales; • Product recalls and other safety issues; • Vendor or Manufacturer performance; or • Lack of relevance of products/commodities. 3.06 EQUITABLE ADJUSTMENT The FSA may make an equitable adjustment to the contract terms or pricing at its discretion. 3.07 DISCOUNTS Discounts must be offered under this contract and shall be below Manufacturer’s Standard Retail Pricing (MSRP) or manufacturers published list price for each specification and option listed. Discounts must be clearly documented in the bidders submission. The vendor has the authority to offer additional discounts based on quantity, as well as additional manufacturer or vendor discounts. Discounts are not required on any state or federal fees and charges. Discount ranges are not permissible. Discounts must be a whole percentage with no decimal place (e.g. 10%). 3.08 CONDITIONS It is understood and agreed that any item offered or shipped as a result of this bid shall be the most current model offered, i.e. the most current production model at the time of this bid. 3.09 PRODUCTION CUTOFF Production cutoff refers only to cab and chassis configurations within bid specifications. The vendor shall notify the FSA no less than 60 calendar days prior to the close of final order date by the manufacturer when the final order date is during the term of the contract. Notification shall be provided in writing. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 32 2020-2023 Fire Rescue Vehicles & Other Equipment Purchase orders received by the vendor 10 business days prior to the final order date must be accepted and entered into the order system with the manufacturer. If a purchase order has been timely received by the vendor and the manufacturer fails to produce or deliver the production year vehicle, the vendor must provide the next year’s equivalent model at current contract prices. Purchase orders issued and received after the cutoff date will be subject to availability. In this case, the vendor and manufacturer have the discretion to choose whether to provide the next year’s model at current year’s prices until the end of the contract term. If the manufacturer cutoff date is during the term of the contract and will affect the purchaser’s ability to obtain the specifications, FSA may consider substitutions from the same manufacturer. 3.10 FACILITIES The FSA reserves the right to inspect the vendor’s facilities at any time with prior notice. 3.11 SUBSTITUTIONS The FSA or purchasers will not accept substitute orders of any kind. Vendors are expected to furnish the brand quoted in the bid once awarded. Any substitutes will be returned at the vendor’s expense. Delivery of substitutes and the delay in supplying the correct specification can be deemed grounds for termination for default. 3.12 EMERGENCY LIGHT AND SIREN CERTIFICATION STANDARDS Under Florida Statute 316.003(1), authorized emergency vehicles are defined as: Vehicles of the fire department (fire patrol), police vehicles, and such ambulances and emergency vehicles of municipal departments, public service corporations operated by private corporations, the Fish and Wildlife Conservation Commission, the Department of Environmental Protection, the Department of Health, the Department of Transportation, and the Department of Corrections as are designated or authorized by their respective department or the chief of police of an incorporated city or any sheriff of any of the various counties. Bidders that will provide or contract to provide emergency light and siren installation must also submit Emergency Vehicle Technician Certifications for the individuals working for the bidder or the designated third-party supplier who will perform the installation. FSA reserves the right to accept certifications up and until final award. Vendors that will install emergency lights and sirens are required to provide and install products that are Society of Automotive Engineers (SAE) certified. SAE Certifications must include Class 1 and Class 2 in order to be eligible for participation in the Contract. If a lighting or siren product installed on an emergency vehicle is not SAE Certified, the vendor can be found in default of the Contract. 3.13 FACTORY INSTALLED All options specified as factory installed are to be installed on the vehicle at the primary site of assembly and is to be the manufacturer’s standard assembly-line product. No aftermarket and no vendor-installed equipment will be accepted as factory installed. Vendors found supplying aftermarket or vendor-installed equipment where factory installed are specified may be required to retrieve all delivered vehicles and reorder new vehicles meeting the specifications. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 33 2020-2023 Fire Rescue Vehicles & Other Equipment All factory ordered options are to be original equipment manufacturer (OEM) and factory installed unless otherwise noted by the vendor and acknowledged in writing by the purchaser. Verbal agreements will not be recognized. Aftermarket parts, modifications, and factory produced parts and components ordered and installed by a vendor that do not meet the requirements of factory installed components, will be rejected for noncompliance with the requirements of the specification. In the event that a component that does not meet the specifications is found installed on a vehicle before or after the vehicle has been accepted by the Purchaser, the vendor shall be required to replace the vehicle with a vehicle that meets the required specifications, including factory installed components. In the alternative, the purchaser shall decide whether they will accept vendor installed components. 3.14 VENDOR INSTALLED All vendor-installed accessories shall be installed according to the manufacturer’s specifications. All such accessories must be manufactured by an established manufacturer of the product provided. Vendor is required to disclose Make and Model of product being offered and the location, design, and model must be approved by the purchaser prior to installation. Prior to any purchase, the vendor must also disclose the warranty of any item that is less than or exceeds the factory vehicle or equipment warranty coverage. A vendor that employs a third-party supplier or subcontracts technicians to install emergency equipment on vehicles purchased on this contract is required to utilize technicians that are certified in Emergency Vehicle Installation through EVT Certification Commission, Inc. or an approved equivalent. The FSA may at any time during the contract period request proof of the required certification. Any vendor that violates this provision will be considered in default of the contract. FSA may terminate the contract in accordance with Section 1.45 of this Invitation to Bid. 3.15 NON-SCHEDULED OPTIONS FSA attempts to include scheduled, factory and aftermarket options in the bid document. If a purchaser requests a non- scheduled option that is not included in the bid document, the vendor may provide this nonscheduled option. The purchaser has the opportunity to request the vendor’s discount pricing for any nonscheduled options during the quote process. At no time should the non-scheduled option exceed MSRP or Published List Price. Non-scheduled options should be listed as a separate line item and noted on the purchase order to include the price. All non-scheduled options are covered under these terms and conditions. 3.16 REMOUNT (AMBULANCE) It is the responsibility of the awarded vendor to ensure that any remount services meet or exceed all insurance requirements under the terms and conditions of the FSA Fire/Rescue Vehicles and Other Equipment Contract. Remount service providers shall maintain a minimum of $5,000,000 in Product Liability Insurance and a minimum of $1,000,000 in Professional Garage Keepers Liability Insurnace. Proof of adequate coverage shall be produced to the customer upon request. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 34 2020-2023 Fire Rescue Vehicles & Other Equipment All remount service providers are to be registered with National Highway Traffic Safety Administration(NHTSA), as a manufacturer. The remounter shall be familiar with, and follow, all applicable and/or recommended OEM guidelines and practices as published by the OEM chassis manufacturer. This shall include the strict compliance with the New Vehicle Standard, registration requirement, and the Incomplete Vehicle Document (IVD) for the appropriate chassis. The remounter company shall be financially able to adequately support a warranty obligation offered to the purchaser and provide proof from a third party financial institution to the purchaser upon request. The warranty that shall be offered at a minimum to the customer shall be as follows: 1. The remounter shall warrant the ambulance and furnished equipment against parts failure or malfunction due to design, construction, or installation errors, defective workmanship, and missing or incorrect parts for a minimum period of 12 months or 12,000 miles (whichever occurs first). 2. However, if the remounter received from any supplier or subcontractor additional warranty on the whole or any component of the ambulance, in the form of time and/or mileage, including any prorate arrangements, or the remounter generally extends to their commercial customers a greater or extended warranty coverage, the customer shall receive corresponding warranty benefits. It is also the responsibility of the awarded vendor to certify that it has inspected the remounted module for structural integrity and will supply a statement that includes date, time, and photographic proof of the inspection process to the purchaser. The remounter shall have written work process documentation to substantiate each step of the product and present to the awarded vendor upon completion of the remount. This shall include: 1. The evaluation and the physical assessment of the original vehicle; 2. The production sequence and process; and 3. Written and verified quality control and function checks. The remounter shall perform the following series of steps to determine viability of the proposed remount product: 1. The viability shall include a visual inspection of ambulance body module for overall condition to determine suitability for forward service life. This shall include the compatibility of the body to the proposed new chassis. This viability process shall include, and the remounter shall provide a Scope of Work to the awarded vendor, which shall include a detailed proposal to the customer: a notice of compliance of FMVSS requirements, including weight balance and payload projections and analysis. 2. The remounter shall inform the customer of any hidden deficiencies or defects discovered during the process; whereby remediation shall be mutually determined. 3. The remounter shall inspect and perform functionality testing in accordance to American Manufacturers Division of the National Truck Equipments Association standards. 4. The remounter shall provide final documentation of product and affix all applicable compliance labeling to the product. If a purchaser utilizes a remount service on its own initiative, the remount service provided shall be excluded from the terms and conditions of this Contract. 3.17 FORCE MAJEURE A vendor shall not be penalized for a delay resulting from the vendor’s failure to comply with delivery requirements if neither the fault nor the negligence of the vendor or its employees contributed to the delay and the delay is due directly FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 35 2020-2023 Fire Rescue Vehicles & Other Equipment to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the vendor’s control, or for any of the foregoing that third party suppliers if no alternate source of supply is available to the vendor. 3.18 DELIVERY TIME Vendors shall specify the estimated delivery time in calendar days for each item. The purchaser should consult the vendor regarding vehicle production schedules. Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays. 3.19 ORDER The vendor shall submit a copy of the purchase order to the Coordinator within 14 days of receipt from the purchaser. To initiate a purchase, a purchaser issues a purchase order to the vendor, which shall include: • The contract number and title; • Specification number and item(s) purchased; • Prices broken down by FSA base specification item, and additional options; • Purchaser’s federal identification number, and • Name, phone number and email address for the point of contact at the purchasing agency. Delivery or due dates should be discussed with the vendor at the time the quote is provided to the purchaser, or if no quote is provided, when the purchase order is delivered to the vendor. It is important to note that vendors do not have any control over production delays in schedules from the manufacturer. The purchaser should forward an executed copy of the purchase order to the FSA at the same time the purchase order is sent to the vendor. Emails or hard copies are accepted. Emails can be sent to coop@flsheriffs.org. If a vendor receives a purchase order for a specification for which they were not awarded, the vendor must notify the purchaser and return the purchase order to the purchaser within three (3) business days. All vehicles ordered prior to production cut off and in accordance with the contract shall be supplied in the manufacturer’s next model run of that class vehicle even if it requires supplying a later model at the original bid prices. Vendor shall place the order with the manufacturer within 10 business days of receipt of the purchase order. The vendor shall assure that all orders are placed in full compliance with the specifications and the terms and conditions of the Contract and the purchase order. It is the vendor’s responsibility to ensure that the vehicle or equipment ordered by the purchaser is fully compatible with all ordered options and that the vehicle complies with all applicable manufacturer and industry standards. The vendor’s acceptance of a purchaser’s order will indicate that the vendor agrees to deliver a vehicle that will be fully compatible with all of its options. Any changes that are required to bring a vehicle or equipment into compliance with the various options due to an incorrect order will be accomplished at the vendor’s expense. A Confirmation of Order form shall be completed by the vendor and returned to the purchaser 14 calendar days from receipt of purchase order without notification by the purchaser. The Confirmation of Order form is included in Appendix D. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 36 2020-2023 Fire Rescue Vehicles & Other Equipment 3.20 VEHICLE DELIVERY At a minimum, pre-delivery service shall include the following: • Standard Dealer and Manufacturer protocol for new vehicle delivery; • Cleaning of vehicle, if necessary, and removal of all unnecessary tags, stickers, or papers; • For cab and chassis, do not remove the window price sticker or supplied line sheet; • Speedometer must be correct regardless of the tires provided by the vehicle manufacturer or axle ratio furnished; • Owner’s manual and warranty manual to accompany each vehicle; and • A MSRP list sheet (window sticker) MUST be in the vehicle when it is delivered to the Purchaser, if applicable. Vehicles that are missing this form, or have forms that have been altered will not be accepted. The successful bidder shall be responsible for delivering vehicles that are properly serviced, clean and in first class operating condition. Vendor shall complete delivery of the vehicle to the purchaser within fourteen (14) calendar days of receipt of the vehicle from the manufacturer or equipment supplier. This deadline shall not apply to vehicles originating as an incomplete chassis. Receipt of a vehicle by the vendor is defined as acceptance of the vehicle from a common carrier at the vendor’s place of business or any third party’s place of business. Deliveries of less than 2,500 miles may be accomplished by driving the vehicle. Any delivery accomplished by driving the vehicle must be supervised and the driver must comply with manufacturer’s break-in requirements and all applicable traffic laws. Any delivery accomplished by driving fire rescue or emergency response vehicle must use an “OUT OF SERVICE” cover on light bars. All deliveries in excess of 2,500 miles shall be approved by the purchasing agency. Incomplete vehicles would be exempt. The purchaser has the option to reject a vehicle with more than 2,500 odometer miles, if not previously approved by the purchaser, or may deduct $0.51 cents per mile in excess of 2,500 miles from the invoice, unless distance above 2,500 miles was previously approved by the purchaser. This requirement also applies to redelivery of vehicles that were rejected upon initial delivery. All warranties shall begin at the time of delivery to the Purchaser. The purchaser’s warranty should not be active for incomplete vehicles or vehicles delivered to an upfitter before final delivery. Vendor shall notify the purchaser no less than twenty four (24) hours prior to delivery of the time and location, which shall reflect the mutually agreed upon delivery details. Transport deliveries must be unloaded and inspected by Purchaser. Deliveries not complying with these requirements may be rejected and will have to be redelivered at Vendor’s expense. All vehicles must contain no less than 1/4 tank of fuel as indicated by the fuel gauge at the time of delivery. For vehicles and equipment that have more than thirty five (35) gallons of capacity, a minimum of ten (10) gallons of fuel must be provided. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 37 2020-2023 Fire Rescue Vehicles & Other Equipment 3.21 INSPECTION AND ACCEPTANCE It is the responsibility of the Purchaser to inspect a vehicle for any damages. Each Purchaser shall make a good faith effort to inspect the vehicles or equipment before or at the time of delivery for acceptance. One (1) day is the suggested period for inspection. However, if reasonable accomodations for inspection cannot be made upon delivery, the Purchaser may have up to three (3) days to inspect the vehicle or equipment for acceptance. Inspection and acceptance will be at the Purchaser’s destination unless otherwise previously agreed upon location was provided in the purchase order. It is the purchaser’s responsibility to thoroughly inspect each vehicle prior to acceptance. Copies of the bid specifications and purchase order will be delivered with the vehicle. Purchasers are to inspect the vehicle and compare bid specifications, purchase order and manufacturer’s window sticker or manufacturer’s invoice to ensure vehicle meets or exceeds the requirements of the technical bid specifications and the submitted purchase order. Purchasers should inspect the vehicle for physical damage. Delivery of a vehicle to a purchaser does not constitute acceptance for the purpose of payment. Final acceptance and authorization of payment shall be given only after a thorough inspection indicates that the vehicle meets contract specifications and the requirements listed below. Should the delivered vehicle differ in any respect from specifications, payment can be withheld until such time as the vendor completes the necessary corrective action. Units shall be delivered with each of the following documents completed or included: 1. Copy of Customer’s Purchase Order 2. Copy of the applicable Vehicle Specification 3. Copy of Manufacturer’s Invoice or Window Sticker. Prices may be deleted from the manufacturer’s invoice 4. Copy of Pre-Delivery Service Report 5. Warranty Certification 6. One complimentary copy of the printed owner’s manual if requested, otherwise digital copies are acceptable 7. If the Vendor does not provide the tag and title, then the DHSMV 82040 (Application for Certificate of Title and/or Vehicle Registration) which requires a signature of authorized representative Deliveries that do not include the above forms and publications will be considered incomplete and can be refused. 3.22 REGISTRATION, TAG AND TITLE Costs of tag and title shall not exceed the statutory rates. FSA Administrative Fee does not apply to tag and title work. Title items shall be the responsibility of the vendor. The purchaser, if a government agency, has the authority to choose to register and title the vehicle. Reasonable administrative costs for registration and title services, including obtaining temporary tags, tag transfers, and new tags are permitted. All costs associated with obtaining, filing and shipping of tags shall be listed as an option during FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 38 2020-2023 Fire Rescue Vehicles & Other Equipment the bid submission for each item bid. Registration and title costs can include convenience fees, cost reimbursements for filing, obtaining or delivery of tags, or any costs over the original purchase price of the registration and title. Registration and title costs for registration and titling can be negotiated between the purchaser and the vendor. 3.23 CAB AND CHASSIS PURCHASES FSA highly recommends that all upfitting of cab and chassis be performed by vendors or third party suppliers that are licensed and/or certified to avoid unnecessary exposure to future liability. Vendors are required to register and title the vehicle when the cab and chassis upfitting work is completed by the vendor or the vendor’s selected third party supplier. Cab and chassis can be purchased from vendors without any required additional fitting by the dealer. However, in this situation vendors are not required to register and title the chassis. If an agency chooses to upfit the chassis with a third party supplier not selected by the vendor, then the third party supplier must perform the state mandated registration and title work upon completion of the upfitting. The requirements of Florida Statute 319.21 related to the manufacturer statement of origin apply to cab and chassis purchases. 3.24 INVOICING AND PAYMENTS Invoicing and payments shall be the responsibility of the vendor and purchaser placing orders using this contract. Vendors must invoice each purchaser independently. A Purchaser has three (3) working days to inspect and accept the vehicles or equipment. The Vendor shall be paid upon submission of invoices to the Purchaser after satisfacory delivery and acceptance of the vehicles and/or equipment. The Local Government Prompt Payment Act will apply to local governments to ensure timely payment of Vendor invoices. The Local Government Prompt Payment Act is defined in Sections 218.70–218.79 of Florida Statutes. 3.25 WARRANTY REPAIRS AND SERVICE All warranties shall begin at time of delivery and final acceptance by the purchaser. Failure by any manufacturer’s authorized representative to render proper warranty service or adjustments, including providing a copy of the warranty work order to the purchaser, may subject the vendor to suspension until satisfactory evidence of correction is presented to the FSA. 3.26 INADEQUATE SERVICE When vehicles and equipment require service or adjustments upon delivery, the vendor shall either remedy the defect, or be responsible for reimbursing the manufacturer’s local authorized dealer or other service provider to remedy the defect. Such service or adjustments shall be initiated by the bendor within 48 hours after notification by a purchaser, not to include weekends and holidays. Delivery will not be considered complete until all services or adjustments are satisfactory and the vehicle or equipment is redelivered. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 39 2020-2023 Fire Rescue Vehicles & Other Equipment The provisions of the delivery section shall remain in effect until the redelivery is accomplished. The cost of any transportation required shall be the responsibility of the vendor until the vehicles or equipment are satisfactory and accepted by the Purchaser. 3.27 REPORTING: PURCHASE ORDERS & QUARTERLY REPORTS Purchase Orders The Vendor must submit copies of purchase orders upon receipt to the FSA. Purchase orders are considered late if not submitted fifteen (15) days after the date of the purchase order. Vendors should scan a complete copy of the purchase order and attach it as a .pdf. Place the document title in the subject line of the e-mail and send purchase order copies to coop@flsheriffs.org. The files should be named using the following examples: Examples: County = Florida County, County of PO 12345 ABC County BCC PO 12345.pdf City = Florida City, City of PO 12345 ABC City PO 12345.pdf Sheriff = Sheriff Office of PO 12345 ABC Sheriff PO 12345.pdf Education = Institution Name PO12345 ABC County College PO 12345.pdf Quarterly Reports Quarterly reports are the contractual responsibility of each awarded vendor. Quarterly Reports which do not adhere to the required format (Appendix F) or are not complete of all purchase orders will be returned to the reporting Vendor for correction of deficiencies. Quarterly reports track the deliveries in a given quarter. Quarterly reports do not track purchase orders taken in a quarter, rather purchase orders are to be submitted at the time they are received by the vendor. All quarterly reports are to be sent to reports@flsheriffs.org. Quarterly reports are found on-line in the Vendors Only section of the FSA website. Quarterly Reports must be complete with the name of the vendor and the date. For example, “Spomot Motors” would be in the document header. Do not indicate the quarter on the top of the report. Do not send purchase orders with the quarterly report. An example of a Quarterly Report is in Appendix F. Quarterly Reports are due no later than the 15th day of the month following the end of the quarter. Quarterly reports should follow this schedule: Year 1 Quarter Period Reports and Administrative Fees Due Y1Q1 April 1 – June 30 15-Jul-2020 Y1Q2 July 1 – September 30 15-Oct-2020 Y1Q3 October 1 – December 31 15-Jan-2021 Y1Q4 January 1 – March 31 15-Apr-2021 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 40 2020-2023 Fire Rescue Vehicles & Other Equipment Year 2 Y2Q1 April 1 – June 30 15-Jul-2021 Y2Q2 July 1 – September 30 15-Oct-2021 Y2Q3 October 1 – December 31 15-Jan-2022 Y2Q4 January 1 – March 31 15-Apr-2022 Year 3 Y3Q1 April 1 – June 30 15-Jul-2022 Y3Q2 July 1 – September 30 15-Oct-2022 Y3Q3 October 1 – December 31 15-Jan-2023 Y3Q4 January 1 – March 31 15-Apr-2023 If a Vendor has no sales within a quarter, the vendor is required to submit a quarterly report and must indicate “NO SALES THIS QUARTER” on the report. Deliveries beyond the Y3Q4 period are to be submitted as a “Y3Q4 Extended Delivery” sheet using the same report format until the contract deliveries are completed for the current contract. FSA reserves the right to modify the procedure for submitting quarterly reports during the term of the contract. Such a change shall not materially modify the substance of the information to be reported, but may change the method by which future quarterly reports are to be submitted. In the event of such a change, FSA will provide written notice to all vendors of the method by which future quarterly reports are to be submitted. 3.28 ADMINISTRATIVE FEE The Florida Sheriffs Association charges three quarters of one percent (.0075) to procure, process and administer the Contract. After receipt of payment from contract purchases, the vendor shall remit all administrative fees to the FSA no later than 15 days after the end of each quarter. All fees payable to the FSA during any given quarter will be accompanied and supported by a Quarterly Report. Vendors are to make notation of payments in a separate column for each line item of each quarterly report of the check number submitted for administrative fees paid each quarter. Bidders are to include the administrative fee of three quarters of one percent (.0075) in all bid prices. The fee should be incorporated into the price at the time of bid submission This fee should also be included on all add options. The administrative fee will remain payable to FSA and no relief from payment of the administrative fee, nor any additional charge to recoup the administrative fee, will be permitted if a vendor fails to incorporate the administrative fee in its bid pricing. The fee should never be listed as a separate line item on any purchase order. The administrative fee to be paid is based on the total purchase order amount of new vehicles or equipment. This fee excludes any value given to Purchasers for trade-ins. Trade-ins, extended warranties and other exchanges will not reduce or impact the fee calculation. The administrative fee is the contractual responsibility of each vendor. By submission of the Quarterly Reports and admistrative fee, the vendor is certifying the accuracy of the reports and deposits. All reports and fee submissions shall be subject to audit by the FSA or the designee. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 41 2020-2023 Fire Rescue Vehicles & Other Equipment All participating vendors are responsible for ensuring the Administrator has the contact e-mail address for the person responsible for quarterly reports. There will be no reminders for the Quarterly Reports or the administrative fee. Checks for the administrative fee can be sent to: Florida Sheriffs Association Cooperative Purchasing Program 2617 Mahan Drive Tallahassee, FL 32308 3.29 LIQUIDATED DAMAGES The vendor warrants that the product supplied to the FSA or purchaser shall conform in all respects to the standards set forth and the failure to comply with this condition will be considered as a breach of contract. Any liquidated damages levied because of inadequacies or failures to comply with these requirements shall be borne solely by the vendor responsible for same. Failure to submit the administrative fee with accompanying quarterly reports within 15 calendar days following the end of each quarter will result in the imposition of liquidated damages. Vendors failing to submit administrative fees and quarterly reports will incur liquidated damages in the amount of $25 for each calendar day that fees and reports are past due, beginning on the 16th day following the end of the quarter. If a civil action is initiated by the FSA to recover administrative fees or liquidated damages as set forth in this section and Section 3.28, the prevailing party shall be entitled to its reasonable attorneys’ fees and costs incurred in the litigation. Venue shall lie in the Circuit Court for the Second Judicial Circuit in and for Leon County, Florida. When quarterly reports are late, liquidated damages are to be included in vendor’s Quarterly Report and administrative fee submission. Liquidated damages that remain unpaid beyond 45 days can result in FSA, at it’s sole discretion, implementing contract compliance actions, including but not limited to, suspension, limited participation by specifications, disqualification from future solicitations, or termination for cause pursuant to Section 1.45. Schedule of Liquidated Damages Failure to submit quarterly report on time $25.00 per day Failure to report a Purchase Order to FSA within the 15 calendar days of the purchase order date $100.00 per Purchase Order Failure to Report Sales .0075 of the sales price plus 1.5% each month following the delivery date. Vendor agrees and acknowledges that its failure to take any of the actions specified in the above schedule will damage the FSA, but by their nature such damages are difficult to ascertain. Accordingly, the above specified schedule of liquidated damages shall apply to this contract. Vendor agrees and acknowledges that these liquidated damages are not intended to be and do not constitute a penalty, but are instead intended solely to compensate the FSA for damages, and that these amounts are reasonably calculated to compensate the FSA for the damages that it will incur as a result of the vendor’s failure to take the specified actions. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 42 2020-2023 Fire Rescue Vehicles & Other Equipment Appendix A – Drug-Free Workplace Form FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 43 2020-2023 Fire Rescue Vehicles & Other Equipment Appendix B – Insurance Checklist Form FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 44 2020-2023 Fire Rescue Vehicles & Other Equipment Appendix C – Vendor Change Form FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 45 2020-2023 Fire Rescue Vehicles & Other Equipment Appendix D - Confirmation of Order Form FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 46 2020-2023 Fire Rescue Vehicles & Other Equipment Appendix E – Manufacturer AuthorizationForm FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 47 2020-2023 Fire Rescue Vehicles & Other Equipment Appendix F – Quarterly Report FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 48 2020-2023 Fire Rescue Vehicles & Other Equipment Appendix G – Bid Calendar Page 49 2020-2023 Fire Rescue Vehicles & Other Equipment FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Appendix H – FSA Bid System Data Input Instructions for Bidders Page 50 2020-2023 Fire Rescue Vehicles & Other Equipment FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Appendix H – FSA Bid System Data Input Instructions for Bidders – Continued Contract Amendment FSA20-VEF14.01 Ambulances & Other Equipment FSA20-VEF14.02 Fire Rescue Vehicles & Other Equipment The Florida Sheriffs Association is modifying the contract terms and conditions of Contract FSA20-VEF14.01 and FSA20-VEF14.02, Section 2.13. This contract amendment is effective on May 1, 2020. The modification of the terms and conditions is permissible under Section 1.24 of the contract. The following language under Section 2.13 will be amended as follows: 2.13 OPTION PRICING Options may be sold, but only in connection with the sale of a base specification. The bidder shall offer discount below Manufacturer’s Standard Retail Pricing (MSRP) or manufacturers published list price for any factory options included in the bid submission and quotes to purchasers, if awarded. Options are intended to add or delete equipment or features from the base specification. Options can provide an upgrade or downgrade to a manufacturer’s model, such as a slightly different engine size, horsepower, or equipment, and should not be made available for purchase separate from the base vehicle or equipment. Bidders shall NOT use options to create a vehicle or equipment that is entirely different than the FSA base specification or are available as another specification bid awarded on this ITB. The use of options to facilitate the sale of an alternate manufacturer’s product which is outside the scope of the written base specification will be determined nonresponsive and the bid will be rejected in whole or part by the FSA. The FSA has the discretion to disqualify bidders if the option pricing is excessive. Option pricing will include all costs of labor associated with the option and cost of labor should not be listed separately within the bid. If a bidder will offer registration and title services as a fee for service, the bidder must include the registration and title fee as a separate option (i.e. line item) for each item bid, see Section 3.23 for additional details. Government imposed fees should not be included in this option pricing. No other additional charges or fees are admissible. Page 1 of 2 Purchasers are encouraged to negotiate option pricing with vendors. Discounts can be provided beyond option prices listed in the contract. The additional discounts for each add option shall be decided by the vendor. Page 2 of 2 Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0012 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This warranty applies only to the cab tubular support and mounting structures and other structural components of the cab of the vehicle model, as identified in the Pierce specifications for the Fire and Rescue Apparatus. This warranty does not apply to damage caused by corrosion. Conditions and Exclusions: See Also Paragraphs 2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: Ten (10) Year Structural Integrity Custom Cab Ten (10) Years - or - 100,000 Miles Warranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: The Pierce Custom Cab shall be free from structural failures caused by defects in material and workmanship (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0008 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. No specific exclusions apply Conditions and Exclusions: See Also Paragraphs 2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: One (1) Year Material and Workmanship Basic Apparatus Twelve (12) months.Warranty Period Ends After: The date the apparatus is placed in service, or 60 days from the original buyer invoice date, whichever comes first.Warranty Begins: Portions of the apparatus manufactured by Pierce shall be free from defects in material and workmanship (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. NEW PRODUCT WARRANTY PARTICIPATING OEM SALES DISTRIBUTOR SALES LIMITED WARRANTY ON NEW ALLISON AUTOMATIC TRANSMISSIONS USED IN EMERGENCY VEHICLE APPLICATIONS Allison Transmission will provide for repairs or replacement, at its option, during the warranty period of each new Allison transmission listed below that is installed in an Emergency Vehicle in accordance with the following terms, conditions, and limitations. WHAT IS COVERED  WARRANTY APPLIES — This warranty is for new Allison transmission models listed below installed in an Emergency Vehicle and is provided to the original and any subsequent owner(s) of the vehicle during the warranty period.  REPAIRS COVERED — The warranty covers repairs or replacement, at Allison Transmission’s option, to correct any transmission malfunction resulting from defects in material or workmanship occurring during the warranty period. Needed repairs or replacements will be performed using the method Allison Transmission determines most appropriate under the circumstances.  TOWING — Towing is covered to the nearest Allison Transmission Distributor or authorized Dealer only when necessary to prevent further damage to your transmission.  PAYMENT TERMS — Warranty repairs, including parts and labor, will be covered per the schedule shown in the chart contained in section “APPLICABLE MODELS, WARRANTY LIMITATIONS, AND ADJUSTMENT SCHEDULE.”  OBTAINING REPAIRS — To obtain warranty repairs, take the vehicle to any Allison Transmission Distributor or authorized Dealer within a reasonable amount of time and request the needed repairs. A reasonable amount of time must be allowed for the Distributor or Dealer to perform necessary repairs.  TRANSMISSION REMOVAL AND REINSTALLATION — Labor costs for the removal and re-installation of the transmission, when necessary to make a warranty repair, are covered by this warranty.  WARRANTY PERIOD — The warranty period for all coverages shall begin on the date the transmission is delivered to the first retail purchaser, with the following exception: Demonstration Service - A transmission in a new truck or bus may be demonstrated to a total of 5000 miles (8000 kilometers). If the vehicle is within this limit when sold to a retail purchaser, the warranty start date is the date of purchase. Normal warranty services are applicable to the demonstrating Dealer. Should the truck or bus be sold to a retail purchaser after these limits are reached, the warranty period will begin on the date the vehicle was first placed in demonstration service and the purchaser will be entitled to the remaining warranty. APPLICABLE MODELS, WARRANTY LIMITATIONS, AND ADJUSTMENT SCHEDULE WARRANTY LIMITATIONS (Whichever occurs first) ADJUSTMENT CHARGE TO BEPAID BY THE CUSTOMER APPLICABLE MODELS Months Transmission Miles Or Kilometers Parts Labor MT, MD 3000, 3200, 3500, 3700 0–24 No Limit No Charge No Charge HT with Hydraulic Controls 0–24 No Limit No Charge No Charge AT, 1000 Series, 2000 Series, 2400 Series 0–36 No Limit No Charge No Charge HT with Electronic Controls 0–60 No Limit No Charge No Charge HD 1000 EVS, 2100 EVS, 2200 EVS 2350 EVS, 2500 EVS, 2550 EVS, 3000 EVS, 3500 EVS, 4000, 4000 EVS, 4500, 4500 EVS, 4700, 4700 EVS, 4800, 4800 EVS 0–60 No Limit No Charge No Charge Page 1 of 2 WHAT IS NOT COVERED  DAMAGE DUE TO ACCIDENT, MISUSE, or ALTERATION — Defects and damage caused as the result of any of the following are not covered: — Flood, collision, fire, theft, freezing, vandalism, riot, explosion, or objects striking the vehicle; — Misuse of the vehicle; — Installation into unapproved applications and installations; — Alterations or modification of the transmission or the vehicle, and — Damage resulting from improper storage (refer to long-term storage procedure outlined in the applicable Allison Service Manual) — Anything other than defects in Allison Transmission material or workmanship NOTE: This warranty is void on transmissions used in vehicles currently or previously titled as salvaged, scrapped, junked, or totaled.  CHASSIS, BODY, and COMPONENTS — The chassis and body company (assemblers) and other component and equipment manufacturers are solely responsible for warranties on the chassis, body, component(s), and equipment they provide. Any transmission repair caused by an alteration(s) made to the Allison transmission or the vehicle which allows the transmission to be installed or operated outside of the limits defined in the appropriate Allison Installation Guideline is solely the responsibility of the entity making the alteration(s).  DAMAGE CAUSED by LACK of MAINTENANCE or by the USE of TRANSMISSION FLUIDS NOT RECOMMENDED in the OPERATOR’S MANUAL — Defects and damage caused by any of the following are not covered: — Failure to follow the recommendations of the maintenance schedule intervals applicable to the transmission; — Failure to use transmission fluids or maintain transmission fluid levels recommended in the Operator’s Manual.  MAINTENANCE — Normal maintenance (such as replacement of filters, screens, and transmission fluid) is not covered and is the owner’s responsibility.  REPAIRS by UNAUTHORIZED DEALERS — Defects and damage caused by a service outlet that is not an authorized Allison Transmission Distributor or Dealer are not covered.  USE of OTHER THAN GENUINE ALLISON TRANSMISSION PARTS — Defects and damage caused by the use of parts that are not genuine Allison Transmission parts are not covered.  EXTRA EXPENSES — Economic loss and extra expenses are not covered. Examples include but are not limited to: loss of vehicle use; inconvenience; storage; payment for loss of time or pay; vehicle rental expense; lodging; meals; or other travel costs.  “DENIED PARTY” OWNERSHIP — Warranty repair parts and labor costs are not reimbursed to any participating or non-participating OEMs, dealers or distributors who perform warranty work for, or on behalf of, end users identified by the United States as being a “denied party” or who are citizens of sanctioned or embargoed countries as defined by the U.S. Department of Treasury Office of Foreign Assets Control. Furthermore, warranty reimbursements are not guaranteed if the reimbursement would be contrary to any United States export control laws or regulations as defined by the U.S. Department of Commerce, the U.S. Department of State, or the U.S. Department of Treasury. OTHER TERMS APPLICABLE TO CONSUMERS AS DEFINED by the MAGNUSON-MOSS WARRANTY ACT This warranty gives you specific legal rights and you may also have other rights which vary from state to state. Allison Transmission does not authorize any person to create for it any other obligation or liability in connection with these transmissions. ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO THESE TRANSMISSIONS IS LIMITED IN DURATION TO THE DURATION OF THIS WRITTEN WARRANTY. PERFORMANCE OF REPAIRS AND NEEDED ADJUSTMENTS IS THE EXCLUSIVE REMEDY UNDER THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY. ALLISON TRANSMISSION SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOST WAGES OR VEHICLE RENTAL EXPENSES) RESULTING FROM BREACH OF THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY.** ** Some states do not allow limitations on how long an implied warranty will last or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. OTHER TERMS APPLICABLE TO OTHER END-USERS THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE ALLISON TRANSMISSION MODELS LISTED ABOVE AND IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALLISON TRANSMISSION DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR IT ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH SUCH TRANSMISSIONS. ALLISON TRANSMISSION SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM BREACH OF THIS WARRANTY OR ANY IMPLIED WARRANTY. QUESTIONS If you have any questions regarding this warranty or the performance of warranty obligations, you may contact any Allison Transmission Distributor or Dealer or write to: Allison Transmission, Inc. P.O. Box 894 Indianapolis, IN 46206-0894 Attention: Warranty Administration PF-9 Form SE0616EN (201009) Page 2 of 2 Waterous Five-Year Limited Warranty WATEROUS warrants, to the original Buyer only, that products manufactured by WATEROUS will be free from defects in material and workmanship under normal use and service for a period of five (5) years from the date the product is first placed in service, or five and one-half (5-1/2) years from the date of shipment by WATEROUS, whichever period shall be the first to expire; provided the Buyer notifies WATEROUS, in writing, of the defect in said product within the warranty period, and said product is found by WATEROUS to be nonconforming with the aforesaid warranty. When required in writing by WATEROUS, defective products must be promptly returned by Buyer to WATEROUS at WATEROUS' plant at South St. Paul, Minnesota, or at such other place as may be specified by WATEROUS, with transportation and other charges prepaid. A Returned Material Authorization (RMA) is required for all products and parts and may be requested by phone, fax, email, or mail. The aforesaid warranty excludes any responsibility or liability of WATEROUS for: (a) damages or defects due to accident, abuse, misuse, abnormal operating conditions, negligence, accidental causes, use in non-firefighting applications, or improper maintenance, or attributable to written specifications or instructions furnished by Buyer; (b) defects in products manufactured by others and furnished by WATEROUS hereunder, it being understood and agreed by the parties that the only warranty provided for such products shall be the warranty provided by the manufacturer thereof which, if assignable, WATEROUS will assign to Buyer, if requested by Buyer; (c) any product or part, altered, modified, serviced or repaired other than by WATEROUS, without its prior written consent; (d) the cost of dismantling, removing, transporting, storing, or insuring the defective product or part and the cost of reinstallation; and (e) normal wear items (packing, strainers, filters, light bulbs, anodes, intake screens, mechanical seals, etc.). ALL OTHER WARRANTIES ARE EXCLUDED, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL WATEROUS BE LIABLE FOR ANY PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR PERSONAL INJURY OR PROPERTY DAMAGES. The exclusive remedy of Buyer and the sole liability of WATEROUS, whether based on contract, warranty, tort or any other basis of recovery whatsoever, is expressly limited at the election of WATEROUS to: (a) the replacement at the agreed point of delivery of any product or part, which upon inspection by WATEROUS or its duly authorized representative, is found not to conform to the limited warranty set forth above, or (b) the repair of such product or part, or (c) the refund or crediting to Buyer of the net sales price of the defective product or part. BUYER'S REMEDIES CONTAINED HEREIN ARE EXCLUSIVE OF ANY OTHER REMEDY OTHERWISE AVAILABLE TO BUYER. F‐2113 (07/17/12) Waterous Company 125 Hardman Avenue South South St. Paul, MN 55075 USA www.waterousco.com Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0014 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This limited warranty applies to all of the control modules for the Command Zone system, including the full color graphic displays. Related wire harnesses, cables and connectors are not covered under this limited warranty and are instead covered under the Pierce One Year Basic Apparatus Limited Warranty. Conditions and Exclusions: See Also Paragraphs 2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: Five (5) Year Material and Workmanship Command Zone Electronics Five (5) YearsWarranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: Command Zone control modules shall be free from failures caused by defects in material and workmanship (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0001 Velocity® & Impel® Cab Doors Pierce Manufacturing certifies the integrity of the Velocity® & Impel® cab doors. Specimens representing the substantial structural configuration of the Velocity and Impel cab front and crew doors have been successfully tested to meet the following objectives: OBJECTIVES: • Survive a 200,000-cycle door slam test with a slam acceleration up to 20 g’s on one representative • Validate the assembly concept of the main structure of the door by evaluating the durability of the bonding technique. • Evaluate components, structure, and mounting of the door during and the end of the test for fatigue and failure to ensure durability. • Verify that the door seals function properly at the end of the test. • Evaluate the new extrusions and castings of the cab doorframe during and at the end of the test for fatigue, failure, and deformation of seal flanges. • Evaluate various mounting options for the electronic control module for durability during portions of the slam test. CONCLUSIONS: • The door structure and doorframe successfully completed a 200,000-cycle door slam test with a door slam acceleration of 50 g’s. VALIDATION TEST: RD1239, RD1350 Pierce Manufacturing, Inc. James Roger Lackore, PE March 16, 2008 CD0001 Door Durability - Velocity 080315 1 7/8/2008 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0005 Velocity® & Impel® Windshield Wiper System Pierce Manufacturing certifies the integrity of the Velocity® & Impel® Windshield Wiper System. Specimens representing the configuration of the Velocity® & Impel® windshield wipers have been successfully tested to meet the following objectives: OBJECTIVES: • Complete 3,000,000 cycles of windshield wiper operation per SAE J198 § 6.2 • Inspect wiper motor, pivots, linkages, and mounts frequently to validate cumulative wiper system integrity. CONCLUSIONS: • The wiper linkage, pivots, and mounts successfully completed 4,254,000 cycles. • The low speed circuit on the wiper motor failed at 2,954,000 cycles but it continued to operate on high speed. The low speed failure was determined to be due to water intrusion. The production wiper motors are coated in “EL-Cast Resin with a 641 hardener additive” to seal them from water intrusion to prevent failure. VALIDATION TEST: RD1240 Pierce Manufacturing, Inc. James Roger Lackore, PE March 16, 2008 CD0005 Windshield Wipers - Velocity 080315 1 7/8/2008 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0018 Velocity® & Impel® Seats and Seat Belts Pierce Manufacturing certifies the conformance of the Velocity® & Impel® cab seats and seat belts to Federal Motor Vehicle Safety Standards. Representative Velocity® & Impel® Seat and Seat Belt designs have been tested successfully in accordance with FMVSS 207. Physical testing was performed to qualify passenger seats to meet Federal Motor Vehicle Safety Standards (FMVSS) 207 and 210. This requires that a minimum of 3,000 lbf be applied to both the lap and shoulder belts via appropriate body blocks. A third force of twenty times the mass of the seat must be applied at the center-of-gravity (CG) of the seat. All three forces are applied at the same time, reached within thirty seconds of the start of the test, and be held for a minimum of ten seconds. A force equal to twenty times the mass of the seat was applied to each seat in the direction opposite to the combination pull. A moment of 275 lb-ft was applied to the seat with reference to the H-point. This testing ensures that the seat mounting and seat belt anchors are adequate to retain the seats and occupants in a crash. The Federal requirements are based on the high deceleration rates of passenger vehicles, so the design requirements are significantly more conservative considering the slower crash speeds of heavy trucks. VALIDATION TESTS: Pierce Manufacturing, Inc. RD1274 RD1335 RD1352 RD1405 RD1437 RD1446 James Roger Lackore, PE June 17, 2008 CD0018 Seats and Belts - Velocity 080617 1 7/8/2008 Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/22/2010 WA0168 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This warranty does not cover damage from lack of maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and maintenance manual). Conditions and Exclusions: See Also Paragraphs 2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: One (1) Year Material and Workmanship Graphics Fading and Deterioration One (1) YearWarranty Period Ends After: The date the apparatus is placed in service, or 60 days from the original buyer invoice date, whichever comes first.Warranty Begins: Each graphic lamination shall be free from defects in material, workmanship, fading, and deterioration. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This limited warranty excludes brake pads, brake rotors, seal boots and shock absorbers. Conditions and Exclusions: See Also Paragraphs 2 thru 4 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. Three (3) Years -or- 30,000 Miles Warranty Period Ends After: Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle.12/16/2013 WA0050 THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. Fire and Rescue Apparatus Coverage: Three (3) Year Material and Workmanship TAK-4 Independent Front Suspension Limited WarrantyLimited WarrantyLimited WarrantyLimited Warranty Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: The TAK-4 Front Independent Suspension and Steering Gears shall be free from defects in material and workmanship. 1. LIMITED WARRANTY (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. Fire and Rescue Apparatus Coverage: Lifetime Fifty (50) Year Structural Integrity Chassis Frame & Crossmembers Fifty (50) Years (Expected Life of Apparatus) Warranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: Custom chassis frame rail and cross members manufactured by Pierce shall be free from defects in material and workmanship (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/16/2010 WA0038 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This warranty does not apply to damage caused by corrosion. Conditions and Exclusions: See Also Paragraphs 2 thru 4 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. Fire and Rescue Apparatus Coverage: Ten (10) Year Pro-Rated Paint and Corrosion Cab Ten (10) YearsWarranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: Exterior surfaces of the cab painted by Pierce shall be free from blistering, peeling, corrosion or any other adhesion defect caused by defective manufacturing methods or paint material selection. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0055 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This limited warranty is applicable to the vehicle in the following percentage costs of warranty repair, if any: Topcoat Durability & Appearance: Gloss, Color Retention & Cracking 0-72 months 100% 73-96 months 50% 97-120 months 25% Integrity of Coating System: Adhesion, Blistering/Bubbling 0-36 months 100% 37-84 months 50% 85-120 months 25% Corrosion: Dissimilar Metal and Crevice 0-36 months 100% 37-48 months 50% 49-72 months 25% 73-120 months 10% Corrosion Perforation 0-120 months 100% This limited warranty applies only to exterior paint. Paint on the vehicle's interior is warranted only under the Pierce Basic One Year Limited Warranty. Items not covered by this warranty include: (a) Damage from lack of maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and maintenance manual). (b) UV paint fade. (c) Any cab not manufactured by Pierce. Conditions and Exclusions: See Also Paragraphs 2 thru 4 Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0057 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This limited warranty is applicable to the vehicle in the following percentage costs of warranty repair, if any: Topcoat Durability & Appearance: Gloss, Color Retention & Cracking 0-72 months 100% 73-96 months 50% 97-120 months 25% Integrity of Coating System: Adhesion, Blistering/Bubbling 0-36 months 100% 37-84 months 50% 85-120 months 25% Corrosion: Dissimilar Metal and Crevice 0-36 months 100% 37-48 months 50% 49-72 months 25% 73-120 months 10% Corrosion Perforation 0-120 months 100% This limited warranty applies only to exterior paint. Paint on the vehicle's interior is warranted only under the Pierce Basic One Year Limited Warranty. Items not covered by this warranty include: (a) Damage from lack of maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and maintenance manual). (b) UV paint fade. (c) Any cab not manufactured by Pierce. Conditions and Exclusions: See Also Paragraphs 2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: Ten (10) Year Pro-Rated Paint and Corrosion Custom Body Ten (10) YearsWarranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: Exterior surfaces of the body shall be free from blistering, peeling, corrosion or any other adhesion defect caused by defective manufacturing methods or paint material selection. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0009 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This warranty applies only to the body tubular support and mounting structures and other structural components of the body of the vehicle model, as identified in the Pierce specifications for the Fire and Rescue Apparatus. This warranty does not apply to damage caused by corrosion. Conditions and Exclusions: See Also Paragraphs 2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: Ten (10) Year Structural Integrity Apparatus Body Ten (10) Years - or - 100,000 Miles Warranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: The apparatus body shall be free from structural failures caused by defects in material and workmanship (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. CD0152 Engine - Velocity L9 GHG17 170601.doc 1 1/17/2018 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0152 Engine Installation – Velocity GHG17 Cummins L9 Engine Pierce Manufacturing, Inc. certifies that the GHG2017 Cummins L9 Engine as installed in a Velocity chassis meets the engine installation requirements of the engine manufacturer, the NFPA 1901 and NFPA 1906 guidelines as applicable, and Pierce engine design standards. Validation testing was conducted in the Pierce wind tunnel chassis dynamometer and cooling test laboratory. Test results have been reviewed and accepted by representatives of the engine supplier. Pierce Manufacturing, Inc. David W. Archer Vice President of Engineering June 1, 2017 CD0159 Engine - Enforcer L9 GHG17 170601.doc 1 1/17/2018 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0159 Engine Installation – Impel GHG17 Cummins L9 Engine Pierce Manufacturing, Inc. certifies that the GHG17 Cummins L9 Engine as installed in an Impel chassis meets the engine installation requirements of the engine manufacturer, the NFPA 1901 and NFPA 1906 guidelines as applicable, and Pierce engine design standards. Validation testing was conducted in the Pierce wind tunnel chassis dynamometer and cooling test laboratory. Test results have been reviewed and accepted by representatives of the engine supplier. Pierce Manufacturing, Inc. David W. Archer Vice President of Engineering June 5, 2017 Fire and Rescue Apparatus Coverage: Three (3) Year Material and Workmanship Velocity and Impel Custom Chassis Limited WarrantyLimited WarrantyLimited WarrantyLimited Warranty Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Portions of the apparatus manufactured by Pierce shall be free from defects in material and workmanship 1. LIMITED WARRANTY (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; The date the apparatus is placed in service, or 60 days from the original buyer invoice date, whichever comes first.Warranty Begins: This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This limited warranty applies, where applicable, to Goldstar lamination, defroster heater coil and motor blower assembly (excluding the FET PWM module), heater, air conditioning condenser coil and fan/motor assembly, air conditioning evaporator coil and motor blower assembly (excluding the drain pan pump and thermostat), under seat heaters coil and motor blower assembly (excluding the FET PWM module), HVAC electronic switches, HVAC hoses and hard lines, heater water valve, Pierce PS6 seat frames and hardware, Pierce One-Eleven mirrors, Pierce hands-free scba holder, cracking or color loss of roto-molded components, Meritor rear axle, Wabco ABS system, cab door handles, Standen spring suspension components, and the gauge instrument cluster. Conditions and Exclusions: See Also Paragraphs 2 thru 4 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. Three (3) Years, or 30,000 Miles, or 5000 Engine Hours Warranty Period Ends After: Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle.7/2/2015 WA0284 THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. Fire and Rescue Apparatus Coverage: Ten (10) Year Material and Workmanship Pierce 12V LED Strip Light Limited Warranty Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: This limited warranty covers repairs to correct any defect related to materials or workmanship of the Pierce 12V LED strip lights installed on the apparatus occuring during the warranty period. 1. LIMITED WARRANTY (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This limited warranty does not apply to related wire harnesses, cables, and connectors, which are covered by the Pierce one (1) year basic apparatus limited warranty. Conditions and Exclusions: See Also Paragraphs 2 thru 4 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. Ten (10) YearWarranty Period Ends After: Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 7/5/2011 WA0203 THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. Warranty Begins: Stainless steel piping shall be free from structural failures caused by defects in material and workmanship, or perforation caused by corrosion.(b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. Ten (10) Years - or - 100,000 Miles Warranty Period Ends After: Fire and Rescue Apparatus Coverage: Ten (10) Year Material and Workmanship Stainless Steel Piping 1. LIMITED WARRANTY The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: The date of the original purchase invoice (issued when the product ships from the factory). This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. Pierce’s obligation under this warranty is limited to repairing or replacing without charge, as Pierce may elect, the stainless steel piping or components which Pierce determines to have failed due to defective material and workmanship, or perforation caused by corrosion. This warranty does not cover the use of fluoroprotein (FP) type foam. The sodium chloride within FP foam can cause long-term damage to system components if not thoroughly flushed immediately after use. Conditions and Exclusions: See Also Paragraphs 2 thru 4 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle.3/22/2012 WA0035 THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. )LUHDQG5HVFXH$SSDUDWXV Coverage: 7KUHH<HDU0DWHULDODQG:RUNPDQVKLS 0HULWRU:DEFR$%6%UDNH6\VWHP Limited Warranty Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: The Meritor Wabco ABS brake system shall be covered by Meritor Wabco as indicated in the attached Meritor Wabco warranty coverage description /,0,7(':$55$17< (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. Three (3) YearWarranty Period Ends After: The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. The exclusions listed in the attached Meritor Wabco warranty description shall apply. Conditions and Exclusions: See Also Paragraphs 2 thru 4 (;&/86,212)&216(48(17,$/$1',1&,'(17$/'$0$*(6 Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. %8<(5 6(;&/86,9(5(0('< Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle.2/25/2013 WA0232 THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ',6&/$,0(562):$55$17,(6 capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. Warranty Model Year 2018 Vehicles SIMPLER IS BETTER Warranty coverage is essential to protecting your investment. But understanding the full details of your coverage can be challenging. This straightforward approach allows you, our valued customer, to better understand how your specific vehicle applications will be covered in your region. Our component warranty coverage is provided according to vocation/usage categories listed below. • Linehaul covers high mileage operation (over 60,000 miles/year) on well maintained major highways of concrete or asphalt construction. • General Service covers moderate mileage operations (less than 60,000 miles/year) on well maintained public roads (less than 10 percent off-road) typically with less than three (3) stops per mile. • Heavy Service (Vocational) covers vehicles with more than 10 percent off-road OR moderate to frequent starts/stops typically with more than three (3) stops per mile. • Off-Highway Service covers lower mileage operations. Vehicles are not typically licensed for highway use. 2 3 Linehaul Service ...............................................................................................4 General Service ................................................................................................4 Heavy Service ..................................................................................................5 Industrial/Off-Highway Service ........................................................................6 Terms and Conditions ......................................................................................7 How to Read Warranty Coverage (Example) Number of Years Mileage (in thousands) Unl=Unlimited P=Parts Only P&L=Parts & Labor 3 300 P CONTENTS Effective Model Year 2018 Vehicles 5 Heavy Service Vehicles Meritor WABCO Components1 ABS (Anti-Lock Braking System) Air 3/300/P&L ABS (Anti-Lock Braking System) Hydraulic 2/200/P&L Electronic Braking System (EBS) 3/300/P&L Electronic Stability Control (ESC) 3/300/P&L Roll Stability Control (RSC) 3/300/P&L Air Dryers (ALL) 1/100/P&L Leveling Valves 1/100/P&L Air Brake Valves 1/100/P&L Emission Valves (SCR) 2/200/P&L Clutch Controls 2/200/P&L Air Compressors (ALL)2 1/100/P&L OnGuard™ 3/300/P&L OnGuardACTIVE™ 3/300/P&L OnLane™ Lane Departure Warning 3/300/P&L Blind Spot Detection 3/300/P&L OptiRide™ 2/200/P&L Trailer Roll Stability Support (RSS) 3/300/P&L Trailer Control Line Filter3 1/100/P&L Trailer ABS Valve3 3/300/P&L 1 WABCO and Meritor WABCO branded components. 2 WABCO compressors installed on Cummins, Mercedes, and DDC engines are not warranted or serviced by Meritor WABCO. Please contact your respective dealer/distributor of those engines for warranty and servicing. 3 An extended warranty of 4/400/P will be applied when a Meritor WABCO Trailer Control Line Filter is used in combination with a Meritor WABCO Trailer ABS valve. • Airport Rescue Fire (ARF) • Airport Shuttle • Asphalt Truck • Block Truck • Bottom Dump Trailer Combination • Cementing Vehicle • City Bus • Commercial Pick-Up • Concrete Pumper • Construction Material Hauler • Crash Fire Rescue (CFR) • Mixer • Demolition • Drill Rig • Dump • Emergency Service • Equipment Hauling • Flatbed Trailer Hauler • Flatbed Truck • Fracturing Truck • Front Loader • Geophysical Exploration • Hopper Trailer Combinations • Landscaping Truck • Liquid Waste Hauler • Log Hauling • Lowboy • Michigan Special Gravel Trains • Michigan Special Log Hauler • Michigan Special Steel Hauler • Michigan Special Waste Vehicle • Municipal Dump • Newspaper Delivery • Package Delivery • Pick-up and Delivery • Rapid Intervention Vehicle (RIV) • Rear Loader • Recycling Truck • Residential Pick-Up/Waste • Rigging Truck • R o l l - O ff • Scrap Truck • Semi-End Dump • Sewer/Septic Vacuum • Shuttle Bus • Side Loader • Snowplow/Snowblower • Steel Hauling • Tanker • Tank Truck • Tractors with Pole Trailers • Tractor/Trailer with Jeeps • Transfer Dump • Transfer Vehicle • Transit Bus • Trolley • Utility Truck • Winch Truck Heavy Service Typically Is • On/Off road vocations (10% or more off-road) OR • Moderate to frequent starts/stops typically more than three (3) stops per mile HEAVY SERVICE (VOCATIONAL) WARRANTY INFORMATION 7 Coverage Exclusions Product Description All The cost of any repairs, replacements or adjustments to a covered product due to the following: (1) damage to the product or its component parts caused by incorrect use, installation, maintenance or repair, including without limitation (a) improper fit of mating components or brackets, (b) damaged threads, (c) cut, broken, chafed, pinched or otherwise damaged wiring (sensors, harnesses and connectors), (d) damaged sensors from removal when seized in block, or associated with sensor adjustments/ alignments, and (e) damage resulting from the use or installation of non-genuine Meritor WABCO components or materials; (2) damage to the product, its component parts, or diminished product or component part performance due to incorrect operation, deviation from approved conditions or misapplication; (3) any unauthorized disassembly of the product or its component parts including without limitation (a) obliterated, defaced or missing WABCO or Meritor WABCO name plate, serial numbers or label identifying the device as a Meritor WABCO product or WABCO component, (b) changes to sealed adjusting screws, and (c) opening or attempted repair of non-serviceable components; (4) malfunction of the component due to internal contamination out of the vehicle system including without limitation (a) water and other contamination damage that is due to the use of a non-genuine air dryer cartridge or (b) valve failures due to contamination in air system, (5) complaints associated with noise, (6) damage resulting from corrosion (including oxidation of electrical devices and connections). Air Dryers Mounting brackets (see vehicle OEM). Desiccant cartridge housing only. Air System Components Normal wear items; Gladhand seals, dash valve knobs, valve actuation handles, treadles, pedals. ABS, Electronic Stability Control (ESC), Roll Stability Control (RSC), OptiRide™, OnGuard™ and OnLane™, collectively “Electronics” Failure of electronic components due to overvoltage condition, improper grounding, electrostatic discharge (ESD), improper shielding, electromagnetic interference (EMI), or other wiring or installation issues. Malfunctions and failure codes caused by other electronic subsystem failures (data bus, engine, transmission, dashboard, etc.) Hydraulic Components For certain components, brake fluid DOT3 or DOT4 is used as the operating medium. Use of any other fluid will void all warranties associated with that component. For hydraulic braking applications the brake fluid is considered a maintenance item. Maintenance intervals are listed in TB-1367. Coverage Limitations Product Description All Any claim beyond 60 days from date of repair will not be accepted or honored under this warranty program. Products purchased on an incomplete vehicle (glider) are limited to one year, 1/Unl/P. For vehicles that operate full- or part-time outside of the United States and Canada, a 1-Year/Unlimited Miles parts only (1/Unl/P) will apply. TOOLBOX™ Software Proper diagnostics of Meritor WABCO Electronics may require the latest version of TOOLBOX™. Additional labor due to use of an outdated version of TOOLBOX™. TOOLBOX™ software, and/or the time to purchase or install latest version of TOOLBOX™ are not covered under product warranty. TERMS AND CONDITIONS 8 TERMS AND CONDITIONS (1) What is Covered by this Commercial Warranty? Meritor WABCO Vehicle Control Systems warrants to the owner (“Owner”) that the components listed in this publication, which have been installed by an Original Equipment Manufacturer (“OEM”) as original equipment will be free from defects in material and workmanship. This warranty coverage begins from the original in-service date to the limits provided and runs concurrently with any warranties provided by OEMs and/or any service contracts that cover the components listed in this publication, if any. If the components listed in this publication are covered by an OEM warranty and/or service contract, then the OEM’s warranty and/ or service contract shall supersede Meritor WABCO’s warranty and Owner shall comply with all OEM’s warranty and/or service contract requirements for claims under such OEM’s warranty and/or service contract until those agreements expire. Once those agreements expire and provided the Meritor WABCO warranty has not expired under the terms stated above, the Meritor WABCO warranty would be in effect until its expiration date. Warranty coverage ends at the expiration of the applicable time period from the date of vehicle purchase by the first Owner, or, the applicable mileage limitation, whichever occurs first. Duration of coverage varies by component and vocation as detailed previously in this publication. Some components are warranted for parts only and the Owner must pay any labor costs associated with the repair or replacement of the component. Other components are warranted for both parts and reasonable labor to repair or replace the subject component. Additional diagnostic time due to use of an outdated version of TOOLBOX™, time to purchase or install latest version of TOOLBOX™ are the responsibility of the authorized Meritor WABCO service location and are not covered under product warranty. Components installed as replacements under this warranty are warranted only for the remainder of the original period of time or mileage under the original warranty. (2) Designation of Vocational Use Required. To obtain warranty coverage, each Owner must notify Meritor WABCO through the OEM new truck and/or trailer dealer of the intended vocational use of the vehicle into which the Meritor WABCO components have been incorporated prior to the vehicle in-service date. This notification may be accomplished by registering the vehicle through your OEM new truck and/or trailer dealer or with Meritor WABCO directly. Failure to notify Meritor WABCO of (I) the intended vocational use of the vehicle or (II) a change in vocational use from that which was originally designated, will result in the application of a one year, unlimited mileage, parts only warranty (1/Unl/P) from the initial in-service date. A second Owner and each subsequent Owner must also notify Meritor WABCO as to the intended vocational use of the vehicle. This notification can be sent directly to Meritor WABCO or through the OEM new truck and/or trailer dealer. The duration and mileage coverage of this warranty cannot exceed the coverage extended to the first Owner after his or her initial designation of vocational use. Coverage under Meritor WABCO’s warranty requires that the application of products be properly approved pursuant to OEM and Meritor WABCO, approvals. (3) What is the Cost of this Warranty? There is no charge to the Owner for this warranty. (4) What is not Covered by this Warranty? In addition to the items listed on page 7, this warranty does not cover normal wear and tear, or service items; nor does it cover a component that fails, malfunctions or is damaged as a result of (a) improper handling, storage, installation, adjustment, repair or modification including the use of unauthorized attachments or changes or modification in the vehicle’s configuration, usage, or vocation from that which was originally approved by Meritor WABCO, (b) accident, fire or other casualty, natural disaster, road debris, negligence, misuse, abuse, or improper use (including loading beyond the specified maximum vehicle weight or altering engine power settings to exceed the brake system capacity), or (c) improper or insufficient maintenance (including deviation from maintenance intervals, approved lubricants, or lube levels). This warranty does not cover any component or part that is not sold by Meritor WABCO. (5) Remedy. The exclusive remedy under this warranty shall be the repair or replacement of the defective component at Meritor WABCO’s option. Meritor WABCO reserves the right to require that all applicable covered components are available and/or returned to Meritor WABCO for review and evaluation. (6) DISCLAIMER OF WARRANTY. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. SOME STATES LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE EXTENT SUCH STATE’S LAW IS APPLICABLE TO THESE TERMS. (7) LIMITATION OF REMEDIES. IN NO EVENT SHALL MERITOR WABCO BE LIABLE FOR SPECIAL, INCI- DENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TOW- ING, DOWNTIME, LOST PRODUCTIVITY, CARGO DAMAGE, TAXES, LOST PROFITS, COSTS OF PROCUREMENT OF A SUBSTITUTE COMPONENT OR ANY OTHER LOSSES OR COSTS RESULTING FROM A COVERED COMPONENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE EXTENT SUCH STATE’S LAW IS APPLICABLE TO THESE TERMS. (8) TIME LIMIT ON COMMENCING LEGAL ACTION. ANY LEGAL ACTION OR CLAIM ARISING FROM OR RELATED TO THIS WARRANTY, IN CONTRACT OR OTHERWISE, MUST BE COMMENCED WITHIN ONE YEAR FROM THE ACCRUAL OF THAT CAUSE OF ACTION, OR BE BARRED FOREVER. (9) To Obtain Service. If the Owner discovers within the applicable coverage period a defect in material or workmanship, the Owner must promptly give notice to either Meritor WABCO or the dealer from which the vehicle was purchased. To obtain service, the vehicle must be taken to any participating OEM new truck and/or trailer dealer or authorized Meritor WABCO service location. The dealer will inspect the vehicle and contact Meritor WABCO for an evaluation of the claim. When authorized by Meritor WABCO, the dealer will repair or replace during the term of this warranty any defective Meritor WABCO component covered by this warranty. (10) Entire Agreement. This is the entire agreement between Meritor WABCO and the Owner about warranty and no Meritor, Meritor WABCO employee, or dealer is authorized to make any additional warranty on behalf of Meritor WABCO unless in writing and signed by an authorized representative of Meritor WABCO. meritorwabco.com ©2017 Meritor WABCO Vehicle Control SystemsMeritor WABCO Vehicle Control Systems is ajoint venture of Meritor™ and WABCO For more information on Meritor WABCO Warranty, call our OnTrac Customer Service team at 866-OnTrac1 (866-668-7221) or visit meritorwabco.com. Litho in USA. Revised 06/17.SP-1375 (47865/11900)Meritor WABCO Vehicle Control Systems2135 West Maple Road, Troy, Michigan 48084, USAPhone: 866-ONTRAC1 (866-668-7221) Fax: 248-435-8002 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0004 Velocity® & Impel® Window Regulators Pierce Manufacturing certifies the integrity of the Velocity® & Impel® window regulators. Specimens representing the substantial structural configuration of the Velocity® & Impel® window regulators have been successfully tested to meet the following objectives: OBJECTIVES: • Electric window regulators withstand 30,000 up-down cycles. CONCLUSIONS: • The electric window regulators withstood 30,000 cycles without failure. VALIDATION TEST: RD1350, RD1368 Pierce Manufacturing, Inc. James Roger Lackore, PE March 16, 2008 CD0004 Window Regulators - Velocity 080315 1 7/8/2008 CD0009 Cab Integrity Certification - Velocity 080123 1 7/8/2008 PIERCE MANUFACTURING INC.® AN OSHKOSH TRUCK CORPORATION® COMPANY Certification Document CD0009 Velocity® & Impel® Cab Integrity Certification Pierce Manufacturing certifies the integrity of the Velocity/Impel cab relative to occupant protection. A specimen representing the substantial structural configuration of the Velocity and Impel cab models has been successfully tested in accordance with the following standards. • SAE J2422 Cab Roof Strength Evaluation – Quasi-Static Loading Heavy Trucks. • European Occupant Protection Standard ECE Regulation No. 29. • SAE J2420 COE Frontal Strength Evaluation – Dynamic Loading Heavy Trucks. Side Impact: The test cab was subjected to dynamic preload where a 13,275 lb moving barrier was slammed into the side of the cab at 5.5 mph, striking with an impact of 13,000 ft-lbs of energy. This test is not required to meet the ECE 29 standard, but is part of the SAE J2422 test procedure and more closely represents the forces a cab will see in a roll-over incident. Roof Crush: This same test cab was then subjected to a roof crush force of 22,050 lbs. This value meets the ECE 29 criteria, which must be equivalent to the front axle rating up to a maximum of 10 metric tons. Additional Roof Crush: The same cab was then loaded with 58,000 lbs, 85,000 lbs, and finally 100,000 lbs on the roof, exceeding the ECE test by 4.5 times! CD0009 Cab Integrity Certification - Velocity 080123 2 7/8/2008 Frontal Impact: The test cab was struck by the 13,275 lb moving barrier at a speed sufficient to impart the required 32,600 ft-lbs of energy. The cab survived this second blow without compromising the survival space of any occupant area. Additional Frontal Impact: The same cab was then struck a third time at a higher speed to impart 65,200 ft-lbs of energy into the cab (twice the ECE 29 level of energy). The cab survived this third blow, again without compromising the survival space of any occupant area. Side Crush: As an additional test of the Velocity/Impel strength, the same test cab was set on its side and loaded to 100,000 lbs. The cab in this test withstood the load without any appreciable damage or occupant space intrusion. Pass-Fail criteria of the SAE tests and the ECE 29 test is a measure of whether the “survival space” inside the cab is compromised during any of the test loads. The Pierce cab withstood all integrity tests on the same cab without any measurable intrusion into the survival space of the occupant area. Witnessed and Certified by: Pierce Manufacturing, Inc. James Roger Lackore, PE January 24, 2008 CD0156 Vehicle Stability 170601.doc 1 6/26/2017 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0156 Statement of Compliance to NFPA 1901-2016 Vehicle Stability Pierce fire apparatus comply with NFPA 1901 Section 4.13 Vehicle Stability using the tilt table method. As prescribed by the standard, each apparatus is compared to a substantially similar apparatus that has been loaded as required and tested on a tilt table per the SAE J2180 test procedure. If the apparatus configuration was not expected to meet the minimum tilt table criteria, then it will be equipped with the Electronic Stability Control option. A listing of all tested apparatus is maintained by the Research and Development lab and is available for inspection at the Appleton factory. VALIDATION TEST: Multiple Tests Pierce Manufacturing, Inc. David W. Archer Vice President of Engineering June 1, 2017 Warranty Begins: The transmission cooler shall be free from component or structural failures caused by defects in material and/or workmanship. Collateral damage up to $10,000 per occurrence is available for the first three (3) years. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. Five (5) Years on Oil Cooler and three (3) years on collateral damage coverage Warranty Period Ends After: Fire and Rescue Apparatus Coverage: Five (5) Year Material and Workmanship - Transmission Oil Cooler Three (3) Year Collateral Damage Coverage 1. LIMITED WARRANTY The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: The date of delivery to the first retail purchaser. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This warranty does not cover repair due to accidents, misuse, and excessive vibration, flying debris, storage damage (freezing), negligence or modification. This warranty is void if any modification or repairs are performed without authorization. This also voids any future warranty. This warranty does not cover cost of maintenance or repairs due to lack of required maintenance services as recommended. Performance of the required maintenance and use of proper fluids are the responsibility of the owner. Towing is covered to the nearest distributor or authorized dealer only when necessary to prevent further damage to your transmission. Labor costs for the removal and reinstallation of goods may be covered when necessary to make repairs. Please contact your OEM for authorization. Replacement of cooler during the warranty period is limited to 100% of reasonable labor costs up to a maximum of $700 to remove, replace, or repair the oil cooler. Conditions and Exclusions: See Also Paragraphs 2 thru 4 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle.2/22/2012 WA0216 THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. CD0098 Power Steering System 110623.doc 1 10/14/2014 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0098 Power Steering System Pierce Manufacturing, Inc. certifies that the power steering system as installed in our custom chassis meets the requirements of the component supplier, the NFPA 1901 and NFPA 1906 guidelines as applicable, and Pierce internal design standards. VALIDATION TEST: RD1987, RD2055 RD2056, RD2057, RD2058, RD2059 Pierce Manufacturing, Inc. David W. Archer Director of Engineering June 03, 2011 United Plastic Fabricating, Inc. (hereinafter called “UPF”) warrants each POLY-TANK®, Booster/Foam Tank POLYSIDE® Wetside Tank, Integrator Tank/Body, ELLIPSE™ Elliptical Tank, Ellip-T-Tank Tank and DEFENDER™ Skid Tank to be free from defects in material and workmanship for the service life of the original vehicle (vehicle must be actively used in an emergency re-sponse for fire suppression). All UPF Tanks must be installed and operated in accordance with the UPF Installation and Operating Guidelines. Failure to do so can void the warranty. Every UPF Tank is inspected and tested before leaving our facility. Should your UPF Tank require service, please notify UPF via email, fax, in writing or by calling UPF at 1-978-975-4520. Please provide the serial number, a de- scription of the service request, the location along with the phone number and name of the contact person. Our goal is to have scheduled work completed within a reasonable time period. Under a valid warranty claim, UPF will cover the cost to repair the UPF Tank including the customary and reasonable costs to make the tank accessible such as the removal and reinstallation of the tank if authorized in advance (pre-approved) by UPF. The warranty will not cover tanks that have been im-properly installed, operated, misused, abused, or modified from its intended or designed use. Serial number must not have been altered, defaced or re- moved. Tanks that are not stored or installed properly which results in the tank suffering UV damage will not be covered by this agreement. Should UPF determine that the service claim is valid under this warranty for a tank located outside of the United States and Canada, UPF will assume the costs for labor and material for the warranty repair as described above plus all travel costs to the U.S. port of embarkation. Costs for airline travel outside of the U.S. and Canada will not be the responsibility of UPF. In the event the tank shall become stationed in an area of the world that is considered to be a war zone or where unsafe conditions exist for the safe passage of United States Nationals, as reported by the United States Depart-ment of State, (http://www.state.gov), and a request to perform service or warranty repairs, UPF reserves the right to refuse to honor such requests. It is the purchaser’s responsibility to relocate the tank to an area where such repairs can be performed without undue risk to UPF employees or their des-ignee. UPF will make every reasonable effort to support our products though alternative means. For Ellipse™ elliptical tanks, a separate five year warranty provided by the subcontractor is applied to the sub-frames, chute linings (rubber isolation strips) and metal components. The stainless steel wrap provided by UPF shall be warranted by the subcontractor performing the wrap installation in accordance with their warranty in place at the time of the installation. UPF will not be liable for any warranty costs associated with the wrap, sub-frames, chute linings (rubber isolation strips) and metal components but will assist with all claims on behalf of its customer. For PolySide® wetsided tanks and Integrator™ Tank/Body units, all polypro-pylene components related to the tank shall carry the standard UPF lifetime FOR: POLY-TANK®, POLYSIDE®, INTEGRATOR™, ELLIPSE™, ELLIP-T-TANK™ & DEFENDER™WARRANTYUNITED PLASTIC FABRICATING, INC. LIFETIME SERVICE WARRANTY Continued on back Effective 1 August, 2009 service warranty. Other polypropylene components, including but not limited to compartments, wheel wells, fenders and other body related components shall be warranted by UPF for a period of ten years. The warranty for the PolySide® and Integrator™ units excludes paint or hardware, which shall be covered by the manufacturer of the paint/hardware. All UPF tanks 50 gallons or less utilized for non-fire applications and installed on specialty vehicles such as ATVs, trailers, boats, etc. are covered under a separate warranty policy available from UPF. Further, UPF Protector™ foam and water trailers are warranted under a separate warranty policy available from UPF. This UPF warranty is transferable within the United States only with prior writ-ten approval by UPF (except an original apparatus manufacturer may assign this warranty to the first titled owner/lessee of the apparatus). UPF will NOT reimburse any unnecessary work and/or work that has not been pre-approved. Any and all third party charges must be pre- authorized and approved in writing by UPF prior to commencing the work. Any unauthorized third party repairs, alterations, actions or modi-fications will not be covered and can void the warranty. UPF will be the sole determining authority as to whether a service claim will be valid and covered under this warranty. In no event will UPF be liable for an amount in excess of the purchase price of the booster/foam tank at the time of manufacture or for any loss or dam-age, whether direct, indirect, incidental, consequential, or otherwise arising out of failure of its product. Loss of contents (water, foam, etc.) shall not be the responsibility of UPF. Further, UPF is not responsible for costs associated with service repairs to chassis, sub-frames, bodies, valves, dumps, hoses, pressure vacuum vents, and other components (i.e. liquid level transducers, etc.). Further, UPF will not cover the cost for travel of the vehicle to and from a repair facility. This warranty contains the entire warranty. It is the sole warranty and price agreements or representation, whether oral or written, are either merged herein or expressly cancelled. UPF neither assumes, nor authorizes any per-son supposing to act on its behalf to change, nor assume for it, any warranty or liability concerning its product. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Some states do not allow exclusion or limitation or incidental or consequential damage, so the above limitation or exclusion may not apply to you. Since some states do not allow limitations on the length of an implied warranty, the above limitation may not apply to you. THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, WHICH EX-TEND BEYOND THE DESCRIPTION OF THE FACE HEREOF. THERE IS NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR A WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ADDITION-ALLY, THIS WARRANTY IS IN LIEU OF ALL OTHER OBLIGATION OR LIABILITIES ON THE PART OF UPF.FOR: POLY-TANK®, POLYSIDE®, INTEGRATOR™, ELLIPSE™, ELLIP-T-TANK™ & DEFENDER™WARRANTYUNITED PLASTIC FABRICATING, INC. POLY-TANK®,& POLYSIDE® are registered trademarks of UPF, Inc. INTEGRATOR™, ELLIPSE™, ELLIP-T-TANK™ & DEFENDER™ are trademarks of UPF, Inc. © 08/01/09 UPF, Inc. Printed in the USA 2 6 0 0 A M E R I C A N D R I V E • A P P L E T O N , W I 5 4 9 1 2 -2 0 1 7 • 9 2 0 -832-3 000 P I E R C E M A N U F A C T U R I N G I N C . B U L L E T I N TO: All Dealer Service Representatives From: Kevin Hanegraaf DATE: January 4, 2010 RE: UPF Tank Warranty Policy – Truck in Accident Service Topic #292 To keep the UPF tank warranty valid on trucks that have been involved in a vehicular accident, it is UPF’s policy that the customer must remove the tank from the truck and send it back to one of UPF’s facilities for inspection. In the event that this does not take place, the warranty will be considered null and void. The customer must remove and send the tank back to UPF for inspection in order to maintain the original warranty coverage, at which time it will be: - Filled with water - Visually inspected - Ultraviolet spark tested on articulating test stand in the dark - Recommendation for repairs if necessary provided by UPF - Fully evaluated and repaired by UPF If your customer chooses to leave the tank on the truck and wants a technician to inspect and/or repair the tank in the field, then the warranty is no longer in effect. This direction is upheld by UPF because the technician cannot inspect the entire tank when it is still installed on the truck. Note: This memo is intended to relay the information Pierce has received on UPF’s tank warranty for trucks that are in a vehicular accident. In the event of an actual claim, we direct you to consult with UPF’s service Manager Maura Watts (800-638-8265 x253) A & A Manufacturing Co., Inc. 2300 S. Calhoun Road · New Berlin, WI 53151 · Phone (262) 786-1500 · Fax (262) 786-3280 Pierce Warranty Statement for Gortite Roll Up Doors Rev 2/24/2011 All mechanical components of the door shall be warranted to be free from defects in materials and workmanship for the lifetime of the vehicle. All parts covered under this warranty shall be to the original owner. A&A manufacturing warrants that painted doors shall be free of blistering, peeling, bubbling, or any other adhesion defect caused by defective manufacturing methods or paint material selection. The time period for the coverage shall be 6 years from date of door shipment to Pierce. Satin anodized finish doors shall be warranted for 6 years against corrosion defects from date of door shipment to Pierce. Replacement of decals/Scotchlite is not covered. The maximum amount A&A will reimburse for labor is $60.00 per hour and the maximum amount of time allowed for repair is as follows: Door 1.0 Hr. Slat Replacement 1.0 Hr. Pennant Plate Replacement 1.0 Hr. Roller Replacement .5 Hr. Seal Replacement .5 Hr. Switch/Magnet Replacement 1.0 Hr. Travel Time 4.0 Hr. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 1/11/2011 WA0188 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This limited warranty does not apply to related wire harnesses, cables, and connectors, which are covered by the Pierce one (1) year basic apparatus limited warranty. Conditions and Exclusions: See Also Paragraphs 2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: 54 Months Material and Workmanship Camera System Fifty - Four (54) monthsWarranty Period Ends After: The date of delivery.Warranty Begins: This limited warranty covers repairs to correct any defect related to materials or workmanship of the Sharpvision camera system installed on the apparatus occuring during the warranty period. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. Cummins Warranty Worldwide Fire Apparatus/Crash Trucks Coverage Products Warranted This Warranty applies to new diesel Engines sold byCumminsanddeliveredtothefirstuseronorafterApril1,2007,that are used in fire apparatus truck andcrashtruck*applications Worldwide. Base Engine Warranty The Base Engine Warranty covers any failures of theEnginewhichresult,under normal use and service,from a defect in material or factory workmanship(Warrantable Failure).This Coverage begins with thesaleoftheEnginebyCumminsandendsfiveyearsor100,000 miles (160,935 kilometers),whichever occursfirst,after the date of delivery of the Engine to the firstuser. Engine aftertreatment components included in theCumminsCriticalPartsList(CPL)and marked with aCumminspartnumberarecoveredunderBaseEngineWarranty. Additional Coverage is outlined in the EmissionWarrantysection. These Warranties are made to all Owners in thechainofdistributionandCoveragecontinuesto allsubsequentOwnersuntiltheendoftheperiodsofCoverage. CumminsResponsibilities Cummins will pay for all parts and labor needed torepairthedamagetotheEngineresultingfromaWarrantableFailure. Cummins will pay for the lubricating oil,antifreeze,filter elements,belts,hoses and other maintenanceitemsthatarenotreusableduetotheWarrantableFailure. Cummins will pay for reasonable labor costs forEngineremovalandreinstallationwhennecessary torepairaWarrantableFailure. Cummins will pay reasonable costs for towing avehicledisabledbyaWarrantableFailuretothenearestauthorizedrepairlocation.In lieu of the towingexpense,Cummins will pay reasonable costs formechanicstotraveltoandfromthelocationofthevehicle,including meals,mileage and lodging whentherepairisperformedatthesiteofthefailure. OwnerResponsibilities Owner is responsible for the operation andmaintenanceoftheEngineasspecifiedinCumminsOperationandMaintenanceManuals.Owner is alsoresponsibleforprovidingproofthatallrecommendedmaintenancehasbeenperformed. Before the expiration of the applicable Warranty,Owner must notify a Cummins distributor,authorizeddealerorotherrepairlocationapprovedbyCumminsofanyWarrantableFailureandmaketheEngineavailableforrepairbysuchfacility.Except for EnginesdisabledbyaWarrantableFailure,Owner must alsodelivertheEnginetotherepairfacility. Service locations are listed on the Cummins WorldwideServiceLocatoratcummins.com. Owner is responsible for the cost of lubricating oil,antifreeze,filter elements and other maintenance itemsprovidedduringWarrantyrepairsunlesssuchitemsarenotreusableduetotheWarrantableFailure. Owner is responsible for communication expenses,meals,lodging and similar costs incurred as a result ofaWarrantableFailure. Owner is responsible for non-Engine repairs and for‘‘downtime’’expenses,cargo damage,fines,allapplicabletaxes,all business costs and other lossesresultingfromaWarrantableFailure. Owner is responsible for a $100 (U.S.Dollars)deductible per each service visit under this plan in the3rd,4th and 5th years of Base Engine Warranty.Thedeductiblewillnotbechargedduringthefirst2yearsoftheBaseEngineWarranty. Limitations Cummins is not responsible for failures or damageresultingfromwhatCumminsdeterminestobeabuseorneglect,including,but not limited to:operationwithoutadequatecoolantsorlubricants;overfueling;overspeeding;lack of maintenance of lubricating,cooling or intake systems;improper storage,starting,warm-up,run-in or shutdown practices;unauthorizedmodificationsoftheEngine. Any unauthorized modifications to the aftertreatmentcouldnegativelyeffectemissionscertificationandvoidWarranty. Cummins is also not responsible for failures caused byincorrectoil,fuel or diesel exhaust fluid or by water,dirt or other contaminants in the fuel,oil or diesel exhaust fluid. This Warranty does not apply to accessories suppliedbyCumminswhichbearthenameofanothercompany.Such non-warranted accessories include,butarenotlimitedto:alternators,starters,fans,airconditioningcompressors,clutches,filters,transmissions,torque converters,vacuum pumps,power steering pumps,fan drives and air compressors.Cummins branded alternators and starters are coveredforthefirsttwoyearsfromthedateofdeliveryoftheEnginetothefirstuser,or the expiration of the BaseEngineWarranty,whichever occurs first. Failures resulting in excessive oil consumption are notcoveredbeyondthedurationoftheCoverageor100,000 miles (160,935 kilometers)or 7,000 hours fromthedateofdeliveryoftheEnginetothefirstuser,whichever of the three occurs first.Before a claim forexcessiveoilconsumptionwillbeconsidered,OwnermustsubmitadequatedocumentationtoshowthatconsumptionexceedsCumminspublishedstandards. Failures of belts and hoses supplied by Cummins arenotcoveredbeyondthefirstyearfromthedateofdeliveryoftheEnginetothefirstuserorthedurationoftheWarranty,whichever occurs first. Parts used to repair a Warrantable Failure may be newCumminsparts,Cummins approved rebuilt parts orrepairedparts.Cummins is not responsible for failuresresultingfromtheuseofpartsnotapprovedbyCummins. A new Cummins or Cummins approved rebuilt partusedtorepairaWarrantableFailureassumestheidentityofthepartitreplacedandisentitledtotheremainingCoveragehereunder. Cummins Inc.reserves the right to interrogateElectronicControlModule(ECM)data for purposes offailureanalysis. CUMMINS DOES NOT COVER WEAR OR WEAROUTOFCOVEREDPARTS. CUMMINS IS NOT RESPONSIBLE FOR INCIDENTALORCONSEQUENTIALDAMAGES. THIS WARRANTY AND THE EMISSION WARRANTYSETFORTHHEREINAFTERARETHESOLEWARRANTIESMADEBYCUMMINSINREGARDTOTHESEENGINES.CUMMINS MAKES NO OTHERWARRANTIES,EXPRESS OR IMPLIED,OR OFMERCHANTABILITYORFITNESSFORAPARTICULARPURPOSE. This Warranty gives you specific legal rights,and youmayalsohaveotherrightswhichvaryfromstatetostate. EmissionWarranty Products Warranted This Emission Warranty applies to new EnginesmarketedbyCumminsthatareusedintheUnitedStates**in vehicles designed for transporting personsorpropertyonastreetorhighway.This WarrantyappliestoEnginesdeliveredtothefirstuseronor afterSeptember1,1992. Coverage Cummins warrants to the first user and eachsubsequentpurchaserthattheEngineisdesigned,built and equipped so as to conform at the time of salebyCumminswithallU.S.federal emission regulationsapplicableatthetimeofmanufactureandthatitisfreefromdefectsinmaterialorfactoryworkmanshipwhichwouldcauseitnottomeettheseregulationswithinthelongerofthefollowingperiods:(A)Five years or100,000 miles (160,935 kilometers)of operation,whichever occurs first,as measured from the date ofdeliveryoftheEnginetothefirstuseror(B)The BaseEngineWarranty. If the vehicle in which the Engine is installed isregisteredinthestateofCalifornia,a separateCaliforniaEmissionWarrantyalsoapplies. Limitations Failures,other than those resulting from defects inmaterialorfactoryworkmanship,are not covered bythisWarranty. Cummins is not responsible for failures or damageresultingfromwhatCumminsdeterminestobeabuseorneglect,including,but not limited to:operationwithoutadequatecoolantsorlubricants;overfueling;overspeeding;lack of maintenance of lubricating,cooling or intake systems;improper storage,starting,warm-up,run-in or shutdown practices;unauthorizedmodificationsoftheEngine. Any unauthorized modifications to the aftertreatmentcouldnegativelyeffectemissionscertificationandvoidWarranty. Cummins is also not responsible for failures caused byincorrectoil,fuel or diesel exhaust fluid or by water,dirt or other contaminants in the fuel,oil or dieselexhaustfluid. Cummins is not responsible for non-Engine repairs,‘‘downtime’’expenses,cargo damage,fines,allapplicabletaxes,all business costs or other lossesresultingfromaWarrantableFailure. Cummins Inc. Box 3005 Columbus, IN 47202-3005 U.S.A. Bulletin 3381161 Printed in U.S.A. Rev. 08/09 ©2001 Cummins Inc. CUMMINS IS NOT RESPONSIBLE FOR INCIDENTALORCONSEQUENTIALDAMAGES. *Airport operated crash trucks and fire departmentoperatedtrucksemployedtorespondtofires,hazardous material releases,rescue and otheremergency-type situations. **United States includes American Samoa,theCommonwealthofNorthernMarianaIslands,Guam,Puerto Rico and the U.S.Virgin Islands. Cummins Inc.Box 3005Columbus,IN 47202-3005U.S.A. Bulletin 3381161PrintedinU.S.A.Rev.08/092001CumminsInc. CD0166 Heat and Defrost - Velocity MCC 290420.doc 1 4/28/2020 Oshkosh Corporation Classification - Restricted PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0166 Velocity® & Impel® Cab Heater Pierce Manufacturing certifies the performance of the Velocity® & Impel® cab heat system. The Velocity® & Impel® Heater System was tested successfully in an environmental chamber. Heater testing was performed using the coolant supply procedures from SAE J381. The average cab temperature increased 86.5º F from -10º F to 75.6º F within the prescribed 30 minutes utilizing the right side under seat auxiliary heater. The cab was contained in a cold chamber at -10º F during the duration of the test. CD0166 Heat and Defrost - Velocity MCC 290420.doc 2 4/28/2020 Oshkosh Corporation Classification - Restricted VALIDATION TEST: TR#19-0047 R00 Pierce Manufacturing, Inc. David Archer, Vice President of Engineering CD0168 Velocity & Impel Air Conditioning 290420.doc 1 4/28/2020 Oshkosh Corporation Classification - Restricted PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0168 Velocity® & Impel® Air Conditioning & Defrost Pierce Manufacturing certifies the performance of the Velocity® & Impel® cab air conditioning and defrost system. The air conditioning and defrost system was tested successfully in an environmental chamber. Air Conditioning: Air conditioning performance testing was conducted at an ambient of 100°F and 50 percent relative humidity. Engine speed was maintained at 1000 rpm with the controls set to maximum cooling. All temperature probes were monitored to confirm temperature stabilization. The transient test began when all the vehicle doors were closed, and the air conditioning was turned on. The average cab temperature dropped to 72.6 º F at the end of the 30-minute test. CD0168 Velocity & Impel Air Conditioning 290420.doc 2 4/28/2020 Oshkosh Corporation Classification - Restricted Defrosting Defroster testing was performed in accordance with SAE J381 Windshield Defrosting Systems Test Procedure and Performance Requirements-Trucks, Buses, and Multipurpose Vehicles. This SAE Recommended Practice establishes uniform test procedures and performance requirements for the defrosting system of enclosed cab trucks, buses, and multipurpose vehicles. Current engineering practice prescribes that for laboratory evaluation of defroster systems, an ice coating of known thickness be applied to the windshield and left- and right- hand side windows to provide more uniform and repeatable test results, even though under actual conditions such a coating would necessarily be scraped off before driving. The test condition, therefore, represents a more severe condition than the actual condition, where the defroster system must merely be capable of maintaining a cleared viewing area. During the test, the vehicle is cold-soaked to 0º F in a cold chamber. A prescribed layer of ice is applied to the windshield. The defroster is then run and the advancing melt boundary marked as the test proceeds. The SAE prescribed area of the windshield was 100% cleared within the specified 30 minute period. Defrost Results Start of Test 15 Minutes 30 Minutes Right Viewed From Outside Left VALIDATION TEST: MCC Test Report TR#19-0047 R00 CD0168 Velocity & Impel Air Conditioning 290420.doc 3 4/28/2020 Oshkosh Corporation Classification - Restricted Pierce Manufacturing, Inc. David Archer Vice President of Engineering This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. The exclusions listed in the attached Meritor warranty description shall apply. Conditions and Exclusions: See Also Paragraphs 2 thru 4 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. Two (2) YearWarranty Period Ends After: Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 8/22/2017 WA0328 THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. Fire and Rescue Apparatus Coverage: Two (2) Year Material and Workmanship Meritor Axles Limited Warranty Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: The Meritor axle shall be covered by Meritor as indicated in the attached Meritor warranty coverage description 1. LIMITED WARRANTY (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: MERITOR® COMMERCIAL VEHICLE SYSTEMS WARRANTY/MODEL YEAR 2018 VEHICLES Advantage Program Purchasing additional coverage on select components will continue to safeguard your investment against major repair costs after the initial base coverage expires. You can find out more about the Advantage Program by visiting www.meritor.com or by contacting Meritor at 866-OnTrac1 (866-668-7221). 2 Linehaul .............................................................................................................3-4 General Service ...................................................................................................5-6 Heavy Service ......................................................................................................7-8 Off-Highway Service ................................................................................................9 Terms and Conditions ............................................................................................10 How to Read Warranty Coverage Number of Years Mileage (in thousands) Unl=Unlimited P=Parts Only P&L=Parts & Labor Notice: Models or components that are approved for use by Meritor’s vocational guidelines contained in Meritor Publication TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, which are not specifically listed, are warranted for one year, unlimited miles, parts only (1/Unl/P). Products purchased on an incomplete vehicle (glider) are limited to one year, unlimited miles parts only (1/Unl/P). Effective Model Year 2018 Vehicles WARRANTY INFORMATION CONTENTS n Auto Hauler n Bulk Hauler n Chip Hauler (Truck)* n Doubles n Flatbed n General Freight n Grain Hauler n Livestock Hauler n Moving Van n Pipe Hauler n Refrigerated Freight n Tanker n Triples FD-965 FF-941 FF-942 FF-943 FF-944 FF-961 FF-966 FF-967 FG-941 FG-943 MFS-10-122A MFS-10-143A-N MFS-10-144A-N MFS-12-122A-N MFS-12-122B-N MFS-12-122C-N MFS-12E-122A-N MFS-12-132B-N MFS-12-132C-N MFS-12-143A-N MFS-12E-143A-N MFS-12-144A-N MFS-13-122A-N MFS-13-122B-N MFS-13-122C-N MFS-13-132B-N MFS-13-132C-N MFS-13-143A-N MFS-13-144A-N MFS-14-122A-N MFS-14-143A-N n High mileage operation (over 60,000 miles/year) n Well maintained major highways of concrete or asphalt construction n Greater than 30 miles between starting and stopping Coverage under Meritor’s warranty require that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, and/or contact Meritor regarding specific application approval questions on any product line. * Chip Hauler vehicles require specific axle models listed below and Linehaul condition to be eligible for Linehaul warranty consideration. Linehaul Vehicles Front Non-Drive Steer Axles – 5/750/P&L Linehaul Typically Is RPL 5/500/P, 1/Unl/P&L MXL 3/350/P, 1/Unl/P&L 155N 1/Unl/P 92N 1/Unl/P Drivelines RS-19-144/145/A MS-19-14X MS-21-144 RS-21-145 RS-21-160 RS-23-160 RS-23-161 RS-23-186 Rear Drive Single Axles – 5/750/P&L 1 These models required for Chip Hauler and Linehaul warranty consideration. 2 Each vehicle must have a Request for Application Recommendation (RAR) approved by Meritor prior to vehicle build. All RARs must identify the chassis number or VIN. Refer to Product Information Letter #303 and #396 for further details. RT-34-144/P/A RT-40-145/A RT-40-160/P1,2 RT-46-160/P1,2 RT-46-164EH/P1,2 RT-50-160/P1,2 MA-40-165 MA-40-175 MT-34-14X/P MT-40-14X/P MT-40-14X/P MT-40-144/P MT-40-943 MT-40-943-SP RZ-1662 RZ-188 Rear Drive Tandem/Tridem Axles – 5/750/P&L LINEHAUL WARRANTY INFORMATION 3 Cam Q Series Trailer Brakes 5/500/P, 1/100/L LX500 Feature1 5/750/P&L Q+ Drum Brake™ 5/500/P, 1/Unl/P&L ASA 5/500/P, 1/Unl/P&L Hubs/Cast Drums and Other Wheel-end Components 1/Unl/P Hydraulic Disc Brakes 1/Unl/P All Other Brakes 1/Unl/P STEELite X30 Drum Brake™2 12-Years or Wearable Life/P EX+ Air Disc Brake™ 5/500/P, 1/Unl/L 1 Includes: bushing, seal, cam, ASA lubrication and wear coverage of 3/500/P&L. 2 Based on stamped wear diameter max. MPA38/40 (Tandem Axle Parallelogram)1 Major Structural Components 5/500/P, 1/100/L Curbing Damage Warranty2 5/500/P, 1/100/L Height Control Valve 1/100/P&L Shock Absorbers 2/200/P&L Air Springs 2/200/P, 1/100/L Bushings 7/700/P, 5/500/L PinLoc Air Controls 1/100/P&L PinLoc Actuator 3/300/P&L MPA20 (Single Axle Parallelogram) Major Structural Components 5/500/P, 1/100/L Height Control Valve 1/100/P&L Shock Absorbers 2/200/P&L Air Springs 2/200/P, 1/100/L Bushings 7/700/P, 5/500/L MTA (Trailing Arm) Major Structural Components 5/500/P, 1/100/L Height Control Valve 1/100/P&L Shock Absorbers 2/200/P&L Air Springs & Rebound Straps 2/200/P, 1/100/L Bushings 5/500/P, 3/300/L 1 Fastener torque coverage is limited to 2/Unl P&L when torqued by Meritor (For axle and ABS coverage, refer to appropriate product warranties.) 2 “Curbing damage” is defined as deformation (bending, buckling, or breakage), caused by sudden impact with a curb or similar fixed object. Damage to the RideSentry slider box (the suspension sliding subframe, consisting of the frame rails, crossmembers, and central A-frame assembly), caused by accidental trailer impact with a curb or similar fixed object, is eligible for warranty coverage. Damage to other components or damage resulting from collision with another vehicle, rollover or fire is not covered under this provision. Warranty is not transferrable to another trailer VIN, and coverage does not apply if the trailer is deemed to be a total loss, scrapped, or otherwise not salvageable. TQ, TQD, TR, TRD Beam and Brackets 5/750/P&L 1 For brake components and ABS Coverage, refer to appropriate product warranties. MTIS Components 3/500/P&L Beam and Brackets 5/500/P, 1/100/L Wheel End Systems1 Standard System2 1/100/P&L PreSet by Meritor3 5/500/P&L AxlePak54 5P/L AxlePak75 7P/L 1 Includes hub, wheel seals and wheel bearings—all systems require annual inspections and proper documentation to ensure full coverage. 2 When installed by Meritor. 3 Requires approved hubcap stating PreSet by Meritor on hubcap face. 4 When specified with AxlePak5 wheel end system, coverage on MTIS thru-tee and stator is 5/500P, 3/500L. 5 When specified with AxlePak7 wheel end system, coverage on MTIS thru-tee and stator is 7/750P, 3/500L. (For brake components and ABS coverage, refer to appropriate product warranties.) Brake Components Trailer Air Suspension Systems TAG/Pusher Axles1 Meritor Tire Inflation System by PSI Trailer Axles 4 LINEHAUL WARRANTY INFORMATION n Aerial Ladder Truck n Aerial Platform n Ambulance n Auto Hauler n Beverage Truck n Chip Hauler n Cross Country Coach n Flatbed n Front Engine Commercial Chassis n Front Engine Integral Coach n General Freight n Intercity Coach n Intermodal Chassis n Livestock Hauler n Meat Packer n Moving Van n Municipal Truck n Newspaper Delivery n Pick-Up and Delivery n Pipe Hauler n Platform Auto Hauler n Pumper n Rear Engine Integral Coach n Recreational Vehicles n Refrigerated Freight n School Bus n Stake Truck n Tanker n Tanker Truck n Tour Bus n Wrecker FD-965 FF-941 FF-942 FF-943 FF-944 FF-946 FF-961 FF-966 FF-967 FG-941 FH-941 FH-9461 FL-941 FL-943 MFS-6-151A-N MFS-6-153B-N MFS-6-162B-N MFS-6-153C-N MFS-6-162C-N MFS-7-113C-N MFS-7-153C-N MFS-7-163C-N MFS-8-113B-N MFS-8-143A-N MFS-8-153B-N MFS-8-163B-N MFS-10-122A MFS-10-143A-N MFS-10-144A-N MFS-12-122A-N MFS-12E-122A-N MFS-12-122B-N MFS-12-122C-N MFS-12-132B-N MFS-12-132C-N MFS-12-143A-N MFS-12-144A-N MFS-12E-143A-N MFS-13-122A-N MFS-13-122B-N MFS-13-122C-N MFS-13-132B-N MFS-13-132C-N MFS-13-143A-N MFS-13-144A-N MFS-14-122A-N MFS-14-143A-N MFS-16-122A-N MFS-16-143A-N MFS-18-133A-N MFS-18-135A-N MFS-18-193A-N MFS-20-133A-N MFS-20-135A-N MFS-20H-193A-N MFS-22H-135A-N MFS-22H-193A-N n Lower mileage operations (less than 60,000 miles/year) n Generally, on-road service (less than 10% off-road) n An average of three (3) miles between starting and stopping Coverage under Meritor’s warranty require that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, and/or contact Meritor regarding specific application approval questions on any product line. RT-40-160/P RT-46-160/P RT-46-164EH/P RT-50-160/P General Service Vehicles Front Drive/Non-Drive Steer Axles – 2/Unl/P&L General Service Typically Is Rear Drive Tandem – 3/Unl/P&L RPL 4/400/P, 1/Unl/P&L MXL 3/350/P, 1/Unl/P&L 155N 1/Unl/P 92N 1/Unl/P Drivelines MS-17-13X MS-17-14X MS-19-13X MS-19-14X RS-17-144/145/A RS-19-144/145/A MS-21-13X MS-21-14X MS-21-144 MS-23-17X RS-21-145/A RS-21-160 RC-22-145 RC-22-145/A RC-23-160 RC-23-161 RC-23-1621 RC-23-1651 RS-23-160 RS-23-161 RS-23-186 RS-24-160 RC-25-160 RS-26-185 MS-26-616 MS-26-616-SP RS-30-185 MS-30-616 MS-30-616-SP RS-35-380 71162 71163 79163 Rear Drive Single Axles – 2/Unl/P&L 1 3/Unl/P&L if PreSet by Meritor. MT-34-14X/P RT-34-144/P/A MT-40-14X/P MT-40-144/P RT-40-145/A MT-44-14X/P RT-44-145/P RT-46-169 MT-52-616 RT-52-1851 MT-58-616 RT-58-1851 MT-70-380 RZ-166 RZ-188 Rear Drive Tandem/Tridem Axles – 2/Unl/P&L 1 Each vehicle must have a Request for Application Recommendation (RAR) approved by Meritor prior to vehicle build. All RARs must identify the chassis number or VIN. Refer to Product Information Letter #303 and #396 for further details. GENERAL SERVICE WARRANTY INFORMATION 1 Can also be used with reduced steer angles in tag position in Coach Applications. 5 Cam Q Series Trailer Brakes 3/Unl/P, 1/Unl/L LX500 Feature1 3/Unl/P&L Cam P3 2/200/P Cam 3/Unl/P Q+ Drum Brake™ 3/Unl/P&L Q+ Drum Brake ™3 2/200/P&L ASA 3/Unl/P ASA3 2/200/P Hubs/Cast Drums and Other Wheel-end Components 1/Unl/P Hydraulic Disc Brakes 1/Unl/P All Other Brakes 1/Unl/P STEELite X30 Drum Brake™2 12-Years or Wearable Life/P EX+ Air Disc Brake™ 2/Unl/P&L 1 Includes: bushing, seal, cam, ASA lubrication and wear coverage of 1/Unl/P. 2 Based on stamped wear diameter max. 3 Applies to Tour Bus and Cross Country Coach only. Beam and Brackets1 5/Unl/P, 1/Unl/L Wheel End Systems2 Standard System3 1/Unl/P&L AxlePak54 5P/L AxlePak75 7P/L 1 9000 Series is 3/Unl/P, 1/Unl/L 2 Includes hub, wheel seals and wheel bearings—all systems require annual inspections and proper documentation to ensure full coverage. 3 When installed by Meritor. 4 When specified with AxlePak5 wheel end system, coverage on MTIS thru-tee and stator is 5/500P, 3/500L. 5 When specified with AxlePak7 wheel end system, coverage on MTIS thru-tee and stator is 7/750P, 3/500L. (For brake components and ABS coverage, refer to appropriate product warranties.) Beam & Brackets 6/Unl/P, 1/Unl/L Wheel End Systems1 Standard System 1/Unl/P&L AxlePak7 7P/L Beam and Brackets 7P/1L 1 Includes hub, wheel seals and wheel bearings—all systems require annual inspections and proper documentation to ensure full coverage. MPA38/40 (Tandem Axle Parallelogram)1 Major Structural Components 5/Unl/P, 1/Unl/L Curbing Damage Warranty2 5/500/P, 1/100/L Height Control Valve 1/Unl/P&L Shock Absorbers 2/Unl/P&L Air Springs 2/Unl/P, 1/Unl/L Bushings 7/700/P, 5/500/L PinLoc Air Controls 1/Unl/P&L PinLoc Air Actuator 3/Unl/P&L MPA20 (Single Axle Parallelogram) Major Structural Components 5/Unl/P, 1/Unl/L Height Control Valve 1/Unl/P&L Shock Absorbers 2/Unl/P&L Air Springs 2/Unl/P, 1/Unl/L Bushings 7/700/P, 5/500/L MTA (Trailing Arm) Major Structural Components 5/Unl/P, 1/Unl/L Height Control Valve 1/Unl/P&L Shock Absorbers 2/Unl/P&L Air Springs and Rebound Straps 2/Unl/P, 1/Unl/L Bushings3 5/Unl/P, 3/Unl/L (For axle and ABS coverage, refer to appropriate product warranties.) 1 Fastener torque coverage is limited to 2/Unl P&L when torqued by Meritor 2 “Curbing damage” is defined as deformation (bending, buckling, or breakage), caused by sudden impact with a curb or similar fixed object. Damage to the RideSentry slider box (the suspension sliding subframe, consisting of the frame rails, crossmembers, and central A-frame assembly), caused by accidental trailer impact with a curb or similar fixed object, is eligible for warranty coverage. Damage to other components or damage resulting from collision with another vehicle, rollover or fire is not covered under this provision. Warranty is not transferrable to another trailer VIN, and coverage does not apply if the trailer is deemed to be a total loss, scrapped, or otherwise not salvageable. 3 Raw wood applications 3/Unl/P, 1/Unl/L MTIS Components 3/500/P&L TQ, TQD, TR, TRD Beam and Brackets1 3/Unl/P, 1/Unl/L MC12002, MC14002, MC16003, FH946 2/Unl/P&L (For brake components and ABS coverage, refer to appropriate product warranties.) 1 3/UNL/P&L if sold with PreSet by Meritor. Brake Components Trailer Axles Chassis Axles (2000 Series/ChassiPak) Trailer Air Suspension Systems Meritor® Tire Inflation System by PSI TAG/Pusher Axles 6 GENERAL SERVICE WARRANTY INFORMATION Heavy Service Vehicles n Airport Rescue Fire (ARF) n Airport Shuttle n Asphalt Truck n Block Truck n Bottom Dump Trailer Combination n Cementing Vehicle n City Bus n Commercial Pick-Up n Concrete Pumper n Construction Material Hauler n Crash Fire Rescue (CFR) n Mixer n Demolition n Drill Rig n Dump n Emergency Service n Equipment Hauling n Flatbed Trailer Hauler n Flatbed Truck n Fracturing Truck n Front Loader n Geophysical Exploration n Hopper Trailer Combinations n Landscaping Truck n Liquid Waste Hauler n Log Hauling n Lowboy n Michigan Special Gravel Trains n Michigan Special Log Hauler n Michigan Special Steel Hauler n Michigan Special Waste Vehicle n Municipal Dump n Rapid Intervention Vehicle (RIV) n Rear Loader (Refuse) n Recycling Truck n Residential Pick-Up (Refuse) n Rigging Truck n Roll-Off n Scrap Truck n Semi-End Dump n Sewer/Septic Vacuum n Shuttle Bus n Side Loader n Snowplow/Snowblower n Steel Hauling n Tanker n Tank Truck n Tractors with Pole Trailers n Tractor/Trailer with Jeeps n Transfer Dump n Transfer Vehicle n Transit Bus n Trolley n Utility Truck n Winch Truck n Moderate mileage operation (less than 60,000 miles per year) n On/Off road vocations (10% or more off-road) n Moderate to frequent stops/starts (up to 10 stops per mile) Coverage under Meritor’s warranty require that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, and/ or contact Meritor regarding specific application approval questions on any product line. Heavy Service Typically Is FD-965 FF-941 FF-942 FF-943 FF-944 FF-946 FF-961 FF-966 FF-967 FG-941 FG-943 FH-941 FH-946 FL-941 FL-943 MFS-6-151A-N MFS-6-153B MFS-6-162B MFS-6-162C MFS-7-113C-N MFS-7-153C-N MFS-7-163C-N MFS-8-113B-N MFS-8-153B-N MFS-8-163B-N MFS-10-122A MFS-10-143A-N MFS-10-144A-N MFS-12-122 MFS-12-122B-N MFS-12-122C-N MFS-12E-122 MFS-12-132B-N MFS-12-132C-N MFS-12-143A-N MFS-12-144A-N MFS-12-155 MFS-13-122 MFS-13-122B-N MFS-13-122C-N MFS-13-132B-N MFS-13-132C-N MFS-13-143A-N MFS-13-144A-N MFS-13-155 MFS-14-122 MFS-14-143A-N MFS-16-122A-N MFS-16-143A-N MFS-18-133A-N MFS-18-135A-N MFS-18-193A-N MFS-20-133A-N MFS-20-135A-N MFS-20H-193A-N MFS-22H-135A-N MFS-22H-193A-N RF-16-145 RF-21-160 MX-10-120 MX-10-120 EVO MX-12-120 MX-12-120 EVO MX-14-120 MX-16-120 MX-18-120 MX-17-140 MX-19-140 MX-21-140 MX-21-160 MX-23-160 MX-810 MS-17-14X RS-17-144/145/A MS-19-14X RS-19-144 MS-21-114 MS-21-14X RS-21-145 RS-21-145/A RS-21-160 RC-22-145 RC-23-160 RH-23-160 RS-23-160 RC-23-161 RS-23-161 RS-23-186/380 RC-23-162 RC-23-165 RS-24-160 RS-25-160 MS-26-616 MS-26-616-SP RS-26-185/380 MS-30-616 MS-30-616-SP RS-30-185/380 MS-35-380 RS-38-380 RC-25-160 RC-26-633 MT-58-616 MT-58-616-SP 71162 71163 79163 Front Drive/Non-Drive Steer Axles – 2/Unl/P&L Rear Drive Single Axles – 2/Unl/P&L RPL 3/Unl/P, 1/Unl/P&L 92N 1/Unl/P&L MXL 1/Unl/P&L Drivelines HEAVY SERVICE WARRANTY INFORMATION 7 MT-34-14X/P RT-34-144/P/A MT-40-14X/P RT-40-145/A MT-44-14X/P RT-44-145/P RT-46-169 MT-52-616 MT-52-616-SP RT-52-185/3801,2 MT-58-616 MT-58-616-SP RT-58-185/3801,2 RT-70-380 MT-70-380 RZ-166 RZ-188 Cam P 3/Unl/P Cam P3 2/100/P Cam Cast Plus™ 2/100/P&L Q+ Drum Brake™ 3/Unl/P&L Q+ Drum Brake™2 2/100/P&L ASA 3/Unl/P ASA2 2/100/P Hubs/Cast Drums and Other Wheel-end Components 1/Unl/P Hydraulic Disc Brakes 1/Unl/P All Other Brakes 1/Unl/P EX+ Air Disc Brake 2/100/P&L 1 Based on stamped wear diameter max. 2 Applies to City Bus, Trolley, Shuttle Bus and Airport Shuttle only. 3 Warranty for all non-Meritor ASAs supplied by Meritor for all Heavy Service vocations is 1/100/P. RT-40-160/P/A3 RT-46-160/P/A1,3 RT-46-164EH/P/A2,3 RT-50-160/P/A3 1 U.S. only. Canadian warranty = 1/Unl/P for combination vehicles only. 2 Axle model designated will vary according to options and variations specified on these axles. Contact Meritor Axle Applications Engineering for details. 3 Each vehicle must have a Request for Application Recommendation (RAR) approved by Meritor prior to vehicle build. All RARs must identify the chassis number or VIN. Refer to Product Information Letter #303 and #396 for further details. MTA (Trailing Arm) Major Structural Components1 5/Unl/P, 1/Unl/L Height Control Valve 1/Unl/P&L Shock Absorbers 2/Unl/P&L Air Springs 2/Unl/P, 1/Unl/L Bushings1 5/Unl/P, 3/Unl/L 1 Raw wood applications 3/Unl/P, 1/Unl/L (For axle and ABS coverage, refer to appropriate product warranties.) MTC-4208 MTC-4210 MTC-4213 T-2111 T-2119 MTIS Components 3/500/P&L MC26000 71063 79063 Beam and Brackets1 5/Unl/P, 1/Unl/L Wheel End Systems2 Standard System3 1/Unl/P&L 1 9000 Series is 3/Unl/P, 1/Unl/L. 2 Includes hub, wheel seals and wheel bearings—all systems require annual inspections and proper documentation to ensure full coverage. 3 When installed by Meritor. (For brake components and ABS coverage, refer to appropriate product warranties.) 1 Axle model designated will vary according to options and variations specified on these axles. Contact Meritor Axle Applications Engineering for details. 2 Each vehicle must have a Request for Application Recommendation (RAR) approved by Meritor prior to vehicle build. All RARs must identify the chassis number or VIN. Refer to Product Information Letter #303 and #396 for further details. Rear Drive Tandem/Tridem Axles – 2/Unl/P&L Brake Components Rear Drive Tandem – 3/Unl/P&L Trailer Air Suspension Systems Transfer Cases – 1/Unl/P Meritor Tire Inflation System by PSI Center Non-drive Axles – 2/Unl/P&L Trailer Axles 8 HEAVY SERVICE WARRANTY INFORMATION Industrial And Off-Highway Service Vehicles n Load-On/Load-Off n Port Tractor n Rail Yard Spotter n Roll-On/Roll-Off n Stevedoring Tractor n Trailer Spotter n Yard Jockey n All-Terrain Crane n Rough Terrain Crane n Forestry n Material Handling n Specialized Heavy Haul n Specialized Mining n Excavator n Compactor n Fertilizer Spreader n Snow Blower n Mining n Rail Car Mover n Loader n Tow Tractor n Pushback Tractor n Low mileage operation n Low speed vehicle speed restriction n Vehicles are not typically licensed for highway use n Six (6) starts/stops per mile (typical) Coverage under Meritor’s warranty require that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, TP-12126 for drivelines, and/or contact Meritor regarding specific application approval questions on any product line. MOR MOX MOC RPL MXL MOR MOX MOC MOT Cam P 3/Unl/P Q+ Drum Brake™ 3/Unl/P&L ASA 3/Unl/P Hubs/Cast Drums and Other Wheel-end Components 1/Unl/P Hydraulic Disc Brakes 1/Unl/P All Other Brakes 1/Unl/P FF - 941 FF - 943 FF - 961 FF - 966 FG - 941 FG - 943 FL - 941 FL - 943 MFS-12-143A-N MFS-12-144A-N MFS-13-143A-N MFS-13-144A-N MFS-14-143A-N MFS-16-122A-N MFS-16-143A-N MFS-18-133A-N MFS-18-135A-N MFS-18-193A-N MFS-20-133A-N MFS-20-135A-N MFS-20H-193A-N MFS-22H-135A-N MFS-22H-193A-N MON-Z0 FAMILY MT-44-14X/P MT-52-616 MT-52-616-SP MT-58-616 MT-58-616-SP MT-70-380 RT-44-145/P RT-46-160/P RT-46-164EH/P RT-50-160/P RZ-166 RS-23-186 RS-23-380 RS-24-160 RS-24-160-SP MS-30-616 MS-30-616-SP RS-30-185 RS-30-380 MS-35-380 Industrial And Off-Highway Service Typically Is Drive Steer Axles – 1/Unl/P Drivelines – 1/Unl/P Planetary Axles – 1/Unl/P Brake Components Front Non-Drive Steer Axles – 1/Unl/P Rear Drive Tandem Axles – 2/Unl/P Rear Drive Single Axles – 1/Unl/P OFF-HIGHWAY SERVICE WARRANTY INFORMATION 9 Coverage Exclusions Product Description All The cost of any repairs, replacements or adjustments to a covered component (1) associated with noise; (2) resulting from the use or installation of non-genuine Meritor components or materials; (3) due to vibration associated with improper operation or misapplication of drivetrain components; and (4) damage resulting from corrosion. For axle assemblies supplied by Meritor with suspension and in- terface brackets designed and/or attached by non-Meritor parties, Meritor warranty coverage does not apply to the brackets, bracket attachment methods, and field issues caused by brackets or bracket attachments to any covered component unless specified in a separate OEM agreement. Front Axles King Pin Bushings. Rear Axles Self-contained traction equalizers and oil filters. The use of NoSPIN differentials will result in the exclusion of axle shafts from warranty considerations. NoSPIN is a product of Eaton. ASA Boot and bushing. Bent, broken, over-torqued, missing or otherwise damaged pawl assemblies. Cam Brake Brake lining wear and brake shoe “rust-jacking.” Disc Brake Pad wear, rotor wear. Coverage Limitations Product Description All Any claim beyond 60 days from date of repair will not be accepted or honored under this warranty program. Products purchased on an incomplete vehicle (glider) are limited to one year, unlimited miles parts only (1/Unl/P). Front Axles Tie rod and tie rod ends limited to 3-year/300,000-mile or published vocational coverage, whichever is less. Wheel seals, gaskets and wheel bearings are covered for 1 year/unlimited miles if the wheel end equipment is supplied and assembled by Meritor. Rear Axles Pinion and through shaft seals limited to 3-year/300,000-mile or published vocational coverage, whichever is less, if yoke is installed by Meritor. If yoke is not installed by Meritor, then Meritor does not warrant pinion seals. Wheel seals, gaskets and wheel bearings are covered for 1 year/unlimited miles if the wheel end equipment is supplied and assembled by Meritor. Rear Axles The Meritor® breather part number A-2297-C-8765 with A-3196-J-1336 hose must be used for eligibility of any potential warranty consideration relating to contamination and/or loss of lube in axles. Cam Brake Limited to bracket, brake spider and camshaft structural integrity. STEELite X30 Wearable life is up to the discard diameter of the drum. Disc Brake Warranty coverage for boots, seals, bushings and pins is 2/200/P. Warranty coverage for pads is 1/100/P. Warranty coverage on vehicles with 1,850 lb-ft engine torque and over may be reduced on individual drivetrain components. Contact your Meritor representative for specific details. 10 TERMS AND CONDITIONS For more information: call Ontrac at 866-668-7221 or visit meritor.com ©2017 Meritor, Inc. Litho in USA, SP-95155 Revised 01-17 (47865/11900) Meritor Heavy Vehicle Systems, LLC 2135 West Maple Road Troy, Michigan 48084 USA Vehicle models, brands and names depicted herein are the property of their respective owners, and are not in any way associated with Meritor, Inc., or its affiliates. TERMS AND CONDITIONS (1) What is Covered by this Commercial Warranty? Meritor Inc. warrants to the owner (“Owner”) that the components listed in this publication, which have been installed by an Original Equipment Manufacturer (“OEM”) as original equipment in vehicles licensed for on-highway use, will be free from defects in material and workmanship. This warranty coverage begins only after the expiration of the OEM’s vehicle warranty for the applicable covered components. Warranty coverage ends at the expiration of the applicable time period from the date of vehicle purchase by the first Owner, or, the applicable mileage limitation, whichever occurs first. Duration of coverage varies by component and vocation as detailed elsewhere in this warranty statement. Some components are warranted for parts only and the Owner must pay any labor costs associated with the repair or replacement of the component. Other components are warranted for both parts and reasonable labor to repair or replace the subject component. Components (whether new, used or remanufactured) installed as re-placements under this warranty are warranted only for the remainder of the original period of time or mileage under the original warranty. For certain components, coverage requires the use of specific extended drain interval or synthetic lubricants. For further information about lubrication and maintenance, see Meritor publication Maintenance Manual Number l and the applicable Meritor maintenance manual for the product in question. Other conditions and limitations applicable to this warranty are detailed below. (2) Designation of Vocational Use Required. To obtain warranty coverage, each Owner must notify Meritor through the OEM new truck and/or trailer dealer of the intended vocational use of the vehicle into which the Meritor components have been incorporated prior to the vehicle in-service date. This notification may be accomplished by registering the vehicle through your OEM new truck and/or trailer dealer or with Meritor directly. Failure to notify Meritor of (I) the intended vocational use of the vehicle or (II) a change in vocational use from that which was originally designated, will result in the application of a one year, unlimited mileage, parts only warranty (1/Unl/P) from the initial in-service date. A second Owner and each subsequent Owner must also notify Meritor as to the intended vocational use of the vehicle. This notification can be sent directly to Meritor or through the OEM new truck and/or trailer dealer. The duration and mileage coverage of this warranty cannot exceed the coverage extended to the first Owner after his or her initial designation of vocational use. Coverage under Meritor’s warranty requires that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, and/or contact Meritor regarding specific application approval questions on any product line. (3) What is the Cost of this Warranty? There is no charge to the Owner for this warranty. (4) What is not Covered by this Warranty? This warranty does not cover normal wear and tear; nor does it cover a component that fails, malfunctions or is damaged as a result of (I) improper installation, adjustment, repair or modification (including the use of unauthorized attachments or changes or modification in the vehicle’s configuration, usage, or vocation from that which was originally approved by Meritor), (II) accident, natural disaster, abuse, or improper use (including loading beyond the specified maximum vehicle weight or altering engine power settings to exceed the axle and/or driveline capacity), or (III) improper or insufficient maintenance (including deviation from approved lubricants, change intervals, or lube levels). This warranty does not cover any component or part that is not sold by Meritor. For vehicles that operate full or part time outside of the United States and Canada, a one year, unlimited mileage, parts only warranty (1/Unl/P) will apply. (5) Remedy. The exclusive remedy under this warranty shall be the repair or replacement of the defective component at Meritor’s option. Meritor reserves the right to require that all applicable failed materials are available and/or returned to Meritor for review and evaluation. (6) Disclaimer of Warranty. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESSED, IMPLIED OR STATUTORY INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. (7) Limitation of Remedies. In no event shall Meritor be liable for special, incidental, indirect, or consequential damages of any kind or under any legal theory, including, but not limited to, towing, downtime, lost productivity, cargo damage, taxes, or any other losses or costs resulting from a defective covered component. (8) To Obtain Service. If the Owner discovers within the applicable coverage period a defect in material or workmanship, the Owner must promptly give notice to either Meritor or the dealer from which the vehicle was purchased. To obtain service, the vehicle must be taken to any participating OEM new truck and/or trailer dealer or authorized Meritor service location. The dealer will inspect the vehicle and contact Meritor for an evalu-ation of the claim. When authorized by Meritor, the dealer will repair or replace during the term of this warranty any defective Meritor component covered by this warranty. (9) Entire Agreement. This is the entire agreement between Meritor and the Owner about warranty and no Meritor employee or dealer is authorized to make any additional warranty on behalf of Meritor. This agreement allocates the responsibilities for component failure between Meritor and the Owner. Proposal Option List Line Option Type Option Description Qty 1 0010012 No Boiler Plates requested 1 2 0661794 Single Source Compliance 1 3 0584456 Manufacture Location, Appleton, Wisconsin 1 4 0584452 RFP Location: Appleton, Wisconsin 1 5 0588609 Vehicle Destination, US 1 6 0520877 Comparison Report Required 1 Fill in Blank - 33243 7 0791096 SP BMP Truck 1 Fill in Blank - 22 sps and 466 options booked in Oct 2018 8 0610784 Comply NFPA 1901 Changes Effective Jan 1, 2016, With Exceptions 1 9 0533347 Pumper/Pumper with Aerial Device Fire Apparatus 1 10 0588611 Vehicle Certification, Pumper 1 11 0661778 Agency, Apparatus Certification, Pumper/Tanker, U.L.1 12 0620357 Consortium, Florida Sheriff's 1 13 0537375 Unit of Measure, US Gallons 1 14 0030006 Bid Bond Not Requested 1 15 0050066 Performance Bond, 100% Req'd (Statement by Rep)1 16 0000007 Approval Drawing 1 17 0002928 Electrical Diagrams 1 18 0597598 Velocity Chassis (Med Block), 2010 1 19 0000110 Wheelbase 1 Wheelbase - 184.50 inches 20 0000070 GVW Rating 1 GVW rating - 43500 21 0000203 Frame Rails, 13.38 x 3.50 x .375, Qtm/AXT/Imp/Vel/DCF 1 22 0020018 Frame Liner Not Req'd 1 23 0508848 Axle, Front, Oshkosh TAK-4, Non Drive, 19,500 lb, Imp/Vel 1 24 0030264 Suspension, Front TAK-4, 19,500 lb, Qtm/AXT/Imp/Vel/Dash CF/Enf 1 25 0087572 Shock Absorbers, KONI, TAK-4, Qtm/AXT/Imp/Vel/DCF/Enf 1 26 0000322 Oil Seals, Front Axle 1 27 0582936 Tires, Front, Goodyear, G289 WHA, 315/80R22.50, 20 ply 1 28 0019575 Wheels, Front, Alcoa, 22.50" x 9.00", Aluminum, Hub Pilot 1 29 0530464 Axle, Rear, Meritor RS24-160, 24,000 lb, Imp/Vel/Dash CF 1 30 0544253 Top Speed of Vehicle, 68 MPH 1 31 0122076 Suspen, Rear, Standens, Spring, 24,000 lb, Imp/Vel/Dash CF 1 32 0000485 Oil Seals, Rear Axle 1 33 0582088 Tires, Rear, Goodyear, G291, 315/80R22.50, 20 ply, Single 1 34 0654750 Wheels, Rear, Alcoa-Accuride, 22.50" x 9.00", Aluminum-Steel, Hub Pilot, Single 1 35 0568081 Tire Balancing, Counteract Beads 1 36 0620570 Tire Pressure Monitoring, RealWheels, AirSecure, Valve Cap, Single Axle 1 Qty, Tire Pressure Ind - 6 37 0002045 Mud Flap, Front and Rear, Pierce Logo 1 38 0544802 Chocks, Wheel, SAC-44-E, Folding 1 Qty, Pair - 01 39 0544806 Mounting Brackets, Chocks, SAC-44-E, Folding, Horizontal 1 Qty, Pair - 01 Location, Wheel Chocks - Left Side Rear Tire, Forward and Rearward 40 0010670 ABS Wabco Brake System, Single rear axle 1 41 0030185 Brakes, Knorr/Bendix 17", Disc, Front, TAK-4 1 42 0000730 Brakes, Meritor, Cam, Rear, 16.50 x 7.00"1 43 0020784 Air Compressor, Brake, Cummins/Wabco 18.7 CFM 1 Customer:Clearwater Bid Number: 755 Representative Bouwer, Dustin Job Number: Organization:Ten-8 Fire Equipment, Inc Number of Units:2 Requirements Manager: Bid Date:09/01/2020 Description: Clearwater FY2021 Pumper Stock Number: Body: Pumper, Medium, Aluminum, 2nd Gen Price Level:39 (Current: 39) Chassis:Velocity Chassis (Med Block), 2010 Lane: 6/12/2020 6/12/2020 9:58 AM Page 1755Bid #: Line Option Type Option Description Qty 44 0000785 Brake Reservoirs, Three 1 45 0568012 Air Dryer, Wabco System Saver 1200, Heater, 2010 1 46 0000790 Brake Lines, Nylon 1 47 0000858 Inlet/Outlet, Air, w/Disconnect Fitting 1 Location, Air Coupling(s) - a) DS Step Well Qty, Air Coupling (s) - 1 48 0615609 Fittings, Compression Type, Entire Apparatus, Single Rear Axle 1 49 0795325 Engine, Cummins L9, 450 hp, 1250 lb-ft, W/OBD, EPA 2017, Imp/Vel 1 50 0001244 High Idle w/Electronic Engine, Custom 1 51 0687994 Engine Brake, Jacobs Compression Brake, Cummins Engine 1 Switch, Engine Brake - e) ISC/ISM/ISL9/ISX Hi Med Lo 52 0552334 Clutch, Fan, Air Actuated, Horton Drive Master 1 53 0123135 Air Intake, w/Ember separator, Imp/Vel 1 54 0794761 Exhaust System, 4", 2017 L9 Engine, Horizontal, Right Side 1 55 0769434 SP Exhaust, Modified 20 Degree - Flush With Rubrail, Approval Req'd 1 56 0632182 Diffuser, Exhaust, Curved Down, Chrome, Medium Block 1 57 0787999 Radiator, Impel/Velocity 1 58 0511425 Cooling Hoses, Rubber 1 59 0788718 Radiator Coolant, Peak Final Charge Global OAT, Red 1 60 0051125 Fuel Tank, 75 Gallon, Left Side Fill, Qtm/AXT/Vel/Imp/DCF/SFR/Enf 1 Finish - Painted, Job Color 61 0001129 Lines, Fuel 1 62 0692516 DEF Tank, 4.5 Gallon, DS Fill, Rear of Axle, Common Door, Spring Flip Door 1 Door, Material & Finish, DEF Tank - Polished Stainless 63 0552793 Not Required, Fuel Priming Pump 1 64 0582243 Shutoff Valves, Fuel Line @ Primary Filter, Cummins 1 65 0699437 Cooler, Chassis Fuel, Not Req'd.1 66 0698720 Fuel Cap Retaining Chain With Holder 1 67 0642572 Trans, Allison 5th Gen, 3000 EVS P, w/Prognostics, Imp/Vel/DCF/SFR/Enf 1 68 0625329 Transmission, Shifter, 5-Spd, Push Button, 3000 EVS 1 69 0684459 Transmission Oil Cooler, Modine, External 1 70 0090176 Mode, Downshift, Aggressive downshift to 3rd, w/engine brake, 5 speed 1 71 0683847 Fluid, 3000 Series Transmission, TES-295 TranSynd synthetic, IPOS, Custom 1 72 0001370 Driveline, Spicer 1710 1 73 0669988 Steering, Sheppard M110 w/Tilt, TAK-4, Eaton Pump, w/Cooler 1 74 0001544 Not Required, Steering Assist Cylinder on Front Axle 1 75 0509230 Steering Wheel, 4 Spoke without Controls 1 76 0690274 Logo/Emblem, on Dash 1 Text, Row (1) One - Clearwater Text, Row (2) Two - Fire Text, Row (3) Three - Rescue 77 0524744 Bumper, 22" Extended, Steel, Painted, Imp/Vel 1 78 0616489 Tray, Hose, Center, 22" Bumper, Inside Air Horns, 13" Deep, Imp/Vel 1 Grating, Bumper extension - Grating, Rubber Capacity, Bumper Tray - 20) 125' of 1.75" 79 0603898 Hose Restraint, Bumper Tray, 1" Nylon Webbing, Fasteners 1 Type of fastener - 1" side release 80 0760795 SP Tray, Hose, Left, 15.5" Deep, 13.5" Wide, 17.5" Long, Radius Lip 1 Grating, Bumper extension - Grating, Rubber Capacity, Bumper Tray - 06) 75' of 1.50" 81 0756823 SP Hose Restraint, Bumper Tray, 1" Nylon Webbing, Fasteners 1 Type of fastener - 2" side release 82 0510226 Lift & Tow Package, Imp/Vel, AXT, Dash CF 1 83 0522573 Tow Hooks Not Required, Due to Lift and Tow Package 1 84 0678962 Coating, Top Flange, Front Bumper, Outside Exterior, Line-X Coating, Red 1 85 0668315 Cab, Velocity FR, 7010 Raised Roof 1 86 0668309 Engine Tunnel, ISL and DD13, Impel/Velocity FR 1 87 0677478 Rear Wall, Exterior, Cab, Aluminum Treadplate 1 88 0122465 Cab Lift, Elec/Hyd, Imp/Vel 1 89 0123176 Grille, Bright Finished, Front of Cab, Impel/Velocity 1 90 0752555 Scuffplate, S/S, Striker Side, Cabinet Door(s), Each 2 Location - DS and PS EMS compartment exterior access doors 6/12/2020 9:58 AM Page 2755Bid #: Line Option Type Option Description Qty 90 Qty, - 02 Material Trim/Scuffplate - c) S/S, Polished 91 0029007 SP Scuffplates, On Rear Corners of Cab 1 Material Trim/Scuffplate - c) S/S, Polished 92 0002224 Scuffplates, S/S At Cab Door Jambs, 4-Door Cab 1 Material Trim/Scuffplate - c) S/S, Polished 93 0527032 Trim, S/S Band, Across Cab Face, Rect Lights, Velocity 1 Material Trim/Scuffplate - c) S/S, Polished Turnsignal Covers - No Covers 94 0015440 No Chrome Molding, On side of cab 1 95 0559131 Mirrors, Forward Mtd, Remote, Pierce One-Eleven, LED Turn Signal 1 Finish, Arm Cover - Chrome Finish, Mirror Head - Chrome 96 0667921 Door, Half-Height, Velocity FR 4-Door Cab, Raised Roof 1 Key Model, Cab Doors - 751 97 0655511 Door Panel, Brushed Stainless Steel, Impel/Velocity 4-Door Cab 1 98 0667905 Storage Pockets w/ Elastic Cover, Recessed, Impel/Velocity FR 1 99 0667902 Controls, Electric Windows, All Cab Doors, Impel/Velocity FR 1 100 0606691 Steps, 4-Door Cab, Dual, 2" Larger Middle and Bottom Steps, Imp/Vel 1 Light, Step, Additional - P25 LED 101 0770200 Handrail, Exterior, Hansen, Knurled, Alum, LED Backlit, 4-Door Cab 1 Color, Handrail Light - Red Control, Handrail Light - Cab Switch and Parking Brake 102 0509649 Lights, Cab and Crew Cab Access Steps, P25, LED w/Bezel, 1Lt Per Step 1 103 0002140 Fenders, S/S on Cab 1 104 0592071 No Windows, Side of Crew Cab, Vel/Imp 1 105 0568605 Not Required, Interior Trim, No Cab Side Windows 1 106 0012090 Not Required, Windows, Front/Side of raised roof 1 107 0509286 Not Required, Windows Rear of Crew Cab, Imp/Vel 1 108 0558334 Not Required, Trim, Cab Rear Windows, No Rear Windows 1 109 0775634 SP Fasteners, S/S, Rain Drip, IATS 1 110 0636475 Fasteners, Mechanical, Insulation. Eng Tunnel, Cab 1 111 0123686 Drip Rail, Cab Roof, Impel/Velocity/Velocity SLT 1 112 0773956 SP Work Surface, 3/16" Alum, Full Engine Tunnel, Upper 42.75, Lower Lip,Vel/Imp FR 1 Material Finish, Cab Interior - Painted Lip - 2.00" 113 0748671 Cab Interior, Vinyl, Velocity FR, CARE 1 Color, Cab Interior Vinyl/Fabric - Endure Vinyl - Silver/Gray 114 0667943 Cab Interior, Paint Color, Impel/Velocity FR 1 Color, Cab Interior Paint - b) black 115 0509532 Floor, Rubber Padded Cab & Crew Cab, Imp/Vel, Dash CF 1 116 0741239 HVAC, Impel/Velocity, CARE 1 Paint Color, A/C Condenser - Painted by OEM HVAC System, Filter Access - Removable Panel Auxiliary Cab Heater - Both 117 0735443 Not Required, Heater/Defroster System Selected in Cab, HVAC System 1 118 0735535 Not Required, HVAC, System Selected in Cab, HVAC System 1 119 0639675 Sun Visor, Smoked Lexan, AXT, Dash CF, Imp/Vel, Saber FR/Enforcer 1 Sun Visor Retention - No Retention 120 0567443 Grab Handles, DS & PS Door Post & Passenger Dash panel, Imp/Vel 1 121 0002526 Light, Engine Compt, All Custom Chassis 1 122 0122516 Fluid Check Access, Imp/Vel 1 123 0626480 SP Tray, Records, 14" Wide, across from officer, DLX, AXT, Imp, Vel 1 124 0583040 Frontal Impact Protection 1 125 0622618 Seating Capacity, 5 Seats 1 126 0697006 Seat, Driver, Pierce PS6, Premium, Air Ride, High Back, Frontal Impact 1 127 0696991 Seat, Officer, Pierce PS6, Premium, Air Ride, SCBA, Frontal Impact 1 128 0002517 Not Required, Radio Compartment 1 129 0754652 Cabinet, Rear Facing, LS, 24 W x 40.5 H x 30.5 D, Roll, Ext Acc, Imp/Vel 1 Light, Short Cabinet - Pierce, Interior, Left Side Scuffplate, Door Pan, Material/Finish - S/S, Polished Material Finish, Shelf - Painted - Cab Interior 6/12/2020 9:58 AM Page 3755Bid #: Line Option Type Option Description Qty 129 Shelf/Tray, Cabinet - (1) Shelf, Adjustable, 0.75" Up-Turned Lip and (2) Shelves, Adjustable, 0.75" Up-Turned Lip Door, Cab Exterior Cabinet - Double Pan, Locking #751 Door, Exterior Stop - Web Strap Door, Cab Interior Cabinet - Rollup, Gortite, Anodized, Locking #751 Louvers, Cabinet - 0-No Louvers 130 0102783 Not Required, Seat, Rr Facing C/C, Center 1 131 0752556 Cabinet, Rear Facing, RS, 21.5 W x 40.5 H x 26.5 D, Roll, Ext Acc, Imp/Vel 1 Light, Short Cabinet - Pierce, Interior, Right Side Scuffplate, Door Pan, Material/Finish - S/S, Polished Material Finish, Shelf - Painted - Cab Interior Shelf/Tray, Cabinet - (1) Shelf, Adjustable, 0.75" Up-Turned Lip and (2) Shelves, Adjustable, 0.75" Up-Turned Lip Door, Cab Exterior Cabinet - Double Pan, Locking #751 Door, Exterior Stop - Web Strap Door, Cab Interior Cabinet - Rollup, Gortite, Anodized, Locking #751 Louvers, Cabinet - 0-No Louvers 132 0649960 Seat, Forward Facing C/C, DS Outboard, Pierce PS6, Base, SCBA, Foldup, 17" Btm 1 133 0649764 Seat, Forward Facing C/C, Center, (1) Pierce PS6, Base, SCBA, 17" Btm 1 134 0649959 Seat, Forward Facing C/C, PS Outboard, Pierce PS6, Base, SCBA, Foldup, 17" Btm 1 135 0651182 Scuffplate, Cabinet, Interior Door Pan, Cab 2 Location - DS and PS EMS cabinets external doors Qty, - 02 Material Trim/Scuffplate - b) S/S, Brushed 136 0566653 Upholstery, Seats In Cab, Turnout Tuff 1 Color, Cab Interior Vinyl/Fabric - c) Black 137 0543991 Bracket, Air Bottle, Hands-Free II, Cab Seats 4 Qty, - 04 138 0603867 Seat Belt, ReadyReach 1 Seat Belt Color - Red 139 0604864 Seat Belt Height Adjustment, 5 Seats, Imp/Vel, Dash CF 1 140 0627014 Pick Not Required, Seat Belt Color Selected in Seat Belt Option 627339 1 141 0602464 Helmet Storage, Provided by Fire Department, NFPA 2016 1 142 0647647 Lights, Dome, FRP Dual LED 4 Lts 1 Color, Dome Lt - Red & White Color, Dome Lt Bzl - Black Control, Dome Lt White - Door Switches and Lens Switch Control, Dome Lt Color - Lens Switch 143 0631779 Light, Map, Overhead, Round Halogen, AXT/Imp/Vel/Dash CF, Hawk EX 1 12vdc power from - Battery switched 144 0612046 Light, Map, Sunnex LS941-00 LED Clear Lens, Knuckle 10 Deg Optics 1 Location - over Officer left shoulder Qty, - 01 12vdc power from - Battery switched 145 0602637 Portable Hand Light, Provided by Fire Dept, Pumper NFPA 2016 Classification 1 146 0554191 Handlight, Streamlight, Fire Vulcan, 44451, C4 LED, Tail Lights, 12v, Orange 2 Qty, Lights - 02 Location, Lights - to be installed at final inspection. wiring location to be at either side of the rear engine tunnel 147 0568369 Cab Instruments, Ivory Gauges, Chrome Bezels, Impel/Velocity 2010, Dash CF 1 148 0509511 Air Restriction Indicator, Imp/Vel, AXT, Dash CF, Enf MUX 1 149 0543751 Light, Do Not Move Apparatus 1 Alarm, Do Not Move Truck - Pulsing Alarm 150 0509042 Messages, Open Door/Do Not Move Truck, MUX w/Color Display 1 151 0611681 Switching, Cab, Membrane, Impel/Velocity/Quantum, Dash CF, AXT WiFi MUX 1 Location, Emerg Sw Pnls - Driver's Side Overhead 152 0555915 Wiper Control, 2-Speed with Intermittent, MUX, Impel/Velocity 1 153 0547505 Wiring, Spare, 10 A 12V DC 1st 1 Qty, - 01 12vdc power from - Battery switched Wire termination - Butt Splice Location - behind driver's seat 6/12/2020 9:58 AM Page 4755Bid #: Line Option Type Option Description Qty 154 0790556 Wire, CAT 6, terminated, Spare, Qty, 1st 1 Qty, - 01 Location 2 - in wrap around center console behind panel #8 Location - behind driver's seat 155 0548046 Wiring, Spare, 60A 12V DC 1st 1 Qty, - 01 12vdc power from - Battery direct Wire termination - Stud Location - behind driver's seat 156 0548007 Wiring, Spare, 15 A 12V DC 3rd 1 Qty, - 01 12vdc power from - Battery direct Wire termination - Butt Splice Location - DS EMS compartment. lower outboard wall 157 0583273 Wire, 18-ga. Spare, Dual Wire 1st 1 Qty, - 01 Location 2 - Behind driver's seat Location - behind panel #8 (wrap around console) 158 0560535 Wiring, Spare, 15 A 12V DC 4th 1 Qty, - 01 12vdc power from - Battery direct Wire termination - Butt Splice Location - PS EMS compartment. lower outboard wall 159 0548006 Wiring, Spare, 15 A 12V DC 2nd 1 Qty, - 01 12vdc power from - Battery switched Wire termination - Butt Splice Location - center of overhead panel 160 0548004 Wiring, Spare, 15 A 12V DC 1st 1 Qty, - 01 12vdc power from - Battery direct Wire termination - Butt Splice Location, Spare Wiring - Center Console 161 0615386 Vehicle Information Center, 7" Color Display, Touchscreen, MUX 1 System Of Measurement - US Customary 162 0734857 Collision Mitigation, HAAS Alert (R2V), HA5 1 Subscription, HAAS R2V - R2V - 5 Year Data Plan Subscription 163 0606247 Vehicle Data Recorder w/CZ Display Seat Belt Monitor 1 164 0665245 Cable, Motorola HKN-6168, 30' Mobile 2-way Radio, Remote Head 1 Location - behind driver's seat Qty, - 01 Location 2 - wrap around console, behind panel #8 165 0616382 Install Customer Provided GPS/Multimode Antenna(s)1 Qty, - 01 166 0682830 Antenna Only, GPS, For Standard NMO Mount 1 Location - best roof location Location, Antenna Cable - instrument panel 167 0694166 Antenna Mount, Larsen NMOKHFUDTHK, 0-6000MHz 1 Location - best roof location Qty, - 01 Location 1 - Behind Driver's seat 168 0003757 Antenna, Std and Add'l Mts Only, 2-way Radio,Cust,Spl Cable Routing 2 Location - behind the driver's seat Qty, - 02 Location 1 - one on PS one on DS 169 0653526 Camera, Pierce, Driver Mux, Rear Camera Only 1 Camera System Audio - Speaker on Ceiling Behind Driver 170 0511071 Guard, 4-Way, Rear Vision Camera 1 Qty, - 01 Location - match previous 171 0615100 Pierce Command Zone, Advanced Electronics & Control System, Diag LEDs, Vel, WiFi 1 172 0624254 Electrical System, Velocity 1 173 0079166 Batteries, (4) Exide Grp 31, 950 CCA ea, Threaded Stud 1 6/12/2020 9:58 AM Page 5755Bid #: Line Option Type Option Description Qty 174 0008621 Battery System, Single Start, All Custom Chassis 1 175 0123174 Battery Compartment, Imp/Vel 1 176 0579436 Charger, Sngl Sys, Kussmaul, 1200, 091-187-12-Remote, 40 Amp Bar Display 1 177 0012779 Location, Charger, Cab In Seat Box, "All Custom Chassis"1 178 0531403 Location, Bat Chrg Ind, Driver's Seat with Bracket 1 179 0016857 Shoreline, 20A 120V, Kussmaul Auto Eject, 091-55-20-120, Super 1 Qty, - 01 Color, Kussmaul Cover - b) red Shoreline Connection - battery charger and cab receptacle 180 0026800 Shoreline Location 1 Location, Shoreline(s) - DS Extd Bumper 181 0647728 Alternator, 430 amp, Delco Remy 55SI 1 182 0676572 SP Switch, Rocker Style, Load Manager 1 183 0532857 SP Programming, Step Lights, Activated w/Parking Brake, IAT 1 184 0092582 Load Manager/Sequencer, MUX 1 Enable/Disable Hi-Idle - d)High Idle disable 185 0783153 Headlights, Rect LED, JW Spkr Evo 2, AXT/DCF/Enf/Imp/Sab/Vel 1 Color, Headlight Bez - Chrome Bezel 186 0648425 Light, Directional, Wln 600 Cmb, Cab Crn, Imp/Vel/AXT/Qtm/DCF 1 Color, Lens, LED's - m)match LED's 187 0648067 Lights, Clearance/Marker/ID, Front, Truck-Lite 35200Y LED 7 Lts 1 Light Guard - Without Guard 188 0620054 Light, Directional/Marker, Intermediate, Weldon 9186-8580-29 LED 2lts 1 189 0627282 Lights, Clearance/Marker/ID, Rear, FRP LED Bar & P25 LED 4Lts 1 190 0773293 Lights, Tail, Wln C6BTT* Red Brak/Tail, C6T* Amb Dir, Crm Trm 1 Color, Lens, LED's - Clear 191 0768258 Lights, Backup, Wln C6BU, LED 1 192 0664481 Bracket, License Plate & Light, P25 LED 1 193 0589905 Alarm, Back-up Warning, PRECO 1040 1 194 0769569 Lights, Perimeter Cab, Amdor AY-LB-12HW012 LED 4Dr 1 195 0769572 Lights, Perimeter Pump House, Amdor AY-LB-12HW020 LED 2lts 1 196 0770056 Lights, Perimeter Body, Amdor AY-LB-12HW020 LED 2lts, Rear Step 1 Control, Perimeter Lts - DS Switch Panel and Ignition Switch Control, Perimeter Lts - DS Switch Panel and Ignition Switch 197 0662818 Lights, Perimeter, Wln PELCC LED Chrome Mnt 2 Location, Lights - over rear wheels Qty, - 02 198 0769567 Lights, Perimeter, Amdor AY-LB-12HW012 12" LED, Brkt 2 Qty, Lights - 02 Location, Additional Perimeter Lights - Under Compt D1, 1lt and Under Compt P1, 1lt 199 0556360 Lights, Step, P25 LED 4lts, Pump Pnl Sw 1 200 0511749 Light, Step, Additional, P25 LED 3 Qty, Lights - 03 Location, Lights - in the cargo area as required 201 0609064 SP Trim, SS Polished Arround Recessed Light At the Rear of the Apparatus.2 Location - DS and PS rear Qty, - 02 202 0532358 Not Required, Deck Lights, Other Hose Bed & Rear Lighting 1 203 0645668 Lights, Front of Hose Bed, Wln 70C0ELZR LED 1 Location - mounted high and centered on cross divider Qty, - 01 Light Guard - Without Guard Control, Hose Bed Lts - DS Pump Panel Sw Light Bracket - No Bracket 204 0645677 Lights, Not Required, Rear Work, Alt. 12 Volt Lights At Rear Body 1 205 0776357 Light, Visor, Wln, 12V P*H2* Pioneer, Cnt Feature, 1st 1 Qty, - 01 Location, driver's/passenger's/center - Centered Color, Wln Lt Housing - White Paint Control, Scene Lts - Cab Sw Panel DS Scene Light Optics - Flood 6/12/2020 9:58 AM Page 6755Bid #: Line Option Type Option Description Qty 206 0775524 Lights, Wln, P*H1* Pioneer, 12 VDC, 1st 1 Location - High and rear of DS crew door Qty, - 01 Color, Wln Lt Housing - White Paint Control, Scene Lts - Cab and Crew Cab Dr Sw, DS and DS Flood Lts Scene Light Optics - flood Mount, Wln II - Semi-recessed 15 deg P**1 207 0774948 Lights, Wln, P*H1* Pioneer, 12 VDC, 2nd 1 Location - High and rear of PS crew door Qty, - 01 Color, Wln Lt Housing - White Paint Control, Scene Lts - Cab and Crew Cab Dr Sw, PS and PS Flood Lts Scene Light Optics - flood Mount, Wln II - Semi-recessed 15 deg P**1 208 0774336 Lights, Wln, P*H1* Pioneer, 12 VDC, 1st 2 Location - DS catwalk. Match 29715 Qty, - 02 Color, Wln Lt Housing - White Paint Control, Scene Lts - Cab Sw Panel DS Scene Light Optics - Flood Mount, Wln II - Universal Bail P**1 209 0774334 Lights, Wln, P*H1* Pioneer, 12 VDC, 2nd 2 Location - PS catwalk. Match 29715 Qty, - 02 Color, Wln Lt Housing - White Paint Control, Scene Lts - Cab Sw Panel DS Scene Light Optics - Flood Mount, Wln II - Universal Bail P**1 210 0774017 Lights, Wln, P*H1* Pioneer, 12 VDC, 3rd 2 Location - One DS and one PS rear Match 29715 Qty, - 02 Color, Wln Lt Housing - White Paint Control, Scene Lts - Cab Sw Panel DS Scene Light Optics - Flood Mount, Wln II - Semi-recessed 15 deg P**1 211 0787447 Lights, Walk Surf, Dual LED Light Strips, Cargo Area, Bdy Stp Lt 1 212 0060115 Pumper, Medium, Aluminum, 2nd Gen 1 213 0554271 Body Skirt Height, 20"1 214 0013303 Tank, Water, 500 Gallon, Poly, Med, New York Style 1 215 0003405 Overflow, 4.00" Water Tank, Poly 1 216 0541296 SP Dome, Foam Fill, Location 1 Location - Match 29715. On the DS front corner of upper portion of water tank 217 0010011 Fill Dome Special Location 1 Location, Tank Dome - Match 29715 - in line and rearward of foam dome 218 0635329 Modified Poly Tank & Cradle, Ext'd To Rear, Pumper 1 219 0553725 Restraint, Water Tank, Heavy Duty, Special Type Tank, 4x4, or Export 1 220 0003429 Not Required, Direct Tank Fill 1 221 0003424 Not Required, Dump Valve 1 222 0048710 Not Required, Jet Assist 1 223 0030007 Not Required, Dump Valve Chute 1 224 0514778 Not Required, Switch, Tank Dump Master 1 225 0556223 Hose Bed, Aluminum, Pumper, New York Style, Fill In Blank Height 1 Fill in Blank - 62 Material Trim/Scuffplate - b) S/S, Brushed 226 0003481 Hose Bed Capacity, Special 1 Capacity, Hosebed - starting from the driver's side: 400' of 2.5", 300' of 3", 300' of 3", 1100' of 5", 150' of 1.75" and 200' of 1.75" 227 0083488 Divider, Hose Bed, .25" Unpainted 3 Qty, Hosebed Dividers - 3 228 0589278 Hose Restraint, Hose Bed, Velcro Strap on Top, 2" Heavy Nylon Web at Rear 1 Type of fastener - seat belt buckle Nylon Web Color - Black Type of fastener, Rear - seat belt buckle - bottom of hosebed 6/12/2020 9:58 AM Page 7755Bid #: Line Option Type Option Description Qty 229 0040083 SP Divider, Hose Bed, Unpainted, Extruded, Additional 2 Location - Install two in the center of the hose bed Match previous unit 29715 Qty, - 02 230 0775306 SP Hose Restraint, Hose Bed, Vinyl, Top Only 1 Color, Vinyl Cover - a) red Type of fastener - bungee cord and hook - Sides of Hosebed Type of fastener, Rear - bungee cord and hook - Rear of Hosebed Type of fastener, Front - bungee cord and hook - Front Hosebed 231 0014473 Flap, Access to Fill Dome(s) Through Vinyl Hose Bed Cover 2 Qty, - 02 232 0695401 Running Boards, 14.75" Deep, Rear 45 Degree Corner 1 233 0681766 Tailboard, 16" Deep, Full Width, Extended Substructure, Angled Corners 1 234 0690027 Wall, Rear, Smooth Aluminum/Body Material, Flush Rear Wall 1 235 0003531 Tow Bar, Under Tailboard 1 236 0590926 Hose Restraint, Running Board, Velcro Straps 2 Location, Hose Tray, Running Board - a) both sides Qty, Tray, Hose - 2 237 0014110 Tray, Hose, Running Board, 100' of 1.50" Hose 2 Location, Hose Tray, Running Board - a) both sides Qty, Tray, Hose - 2 238 0003561 Construction, Compt, Alum, Pumper 1 239 0023650 LS 152" Rollup, Full Height Front & Rear, FDLER 1 240 0063658 RS 152" Rollup, Full Height Front & Rear, FDLER 1 241 0692733 Doors, Rollup, Gortite, Side Compartments 6 Qty, Door Accessory - 06 Color, Roll-up Door, Gortite - Painted to Match Lower Body Latch, Roll-up Door, Gortite - Non-Locking Liftbar 242 0098470 Compt, Flush Rear, Rollup, 30.75" FF, 25.88" D 1 243 0692746 Door, Gortite, Rollup, Rear Compartment 1 Color, Roll-up Door, Gortite - Satin finish Latch, Roll-up Door, Gortite - Non-Locking Liftbar 244 0554995 No Body Modification Required 1 245 0509489 Scuffplate, S/S, Rear Ladder Rack Arm 1 Location - DS Qty, Scuffplates - 01 246 0634455 Scuffplate, Brushed S/S, Insides of Hose Bed Walls (3)1 247 0016023 Scuffplate, Polished S/S On Rear Outside Edge of Body 1 248 0618000 SP Guard, S/S for "D" Latch Handle on Access Door, Each 2 Location - Each door at pump panel next to crosslays Mount on inside of slam latch so back boards cannot hit lock and unlock Qty, - 02 249 0019845 Guard, Drip Pan, S/S, Rollup Door 7 Qty, Door Accessory - 07 Location, Door Accessory - all body compartment doors 250 0616670 Lights, Compt, Pierce LED, Dual Light Strips, Each Side of Door, Pumper/Tanker 5 Qty, - 05 Location, Compartment Lights - D1, D3, P1, P3 and R1 251 0689538 Lights, Compt, Pierce, LED Light Strip, 54", Additional 2 Location, Lights - P2 and D2 mounted horizontal on ceiling Qty, - 02 252 0687146 Shelf Tracks, Painted 1 Qty, Shelf Track - 01 Location, Shelf Track - RS3 253 0600350 Shelves, Adj, 500 lb Capacity, Full Width/Depth, Predefined Locations 1 Qty, Shelf - 01 Material Finish, Shelf - Painted - Nightspots Location, Shelves/Trays, Predefined - RS3-Centered 254 0645249 SP Compt, Backboard Storage, Over Pump, No Troughs 1 Size, Backboard - 3 x 18 x 72 Door, Material & Finish, Storage - Polished S/S Latch, Door, Storage - Southco M1 Push Close, Flush Location, BB/Stokes/Long Tool Storage Over Pump - Rearward, Crosslays 6/12/2020 9:58 AM Page 8755Bid #: Line Option Type Option Description Qty 254 Access, Backboard/Stokes/Long Tool Compt - Both 255 0003995 Grating, Alum in Compt 1 Location - LS3 Qty, Comp. Accessory - 01 256 0009729 Pac Trac, Installed on Compt Walls 3 Location - rear upper tank wall of RS2, LS1, and LS3 Qty, Comp. Accessory - 03 257 0696950 SP High Rise Pack Storage, Curved Mount, Inside Compt, Each 2 Location - RS1 Qty, Comp. Accessory - 02 Location, Bracket/comp. - Match 29715 - the mounts will be positioned 49.25" off the compartment floor to the top of curve. One (1) bracket to be 11" to center of bracket off rear wall and one (1) 31" to center off rear wall. See photo in job e-folders 24136. Size - 9.25" Dimensions - 7.25" by 3" high. See sketch in job e-folders 24136. 258 0004016 Rub Rail, Aluminum Extruded, Side of Body 1 259 0784811 Fender Crowns, Rear, Stainless, w/Removable Liner 1 Material Finish, Fender Liner - Painted 260 0519849 Not Required, Hose, Hard Suction 1 261 0621021 Handrails, Side Pump Panels, Per Print, Hansen Knurled Alum Tubing, LED Backlit 1 Switch, Handrail Light Control - With Cab Hand Rail Controls Color, Light, Hansen Handrail - Red 262 0778825 SP Handrails, Beavertail, Hansen Tubing, Knurled Aluminum, LED Backlit, RS Only 1 Switch, Handrail Light Control - Park Brake Color, Light, Hansen Handrail - Red 263 0739825 SP Handrails, Rear, (3), (1) Above (2) Below, Hansen,Below Knurled Alum LED Backlit 1 Switch, Handrail Light Control - With Cab Hand Rail Controls Color, Light, Hansen Handrail - Red 264 0749600 SP Compt, Air Bottle in Fender Panel, Double, Vertical, SouthCo C2 Latch 1 Location, Bracket/comp. - RS rear fender Qty, Air Bottle Comp - 1 265 0657651 Compt, Air Bottle, Double, Full Width Door, Fender Panel 2 Qty, Air Bottle Comp - 2 Door Finish, Fender Compt - Polished Location, Fender Compt - Double - LS Fwd and Double - RS Fwd Latch, Air Bottle Compt - Southco C2 Chrome Raised Insert, Air Bottle Compt - Rubber Matting and W-Shaped Insert 266 0004225 Ladder, 24' Duo-Safety 900A 2-Section 1 267 0004230 Ladder, 14' Duo-Safety 775A Roof 1 268 0028934 Rack, Ladders, Hydraulic, Left Side, Air Clamps 1 Ladder Rack Lock Enclosure/Light Mounting Bracket - LS Front & Rear S/S Enclosure 269 0756375 Lights, Hyd Lad Rack Deployed, Truck-Lite 15****1 Color, Light - Amber Flashing Color, Lens, LED's - Clear Trim, T-L 15 - Chrome 270 0014245 Ladder, 10' Duo-Safety Folding 585A, w/Mounting 1 Location, Folding Ladder - Hyd Ladder Rack, Left Side 271 0024499 Arm, Rear, Offset, Hydraulic Rack 2000, Recess Light 1 272 0040714 SP Ladder, Mounting, 2000 Rack Special Arrangement 1 Fill in Blank - They want the 14' ladder to load first so the first one off will be the 24' 273 0602877 Pike Pole, Pumper, Provided by Fire Department, NFPA 2016 1 Pike Pole Make/Model - Fire Hooks Unlimited 10' New York Roof Hook 274 0602875 Pike Pole, 6', Pumper, Provided by Fire Department, NFPA 2016 1 Pike Pole Make/Model - Fire Hooks Unlimited New York Roof Hook, RH-6 275 0058193 Tubes, Alum, Pike Pole Storage, Spcl Notch, NY PP Head 2 Location - on the hydraulic ladder rack Qty, Pike Pole Tubes - 02 276 0785102 Steps, Folding, Front of Body, Cargo Bed Access, w/LED, Trident 1 Coating, Step - luminescent Location, Steps - Full Height Right Side w/LED Light 6/12/2020 9:58 AM Page 9755Bid #: Line Option Type Option Description Qty 277 0592994 Steps, Folding, Rear of Body, w/LED, Trident 1 Coating, Step - luminescent 278 0004425 Pump, Waterous, CSU, 1500 GPM, Single Stage 1 279 0004481 Seal, Grafoil, Waterous 1 280 0559769 Trans, Pump, Waterous C20 Series 1 281 0635600 Pumping Mode, Stationary Only 1 282 0605126 Pump Shift, Air w/Manual Override, Split Shaft, Interlocked, Waterous 1 283 0003148 Transmission Lock-up, EVS 1 284 0004547 Auxiliary Cooling System 1 285 0014486 Not Required, Transfer Valve, Stage Pump 1 286 0746511 Valve, Relief Intake, TFT 1 Pressure Setting - 125 psig 287 0546803 Controller, Pressure, Class 1 Total Pressure Governor (TPG)1 288 0641743 Primer, Waterous, VPO Motor, (1) VAP Valve, (1) Push Button Control 1 289 0780364 Manuals, Pump, (2) Total, Electronic Copies 1 290 0603129 Plumbing, Stainless Steel and Hose, Single Stage Pump 1 291 0795135 Plumbing, Stainless Steel, w/Foam System 1 292 0004645 Inlets, 6.00" - 1250 GPM or Larger Pump 1 293 0004646 Cap, Main Pump Inlet, Long Handle, NST, VLH 1 294 0084610 Valves, Akron 8000 series- All 1 295 0004660 Inlet, Left Side, 2.50"1 296 0004680 Inlet, Right Side, 2.50"1 297 0004686 Valve, Inlet(s) Recess Behind Panel, Side Cntrl 2 Qty, Inlets - 2 298 0004700 Control, Inlet, at Valve 1 299 0544957 Inlet, 4" to 6" Front, 5" S/S Plumbing, w/Bleeder Valve, Saber, AXT, Imp, Vel 1 Inlet, Size - Six Drain, Suction - Swing Handle 300 0014823 Control, Front Inlet, Electric, w/Indicator Lights 1 301 0737987 Valve, Relief Intake, Front Inlet, TFT 1 Pressure Setting - 125 psig 302 0004788 Cap, Front Inlet, Long Handle, VLH 1 303 0048644 Swivel, Smooth Chrome, 6.00" Front Inlet 1 Inlet Bleeder - Quarter-Turn Style Bleeder 304 0092569 No Rear Inlet (Large Dia) Requested 1 305 0092696 Not Required, Cap, Rear Inlet 1 306 0064116 No Rear Inlet Actuation Required 1 307 0009648 No Rear Intake Relief Valve Required on Rear Inlet 1 308 0037897 SP Front Suction, Max Clearance 1 309 0092568 No Rear Auxiliary Inlet Requested 1 310 0563738 Valve, .75" Bleeder, Aux. Side Inlet, Swing Handle 1 311 0029043 Tank to Pump, (1) 3.00" Valve, 3.00" Plumbing 1 312 0004905 Outlet, Tank Fill, 1.50"1 313 0004940 Outlet, Left Side, 2.50"2 Qty, Discharges - 02 314 0092570 Not Required, Outlets, Left Side Additional 1 315 0004945 Outlet, Right Side, 2.50"1 Qty, Discharges - 01 316 0011668 Outlet, Right Side, 3" w/3" Plumbing, Handwheel Control, (added)1 Qty, Discharges - 01 317 0029137 Not Required, Outlet, Large Diameter 1 318 0649939 Outlet, Front, 1.50" w/2" Plumbing 1 Fitting, Outlet - 1.50" NST with 90 degree swivel Drain, Front Outlet - Automatic Location, Front, Single - top of left bumper 319 0633403 Front Outlet, Raised, On a Bright Aluminum Treadplate Box 1 320 0004995 Outlet, Rear, 2.50"2 Qty, Discharges - 02 Location, Outlet - b) left side 321 0024930 Outlet, Rear, 1.50", Additional 2 Location - PS Qty, Discharges - 02 6/12/2020 9:58 AM Page 10755Bid #: Line Option Type Option Description Qty 322 0092573 Not Required, Outlet, Hose Bed/Running Board Tray 1 323 0752097 Caps/Plugs for 1.00" to 3.00" Discharges/Inlets, Chain 1 324 0563739 Valve, 0.75" Bleeder, Discharges, Swing Handle 1 325 0005091 Elbow, Left Side Outlets, 45 Degree, 2.50" FNST x 2.50" MNST, VLH 1 326 0035094 Not Required, Elbow, Left Side Outlets, Additional 1 327 0025091 Elbow, Right Side Outlets, 45 Degree, 2.50" FNST x 2.50" MNST, VLH 1 328 0035096 Elbow, Right Side Outlets, 45 Degree, 3.00" FNST x 3.00" MNST, VLH, Additional 3 Qty, Discharges - 03 329 0602431 Elbow, Rear Outlets, 2.50", Provided by Fire Department, NFPA 2016 1 330 0065696 Not Required, Elbow, Rear Outlets, 1.50", Additional 1 331 0007308 Not Required, Elbow, Large Diameter Outlet 1 332 0062133 Control, Outlets, Manual, Pierce HW if applicable 1 333 0091106 Outlet, 3.00" Deluge w/TFT Extend-a-Gun XG18, Handwheel 1 334 0770359 No Monitor Requested, Customer/Dealer Furnished and Installed 1 Fill in Blank - TFT Crossfire ?? 335 0029304 No Nozzle Req'd 1 336 0046857 Deluge Mount, For TFT Crossfire Monitor, TFT Manual Extend-A-Gun Only 1 337 0029167 Crosslays Sngl Sheet Unpainted, (2+) 1.50", Std. Cap 2 Qty, Crosslays - 2 338 0029196 Not Required, 2.50" Crosslay 1 339 0029260 Not Required, Speedlays 1 340 0591145 Hose Restraint, Crosslay/Deadlay, Top and Ends, Elastic Netting 1 Qty, - 01 341 0750536 Hose Restr, Spdly, Not Required, No Spdly 1 342 0034554 SP Crosslays, 6.00" Lower Than Standard 1 343 0764515 SP Scuffplate, Brushed S/S, Front & Rear Wall of Crosslay 2 Location - on the painted surfaces of the crosslays Qty, - 02 344 0015412 Foam Sys, Akron Eductor 3126-125 (Single Agent)1 Discharge - Forward crosslay 345 0012126 Not Required, CAF Compressor 1 346 0552517 Not Required, Refill, Foam Tank 1 347 0031896 Demonstration, Foam System, Dealer Provided 1 348 0005448 Foam Cell, 40 Gallon, Not Reduce Water 1 Type of Foam - Class "A" Foam, Brand Name - national 349 0091036 Drain, 1.00" Foam Tank #1 1 350 0091079 Not Required, Foam Tank #2 1 351 0091112 Not Required, Foam Tank #2 Drain 1 352 0746444 Approval Dwg, Color And Label Tags Only 1 353 0005496 Pump House, Side Control, 45"1 354 0615641 Pump Panel Configuration, Similar to Control Zone 1 355 0629224 Material, Pump Panels, Side Control Black Line-X 1 Material Finish, Pump Panel, Side Control - Black Line-X Material, Pump Panel, Side Control - Aluminum 356 0005578 Panel, Pump Access - Right Side Only 1 357 0035501 Pump House Structure, Std Height 1 358 0005945 Light, Pump Compt 1 359 0586382 Gauges, Engine, Included With Pressure Controller 1 360 0005601 Throttle, Engine, Incl'd w/Press Controller 1 361 0739224 Indicator Light @ Pump Panel, Throttle Ready, Incl w/Pressure Gov/Throttle,Green 1 362 0549333 Indicators, Engine, Included with Pressure Controller 1 363 0745568 Indicator Light, Pump Panel, Ok To Pump, Green 1 364 0069390 Control, Air Horn At Pump Panel w/Red Button 1 365 0763096 Fittings, Compression IPO PTC, All Pump Panel Gauges 1 366 0511078 Gauges, 4.00" Master, Class 1, 30"-0-600psi 1 367 0511100 Gauge, 2.00" Pressure, Class 1, 30"-0-400psi 1 368 0604123 Gauge, Water Level, FRC, WLA 300-A00, TankVision Pro, w/Remote Light Driver 1 369 0750438 Water Level Gauge, Wln PSTANK2, LED 1-Light, 4-Level 2 Qty, - 02 Activation, Water Level G - i) ignition switch 6/12/2020 9:58 AM Page 11755Bid #: Line Option Type Option Description Qty 369 Location, Water Level Gauge - Each Side Custom Cab Color, Trim - Chrome Trim 370 0604354 Gauge, Foam Level, FRC, Tank Vision Pro, WLA 360-A00, Class "A"1 371 0593161 Light Shield, S/S LED 1 372 0682498 Light Shield/Step 8", PS LED, P25 LED Stp Lt 1 373 0682261 Light Shield/Step 8", DS LED, P25 LED Step Lt 1 374 0606697 Air Horns, (2) Grover, In Bumper 1 375 0606833 Location, Air Horns, Bumper, Each Side, Inside Frame (Pos #3 & #5)1 376 0006063 Control, Air Horn, Horn Ring, PS Foot Sw 1 377 0006133 Siren, Code 3 3692 100W or 200W 1 378 0510206 Location, Elect Siren, Recessed Overhead In Console 1 Location, Elec Siren - Overhead, PS Inside Sw Pnl 379 0076157 Control, Elec Siren, Horn Ring 1 380 0601375 Speaker, (1) Code 3, PB100C, Chrome 1 Connection, Speaker - siren head 381 0601551 Location, Speaker, Frt Bumper, Recessed, Right Side, Outside Frame,Outbrd(Pos 1) 1 382 0675701 Siren, Federal Q2B, Park Brake Interlock 1 383 0006095 Siren, Mechanical, Mounted Above Deckplate 1 Location, Siren, Mech - a) Left 384 0748305 Control, Mech Siren, Multi Select 1 385 0748281 Control Mech Siren, Ft Sw RS 1 386 0748280 Control Mech Siren, Horn Ring 1 387 0740391 Sw, Siren Brake, Momentary Chrome Push Button, RS 1 388 0740834 Sw, Siren Brake, Momentary Red, LS Overhead Sw Pnl 1 389 0607632 Lightbar, Wln, Freedom IV-Q, 81", RRRRWRRROptRRRWRRRR 1 Opticom Priority - b) High Opticom Activation - E-Master Momentary Opticom Activation - No Activation Filter, Whl Freedom Ltbrs - No Filters 390 0641779 Bracket, Lightbar, Forward Offset, FR Raised Roof Cab 1 391 0605591 Lightbars, Wln, Freedom IV-Q, 2-21.5", RRWRR RRWRR 1 Lightbar Location, Cab/Crew Cab - c)over the cab doors Filter, Whl Freedom Ltbrs - No Filters 392 0778320 Light, Front Zone, Wln C6L** LED, 4lts Q Bezel 1 Color, Lens, LED's - Clear Color, Lt DS Frnt Outside - DS Front Outside Red Color, Lt PS Frnt Outside - PS Front Outside Red Color, Lt DS Front Inside - r) DS Front Inside Red Color, Lt PS Front Inside - r) PS Front Inside Red 393 0652541 Light, Front, Wln Dominator Plus DP8 30.36", 8-Red, Lower Grille Mt 1 394 0756747 SP Flash Pattern,Wln Dominator To Phasing In/Out 1 395 0740183 SP Lights, Side Zone Lower, Wln C6#, C6#, M6V2*C 6lts 1 Location, Lights Front Side - b)each side bumper Control, Scene Lts - Cab Sw Panel DS and Directional Light Location, Lights Mid Side - Above front wheels on the EMS doors. match J# 34515 Location, Lights Rear Side - Over Rear Wheels Color, Trim - Chrome Trim Color, Lt Side Rear PS - Red Color, Lt Side Rear DS - Red Color, Lt Side Frnt RS Cmb - Red White Color, Lt Side Frnt LS Cmb - Red White Color, Lt Side Mid LS Cmb - Red White Color, Lt Side Mid RS Cmb - Red White 396 0680983 Lights, Door Interior Flash, 4 Dr Cab, Weldon 8401-0000-20 LED Strip Light Ovr W 1 397 0734326 SP Lights, Door Interior Flash, Cab Compt, Wln PSSEQACR LED, Strip Lt 2 Location - on the INTERIOR of the LS and RS exterior EMS cabinet doors Qty, - 02 Color, Trim - Chrome Trim 6/12/2020 9:58 AM Page 12755Bid #: Line Option Type Option Description Qty 398 0776270 Lights, Side, Wln C6L** LED 1st 4 Location, Lights - a pair rear of the crew cab door inline with the side warning light on the front bumper. Put the second pair on the front bumper on the angled portion. Match J#29715 Qty, - 04 Color, Lights, Warning - Red Flashing Color, Lens, LED's - Clear 399 0662391 Lights, Side, Wln WIONSMCD Split R/W LED, Chrome Flng,Mnt In Rub Rail 1st 4 Location, Lights - Center of each rub rail Total 4 Qty, - 04 Control, Light - b) side warning Color, Lens, LED's - c)clear 400 0773305 Lights, Rear Zone Lower, Wln C6L** LED 1 Color, Lens, LED's - Clear Color, Lt DS Rear - a) DS Rear Lt Amber Color, Lt PS Rear - a) PS Rear Lt Amber 401 0006700 Mounting, Lights, Recess In Rear Bulkhead (pair)1 Location - one (1) each side on upper corners of bulkheads Qty, Lights, Pair - 1 402 0088745 Light, Rear Zone Upper, Wln L31HRFN LED Beacon, Red LED 1 Color, Dome, Rear Warning - j) both domes clear 403 0006551 Not Required, Lights, Rear Upper Zone Blocking 1 404 0006615 Mtg, Rear Warn Lts, On Top of Compt 1 405 0781579 Receptacle, 15/20A 120V 3-Pr 3-Wr, NEMA 5-20R SB Dup, 1st, Interior Cab 1 Qty, - 01 Location 1 - DS EMS compartment. Lower inboard corner AC Power Source - Shoreline Cover, Receptacle - Interior SS Wall Plate(s) 406 0519934 Not Required, Brand, Hydraulic Tool System 1 407 0007150 Bag of Nuts and Bolts 1 Qty, Bag Nuts and Bolts - 1 408 0602516 NFPA Required Loose Equipment, Pumper, NFPA 2016, Provided by Fire Department 1 409 0602407 Soft Suction Hose, Provided by Fire Department, Pumper NFPA 2016 Classification 1 410 0027023 No Strainer Required 1 411 0602538 Extinguisher, Dry Chemical, Pumper NFPA 2016 Class, Provided by Fire Department 1 412 0602360 Extinguisher, 2.5 Gal. Pressurized Water, Pumper NFPA 2016,Provided by Fire Dept 1 413 0602679 Axe, Flathead, Pumper NFPA 2016 Classification, Provided by Fire Department 1 414 0602667 Axe, Pickhead, Pumper NFPA 2016 Classification, Provided by Fire Department 1 415 0559673 Paint, Two Tone, Cab, w/Special Shield, Custom Cab, Vel/Imp 1 Location - high shield Paint, Color - red #90 (lower cab and body) Paint Color, Upper Area - white #10 (upper cab) 416 0646897 Paint Chassis Frame Assy, E-Coat, Standard 1 Paint Color, Frame Assembly, Predefined - Standard Black 417 0693797 No Paint Required, Aluminum Front Wheels 1 418 0687653 Paint, Rear Wheels, Single Axle, Alum-Stl 1 Paint, Wheels - Black #101 419 0639088 Compartment Paint, 909017, Nightspots 1 420 0544087 Reflective Band, 6"1 Color, Reflect Band - A - a) white 421 0510041 Reflective across Cab Face, Imp/Vel 1 422 0536954 Stripe, Chevron, Rear, Diamond Grade, Pumper 1 Color, Rear Chevron DG - yellow 423 0027341 Jog, In Reflective Stripe, Single or Multiple 1 Qty, - 1 424 0679885 Stripe, Sign Gold Outline Above & Below Reflective Band 1 Qty, - 01 425 0567374 Stripe, Black Outline each Chevron Stripe @ Rear (Not Warranted)1 426 0087355 Stripe, Reflective, 6" Inside Compt Door 2 Location - each exterior access EMS compt door Color, Reflect Band - A - e) black 6/12/2020 9:58 AM Page 13755Bid #: Line Option Type Option Description Qty 426 Qty, - 02 427 0065687 Stripe, Reflective, Cab Doors Interior 1 Color, Reflective - e) black 428 0679822 Stripe, Sign Gold, Two-Tone Paint Break with Shield, IPO Chrome Molding 1 429 0594559 Lettering Specifications, (Sign Gold Process)1 430 0685932 Lettering, Sign Gold, 3.00", (41-60)1 Outline, Lettering - Outline and Shade 431 0686082 Lettering, Reflective, 3.00", (1-20)1 Outline, Lettering - Outline 432 0685817 Lettering, Sign Gold, 4.00", Each 13 Qty, Lettering - 13 Outline, Lettering - Outline and Shade 433 0685732 Lettering, Sign Gold, 14.00", Each 4 Qty, Lettering - 04 Outline, Lettering - Outline and Shade 434 0686084 Lettering, Reflective, 3.00", Each 4 Qty, Lettering - 04 Outline, Lettering - Outline 435 0776253 SP Emblem, ISO CLASS 1, w/Ribbon, Signgold, Pair 1 Qty, - 1 436 0632430 SP Emblem, Helmet Logo w/Sign Gold Lettering America's Bravest 1 Qty, - 1 Location, Emblem - D1/P1 437 0657001 SP Emblem, Reflective, Per Dept. Submittal, Each 2 Qty, - 02 Location, Emblem - cab doors Size, Dept Seal, Reflect - 12" - 14" 438 0654570 Emblem, Vinyl, Per Dept. Submittal, Each 2 Qty, - 02 Location, Emblem - crew cab windows Size, Dept Seal, Vinyl - 13"-15" 439 0695610 Emblem, Reflective, Per Dept. Submittal, Each 1 Qty, - 01 Location, Emblem - rear roll up door Size, Dept Seal, Reflect - 22" - 24" 440 0769765 Lettering, Numerals, Grille, Painted w/ Outline (2)1 441 0000000 STF Equipment Mounting 1 442 0031972 Manuals, Two (2), Fire Apparatus Parts, Custom Chassis 1 443 0002905 Manuals, (2) Chassis Service, Custom 1 444 0032433 Manuals, Two (2) Chassis Operation, Custom 1 445 0030008 Warranty, Basic, 1 Year, Apparatus, WA0008 1 446 0611136 Warranty, Chassis, 3 Year, Velocity/Impel, WA0284 1 447 0696698 Warranty, Engine, Cummins, 5 Year, WA0181 1 448 0684953 Warranty, Steering Gear, Sheppard M110, 3 Year WA0201 1 449 0595767 Warranty, Frame, 50 Year, Velocity/Impel, Dash CF, WA0038 1 450 0595698 Warranty, Axle, 3 Year, TAK-4, WA0050 1 451 0777368 Warranty, Axle, 2 Year, Meritor, General Service, WA0328 1 452 0652758 Warranty, ABS Brake System, 3 Year, Meritor Wabco, WA0232 1 453 0019914 Warranty, Structure, 10 Year, Custom Cab, WA0012 1 454 0595813 Warranty, Paint, 10 Year, Cab, Pro-Rate, WA0055 1 455 0524627 Warranty, Electronics, 5 Year, MUX, WA0014 1 456 0695416 Warranty, Pierce Camera System, WA0188 1 457 0647720 Warranty, Pierce LED Strip Lights, WA0203 1 458 0046369 Warranty, 5-year EVS Transmission, Standard Custom, WA0187 1 459 0685945 Warranty, Transmission Cooler, WA0216 1 460 0688798 Warranty, Water Tank, Lifetime, UPF, Poly Tank, WA0195 1 461 0596025 Warranty, Structure, 10 Year, Body, WA0009 1 462 0693127 Warranty, Gortite, Roll-up Door, 6 Year, WA0190 1 463 0063510 Warranty, Pump, Waterous, 5 Year Parts, WA0225 1 464 0648675 Warranty, 10 Year S/S Pumbing, WA0035 1 465 0641372 Warranty, Foam System, Not Available 1 466 0595820 Warranty, Paint, 10 Year, Body, Pro-Rate, WA0057 1 6/12/2020 9:58 AM Page 14755Bid #: Line Option Type Option Description Qty 467 0595412 Warranty, Graphics Lamination, 1 Year, Apparatus, WA0168 1 468 0683627 Certification, Vehicle Stability, CD0156 1 469 0608290 Certification, Engine Installation, Imp/Vel, Cummins L9, 2017, CD0152/CD0159 1 470 0686786 Certification, Power Steering, CD0098 1 471 0667417 Certification, Cab Integrity, Velocity FR, CD0009 1 472 0548950 Certification, Cab Door Durability, Velocity/Impel, CD0001 1 473 0548967 Certification, Windshield Wiper Durability, Impel/Velocity, CD0005 1 474 0667411 Certification, Electric Window Durability, Velocity/Impel FR, CD0004 1 475 0549273 Certification, Seat Belt Anchors and Mounting, Imp/Vel/Vel SLT, CD0018 1 476 0735440 Certification, Not Required, Selection from Another Category 1 477 0735449 Certification, Not Required, Selection from Another Category 1 478 0735950 Certification, Cab HVAC System Performance, Velocity/Impel FR, CD0166/CD0168 1 479 0545073 Amp Draw Report, NFPA Current Edition 1 480 0002758 Amp Draw, NFPA/ULC Radio Allowance 1 481 0799248 Appleton/Florida BTO 1 482 0000018 PUMPER, 2ND GEN 1 483 0000012 PIERCE CHASSIS 1 484 0004713 ENGINE, OTHER 1 485 0046395 EVS 3000 Series TRANSMISSION 1 486 0020011 WATEROUS PUMP 1 487 0020009 POLY TANK 1 488 0028087 EDUCTOR FOAM SYSTEM 1 489 0020006 SIDE CONTROL 1 490 0020007 AKRON VALVES 1 491 0020014 FRONT SUCTION 1 492 0020015 ABS SYSTEM 1 493 0658751 PUMPER BASE 1 6/12/2020 9:58 AM Page 15755Bid #: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8154 Agenda Date: 9/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 7.17 SUBJECT/RECOMMENDATION: Approve a contract (purchase order) to Oracle America, Inc., Redwood Shores, CA for the period of October 1, 2020 through September 30, 2021 for software maintenance, at a cost not to exceed $299,000.00 in accordance with Sec. 2.564(1) (b) Clearwater Code of Ordinances, sole source, and authorize the appropriate officials to execute same. (consent) SUMMARY: This is an annual contract for PeopleSoft (payroll system) at $136,921.58; Oracle (database licensing) at $40,286.01; Oracle OWAM maintenance (asset management system) at $93,843.09; and Oracle Mobile Device at $20,516.13; license contingency at $7,433.19. This Purchase Order represents an approximate $8,000 increase in real maintenance costs from a year ago. The increase in maintenance is due to annual incremental licensing increases. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 5559864-530500, maintenance contracts, to fund this contract. Page 1 City of Clearwater Printed on 9/17/2020 Page 1 of 8 Support Service Number: P-95-301-00-000--22 RL_Specified_Agreement_v111516 19-Aug-20 Dan Mayer CITY OF CLEARWATER PO Box 4748 Information Technology Department CLEARWATER FL 33758 United States Dear Dan Mayer The technical support services provided under support service number P-95-301-00-000--22 will expire, or have expired,on 30-Sep-20.Please find attached an ordering document for the renewal of these technical support services.If applicable,the attached ordering document may include technical support services that you have requested to order that are in addition to the technical support services that you are renewing. To prevent interruption to and/or termination of technical support services,please complete your order for the renewal of technical support services,identified in the ordering document,by issuing a form of payment acceptable to Oracle in accordance with the Order Processing Details section of the ordering document on or before 1-Sep-20. Have a question about your renewal?Call 301-641-0727 or email Oracle at mavis.waters@oracle.com. Have a question regarding Auto Renew or the acceptance process on Oracle Store? Call 301-641-0727, Chat on Store, or Request Assistance. Page 2 of 8 Support Service Number: P-95-301-00-000--22 RL_Specified_Agreement_v111516 GENERAL INFORMATION OFFER EXPIRATION ORACLE: Oracle America, Inc. Support Service Number:P-95-301-00-000--22 Oracle Contact Information: Mavis Waters Telephone: 301-641-0727 Fax: Email: mavis.waters@oracle.com Offer Expires:30-Sep-20 CUSTOMER: CITY OF CLEARWATER CUSTOMER QUOTE TO CUSTOMER BILL TO Account Contact:Dan Mayer Account Contact:Accounts Payable Account Name:CITY OF CLEARWATER Account Name:CITY OF CLEARWATER Address:PO Box 4748 Address:PO Box 4748 Information Technology Department CLEARWATER FL 33758 United States Clearwater FL 33758 United States Telephone:727 562-4662 Telephone: Fax: Fax: E-mail:Daniel.Mayer@MyClearw ater.com E-mail:@ "You" and "Your" as referenced in this ordering document refers to the Customer identified in the table above. Oracle may provide certain notices about technical support services via e-mail. Accordingly, please verify and update the Customer Quote To and Customer Bill To information in the above table to help ensure that You receive such communications from Oracle. If changes are required to the Customer Quote To and Customer Bill To information, please e-mail or fax the updated information, with Your support service number P-95-301-00-000--22, to Your Oracle Support Sales Representative identified in the table above. Page 3 of 8 Support Service Number: P-95-301-00-000--22 RL_Specified_Agreement_v111516 SERVICE DETAILS Program Technical Support Services Service Level:Software Update License & Support Product Description CSI #Qty License Metric License Level / Type Start Date End Date Price PeopleSoft Enterprise Extended Enterprise License - Employee Count Perpetual 14482912 1900 VALUE 1-Oct-20 30-Sep-21 10,296.88 PeopleSoft Enterprise Human Resources For Public Sector - Employee Count Perpetual 14501911 1900 VALUE 1-Oct-20 30-Sep-21 61,798.55 PeopleSoft Enterprise Human Resources For Public Sector - Employee Count Perpetual 14501911 380 FULL USE 1-Oct-20 30-Sep-21 1,043.35 PeopleSoft Enterprise Payroll For Public Sector - Employee Count Perpetual 14501911 1900 VALUE 1-Oct-20 30-Sep-21 61,798.55 PeopleSoft Enterprise Payroll For Public Sector - Employee Count Perpetual 14501911 380 FULL USE 1-Oct-20 30-Sep-21 1,043.35 PeopleSoft Enterprise Absence Management - Employee Count Perpetual 14501912 1900 VALUE 1-Oct-20 30-Sep-21 0.00 PeopleSoft Enterprise Talent Acquisition Manager - Employee Count Perpetual 14501912 1900 VALUE 1-Oct-20 30-Sep-21 0.00 Program Technical Support Fees:USD 135,980.68 Program Technical Support Services Service Level:Software Update License & Support Product Description CSI #Qty License Metric License Level / Type Start Date End Date Price SPL Synergen Series Base Product: All Subsystems - Concurrent User Perpetual 15397410 200 CONCUR RENT DEVICE FULL USE 1-Oct-20 30-Sep-21 30,768.22 SPL Synergen Series Base Product: All Subsystems - Server Perpetual 15397410 1 FULL USE 1-Oct-20 30-Sep-21 24,614.58 SPL Synergen Series ESRI GIS Integration Extension - Server Perpetual 15397410 1 FULL USE 1-Oct-20 30-Sep-21 7,692.07 SPL Synergen Series Web Deployment - Concurrent User Perpetual 15397410 200 CONCUR RENT DEVICE FULL USE 1-Oct-20 30-Sep-21 30,768.22 Program Technical Support Fees:USD 93,843.09 Page 4 of 8 Support Service Number: P-95-301-00-000--22 RL_Specified_Agreement_v111516 Program Technical Support Services Service Level:Software Update License & Support Product Description CSI #Qty License Metric License Level / Type Start Date End Date Price Merant Net Express V3 Win/Nt 14501859 1 USER 1-Oct-20 30-Sep-21 2,906.51 Oracle Utilities Mobile Device Management Base - Customer Perpetual 16130816 1 FULL USE 1-Oct-20 30-Sep-21 9,042.63 Micro Focus Visual COBOL for Windows for 2 Named Users (Mfr is Microfocus; Third Party Program) 17885976 1 FULL USE 1-Oct-20 30-Sep-21 8,566.99 Program Technical Support Fees:USD 20,516.13 Program Technical Support Services Service Level:Software Update License & Support Product Description CSI #Qty License Metric License Level / Type Start Date End Date Price Oracle Database Enterprise Edition - Named User Plus Perpetual 18925318 225 FULL USE 1-Oct-20 30-Sep-21 10,217.55 Oracle Database Enterprise Edition - Named User Plus Perpetual 18925318 45 FULL USE 1-Oct-20 30-Sep-21 11,743.56 Oracle Database Enterprise Edition - Processor Perpetual 18925318 2 FULL USE 1-Oct-20 30-Sep-21 9,451.78 Oracle Database Standard Edition - Named User Plus Perpetual 18925318 115 FULL USE 1-Oct-20 30-Sep-21 6,697.53 Oracle Database Standard Edition - Named User Plus Perpetual 18925318 75 FULL USE 1-Oct-20 30-Sep-21 2,175.59 Program Technical Support Fees:USD 40,286.01 Program Technical Support Services Service Level:Software Update License & Support Product Description CSI #Qty License Metric License Level / Type Start Date End Date Price PeopleSoft Enterprise Human Resources For Public Sector - Employee Count Perpetual 14501911 190 FULL USE 1-Oct-20 30-Sep-21 470.45 PeopleSoft Enterprise Payroll For Public Sector - Employee Count Perpetual 14501911 190 FULL USE 1-Oct-20 30-Sep-21 470.45 Program Technical Support Fees:USD 940.90 Page 5 of 8 Support Service Number: P-95-301-00-000--22 RL_Specified_Agreement_v111516 Total Price:USD 291,566.81 Plus applicable tax Please note the following: ·If You have questions regarding the Service Details section of this ordering document, or believe that corrections are required, please contact Your Oracle Support Sales Representative identified on the first page of this ordering document. ·Please review Oracle's technical support policies, including the Lifetime Support Policy, before entering into this ordering document. Under Oracle's Lifetime Support Policy, the support level for an Oracle product, if applicable, may change during the term of the services purchased under this ordering document. If extended support is offered, an additional fee will be charged for such support if ordered. If You would like to purchase extended support please contact Your Oracle Support Sales Representative identified on the first page of this ordering document. ·If Oracle accepts Your order, the start date set forth in the Service Details table above shall serve as the commencement date of the technical support services and the technical support services ordered under this ordering document will be provided through the end date specified in the table for the applicable programs and/ or hardware ("Support Period"). ·If any of the fields listed in the Service Details table above are blank, then such fields do not apply for the applicable programs and/or hardware for which You are purchasing technical support services. Page 6 of 8 Support Service Number: P-95-301-00-000--22 RL_Specified_Agreement_v111516 TECHNICAL SUPPORT SERVICES TERMS If the Customer and the Customer Quote To name identified in the General Information table above are not the same,CITY OF CLEARWATER represents that Customer has authorized CITY OF CLEARWATER to execute this ordering document on Customer's behalf and to bind Customer to the terms described herein.CITY OF CLEARWATER agrees that the services ordered are for the sole benefit of Customer and shall only be used by Customer.CITY OF CLEARWATER agrees to advise Customer of the terms of this ordering document as well as any communications received from Oracle regarding the services. If the Customer and the Customer Bill To name identified in the General Information table above are not the same,Customer agrees that:a)Customer has the ultimate responsibility for payments under this ordering document;and,b)any failure of CITY OF CLEARWATER to make timely payment per the terms of this ordering document shall be deemed a breach by Customer and,in addition to any other remedies available to Oracle,Oracle may terminate Customer's technical support service under this ordering document. Technical support is provided under Oracle's technical support policies in effect at the time the services are provided.The technical support policies are subject to change at Oracle's discretion;however, Oracle will not materially reduce the level of services provided for supported programs and/or hardware during the period for which technical support has been paid,or for U.S.federal and public sector entities, the period for which services have been ordered.You should review the technical support policies prior to entering into this ordering document.The current version of the technical support policies may be accessed at http://www.oracle.com/us/support/policies/index.html. The technical support services acquired under this ordering document are governed by the terms and conditions of the SLSA-225665-01-OCT-1995 ("agreement").Any use of the programs and/or hardware, which includes updates and other materials provided or made available by Oracle as part of technical support services,is subject to the rights granted for the programs and/or hardware set forth in the order in which the programs and/or hardware were acquired. This ordering document incorporates the agreement by reference.In the event of inconsistencies between the terms contained in this ordering document and the agreement,this ordering document shall take precedence. Page 7 of 8 Support Service Number: P-95-301-00-000--22 RL_Specified_Agreement_v111516 ORDER PROCESSING DETAILS Your order is subject to Oracle's acceptance.Your order is deemed to be placed when You provide Oracle with details for payment (e.g.,Your purchase order,Your check,or a credit card confirmation for the order as detailed below)or an executed Oracle Financing contract.Once placed,Your order shall be non-cancelable and the sums paid nonrefundable,except as provided in the agreement. Please note that unless You are a U.S.federal government or public sector entity,if the pre-tax value of this ordering document is USD $2,000 or less,the technical support services ordered (i)must be paid by credit card;or (ii)You must renew Your support via the Oracle Store. Please contact Your Oracle Support Sales Representative for details regarding renewing Your support via the Oracle Store. Technical Support fees are invoiced Quarterly in Arrears.All fees payable to Oracle are due within 30 NET from date of invoice. Oracle will issue an invoice to You upon receipt of a purchase order or a form of payment acceptable to Oracle.If You are an U.S.federal government or public sector entity,Oracle will issue You an invoice quarterly in arrears after the services are performed.You agree to pay any sales,value-added or other similar taxes imposed by applicable law,except for taxes based on Oracle's income. Unless you are an U.S.federal government entity,Oracle's invoice includes applicable sales tax,GST,or VAT (collectively referred to as "tax").If CITY OF CLEARWATER is a tax exempt organization and is not an U.S.federal government entity,a copy of CITY OF CLEARWATER's tax exemption certificate must be submitted with CITY OF CLEARWATER's purchase order,credit card or other acceptable form of payment. PAYMENT DETAILS Purchase Order If You are submitting a purchase order for the payment of the renewal of the technical support services on this renewal order,the purchase order must be in a non-editable format (e.g.,PDF)and include the following information: -Support Service Number:P-95-301-00-000--22 -Total Price:USD 291,566.81 (excluding applicable tax) -Local Tax,if applicable In issuing a purchase order,CITY OF CLEARWATER agrees that the terms of this renewal order and the agreement supersede the terms in the purchase order or any other non-Oracle document,and no terms included in any such purchase order or other non-Oracle document will apply to the technical support services renewed under this renewal order. Please contact Oracle per the General Information section above to issue Your purchase order. Credit Card If You wish to use a credit card to pay for the renewal of the technical support services on this renewal order,please contact Oracle per the General Information section above.Please note that Oracle is unable to process credit card transactions of USD $100,000 or greater or transactions that are not in USD. Check If the technical support services on this ordering document will be ordered and paid by check,the check Page 8 of 8 Support Service Number: P-95-301-00-000--22 RL_Specified_Agreement_v111516 must include the following information: -Support Service Number:P-95-301-00-000--22 -Total Price:USD 291,566.81 (excluding applicable tax) -Local Tax,if applicable In issuing a check,CITY OF CLEARWATER agrees that only the terms of this ordering document and the agreement shall apply to the technical support services ordered under this ordering document.No terms attached or submitted with the check shall apply. Please mail check payments in accordance with the Remittance Details section below. Checks for technical support services renewed under this renewal order should be sent to: AK,AZ,CA,HI,ID,NV,OR,UT,WA: Oracle America,Inc PO Box 44471 San Francisco,CA 94144-4471 All Other States: Oracle America,Inc PO Box 203448 Dallas,TX 75320-3448 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8161 Agenda Date: 9/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 7.18 SUBJECT/RECOMMENDATION: Authorize piggyback off of the State of Florida Department of Management Services Contract DMS-10/11-008C, for basic cellular/smart phones and mobile data services, with Verizon Wireless, in an amount not to exceed $675,000 for the period October 1, 2020 through September 30, 2021, pursuant to Clearwater Code of Ordinances Section 2.564 (1)(d) Other Government Entities Bids and authorize the appropriate officials to execute same. (consent) SUMMARY: City operating departments facilitate mobile services and field data collection with the use of mobile computing devices (phones, tablets, laptops, etc.) and wireless data connections (air cards) and cellular phones. All mobile/wireless services are aggregated and billed through the Information Technology Department. Verizon is being selected off of State contract for its quality of coverage and reliability within our service area. The annual Verizon spend is $675,000, broken down as follows: cellular/smart phones $375,000; and data cards for departments - including Police Department’s patrol vehicles - $300,000. The City currently has 698 cellular/smart phones in use and approximately 637 cellular data cards (280 for police patrol units). The requested amount represents a $15,000 reduction from the previous Fiscal Year 19-20 approval. State Contract DMS-10/11-008C expires on January 19, 2022. APPROPRIATION CODE AND AMOUNT: 5559865-542100 - $375,000 5559862-530300 - $300,000 Page 1 City of Clearwater Printed on 9/17/2020 Contract No.: DMS 10/11-008C Page 1 of 25 MOBILE COMMUNICATION SERVICES VERIZON CONTRACT CONTRACT NO.: DMS-10/11-008C Contract No.: DMS 10/11-008C Page 2 of 25 Contract 1.0 MOBILE COMMUNICATION SERVICES AGREEMENT Contents CONTRACT 1.0 MOBILE COMMUNICATION SERVICES AGREEMENT .......................................................................... 2 CONTRACT 1.0 ‐ DEFINITIONS .................................................................................................................................. 5 1.01 BUSINESS DAY ............................................................................................................................................................ 5 1.02 BUSINESS HOURS ........................................................................................................................................................ 5 1.03 DEPARTMENT. ............................................................................................................................................................ 5 1.04 END USER(S) .............................................................................................................................................................. 5 1.05 EVENTS OF DEFAULT ................................................................................................................................................... 5 1.06 INTERNATIONAL DIALING .............................................................................................................................................. 5 1.07 ITN .......................................................................................................................................................................... 6 1.08 SERVICE(S) ................................................................................................................................................................. 6 1.09 SERVICE ACCOUNT. ..................................................................................................................................................... 6 1.10 SERVICE PROVIDER. ..................................................................................................................................................... 6 1.11 STATE ....................................................................................................................................................................... 6 1.12 SUNCOM CLIENT(S) .................................................................................................................................................. 6 CONTRACT 2.0 ‐ TERM OF AGREEMENT .................................................................................................................. 6 2.01 INITIAL TERM ............................................................................................................................................................. 6 2.02 RENEWAL TERM .......................................................................................................................................................... 6 2.03 TERMINATION BY THE DEPARTMENT FOR CONVENIENCE ..................................................................................................... 6 2.04 TERMINATION BY SERVICE PROVIDER FOR UNFORESEEN CIRCUMSTANCES .............................................................................. 6 2.05 TERMINATION FOR CAUSE ............................................................................................................................................. 7 2.06 TERMINATION FOR NON‐APPROPRIATION ........................................................................................................................ 7 2.07 TRANSITION AND TRANSITION SERVICES........................................................................................................................... 7 2.08 CONTRACT DOCUMENTS ............................................................................................................................................... 7 CONTRACT 3.0 ‐ PROVISION OF SERVICE ................................................................................................................. 7 3.01 GENERALLY ................................................................................................................................................................ 7 3.02 REPORTS ................................................................................................................................................................... 8 3.03 CUSTOMER CARE SERVICES ........................................................................................................................................... 8 3.04 NO PRIVITY WITH END USERS OR SUNCOM CLIENTS ....................................................................................................... 8 3.05 RIGHT TO DEACTIVATION OF UNUSED ACCOUNTS .............................................................................................................. 8 3.06 DISCOUNTS ................................................................................................................................................................ 8 CONTRACT 4.0 ‐ PRICING ......................................................................................................................................... 8 4.01 RATES ....................................................................................................................................................................... 8 4.02 RATE INCREASES ......................................................................................................................................................... 8 4.03 INTERNATIONAL DIALING CHARGES ................................................................................................................................. 9 4.04 METERING OF CALLS .................................................................................................................................................... 9 4.05 METERING OF DATA USAGE .......................................................................................................................................... 9 4.06 MINIMUM MONTHLY FEE (MMF) ................................................................................................................................. 9 CONTRACT 5.0 ‐ EQUIPMENT .................................................................................................................................. 9 5.01 RESPONSIBILITY FOR OBTAINING EQUIPMENT ................................................................................................................... 9 5.02 NETWORK COMPATIBILITY ............................................................................................................................................ 9 5.03 EQUIPMENT LISTS AND CATALOGS ................................................................................................................................ 10 5.04 REPORTS OF END USER EQUIPMENT ............................................................................................................................. 10 Contract No.: DMS 10/11-008C Page 3 of 25 CONTRACT 6.0 ‐ BUSINESS PROCESS AND OPERATIONS .......................................................................................... 10 6.01 GENERALLY .............................................................................................................................................................. 10 6.02 WEEKLY CONFERENCE CALLS ....................................................................................................................................... 10 6.03 HELPDESK ................................................................................................................................................................ 10 6.04 ESCALATION REQUIREMENTS ....................................................................................................................................... 10 6.05 AUTHORIZED REPRESENTATIVES ................................................................................................................................... 11 CONTRACT 7.0 ‐ TERMS OF PAYMENT .................................................................................................................... 12 7.01 INVOICING OF CHARGES .............................................................................................................................................. 12 7.02 PAYMENT OF CHARGES ............................................................................................................................................... 12 7.03 TRANSACTION FEE ..................................................................................................................................................... 12 7.04 TAXES ..................................................................................................................................................................... 12 7.05 DISPUTED CHARGES ................................................................................................................................................... 12 7.06 PRORATION OF CHARGES ............................................................................................................................................ 12 7.07 CHARGES RESULTING FROM LOST OR STOLEN DEVICES ..................................................................................................... 13 7.08 RIGHT OF OFFSET ...................................................................................................................................................... 13 CONTRACT 8.0 ‐ THE DEPARTMENT’S OBLIGATIONS ............................................................................................... 13 8.01 TRAINED STAFF ......................................................................................................................................................... 13 8.02 RESPONSIBILITY FOR ACTIONS OR OMISSIONS ................................................................................................................. 13 8.03 RESPONSIBILITY FOR AGENTS ....................................................................................................................................... 13 8.04 NO RIGHTS TO SERVICE PROVIDER’S FACILITIES OR INTELLECTUAL PROPERTY ........................................................................ 13 8.05 NOTICE TO END USERS AND SUNCOM CLIENTS ............................................................................................................ 13 8.06 PROTECTION OF SERVICE PROVIDER MARKS ................................................................................................................... 14 8.07 CUSTOMER CHOICE ................................................................................................................................................... 14 8.08 MONITORING OF DISCRETIONARY USER UTILIZATION ....................................................................................................... 14 CONTRACT 9.0 ‐ SERVICE PROVIDER’S OBLIGATIONS .............................................................................................. 14 9.01 NOTICE OF MATERIAL CHANGES IN SERVICE ................................................................................................................... 14 9.02 PLANNED OUTAGES ................................................................................................................................................... 14 9.03 UNFORESEEN OUTAGES .............................................................................................................................................. 15 9.04 DEPARTMENT TEST ACCOUNTS .................................................................................................................................... 15 9.05 SUNCOM CLIENT TESTING AND EVALUATION ................................................................................................................ 15 9.06 SECURITY AND CONFIDENTIALITY .................................................................................................................................. 15 9.07 PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC. (PRIDE) ............................................................... 15 9.08 PRODUCTS AVAILABLE FROM THE BLIND OR OTHER HANDICAPPED. SECTION 413.036(3), FLORIDA STATUTES .......................... 15 9.09 E‐VERIFY EMPLOYMENT ELIGIBILITY VERIFICATION .......................................................................................................... 16 CONTRACT 10.0 ‐ ABUSIVE OR FRAUDULENT USE OF THE SERVICES .......................................................................... 16 10.01 FRAUD ................................................................................................................................................................ 16 10.02 MINIMIZE ABUSE .................................................................................................................................................. 16 10.03 SUSPECTED ABUSE OR FRAUDULENT ......................................................................................................................... 16 10.04 FRAUDULENT USE OF SERVICES ................................................................................................................................ 16 10.05 DAMAGES RESULTING FROM ANY UNAUTHORIZED USE ............................................................................................... 16 10.06 INTERRUPT OR TERMINATE SERVICE .......................................................................................................................... 16 CONTRACT 11.0 ‐ NO WARRANTIES .......................................................................................................................... 17 CONTRACT 12.0 ‐ LIMITATIONS OF LIABILITY ............................................................................................................ 17 CONTRACT 13.0 ‐ INDEMNIFICATION ....................................................................................................................... 18 13.01 INDEMNIFICATION ................................................................................................................................................. 18 13.02 CONDITIONS TO INDEMNIFICATION ........................................................................................................................... 18 Contract No.: DMS 10/11-008C Page 4 of 25 CONTRACT 14.0 ‐ DISPUTES...................................................................................................................................... 18 CONTRACT 15.0 – MISCELLANEOUS .......................................................................................................................... 19 15.01 SCRUTINIZED COMPANIES LISTS ............................................................................................................................... 19 15.02 ANNUAL APPROPRIATIONS ..................................................................................................................................... 19 15.03 WAIVER .............................................................................................................................................................. 19 15.04 PUBLIC RECORDS .................................................................................................................................................. 19 15.05 CONTRACTUAL OBLIGATIONS .................................................................................................................................. 19 15.06 NO SUBCONTRACTING ........................................................................................................................................... 19 15.07 NOTICES ............................................................................................................................................................. 19 15.08 FORCE MAJEURE .................................................................................................................................................. 20 15.09 ETHICAL RESPONSIBILITIES ...................................................................................................................................... 20 15.10 COMPLIANCE WITH LAWS ...................................................................................................................................... 20 15.11 E‐RATE ............................................................................................................................................................... 21 15.12 ADVERTISING ....................................................................................................................................................... 23 15.13 ASSIGNMENT ....................................................................................................................................................... 23 15.14 EMPLOYEES, SUBCONTRACTORS, AND AGENTS ........................................................................................................... 23 15.15 GOVERNMENTAL RESTRICTIONS ............................................................................................................................... 23 15.16 LOBBYING AND INTEGRITY ...................................................................................................................................... 23 15.17 WARRANTY OF ABILITY TO PERFORM ........................................................................................................................ 24 15.18 MODIFICATION OF TERMS ...................................................................................................................................... 24 15.19 *FHP AND ASSOCIATED OR SIMILAR NUMBER ........................................................................................................... 24 15.20 SUCCESSORS AND ASSIGNS ..................................................................................................................................... 25 15.21 EXECUTION IN COUNTERPARTS ................................................................................................................................ 25 15.22 SEVERABILITY ....................................................................................................................................................... 25 Attachments: Exhibit 1 - Technical Requirements Exhibit 2 - Business Process & Operation Exhibit 3 - Pricing Exhibit 4 - Enhanced Services and Solutions Exhibit 5 - SLA Matrix Exhibit 6 - Contract No.: 03-STO-ITN-001 (MA4974) and Contract No: 725-330-05-1 Exhibit 7 - Discounts Exhibit 8- Award Memorandum, Supplemental Memorandum, and attachments demonstrating ranking of service providers Contract No.: DMS 10/11-008C Page 5 of 25 MOBILE COMMUNICATION SERVICES AGREEMENT THIS MOBILE COMMUNICATION SERVICES AGREEMENT (“Agreement”), effective as of the last date signed below (the “Effective Date”), is between the Florida Department of Management Services, a State agency with its principal place of business at 4050 Esplanade Way, Suite 200, Tallahassee, FL 32399-0950 (the “Department”), and Verizon Wireless Personal Communications LP d/b/a Verizon Wireless and Verizon Wireless of the East LP d/b/a Verizon Wireless by Cellco Partnership, its General Partner with its principal place of business at One Verizon Way, Basking Ridge, NJ 07920-1097(“Service Provider”). WHEREAS, Service Provider provides wireless voice and data services in certain areas of Florida; and WHEREAS, the Department issued Invitation to Negotiate #10/11-008 (”ITN”), on September 2, 2010, in order to select a company to provide such services; and WHEREAS, the ITN process resulted in Verizon Wireless receiving a pricing score of 46, a technical score of 45.6, and a total score of 91.6, AT&T Mobility receiving a pricing score of 23, a technical score of 40.2 and a total score of 63.2, and Sprint receiving a pricing score of 21, a technical score of 39, and a total score of 60; and WHEREAS, although Verizon Wireless received the highest score of the responsive vendors, was the highest ranked service provider, the Department believes it is in the best interest of the State to include AT&T Mobility and Sprint as authorized service providers to ensure perpetual competition, and to permit agencies to choose the service provider that provides the best value to the State. NOW THEREFORE, in consideration of the mutual covenants and the promises contained herein, the parties agree as follows: Contract 1.0 - DEFINITIONS 1.01 Business Day: Means Monday through Friday, excluding State-observed holidays. 1.02 Business Hours: Means 9:00 A.M. to 5:00 P.M. EST on any Business Day at the office responsible for handling the pertinent interaction between Service Provider and the Department. 1.03 Department: Means the Florida Department of Management Services, acting through its Division of Telecommunications (“DivTel”). The Department is the customer of record under this Agreement. 1.04 End User(s): Means the individuals using the wireless telecommunications services set forth in Exhibit 1 – Technical Requirements. 1.05 Events of Default: Means: (i) the failure of either party to pay any sum owed to the other hereunder at the time such amount comes due, (ii) the failure of either party to perform or observe any term, condition, or covenant to be performed by it under this Agreement, or (iii) an unauthorized assignment of this Agreement. 1.06 Internaional Dialing: Means a call to or from an End User’s handset that originates or terminates outside the United States and Canada. Contract No.: DMS 10/11-008C Page 6 of 25 1.07 ITN: Means the Department’s Invitation to Negotiate identified in the recitals above. 1.08 Service(s): Means the services provided by Service Provider to the Department under this Agreement, including: (i) the wireless telecommunications services specified in Exhibit 1 (Technical Requirements), (ii) the operational services specified in Exhibit 2 (Business Process and Operations), and (iii) such other services not specifically described in this Agreement but which are inherent in the provisioning of such services. 1.09 Service Account: Means the unique account through which services are offered and charges can be incurred (without regard to who pays). Service Accounts are often associated with a single user and have one-to-one relationships with Mobile Telephone Numbers, Electronic Serial Numbers, Subscriber Identity Modules, Mobile Identification Numbers and/or device serial number. 1.10 Service Provider: Means the wireless telecommunications company identified in the first paragraph of this Agreement. 1.11 State: Means the State of Florida. 1.12 SUNCOM Client(s): Means the entity or entities acquiring the wireless telecommunications services set forth in Exhibit 1 from the Department. SUNCOM Clients may include State agencies, the legislative and judicial branches, political subdivisions, counties, cities, municipalities, local school boards, community colleges, universities, educational institutions, certain private non-profit K-12 schools, libraries, qualified commissions and boards, water management districts, certain qualifying non-profit corporations, and other qualifying public agencies or authorities. Contract 2.0 - TERM OF AGREEMENT 2.01 Initial Term The initial term of this Agreement shall commence on the Effective Date. As such this contract will expire five (5) years after the effective date , unless sooner terminated in accordance with the provisions herein. 2.02 Renewal Term Upon mutual agreement, the parties may renew the Agreement, in whole or in part, for renewal terms up to five (5) years. Each renewal shall specify the renewal price as set forth in the ITN response as reflected in Section 4.02 below. Each renewal must be in writing and signed by both parties, and is contingent upon satisfactory performance evaluations and subject to availability of funds. 2.03 Termination By the Department for Convenience The Department may terminate this Agreement for convenience upon one hundred eighty (180) days’ advance written notice to Service Provider when the Department determines in its sole discretion that it is in the State’s interest to do so. In the event of a termination for convenience, Service Provider shall not be entitled to recover any cancellation charges or lost profits. 2.04 Termination By Service Provider for Unforeseen Circumstances The Service Provider may deem it necessary from time to time to change or update certain procedures set forth in this Agreement in order to account for unforeseen circumstances or to more efficiently conduct its business. If the Department unreasonably rejects such change or update, then Service Provider may terminate this Agreement upon one hundred eighty (180) days’ prior written notice. In the Contract No.: DMS 10/11-008C Page 7 of 25 event of a termination for unforeseen circumstances, Service Provider shall not be entitled to recover any cancellation charges or lost profits. 2.05 Termination for Cause This Agreement may be terminated upon an Event of Default by either party if such Event of Default is not cured by the defaulting party within thirty (30) days of receipt of written notice of the Event of Default. The non-defaulting party shall have the immediate right, without further notice or proceedings, to pursue such remedies and other actions as that party may deem appropriate under Florida law. 2.06 Termination for Non-Appropriation The state of Florida’s performance and obligation to pay under this Contract is contingent upon annual appropriation by the Legislature. Either party may terminate this Agreement in the event the Legislature does not appropriate sufficient funds to cover the Department’s obligations hereunder. 2.07 Transition and Transition Services Service Provider will have a period of eight (8) months from the date of execution of this Contract, in accordance with Section 5.02 of the ITN, to complete all transition activities as described in Exhibit 2, Business Process & Operations, and to commence providing the services as specified herein (the “Transition Period”). The Transition Period contract processes and requirements are different from those processes and requirements that will govern after the Transition Period ends. As such, it is the desire of the parties that, for only the Transition Period, the operational terms and conditions contained in the earlier agreements between the parties for Wireless Data Services, Contract No.: 03-STO-ITN-001 (MA4974) and Wireless Voice Services, Contract No.: 725-330-05-1, will apply to this Contract. Those operations terms and conditions are hereby incorporated into this agreement as Exhibit 6. Upon any termination of this Agreement, Service Provider shall cooperate and use reasonable efforts to (i) assist the Department and SUNCOM Clients to minimize any impacts resulting from the termination and any transition to a new vendor; and (ii) offer the Services directly to any SUNCOM Client or End User who meets Service Provider’s credit requirements and who enters into a contract for service with Service Provider. 2.08 Contract Documents This Contract, together with the following documents, set forth the entire understanding of the parties with respect to the subject matter. In case of conflict, the terms of the Contract shall control. If a conflict exists among any of these documents, the documents shall have priority in the order listed: A. Any Amendments to the Contract. B. Contract and Exhibits 1 - 8. C. ITN No.: DMS-10/11-008, as amended. Contract 3.0 - PROVISION OF SERVICE 3.01 Generally Service Provider agrees to provide the Services in accordance with the specifications and requirements set forth in this Agreement. Contract No.: DMS 10/11-008C Page 8 of 25 3.02 Reports The Service Provider shall provide monitoring tools with reporting functionality, if available, to the Department which monitors the defined SLA service parameters in accordance with Exhibit 5. The reports referenced in Exhibit 1, Exhibit 2, and Exhibit 5 (SLA Matrix) shall be provided by the Service Provider. The Service Provider shall submit reports in electronic format to the Department. The reports shall be due within a timeframe mutually agreed upon between the parties or no later than 30 days following the request from the Department. Any additional ad hoc reports requested by the Department shall be provided by the Service Provider upon mutual agreement of the format and within a timeframe mutually agreed upon between the parties. 3.03 Customer Care Services Service Provider’s technical support resources (call centers, website, etc.) shall be available to End Users and SUNCOM Clients for resolution of most Service-related issues. In addition, the Department and SUNCOM Clients will have access to a technical support desk as set forth in Section 6.03 below. 3.04 No Privity With End Users or SUNCOM Clients Unless otherwise provided in this Agreement, Service Provider has no obligations to the End Users or SUNCOM Clients for the resolution of billing and account issues relating to the Service and shall not be authorized to send any bills for the Service to such End Users or SUNCOM Clients. 3.05 Right to Deactivation of Unused Accounts The parties will cooperate to ensure that End User accounts do not lie dormant for extended periods of time (six months or more). Service Provider shall not deactivate such accounts until the Department has been given at least sixty (60) days to investigate and notify the SUNCOM Client. If circumstances warrant, the Department may require Service Provider to postpone the planned deactivation for some identified period of time. 3.06 Discounts See Exhibit 7 for details regarding discounts available to SUNCOM Clients, employees and retirees. Other terms and conditions of this Agreement do not apply to Exhibit 7. Contract 4.0 - PRICING 4.01 Rates The full and complete prices for the Services are set forth on Exhibit 3, attached hereto. 4.02 Rate Increases The rates set forth on Exhibit 3 may not increase prior to January 1, 2014. Beginning January 1, 2014, Service Provider may increase the pricing subject to the following limitations: (i) the Department must be given at least one hundred eighty (180) days advance written notice of the exact amount of the price increase; (ii) no more than one price increase may be made in any twelve (12) month period; and (iii) the price increase may not exceed the most recent annual percentage increase in Consumer Price Index (CPI-W) for Urban Wage Earners and Clerical Workers, All Items, South Region (using the most recent twelve months of Labor Department statistics available at the time the notice was given). No retroactive price increases are allowed. Contract No.: DMS 10/11-008C Page 9 of 25 4.03 International Dialing Charges Unless otherwise instructed by the Department, Service Provider shall not enable International Dialing (“IDIAL”) on End Users handsets. If international calling is enabled, Service Provider may reasonably restrict availability and may charge the Department at Service Provider’s standard international long distance rates, including toll charges. See definition for “International Dialing.” 4.04 Metering of Calls The length of calls is generally measured from the time the End User presses the “SEND” key and ends when the phone device disconnects from Service Provider’s facilities or within one second after the End User presses the “END” key if sooner. When airtime is charged for feature use without radio airtime being used (such as Call Forwarding features), measurement is based on switch access time. 4.05 Metering of Data Usage Service Provider monitors all data sent to and from the device which can include, Header, Payload, ICMP and retransmitted packets. Billable data is determined by data mediation which accounts for the specifics of the End Users rate plan. Data can be billed in kbps, mbps and Gbps depending on the End User specific rate plan. Billing will round up to the next kbps, mbps or Gbps specific to the End User rate plan. Branded/Package/Premium services may include unlimited usage for specific data use in which byte counts for the allowed unlimited data would be removed from the total byte count during data mediation. 4.06 Minimum Monthly Fee (MMF) Every SUNCOM Client’s Service Account will incur a minimum monthly charge (as set in Exhibit 3 - Price) unless the Service Account’s utilization cost exceeds the Minimum Monthly Fee’s amount. Contract 5.0 - EQUIPMENT 5.01 Responsibility for Obtaining Equipment SUNCOM Clients and End Users shall be responsible for obtaining the equipment necessary to use the Services from Service Provider or third parties. The Department may impose reasonable policies respecting such equipment. 5.02 Network Compatibility Pursuant to this Agreement, Service Provider agrees to offer equipment (including accessories) to SUNCOM Clients on the following basis: (i) Comparable Terms and Prices: The equipment models, standard prices and standard terms of sale shall be comparable to those offered to Service Provider’s largest customers in Florida. (ii) Minimum Discounts: Pricing shall reflect, at a minimum, the discounts set forth on Exhibit 3 - Pricing (Pricing for Equipment). (iii) Promotions: Service Provider may offer equipment sales promotions to SUNCOM Clients with the Department’s consent. If requested, the Department may (but is not required to) assist in publishing these promotions. (iv) Ordering Process: Service Provider may require SUNCOM Clients to follow reasonable procedures for ordering, receiving and paying for the equipment (e.g., a requirement that all Contract No.: DMS 10/11-008C Page 10 of 25 orders be placed through a designated account executive or toll-free number). (v) Cancellation Fees: Any applicable term commitments or early cancellation fees relating to service/equipment will be the responsibility of the Department. (vi) Warranties: Service Provider agrees to pass through to SUNCOM Clients any and all equipment vendor warranties (including battery) to the fullest extent allowed under applicable law. (vii) Americans with Disabilities Act: Service Provider shall identify any products that may be used or adapted for use by visually, hearing, or other physically impaired individuals. 5.03 Equipment Lists and Catalogs The parties will cooperate in updating the equipment lists and catalogs set forth in Service Provider’s response to the ITN. These updated lists and catalogs (with applicable pricing) shall be made available for viewing and ordering by SUNCOM Clients in accordance with Exhibit 2 – Business Process and Operation. Service Provider shall provide the Department with reasonable advanced notice (i.e., prior to the effective date) of any equipment included in the lists and catalogs which will be discontinued. 5.04 Reports of End User Equipment To Be Provided To The Department. Service Provider will provide the Department with monthly reports as described in Exhibit 2 – Business Process and Operation. Contract 6.0 - BUSINESS PROCESS AND OPERATIONS 6.01 Generally The initial business processes and operational requirements applicable to this Agreement are set forth on Exhibit 2 – Business Process and Operation. The parties shall cooperate to make reasonable clarifications, modifications, additions or deletions to these requirements from time to time based on changing circumstances and/or the desire for better efficiencies. By the end of the Development and Preparation Phase contemplated in Exhibit 2 – Business Process and Operation, the parties will organize and set forth the requirements in a comprehensive Operational Guide which each party will follow in good faith. Changes in the Operational Guide may be accomplished and implemented by mutual agreement without a formal amendment to the Agreement. 6.02 Weekly Conference Calls Service Provider shall participate in a weekly conference call with the Department to discuss and provide status on all open or unresolved issues related to the Services (including trouble tickets). It shall be the responsibility of Service Provider to coordinate and initiate the call at a time acceptable to the Department’s staff. At the Department’s discretion, the call frequency may be modified. 6.03 Helpdesk To address issues relating to the Service or this Agreement that are beyond the expertise of Service Provider’s standard customer care resources, Service Provider shall provide a centralized trouble reporting and maintenance system (“HelpDesk) for use by the Department and SUNCOM Clients. 6.04 Escalation Requirements Service Provider’s escalation procedure and contact list to be used for unresolved SUNCOM Client problems, unresolved network problems, or problems not being resolved in a timely manner shall include names, titles, and phone numbers of contacts in Service Provider’s escalation chain. Contract No.: DMS 10/11-008C Page 11 of 25 6.05 Authorized Representatives Immediately upon execution of this Agreement, Service Provider shall notify the Department of its authorized representatives for purposes of giving and receiving the notices provided for under this Section 6.0 and any other Service orders, including those which involve the activation, change, or discontinuance of Service. The Department’s authorized representatives are as follows: A. Contract Administrator The employee primarily responsible for administrative duties relating to the Agreement, such as maintaining the Contract file and financial information on this Contract, and will serve as the liaison with the Contractor’s Contract Manager and Department. Christina Espinosa, FCCN, FCCM Purchasing Analyst Departmental Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 380.9z Telephone: (850) 410-2404 The Department may appoint a different Contract Administrator, Contract Manager and/or SUNCOM Product Manager without an amendment to the Agreement, by sending written notice to Service Provider. B. Contract Manager The employee primarily responsible for overseeing each party’s performance under to the terms of this Agreement. Any communication from the Contractor to the Department relating to the Agreement shall be copied to the Contract Manager. Jonathan Rakestraw Division of Telecommunications Department of Management Services 4030 Esplanade Way, Suite 115 Tallahassee, Florida 32399-0950 Telephone: (850) 921- 0857 / Fax: (850) 921- 5162 E-mail: jonathan.rakestraw@dms.myflorida.com C. SUNCOM Product Manager The employee primarily responsible for overseeing the technical requirements for this Agreement. Raghib Qureshi Division of Telecommunications Department of Management Services 4030 Esplanade Way, Suite 125J Tallahassee, Florida 32399-0950 Telephone: (850) 413-0319 E-mail: raghib.qureshi@dms.myflorida.com Contract No.: DMS 10/11-008C Page 12 of 25 Contract 7.0 - TERMS OF PAYMENT 7.01 Invoicing of Charges Invoicing shall comply with the terms and conditions set forth in Exhibit 2 (Business Operations) attached to this Agreement. 7.02 Payment of Charges Payment shall be made in accordance with State law, including Sections 215.422 and 287.0585, Florida Statutes, which govern time limits for payment of invoices. Invoices that must be returned to Service Provider due to preparation errors will result in a delay in payment. The Department is solely responsible for all charges billed under this Agreement, whether or not a SUNCOM Client has paid the Department for such charges. 7.03 Transaction Fee The State has instituted MyFloridaMarketPlace, a statewide eProcurement System (“System”). Pursuant to Section 287.057(23), Florida Statutes, all payments shall be assessed a Transaction Fee of one percent (1.0%), which Service Provider shall pay to the State, unless exempt pursuant to Rule 60A-1.032, F.A.C. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to Service Provider. If automatic deduction is not possible, Service Provider shall pay the Transaction Fee pursuant to Rule 60A-1.031(2), F.A.C. By submission of these reports and corresponding payments, Service Provider certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. Service Provider shall receive a credit for any Transaction Fee paid by Service Provider for the purchase of any item(s) if such item(s) are returned to Service Provider through no fault, act, or omission of Service Provider. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to Service Provider’s failure to perform or comply with specifications or requirements of the Agreement. Failure to comply with these requirements shall constitute grounds for declaring Service Provider in default and recovering re-procurement costs from Service Provider in addition to all outstanding fees. SERVICE PROVIDERS DELINQUENT IN PAYING TRANSACTION FEES MAY BE SUBJECT TO BEING REMOVED FROM THE DEPARTMENT’S VENDOR LIST AS PROVIDED IN RULE 60A-1.006, F.A.C. 7.04 Taxes The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property. The State will not pay for any personal property taxes levied on Service Provider or for any taxes levied on employees’ wages. 7.05 Disputed Charges Disputed charges shall be handled in the manner set forth in Exhibit 2 – Business Process and Operation, Section 5.07.7, attached to this Agreement and to pursuant to Section 215.422, Florida Statutes and Rule 60FF-2 Florida Administrative code. 7.06 Proration of Charges Monthly fees for billing periods of less than one month will be prorated based on the actual number of days in such periods. Contract No.: DMS 10/11-008C Page 13 of 25 7.07 Charges Resulting from Lost or Stolen Devices In the event an End User’s or SUNCOM Client’s voice or data transmitting device (“Device”) is lost, stolen, or otherwise absent from the End User’s or SUNCOM Client’s possession or control, the Department shall nevertheless be liable for all charges attributable to the Device until it or the End User or SUNCOM Client notifies Service Provider during Business Hours of such loss, theft, or unauthorized absence, in which case the Department’s liability therefore shall terminate at the earlier of (i) deactivation of the Device by Service Provider, or (ii) the end of four (4) Business Hours after such notification is received by Service Provider. Service Provider shall use reasonable efforts, taking into account all circumstances which shall include other operational demands placed upon its employees, to deactivate Service to the Device affected as soon as practicable. 7.08 Right of Offset The Department may, in addition to other remedies available at law or equity and upon notice to Service Provider, retain from amounts due Service Provider such monies as may be necessary to satisfy any claim arising under (i) this Agreement, or (ii) any other liability or obligation of Service Provider or its affiliates to the State of Florida. Contract 8.0 - THE DEPARTMENT’S OBLIGATIONS 8.01 Trained Staff The Department shall provide an adequate and properly trained staff to receive and investigate any complaints from its End Users or SUNCOM Clients relating to Service, and will report any trouble to Service Provider with respect to Service only upon reasonable verification that such trouble is due to reasons other than the misuse or malfunctioning of the End User’s or SUNCOM Client’s equipment or the failure of such equipment to meet the technical standards for compatibility with Service. 8.02 Responsibility for Actions or Omissions The Department shall be solely responsible for all costs and expenses incurred in connection with its actions or omissions in the sale of Service or otherwise relating to this Agreement. The Department shall act in all respects on its own account, and shall be solely responsible for such things as billing, collection and, except as provided in Section 11 and Exhibit 1 – Technical Requirements, abuse or fraudulent use of any element of the Service, whether by the Department’s employees or agents of the Department, an End User or a SUNCOM Client, or any third party (excepting only actions by Service Provider, Service Provider’s agent or Service Provider’s employees), provided Service Provider has followed the Department’s instructions under this Agreement with respect to such use. 8.03 Responsibility for Agents The Department is responsible for the performance of its agents, if any, and shall ensure that its agents are in compliance with any applicable terms of this Agreement and any other applicable industry standards, rules and regulations. 8.04 No Rights to Service Provider’s Facilities or Intellectual Property No provision of this Agreement shall be construed as vesting in the Department any control, ownership or rights in any facilities, operations or intellectual property of Service Provider. 8.05 Notice to End Users and SUNCOM Clients The parties will cooperate in advising each End User and SUNCOM Client of the following: Contract No.: DMS 10/11-008C Page 14 of 25 (i) The availability of the Service is not assured at all times or places; (ii) The privacy of the Service is not assured at all times or places; (iii) End Users and SUNCOM Clients have no contractual relationship with Service Provider with respect to the Service; and (iv) Any liability Service Provider might have to an End User or a SUNCOM Client for the Service shall not exceed the liability Service Provider would have if the End User or SUNCOM Client was a direct customer of Service Provider and had agreed to Service Provider’s standard terms and conditions. The above notice requirements may be satisfied by a reasonably placed posting on the Department’s SUNCOM website. 8.06 Protection of Service Provider Marks The Department recognizes the right, title, and/or interest of Service Provider (through ownership or license) to all service marks, trademarks, and trade names owned by or used by Service Provider (the “Marks”). The Department agrees not to, directly or indirectly, contest or otherwise impair such right, title, and interest of Service Provider. The Department has no rights, and shall not acquire any right, title or claim to the Marks, shall not use any Marks, and shall not use Service Provider or any trademarks or trade names of Service Provider, directly or indirectly, without the prior written consent of Service Provider. 8.07 Customer Choice Pursuant to chapter 287, Florida Statutes, the Department engaged in a lengthy competitive bidding process to determine which solution offered the best value to the State of Florida. At the conclusion of the competitive bidding process, Verizon Wireless received the highest ranking on both the price and technical components of the ITN. See Exhibit 8. Pursuant to this Agreement, agencies are permitted to choose between the three vendors on the Agreement when making mobile communication purchases. However, agencies should follow their best practices in making the purchase decision, incorporating objective factors that include, but are not limited to, price, quality, design and workmanship. 8.08 Monitoring of Discretionary User Utilization The Department shall monitor, on a quarterly basis, cumulative utilization of all the agreements resulting from the ITN by all users other than State Agencies (generally referred to as Discretionary Users). Service Provider shall make a good faith effort to promote the services as prescribed in the ITN. However, if utilization of all the agreements resulting from the ITN by Discretionary Users decreases by 10% or more cumulatively as verified by a joint study, the Department shall consider revising this Agreement to prevent the loss of Discretionary Users. Contract 9.0 - SERVICE PROVIDER’S OBLIGATIONS 9.01 Notice of Material Changes in Service Service Provider agrees to provide timely and reasonably detailed notice to the Department (based on circumstances present) of any material changes in Service of either a permanent or temporary nature. 9.02 Planned Outages The Service Provider, over the wireless network, shall send a popup, text message, or other type communication which informs the end customer of the anticipated outage including date, time, and duration. Contract No.: DMS 10/11-008C Page 15 of 25 9.03 Unforeseen Outages A notification mechanism shall send a notification to the Department communicating the wireless services may not be available in a generalized area with an estimated time for service restoration. 9.04 Department Test Accounts Service Provider shall furnish up to ten (10) voice and up to ten (10) data (including equipment, voice airtime, and data transmit) wireless devices for use by the Department as test accounts. The test accounts shall be used to perform evaluation testing for the life of the awarded contract. The test accounts and devices shall be furnished at no cost. 9.05 SUNCOM Client Testing and Evaluation Prior to making their initial order for Service, SUNCOM Clients shall be permitted to obtain wireless demonstration equipment, including airtime, for the purposes of testing and evaluation at no additional cost. 9.06 Security and Confidentiality A. The Service Provider shall comply fully with all security procedures, laws and regulations of the United States, State and the Department in performance of the Agreement. B. The Service Provider (and any person or entity obtaining information through Service Provider) shall not divulge to any third parties any confidential information obtained by Service Provider or its agents, subcontractors or employees in the course of performing the Services. Such confidential information shall include but not be limited to, End User phone numbers, usage records, location information and other forms of identification of End User, security procedures, business operations information, or commercial proprietary information of the State, the Department, a SUNCOM Client or an End User. The Service Provider shall not be required to keep confidential any information or material that is publicly available through no fault of Service Provider, material that Service Provider developed independently without relying on the State’s or SUNCOM Client’s confidential information, or material that is otherwise obtainable under State law as a public record. To ensure confidentiality, Service Provider shall take appropriate steps as to its personnel, agents, and subcontractors. The terms of this paragraph shall survive the termination of this Agreement. 9.07 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) Section 946.515(2), Florida Statutes, requires the following statement to be included in this Agreement: "It is expressly understood and agreed that any articles which are the subject of, or required to carry out, the Agreement shall be purchased from the corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in sections 946.515(2) and (4) of the Florida Statutes; and for purposes of the Agreement the person, firm, or other business entity carrying out the provisions of the Agreement shall be deemed to be substituted for the agency insofar as dealings with such corporation are concerned." Additional information about PRIDE and the products it offers is available at http://www.pridefl.com. 9.08 Products Available from the Blind or Other Handicapped. Section 413.036(3), Florida Statutes Section 413.036(3), Florida Statutes, requires the following statement to be included in this Agreement: "It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the Contract No.: DMS 10/11-008C Page 16 of 25 person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency are concerned." Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org. 9.09 E-Verify Employment Eligibility Verification Pursuant to State of Florida Executive Orders Nos.: 11-02 and 11-116, Contractor is required to utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment of all new employees hired by Contractor during the contract term. Also, Contractor shall include in related subcontracts a requirement that subcontractors performing work or providing services pursuant to the state contract utilize the E-Verify system to verify employment of all new employees hired by the subcontractor during the contract term. Contract 10.0 - ABUSIVE OR FRAUDULENT USE OF THE SERVICES 10.01 Fraud If Service Provider reasonably suspects that any Service is being abused or used for fraudulent purposes, Service Provider reserves the right to terminate such Service to the End User immediately. In those instances, the Department shall have no liability for abuse or fraudulent use charges incurred after Service Provider’s suspicion occurred. Service Provider shall use reasonable efforts during Business Hours to provide advance notice of termination of Service. 10.02 Minimize Abuse The Department agrees to (i) make good faith efforts to minimize abuse or fraudulent use, (ii) promptly report any suspected abuse or fraudulent use to Service Provider, and (iii) cooperate in any investigation or prosecution initiated by Service Provider. Service Provider may require the Department to cancel the right to use Service by any of its End Users or SUNCOM Clients abusing or fraudulently marketing or using Service. 10.03 Suspected Abuse or Fraudulent If Service Provider gives the Department notice of suspected abuse or fraudulent use prior to termination of Service, the Department shall be liable for all abuse or fraudulent charges, costs or damages incurred more than twenty-four (24) hours (or such shorter period as Service Provider specified) after Service Provider provides such notice, unless the Department has instructed Service Provider in writing to terminate Service within twenty-four (24) hours (or such shorter period as Service Provider specifies) of receiving Service Provider notice. 10.04 Fraudulent Use of Services If the Department at any time suspects that any Service may be, has been or is being used for abuse or fraudulent purposes, the Department shall be liable for all costs or charges incurred until four (4) Business Hours after the Department notifies Service Provider to terminate Service under Section 2.05. 10.05 Damages Resulting From Any Unauthorized Use Any charges, costs or damages resulting from any unauthorized use of Service that were not caused by the actions or inactions of the Department, or an End User shall be the liability of Service Provider. 10.06 Interrupt or Terminate Service Upon notice to Department, Service Provider may interrupt or terminate Service if Service Provider determines that the End User’s use of the Service infringes intellectual property rights. Contract No.: DMS 10/11-008C Page 17 of 25 Contract 11.0 - NO WARRANTIES SERVICE PROVIDER HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF ANY NATURE RELATING WHATSOEVER TO THE SERVICE, SOFTWARE OR ANY EQUIPMENT PROVIDED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. TO THE EXTENT SERVICE PROVIDER PROVIDES ACCESS TO INFORMATION PROVIDED BY OTHER SOURCES, SERVICE PROVIDER ACCEPTS NO LIABILITY FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONTENT THEREOF. Contract 12.0 - LIMITATIONS OF LIABILITY SERVICE PROVIDER’S LIABILITY FOR DAMAGES OR COSTS ARISING FROM ERRORS, OUTAGES, OR FAILURES OF SERVICE, LACK OF SECURITY IN USE OF SERVICE, OR DEFECTS OR MALFUNCTIONS OF THE FACILITIES, OCCURRING IN THE COURSE OF PERFORMING UNDER THIS AGREEMENT, REGARDLESS OF THE LEGAL BASIS FOR SUCH CLAIM, SHALL IN ANY EVENT BE LIMITED TO AN AMOUNT EQUAL TO THE PROPORTIONATE CHARGE TO THE DEPARTMENT FOR THE PERIOD OF SERVICE DURING WHICH SUCH ERRORS, OUTAGES, FAILURES, DEFECTS, OR MALFUNCTIONS OF EQUIPMENT OCCUR, SUBJECT TO THE ADDITIONAL LIMITATIONS BELOW. THE ABOVE LIMITATION DOES NOT INCLUDE ANY POTENTIAL LIABILITY FOR INTENTIONAL TORTS. NO PARTY SHALL BE LIABLE TO ANOTHER FOR SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST DATA OR RECORDS (EXCEPT TO THE EXTENT THE SERVICE PROVIDER IS REQUIRED TO BACK-UP DATA OR RECORDS), EVEN IF THE PARTY HAS BEEN ADVISED THAT SUCH DAMAGES ARE POSSIBLE. NO PARTY SHALL BE LIABLE FOR LOST PROFITS, LOST REVENUE, OR LOST INSTITUTIONAL OPERATING SAVINGS. THE DEPARTMENT ACKNOWLEDGES THAT SERVICE IS MADE AVAILABLE TO EQUIPMENT ONLY WHEN THE EQUIPMENT IS WITHIN OPERATING RANGE OF THE FACILITIES LOCATED WITHIN THE WIRELESS SYSTEM. SERVICE MAY BE TEMPORARILY REFUSED, INTERRUPTED OR LIMITED FOR MANY REASONS. INDIVIDUAL CONNECTIONS MAY BE “DROPPED” (I.E., INVOLUNTARILY DISCONNECTED) FOR A VARIETY OF REASONS AS WELL. SERVICE PROVIDER SHALL INCUR NO LIABILITY FOR ITS INABILITY TO PROVIDE ADEQUATE SERVICES HEREUNDER IF SUCH INABILITY IS DUE TO THE LACK OF NETWORK COVERAGE, NETWORK CAPACITY, OR TO CAUSES BEYOND THE SERVICE PROVIDER’S REASONABLE CONTROL. NOR SHALL SERVICE PROVIDER BE RESPONSIBLE FOR ANY ACT OR OMISSION RELATED TO THIRD PARTY EQUIPMENT OR SYSTEMS USED IN CONNECTION WITH THE SERVICE. WIRELESS SYSTEMS USE RADIO CHANNELS TO TRANSMIT VOICE AND DATA COMMUNICATIONS OVER A COMPLEX NETWORK, AND PRIVACY CANNOT BE Contract No.: DMS 10/11-008C Page 18 of 25 GUARANTEED. SO LONG AS THE SERVICE PROVIDER HAS TAKEN REASONABLE PRECAUTIONS AND COMPLIED WITH THE TERMS OF THIS AGREEMENT, THE DEPARTMENT AGREES THAT SERVICE PROVIDER SHALL NOT BE LIABLE TO THE DEPARTMENT OR TO END USERS FOR ANY SUCH LACK OF PRIVACY. FOR ALL CLAIMS AGAINST SERVICE PROVIDER RELATING TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, AND REGARDLESS OF THE BASIS ON WHICH THE CLAIMS ARE MADE, THE SERVICE PROVIDER’S LIABILITY FOR DIRECT DAMAGES SHALL BE LIMITED TO $1,000,000. THESE LIMITATIONS SHALL NOT APPLY TO CLAIMS ARISING UNDER THE INDEMNIFICATION PROVISIONS IN THIS AGREEMENT, OR UNDER SECTIONS 15.10 (COMPLIANCE WITH LAWS) OR 15.11 (E-RATE) OF THIS AGREEMENT. Contract 13.0 - INDEMNIFICATION 13.01 Indemnification Service Provider shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State, the Department, the SUNCOM Clients and the End Users, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or relating to the a breach of this Agreement by Service Provider. However, the foregoing shall not apply for that portion of any loss or damages proximately caused by the negligent act or omission of the State, the Department, a SUNCOM Client or an End User. 13.02 Conditions to Indemnification Service Provider’s obligations under the preceding paragraph with respect to any legal action are contingent upon the party seeking indemnification giving Service Provider (i) written notice of any action or threatened action, (ii) the opportunity to take over and settle or defend any such action at Service Provider’s sole expense, and (iii) reasonable assistance in defending the action at Service Provider’s sole expense. Service Provider shall not be liable for any settlement or compromise made by the State, the Department, a SUNCOM Client or any End User in any legal action without Service Provider’s prior written consent, which shall not be unreasonably withheld. Contract 14.0 - DISPUTES Any dispute concerning performance of the Agreement, except for billing disputes, shall be decided by the Department’s Contract Manager, who shall reduce the decision to writing and serve a copy on Service Provider. The decision shall be final and conclusive unless within twenty one (21) days from the date of receipt, Service Provider files with the Department a petition for administrative hearing. The Department’s decision on the petition shall be final, subject to Service Provider’s right to review pursuant to Chapter 120 of the Florida Statutes. Exhaustion of administrative remedies is an absolute condition precedent to Service Provider's ability to pursue any other form of dispute resolution; provided, however, that the parties may employ the alternative dispute resolution procedures outlined in Chapter 120. Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates to the Agreement shall be the appropriate State court in Leon County, Florida. In any such action, Florida law shall apply and the parties waive any right to jury trial. Contract No.: DMS 10/11-008C Page 19 of 25 Contract 15.0 – MISCELLANEOUS 15.01 Scrutinized Companies Lists In executing this contract, Service Provider certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473, Florida Statutes. Pursuant to section 287.135(5), Florida Statutes, Service Provider agrees the Department may immediately terminate this contract for cause if the Service Provider is found to have submitted a false certification or if Service Provider is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List during the term of the contract. 15.02 Annual Appropriations The State’s performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. 15.03 Waiver The delay or failure by either party to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of that party’s right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 15.04 Public Records The Department may terminate this Agreement if Service Provider refuses to allow public access to all documents, papers, letters, or other material made or received by Service Provider in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 15.05 Contractual Obligations Neither party is authorized to act as an agent for, or legal representative of, the other party, nor shall either party have authority to assume or create any obligation on behalf of, in the name of, or that shall be binding upon, the other party. 15.06 No Subcontracting The Service Provider may not subcontract any of the Services without the Department’s prior written consent. The Service Provider shall not be released of its contractual obligation to the Department because of any subcontract. 15.07 Notices Except as otherwise provided in this Agreement, all notices required or permitted to be given hereunder shall be in writing and shall be delivered (a) personally; (b) by certified mail, return receipt requested; (c) by an overnight courier service having a record of receipt; or (d) by facsimile, with a confirming copy sent by one of the other three methods described in this sentence. Notices shall be addressed as follows: (a) If to Department, notice shall be sent to the Contract Administrator and the Contract Manager (see Section 6.05 above). If to Service Provider: Contract No.: DMS 10/11-008C Page 20 of 25 Verizon Wireless Attention: Legal and External Affairs Department One Verizon Way, VC52S401 Basking Ridge, NJ 07920-1097 with a copy to: Verizon Wireless Attention: Area General Counsel One Verizon Place Alpharetta, GA 30004 Any party hereto may change its address by a notice given to the other party hereto in the manner set forth above. All notices shall be effective on receipt. 15.08 Force Majeure The Contractor shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor’s control, or for any of the foregoing that affect subcontractors or Contractors if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor shall notify the Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against the Customer. The Contractor shall not be entitled to an increase in the Contract price or payment of any kind from the Customer for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor shall perform at no increased cost, unless the Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State or to Customers, in which case the Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to products subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the products that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. 15.09 Ethical Responsibilities Each party shall be governed in all its dealings with respect to this Agreement by the highest standards of honesty, integrity, and fair dealing. Notwithstanding, the Department shall meet the requirements of Chapter 112, Florida Statutes where applicable. 15.10 Compliance With Laws Service Provider and the Department shall at all times comply in all material respects with all laws, rules, codes, ordinances, and licensing requirements and regulations applicable to the performance of this Agreement and the conduct of their business, including those of federal, State, and local agencies Contract No.: DMS 10/11-008C Page 21 of 25 having jurisdiction and authority. By way of non-exhaustive example, Chapter 287, Florida Statutes, and Chapters 60A-1 and 60FF, Florida Administrative Code, governs the Agreement. By way of further non-exhaustive example, Service Provider shall comply with Section 247A(e) of the Immigration and Nationalization Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status. Violation of such laws shall be grounds for Agreement termination. For additional information regarding SUNCOM rules and statutes, please reference the following link: http://dms.myflorida.com/suncom/suncom_customer_resources/rules_and_statutes 15.11 E-Rate The Schools and Libraries Program of the federal Universal Service Fund, commonly known as "E-Rate," is administered by the Universal Service Administrative Company (USAC), through its Schools and Libraries Division (SLD), under the direction of the Federal Communications Commission (FCC). The program provides discounts to assist most schools and libraries in the United States to obtain affordable eligible telecommunications, Internet access, and internal connections. SUNCOM Clients who have applied for E-Rate funding for eligible services and equipment from Service Provider are referred to herein as “E-Rate SUNCOM Clients.” Service Provider must have obtained or applied to obtain a Service Provider Identification Number (SPIN) from USAC prior to execution of the Agreement and shall provide relevant SPIN(s) to the Department. Service Provider also is required to submit a Service Provider Annual Certification (SPAC) (Form 473) to USAC each funding year to certify that it will comply with E-Rate rules and regulations. Service Provider shall maintain eligibility as an E-Rate service provider and shall avoid being placed on Red Light status by the FCC for the duration of the Agreement. During the term of the Agreement, Service Provider shall be required to take all appropriate action to provide services in compliance with the terms and conditions of the Agreement and E-Rate rules and regulations. If Service Provider becomes ineligible as an E-Rate service provider during the term of the Agreement or becomes unwilling or unable to provide E-Rate eligible services in compliance with the Agreement and E-Rate rules and regulations, the Department and its E-Rate SUNCOM Clients shall change service providers and, if applicable, seek substitute services in accordance with applicable E-Rate rules and procedures. If during the term of the Agreement, due to circumstances within Service Provider’s control, Service Provider becomes ineligible as an E-Rate service provider, becomes unwilling or unable to provide E-Rate eligible services in compliance with E-Rate rules and regulations or the Agreement, or violates E-Rate rules and regulations in a way that causes USAC to deny E-Rate SUNCOM Clients funding in whole or in part, the following shall apply: A. Service Provider shall be liable for the actual direct damages incurred by the Department and any affected E-Rate SUNCOM Clients that have complied with the applicable E-Rate rules and regulations. 1. In the event that the Department and its E-Rate SUNCOM Clients change service providers and seek substitute services pursuant to the above paragraph, direct damages shall include but not be limited to any amounts paid to the substituted service provider above Service Provider’s price under this Agreement. In the event the Department or such E-Rate SUNCOM Clients are unable to obtain USAC approval to change to the new provider as a provider under E-Rate rules and such USAC denial is a result of Service Provider’s intentional acts, gross negligence, or willful misconduct, Service Provider will also be liable for the amount of E-Rate funding forfeited as a result. Contract No.: DMS 10/11-008C Page 22 of 25 2. Service Provider shall continue to provide the affected services to the Department and any affected E-Rate SUNCOM Clients until such time as the Department and any affected E-Rate SUNCOM Clients obtain services from a new service provider as set forth above (Transition Period). If the Department or E-Rate SUNCOM Clients are unable to obtain E-Rate funding for the Service Provider services for the Transition Period as a result of Service Provider’s intentional acts, gross negligence, or willful misconduct, the Department and E-Rate SUNCOM Clients will not be responsible to pay Service Provider for the amounts left unfunded by E-Rate for that Transition Period. 3. If Service Provider violation of the E-Rate rules and regulations is a reason for E-Rate SUNCOM Clients’ loss or forfeiture of E-Rate funding, in whole or in part, the value of the lost funding associated with Service Provider violation will be considered direct damage under this subparagraph A.. In no event shall Service Provider be liable for direct damages as set forth in 1. or 3. above or be required to perform as set forth in 2. above, beyond the last day of the E-Rate funding year in which Service Provider becomes ineligible as a provider under E-Rate, becomes unwilling or unable to provide E-Rate eligible services in compliance with E-Rate rules and regulations or the Agreement, or violates E-Rate rules and regulations in a way that causes USAC to deny E-Rate SUNCOM Clients funding in whole or in part. In addition, for purposes of clarification and to avoid confusion, the Department will not hold Service Provider responsible and Service Provider will not be liable pursuant to subparagraph A. above, if Service Provider becomes ineligible as an E-Rate provider during the term of the Agreement, becomes unwilling or unable to provide E-Rate eligible services in compliance with E-Rate rules and regulations or the Agreement, or violates E-Rate rules and regulations in a way that causes USAC to deny E-Rate SUNCOM Clients funding in whole or in part, due to circumstances that are determined to be beyond Service Provider’s control. In recognition of the lead time required to apply for E-Rate funding, existing E-Rate clients shall be entitled to continue utilizing the previous agreements as incorporated into this Agreement as Exhibit 6, currently in effect between the State of Florida and Service Provider until the end of the 2012-2013 E-Rate funding year, in the event the parties mutually agree that E-Rate funding is determined by the parties to be in jeopardy. B. Invoicing. The Department acknowledges that it has posted an E-Rate Form 470 in connection with the procurement, which is a prerequisite to E-Rate eligible entities utilizing the Agreement awarded as a result of the procurement as the basis of E-Rate funding applications. Additionally, the Department acknowledges that some SUNCOM Clients may be eligible and apply for discounts under E-Rate. Both Service Provider and the Department agree that: 1. E-Rate has specific rules and regulations regarding the manner in which USAC and SLD approve funding requests, are presented billing and conducts audits in connections with funding under the E-Rate program; and 2. In order to ensure that the billing mechanisms and processes established pursuant to this Agreement with respect to the applications of SUNCOM Clients for discounts under the E-Rate program are in compliance with the E-Rate program requirements and Contract No.: DMS 10/11-008C Page 23 of 25 regulations, the duties and responsibilities of each party are set forth in Section 5.07.06 (Invoicing) of Exhibit 2 – Business Process and Operation. 15.12 Advertising Subject to Chapter 119, Florida Statutes, Service Provider shall not publicly disseminate any information concerning the Agreement without prior written approval from the Department, including, but not limited to mentioning the Agreement in a press release or other promotional material, identifying the Department or the State as a reference, or otherwise linking Service Provider’s name and either a description of the Agreement or the name of the State, the Department or any SUNCOM Client in any material published, either in print or electronically, to any entity that is not a party to Agreement, except potential or actual authorized distributors, dealers, resellers, or service representative. 15.13 Assignment No rights or obligations hereunder shall be assigned or delegated, in whole or in part, by either party to any other person, firm, corporation, or other entity without the other party’s prior written consent, which consent will not be unreasonably withheld. Notwithstanding the foregoing, Service Provider may assign this Agreement to an entity to whom the outstanding common stock or substantially all the assets of Service Provider are transferred after first receiving FCC and other necessary governmental approvals. For purposes of this provision, any change in the ultimate control of a party, by stock sale, merger, consolidation, or any other means, shall constitute an assignment subject to the consent requirements hereof. 15.14 Employees, Subcontractors, and Agents All Service Provider employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Service Provider shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Agreement must comply with all security and administrative requirements of the Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. As required by law, the State may conduct, and Service Provider shall not impede, a security background check or otherwise assess any employee, subcontractor, or agent furnished by Service Provider. The State may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with a Department’s security or other requirements. Such approval shall not relieve Service Provider of its obligation to perform all work in compliance with the Agreement. The State may reject and bar from any facility for cause any of Service Provider’s employees, subcontractors, or agents. 15.15 Governmental Restrictions If Service Provider believes that any governmental restrictions have been imposed that require alteration of the material, quality, workmanship or performance of the products offered under the Agreement, Service Provider shall immediately notify the Department in writing, indicating the specific restriction. The Department reserves the right and the complete discretion to accept any such alteration or to cancel the Agreement at no further expense to the Department. 15.16 Lobbying and Integrity The Service Provider shall not, in connection with this or any other agreement with the State, directly or indirectly (i) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee’s decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (ii) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For purposes of clause (ii), “gratuity” means any payment of more than nominal monetary value in the form of cash, travel, Contract No.: DMS 10/11-008C Page 24 of 25 entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of the Department’s Inspector General, or other authorized State official, Service Provider shall provide any type of information the Inspector General deems relevant to Service Provider’s integrity or responsibility. Such information may include, but shall not be limited to, Service Provider’s business or financial records, documents, or files of any type or form that refer to or relate to the Agreement. The Service Provider shall retain such records for the longer of (i) three years after the expiration of the Agreement or (ii) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dlis.dos.state.fl.us/barm/genschedules/gensched.htm). The Service Provider agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of Service Provider’s compliance with the terms of this or any other agreement between Service Provider and the State which results in the suspension or debarment of Service Provider. Such costs shall include, but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Service Provider shall not be responsible for any costs of investigations that do not result in Service Provider’s suspension or debarment. 15.17 Warranty of Ability to Perform The Service Provider warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish Service Provider’s ability to satisfy its obligations hereunder. The Service Provider warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to Section 287.133, Florida Statutes, or on any similar list maintained by any other state or the federal government. The Service Provider shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Agreement. 15.18 Modification of Terms The Agreement contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Department and Service Provider. The Agreement may only be modified or amended upon mutual written agreement of the Department and Service Provider. No oral agreements or representations shall be valid or binding upon the Department or Service Provider. No alteration or modification of the Agreement terms, including substitution of product, shall be valid or binding against the Department. The Service Provider may not unilaterally modify the terms of the Agreement by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, “shrink wrap” terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto Service Provider’s order or fiscal forms or other documents forwarded by Service Provider for payment. The Department's acceptance of product or processing of documentation on forms furnished by Service Provider for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. If a SUNCOM Client or the Department previously entered into a written agreement for the purchase of any Service from Service Provider, the provisions of such earlier agreement shall be subject to the terms for transition as set forth in Exhibit 2 – Business Process and Operations and no early cancellation fees shall apply. 15.19 *FHP and Associated or Similar Number Service Provider will allow the Department, SUNCOM Clients, and its End Users in Florida to dial *FHP and other associated or similar numbers at no additional charge. Contract No.: DMS 10/11-008C Exhibit 1 Page 1 of 34 EXHIBIT 1 – TECHNICAL REQUIREMENTS Contract No.: DMS 10/11-008C Exhibit 1 Page 2 of 34 Exhibit 1.0 Verizon MCS Technical Requirements Contents EXHIBIT 1.0 VERIZON MCS TECHNICAL REQUIREMENTS ................................................................................ 1 1.01 VOICE SERVICES ................................................................................................................................................ 3 1.02 CELLULAR WIRELESS DATA SERVICES OVERVIEW ..................................................................................................... 3 1.03 TRANSMITTED DATA SECURITY ............................................................................................................................. 5 1.04 CLOSED USER GROUP ......................................................................................................................................... 6 1.05 STATE PROVIDED IP ADDRESSES (PUBLIC AND PRIVATE) ............................................................................................. 7 1.05.1 Wireless Device IP Routing Scheme with State Provided IP Addresses (Public or Private) .................. 7 1.06 SERVICE PROVIDER FURNISHED PUBLICALLY ROUTABLE IP ADDRESS SPACE .................................................................. 8 1.06.1 Wireless Device IP Routing Scheme with Service Provider Furnished IP Addresses (Public) ................ 8 1.07 ENTITY SPECIFIC CIRCUIT; WIRELESS DEVICE ROUTING AND IP ADDRESS SCHEME. ......................................................... 9 1.08 SERVICE PROVIDER PRIMARY (ACTIVE) NNI IPSEC VPN APPLIANCE ......................................................................... 10 1.08.1 Service Provider Secondary (Standby) NNI IPSec VPN Appliance ...................................................... 11 1.09 WIRELESS CELLULAR ROUTER OR WWAN CELLULAR MODEM ................................................................................. 12 1.10 EMERGENCY OPERATIONS ................................................................................................................................. 12 1.11 ADDITIONAL SECURITY FEATURES ....................................................................................................................... 13 1.12 GRADE OF SERVICE .......................................................................................................................................... 14 1.13 WIRELESS DATA USER AUTHENTICATION ............................................................................................................. 15 1.14 WIRELESS DATA USER ACTIVITY LOGGING ............................................................................................................ 16 1.15 TEXT MESSAGE BROADCAST SERVICES ................................................................................................................. 16 1.16 MESSAGING LOGGING SERVICE .......................................................................................................................... 17 1.17 GEOGRAPHICAL DEVICE TRACKING SERVICE .......................................................................................................... 18 1.18 WIRELESS DEVICE APPS‐STORE .......................................................................................................................... 22 1.19 COVERAGE MAPS (VOICE AND DATA WEB GUI) ................................................................................................... 23 1.20 ROAMING ...................................................................................................................................................... 24 1.21 NETWORK NEUTRALITY .................................................................................................................................... 25 1.22 PRIORITY CONNECT SERVICES ............................................................................................................................ 26 1.23 TEST PLAN (APPLICABLE TO WIRELESS DATA COMPONENT) ....................................................................................... 27 1.24 DATA MONITORING TOOL SUITE ........................................................................................................................ 27 1.25 VOICE MONITORING TOOL SUITE ....................................................................................................................... 28 1.26 VOICE HANDHELD DEVICES ............................................................................................................................... 29 1.26.1 Minimum Requirements .................................................................................................................... 29 1.27 DATA TRANSMIT DEVICES ................................................................................................................................. 29 1.28 TEXT MESSAGING‐ONLY DEVICES ....................................................................................................................... 30 1.29 HELPDESK ...................................................................................................................................................... 30 1.30 NETWORK TROUBLE REPORTING. ....................................................................................................................... 32 1.31 DEPARTMENT TEST ACCOUNTS. ......................................................................................................................... 33 1.32 SUNCOM CLIENT TESTING AND EVALUATION. ..................................................................................................... 33 1.33 WEEKLY CONFERENCE CALLS. ............................................................................................................................ 33 1.34 OPERATIONAL AND USER GUIDE ........................................................................................................................ 33 1.35 ESCALATION REQUIREMENTS ............................................................................................................................. 33 1.36 PLANNED WIRELESS SERVICE MAINTENANCE NOTIFICATION .................................................................................... 34 1.37 UNPLANNED WIRELESS MAINTENANCE NOTIFICATION ........................................................................................... 34 1.38 UNPLANNED WIRELESS SERVICE OUTAGE NOTIFICATION ........................................................................................ 34 1.39 HARDWARE SHIPMENT ..................................................................................................................................... 34 1.40 EXISTING WIRELESS DATA CUSTOMER MIGRATION ................................................................................................ 34 Contract No.: DMS 10/11-008C Exhibit 1 Page 3 of 34 1.01 Voice Services The Wireless Voice Service shall use digital technology as the primary communication mode. The grade of service with respect to circuit quality, reliability, security, call completion, and time of access shall be equal to or exceed that provided to other commercial subscribers within the wireless voice services system’s published service area. The service shall include: (a.) Unrestricted full duplex mobile-to-mobile and mobile-to-landline (PSTN) communications; (b.) Half-duplex push-to-talk (PTT) communications, optional; (c.) Florida, Statewide roaming at no charge; (d.) Nationwide calling (no domestic long distance); (e.) No answer/busy transfer to voicemail; call forwarding; call waiting; and three-way calling; (f.) Voice mail; (g.) Caller ID and caller ID block; (h.) Messaging (MMS and SMS text messaging). By default, international calling shall be disabled, hence DMS shall not be charged for any incurred international charges unless DMS issues an order to enable international calling. International calling is available when Verizon IDIAL is enabled on the account. By default IDIAL shall not be enabled, and must be enable via the DMS electronic service order. Blocking calls to and from the continental U.S. only is permissible if IDIAL is not present on the account; calls are limited to US and Canada. Currently, Canada roaming is not disabled by default. Nationwide Calling Plans are toll free nationwide. No blocking is available to Canada or for premium calls such as 411. Toll charges may apply. Incoming calls can originate anywhere in the world. 1.02 Cellular Wireless Data Services Overview The Wireless Data Service component shall provide non-proprietary wireless TCP/IP data communications terminating on the MyFloridaNet (MFN). Closed user groups shall be created and maintained by the Service Provider within their network designed in such a manner to isolate closed user group’s member IP traffic from all other IP traffic. The end-user’s wireless data transmission device shall be provisioned to continuously operate within the appropriate closed user group by the Service Provider’s mechanism. The Service Provider shall provide redundancy (auto-failover) between the MFN primary Network-to-Network Interface (NNI) node (Orlando, Florida) and the MFN secondary NNI node (Jacksonville, Florida). The Service Provider NNI network devices (i.e. IPSec VPN appliances etc.) shall be configured, by the Service Provider, to monitor IP network connectivity between the Service Provider and the MFN facility. In the event of an IP connectivity failure at the Service Provider’s primary site and the applicable MFN node facility, the Service Provider’s network shall auto-failover to their secondary facility and start routing end-user wireless data traffic to the applicable MFN node facility within five-hundred (500) seconds measured from the failure occurrence time. Contract No.: DMS 10/11-008C Exhibit 1 Page 4 of 34 Closed user group IP traffic shall be routed to the MFN via the Internet utilizing IPSec tunnels in cooperation with DMS and the MFN contractor. The Service Provider shall configure a unique IPSec tunnel for each closed user group’s IP traffic as specified by DMS. The closed user group naming convention (or network identifier) shall be mutually agreed upon by DMS and the Service Provider. Each closed user group’s network identifier shall correlate to a unique IPSec tunnel. DMS shall provide the MFN IPSec tunnel termination IP addresses, IPSec pre-shared authentication keys, and tunnel configuration parameters for each IPSec tunnel. All communications regarding IP addresses, IPSec authentication keys, and tunnel configuration parameters shall be conducted in a mutually agreed upon secure manner. At no time shall this type information be transmitted in clear text across any non-secured (public) IP network. The Service Provider shall configure each unique IPSec tunnel to terminate on the primary MFN IPSec appliance and also configure the tunnel to failover to the MFN secondary IPSec appliance. The state shall provide two unique publically routable IP addresses for each closed user group’s IPSec tunnel (primary and secondary failover) (i.e. one to be used to terminate the tunnel on the MFN primary appliance and the other to be used for the MFN secondary appliance failover tunnel termination). DMS shall require the Service Provider furnish (at minimum) two publically routable IP addresses for the Service Provider’s NNI IPSec appliances (one IP address for the primary and one IP address for the secondary). Each wireless data transmission device that traverses the IPSec NNI shall have a state provided IP address configured within the wireless connectivity modem or device (smartphone, handheld computer, laptop, etc). Using the provided IP address, the Service Provider shall statically or Contract No.: DMS 10/11-008C Exhibit 1 Page 5 of 34 dynamically assign each device contained within a unique closed user group a permanently associated IP address. The Service Provider shall accommodate both public and private IP address space furnished by DMS. Each unique closed user group shall be configured within the Service Provider’s IP network to utilize the applicable IP addresses as provided. At the MFN ingress point, each unique closed user group’s IP traffic shall be logically mapped into the appropriate MFN MPLS VRF by the MFN contractor at the direction of DMS. Creations and/or modifications (adds, moves, or changes) within a closed user group’s configuration shall not be made unless directed by DMS via the electronic service order process. The Service Provider shall also adhere to the terms and provisions as set forth in Chapters 60FF-1, 60FF-2 and 60FF-3, Florida Administrative Code while delivering/providing the Services under this contract. (See https://www.flrules.org/gateway/Organization.asp?OrgNo=60ff). Verizon shall create and maintain closed user groups. The closed user shall be designed and configured so to isolate one closed user group’s IP traffic from all other. Each closed user group shall correlate to one unique NNI IPSec tunnel in such a manner, the tunnel traffic can be mapped into the appropriate MyFloridaNet MPLS VRF associated with the closed user group by the MFN Service Provider. Verizon Wireless Private Network shall enable DMS to use the state existing MFN network routing schemes and network protocols to manage the state wireless devices via a secure link between the wireless environment and agency local area network (LAN). The inherent strengths of the security protocols embedded in CDMA technology secure shall secure state IP traffic on the Verizon network. 1.03 Transmitted Data Security All transmit data shall be secured between the wireless transmission end-user device and Service Provider’s transmission antenna/tower (i.e. the air link) (see illustration below). Encryption across the air link is not required as long as the transmission scheme or algorithm secures the data equivalent to IPSec 56-bit encryption strength. No wireless communication transmission shall be permitted under this contract that does not meet this minimum data transmission security requirement. Contract No.: DMS 10/11-008C Exhibit 1 Page 6 of 34 1.04 Closed user Group Applicable to all customers routed to MFN via the IPSec NNI or utilizing an “Entity Specific Circuit***(see below)” , it is required that all end-user IP traffic be segregated into individual closed user groups while within the Service Provider’s wireless and routed IP network. Each closed user group’s IP traffic shall not be IP accessible to other user groups within the Service Provider’s wireless and IP networks. DMS considers a virtual circuit, VLANs, or MPLS VRFs acceptable closed user group configurations; however, other isolation schemes are acceptable as long as the scheme provides equivalent isolation as referenced above. Each end-user’s device shall be placed in the appropriate closed user group, by the Service Provider. The issued DMS electronic service order shall specify the closed user group a particular user shall be placed within. As required, DMS and/or the customer (SUNCOM Eligible User) shall be allowed to have multiple segregated closed user groups configured within the Service Provider’s network. *** In this instance an “Entity Specific Circuit” is defined as a dedicated data transport circuit connected between the customer’s and Service Provider’s IP networks. At all points between the mobile device and the Service Provider’s NNI IPSec appliance the end- user’s IP traffic shall be isolated from all other IP traffic within the Service Provider’s network. There shall be no “backdoor” or alternate paths into (or out of) this isolated environment which could allow access from any other entity or mobile device. Unless otherwise directed by DMS, there shall be no IP communications permitted between closed user groups within the Service Provider’s network. Verizon Wireless will use VRF isolation to isolate closed user Groups and handoff traffic to the IPSec tunnels provisioned across the Internet. The Verizon Wireless Private Network offering is built around isolating the SUNCOM Client IP traffic from all other Private Network and Consumer traffic. At all points between the mobile device and the MFN network the SUNCOM Client IP traffic is encapsulated in a tunnel, isolated in a dedicated VLAN, VRF, PVC, etc. There are no “backdoor” or alternate paths into or out of this isolated environment which would allow access from any other entities or devices. It is a standard option to permit or deny traffic within and between different SUNCOM Closed user Groups. This can be done as granularly as needed such that Group A could be permitted to communicate with other Group A devices as well as Group B devices, whereas Group C could be blocked from talking to other Group C devices as well as Group A and Group B devices. Contract No.: DMS 10/11-008C Exhibit 1 Page 7 of 34 Verizon Wireless shall work with DMS to use the State’s existing network to provide the network solution described. 1.05 State Provided IP addresses (public and private) The state shall be allowed to use state or customer owned publically routable IP address space as well as private IP address space in accordance with RFC 1918 on the Service Provider’s network. It is understood by DMS and the Service Provider, the private IP address space allocated to the State of Florida by the Service Provider shall be mutually agreed upon by both parties. A mutually agreed upon private IP address allocation block assignment (or other agreed upon method) shall be accomplished within sixty (60) days from the contract execution date. Note: Not all RFC 1918 private IP address space is available for use on the MFN network. The DMS electronic service order shall provide the Service Provider with the IP address (or range of addresses) that shall be associated (or used) with a particular device or closed user group. Each state provided IP address shall be assigned by the Service Provider permanently to a unique (one) transmission device for the life of the service. The issued DMS electronic service order shall specify the necessary IP address space to accommodate the user (or users) assigned to a particular closed user group. DMS will transmit the specific IP address to use for each mobile device through the electronic order. The Service Provider shall assign the IP-address to each mobile-device and electronically update the DMS electronic service order system with the IP address assigned (as a check) before the order is closed-out. The DMS electronic service order system shall maintain a correlated record of each closed user group, the associated wireless devices, each device’s electronic identifier(s), and the correlated IP address assigned to each device within each user group. Static IP addressing is acceptable as long as the IP address is coded (hard or electronically) within the transmission device permanently. An IP address dynamically assigned to the transmission device is acceptable as long as the IP address remains persistent to that particular mobile device. The dynamic IP address assignment mechanism shall persistently assign the same IP address to the same mobile device from an IP address pool assigned to a particular closed user group. IP addresses shall remain as provisioned by the DMS electronic service order until a change is submitted by the DMS electronic service order to the Service Provider. Verizon shall allow DMS and/or the SUNCOM Client to provide the IP address subnet(s) which shall be assigned to their respective devices. The IP addresses may be private (following RFC 1918) or public if registered to DMS or the SUNCOM client in the ARIN database (Queried at http://whois.arin.net/ui). 1.05.1 Wireless Device IP Routing Scheme with State Provided IP Addresses (Public or Private) DMS shall provide the Service Provider the applicable IP address space required for each closed user group’s wireless users. The Service Provider shall route state agency and SUNCOM eligible customers (connected to MFN) wireless data traffic to MFN across the Internet utilizing the IPSec NNI tunnels (i.e. one unique IPSec tunnel per user group). Applicable Internet access shall be accomplished through MFN using this IP addressing and routing scheme. Note: Neither DMS nor the Service Provider shall facilitate Internet connectivity for customers that own public IP address space but require private IP address space to be used for their wireless data users. If private IP address space is utilized by the customer, Internet connectivity shall be Contract No.: DMS 10/11-008C Exhibit 1 Page 8 of 34 the responsibility of the customer using a customer controlled mechanism such as a NAT function, Internet proxy, or other customer controlled solution. All DMS/SUNCOM IP traffic shall be isolated throughout the Service Provider wireless and IP routed networks. DMS shall have and maintain control related to setting security policies on MFN access and its Intranet traffic as well as NNI IPSec tunnel configuration parameters. State Agencies and Non-State SUNCOM eligible entities connected to MFN shall use this method to access their network via MFN and the Internet. 1.06 Service Provider Furnished Publically Routable IP Address Space The Service Provider shall furnish publically routable IP address space for customers that require their end-user wireless data IP traffic to be routed directly to the Internet by the Service Provider. 1.06.1 Wireless Device IP Routing Scheme with Service Provider Furnished IP Addresses (Public) Available to Non-State SUNCOM eligible entities that are not connected to MFN, the customer (SUNCOM eligible entity) shall have the option of having their end-user wireless IP traffic routed directly to the Internet by the Service Provider. The Service Provider shall provide the appropriate publically routable IP address space as required to support this option. Contract No.: DMS 10/11-008C Exhibit 1 Page 9 of 34 The Service Provider shall provision and route all the end-users wireless data IP traffic directly to the Internet. This transport option shall facilitate encrypted VPN traffic for customers using a remote-access VPN concentrator to access their IP network, or facilitate Internet connectivity to web-servers or web-based applications. The Service Provider shall not be required to create closed user groups for customers that require the Service Provider to route their wireless end-users IP traffic directly to the Internet. Also under this option, the Service Provider shall not be required to persistently assign the same IP address to a unique wireless device. Applicable to State Agencies and Non-State SUNCOM eligible entities connected to MFN: Any state agency or SUNCOM eligible entity connected to MFN attempting to use this IP connectivity approach is required to obtain an approved “Exemption Request” from DMS. The Service Provider shall not permit IP connectivity as described above to any network without DMS involvement and approval. See exemption below. Exemption: SUNCOM eligible customers that are connected to MFN using a filtered extranet connection are exempt from this stipulation. The Service Provider shall notify DMS of any direct Internet routing provided using this exemption so that the direct Internet connectivity can be documented as a non-security issue or risk. 1.07 Entity Specific Circuit; Wireless Device Routing and IP address Scheme. In this instance an “Entity Specific Circuit” is defined as a dedicated data transport circuit connected between the customer’s and Service Provider’s IP networks. The customer (SUNCOM eligible entity) shall have the option to route their end-user wireless IP traffic directly to their network by the Service Provider via a dedicated transport circuit. The Service Provider shall provide the appropriate private IP address space as required, or shall allow the customer to provide the applicable IP address space (public) that shall be utilized by the Service Provider to address their wireless devices provided in the service order. The customer may use private IP address space provided by DMS which shall be in accordance with the private IP address allocation block mutually agreed upon (or other agreed upon method) by DMS and the Service Provider. Contract No.: DMS 10/11-008C Exhibit 1 Page 10 of 34 Applicable to Non-State SUNCOM eligible entities not connected to MFN: The Entity Specific Circuit’s associated cost shall be billed directly to the SUNCOM eligible entity by the circuit provider. Entity Specific Circuits are out of the scope of this contract and shall not involve DMS in the ordering, billing, provisioning, payment, network support, or other thereof. Applicable to State Agencies and Non-State SUNCOM eligible entities connected to MFN: Any state agency or SUNCOM eligible entity connected to MFN attempting to use this IP connectivity approach is required to obtain an approved “Exemption Request” to use a filtered MFN extranet connection from DMS terminating at the Tampa MFN facility. The Service Provider shall not permit IP connectivity as described above to any network without DMS involvement and approval. See exemption below. Exemption: SUNCOM eligible customers that are connected to MFN using a filtered extranet connection are exempt from this stipulation. The Service Provider shall notify DMS of any direct connection made using this exemption so that the connection can be documented as a non-security issue or risk. 1.08 Service Provider Primary (Active) NNI IPSEC VPN Appliance The Service Provider shall provide a primary (active) IPSec VPN appliance and Internet connectivity for that appliance at the Service Provider’s facility. The initial IPSec VPN appliance shall be upgraded if the encrypted throughput reaches eighty-percent (80%) of the IPSec appliance’s rated capacity or if the CPU utilization reaches eighty-percent (80%) of rated capacity or if the port throughput speed reaches eighty-percent (80%) of rated capacity. The available Internet bandwidth shall be increased by a minimum of twenty percent (20%) within ninety (90) days if the utilization reaches eighty-percent (80%) of capacity and maintained over any five minute period. DMS shall have “READ-ONLY” access to the primary NNI IPSec appliance including SNMP. The Service Provider shall permit the MFN network monitoring tools (Spirent & E-Health) access to monitor the IPSec appliance’s performance metrics. The primary (active) NNI IPSec VPN appliance hardware and software configurations shall be at all times identical to that of the secondary (standby) NNI IPSec VPN appliance. Contract No.: DMS 10/11-008C Exhibit 1 Page 11 of 34 The Service Provider’s IPSec appliances (both primary and secondary) shall support the following IPSec parameters: IPSec Parameters IKA (SA) Main Mode Encryption Strength 3DES Authentication Pre-Shared Key Diffie-Hellmans (D-H) Groups 2 or 5 (group-5 preferred) Perfect Forward Secrecy pfs Data Integrity Hash Algorithm SHA IPSec (SA) Quick Mode Security Association (SA) Lifetime 86,400 seconds (maximum) Authentication Type HMAC-SHA Security Association (SA) Lifetime 28,800 seconds (maximum) Simultaneous Active Tunnels 1000 (minimum) The Service Provider’s secondary (standby) IPSec VPN appliance shall at all times be configured to provide full failover for their primary IPSec VPN appliance so that IP connectivity to MFN is maintained in the event of a Service Provider’s primary failure. The Service Provider shall provision their primary and secondary VPN appliances to redirect all IPSec traffic to the MFN secondary VPN appliance in the event the MFN primary VPN appliance fails and vice versa. After the failure has cleared the Service Provider’s primary VPN appliance shall (over time) automatically reestablished the IPSec tunnels to the MFN primary appliance. Likewise, DMS shall provision the MFN primary and secondary VPN appliances to redirect all IPSec traffic to the Service Provider’s secondary VPN appliance in the event the Service Provider’s primary VPN appliance fails and vice versa. The BGP routing protocol (and other mutually agreed upon mechanisms) shall be used to monitor, trigger, and measure any failover event. DMS shall monitor the primary and secondary IPSec VPN appliances via an IPSec tunnel configured to permit SNMP to enable the monitoring tools. DMS shall deliver to the Service Provider the required IPSec tunnel configuration parameters for each closed user group’s IPSec NNI tunnel. The Service Provider shall adhere to the provided configuration parameters while provisioning their IPSec VPN appliances. Under normal circumstances all mobile data traffic will go through the Verizon Wireless primary EHA at Charlotte, NC to the MFN network. If the Primary EHA fails, all mobile data traffic will go through the secondary EHA at Nashville, TN to the MFN network. 1.08.1 Service Provider Secondary (Standby) NNI IPSec VPN Appliance The Service Provider’s secondary IPSec VPN appliance, the appliance’s available Internet bandwidth capacity, operational software image, and programmable configuration shall at all times be identical (or equivalent) to that of their primary IPSec VPN appliance. At all times the Contract No.: DMS 10/11-008C Exhibit 1 Page 12 of 34 secondary IPSec appliance shall be configured to provide full automatic failover for the Service Provider’s primary IPSec VPN appliance. Any failover event shall be achieved within five- hundred (500) seconds. DMS shall have “READ-ONLY” access to the Service Provider’s secondary NNI IPSec VPN appliance including SNMP. The Service Provider shall permit the MFN network monitoring tools (Spirent & E-Health) access to the VPN appliance to monitor its performance parameters. The Service Provider’s secondary NNI VPN IPSec appliance hardware platform and configuration shall be at all times identical (or equivalent) to that of their primary NNI IPSec VPN appliance. DMS shall monitor the Service Provider’s secondary IPSec appliance via an IPSec tunnel configured to permit SNMP to enable the monitoring tools. 1.09 Wireless Cellular Router or WWAN Cellular Modem The acronym “WCR” shall be used to denote the “Wireless Cellular Router or WWAN Router or WWAN Cellular Modem”. The Service Provider shall make available under the contract a WCR. The WCR shall be used by SUNCOM Clients as an alternative transport to MFN and for other transport applications. The WCR shall be used in redundancy, mission critical (emergency), disaster recovery, and MFN mobility applications as defined below but shall not be limited to those listed. The Service Provider shall denote the recommended number of simultaneous users that each offered WCR can support. The WCR shall conform to all requirements contained herein unless otherwise noted: a. Network / Transport Protocol TCP/IP, UDP/IP b. 1 Network port (IEEE 802.11b,g Compliant) c. WWAN Cellular Transmission Modem with Antenna d. DHCP support, NAT support, VPN pass-through, Access Control List (ACL) e. WCR Management Web GUI (HTTP) or CLI f. Power Supply g. Status Indicators- LINK, Link Activity, Power h. Switched 4 Ethernet LAN ports, (IEEE 802.11b,g Compliant) i. WI-FI transmission Radio-Ethernet (WI-FI Certified) with antenna j. Program user access features and authentication method k. Encryption Algorithm The Service Provider shall provide all applicable WCR software and firmware for each device offered under the contract. The Service Provider shall provide to DMS a link to the WCR manufacturer’s website where customers can download current software updates/releases, and software version release notes. As required, the Service Provider shall work with the customer and make a device recommendation based on a case-by-case analysis of the intended use of the device. All devices offered under the contract shall be certified (or tested) by the Service Provider to operate with the performance parameters claimed by the manufacturer on the Service Provider’s network. Any device that does not meet the manufacturer’s and/or the Service Provider’s performance claims shall not be offered under the contract. Verizon shall offer a dynamic selection of mobile and fixed end WWAN routers. 1.10 Emergency Operations The Service Provider shall upon notification from the State of Florida Emergency Operations Center (EOC), Emergency Support Function (2) (ESF-2), provide wireless phones, data modems, and service airtime during declarations via “Executive Order” (federal, state and local) disaster operations and disaster recovery. At no cost, the Service Provider shall deliver to ESF-2 the Contract No.: DMS 10/11-008C Exhibit 1 Page 13 of 34 specified quantity (up to 100) of activated wireless (voice and data) devices within 24 hours of receiving the ESF-2 request. Alternatively, the Service Provider shall use commercially reasonable efforts to deliver the devices to any accessible (officially ordered safe to enter) location within the Service Provider’s service area as directed by ESF-2. The airtime shall be provided at no charge for a period not to exceed thirty (30) days. On the thirty first day the Service Provider shall be allowed, at their discretion, to initiate billing on any active device accumulating airtime (not dormant). On the thirty first day, the Service Provider shall follow the ESF-2 procedures to recover their non-billable hardware. Verizon Wireless shall provide the State of Florida Emergency Operations Center, Emergency Support Function (2) (ESF-2) with up to one hundred (100) activated wireless devices or PC Cards (or any combination thereof consisting of 100 total devices) within 24 hours of receiving the ESF-2 request. Such devices or PC Cards will be chosen at the sole discretion of Verizon Wireless and may be refurbished. These devices shall be provided at no charge for monthly access and $0.00 per minute for a period of thirty days. On the thirty-first day, Verizon Wireless will initiate per minute billing of $0.052 for each device that is still active. Note: To take advantage of WPS on the Verizon Wireless network authorized national security and emergency preparedness users must first apply to the National Communication System (“NCS”) to receive this service by visiting the NCS’ website at http://wps.ncs.gov/. Once NCS confirms eligibility, the NCS will then notify Verizon Wireless that the official has been approved for WPS and that the service can be added to the user’s account (see section titled “Priority Connect Services” for more information). 1.11 Additional Security Features In addition to the security requirement listed herein, the Service Provider shall provide additional security features designed into their integrated solution which blocks unauthorized access into the State’s Intranet via the NNI and potential IP attacks. The additional security features shall be consistent with established DMS rules. All wireless data traffic is isolated throughout the Verizon Wireless network. Additionally, the core assets are security-hardened through both patching and close configuration management, and Verizon Wireless has careful operational controls to manage access among our internal staff. Because each connection or call is encoded with a unique PN sequence, multiple users can share a single frequency band or channel. Each connection or call is kept isolated from others via PN sequence codes. CDMA2000 uses different PN sequences or encoding types in the generation of both the uplink and downlink sides of each connection. There are over 4.4 trillion different PN code combinations, making it very difficult to intercept a specific connection’s PN sequence. These PN codes also change regularly to make code interception very difficult. As an added benefit, PN sequences allow for increased network access while increasing overall network security. To secure the Verizon network, Verizon Wireless has developed and implemented the security best practices, enabling the company to offer a secure wireless environment to access mobile enterprise applications and data. Verizon Wireless combines technology, access policies, and services to help ensure that its customers’ mobile workers have secure access to the data and applications they need, while minimizing outside security threats and possible attacks. Verizon’s 4G network, which will utilize Long Term Evolution (LTE) technology, LTE takes a layered approach to security. The strength in LTE access security is derived from:  Secure storage – a device with credentials and secure data for accessing services provided by the mobile network. Contract No.: DMS 10/11-008C Exhibit 1 Page 14 of 34  Mutual authentication – the network authenticates the user identity and the user equipment authenticates the network credentials.  Root key length – 128-bit keys double the key strength and translate to requiring a significantly greater “level of effort” in attacking the algorithm.  Security context – keys to encrypt signaling and user plane data are created for each data session.  Integrity protection – integrity protection is used to verify the signaling has not been modified over the radio access interface and that the origin of signaling data is the one claimed.  Airlink encryption – encryption is used to provide confidentiality, so that the user plane data or signaling cannot be overheard on the radio access interface. 1.12 Grade of Service The grade of the Wireless Data Service provided by the Service Provider with respect to circuit quality, reliability, security, modem connection setup, and layer-3 routing propagation time, at a minimum, shall be equal to or exceed that provided to other commercial subscribers within the Service Provider’s wireless data network. At Verizon Wireless we strive to operate our wireless network at optimal performance levels so that we can continue our record of providing the most reliable nationwide wireless network. We continually test and evaluate network performance, and when service anomalies are detected, we take immediate steps to resolve or remediate the situation. Our maintenance organization staff members are distributed in centers across the country and have areas of expertise and responsibility, such as microwave, switch, cellular radio, power. They are also cross-trained to handle a wide variety of system maintenance issues - all in an effort to maintain service reliability. Our success in these efforts is evidenced by the fact that fewer than 2 percent of the calls placed on Verizon Wireless’ network are dropped or fail to initially connect - even during the busiest hours of the day - as well as by our continual subscriber growth. Recognizing that reliable wireless service is critical to DMS, Verizon Wireless has established extensive preventive maintenance measures, network monitoring and system backup capabilities. These measures, coupled with our internal performance processes, enable us to provide our customers with levels of wireless service reliability that distinguish us from other national wireless carriers. Verizon Wireless is pleased to offer the National Network Service Level Agreement Reporting program. This program offers DMS the ability to receive monthly reports that illustrate our continued commitment to providing the nation’s most reliable network. All performance metrics, measured against applicable targets, are reported as “Pass/Fail”, with actual metrics reported for missed targets. All reported metrics are measured on a 24x7 basis, including periods of normal network maintenance, and reported nationally as a monthly average. Verizon shall provide DMS a monthly performance reports by the twentieth (20th) of each month which includes the following information: Voice:  Call Set Up Success: greater than or equal to 98.0%.  Lost Calls: less than or equal to 2.0%. 1X Data: Contract No.: DMS 10/11-008C Exhibit 1 Page 15 of 34  Session Set Up Success: greater than or equal to 98.0%.  Dropped Sessions: less than or equal to 2.0%.  Average User Data Rate (downlink): greater than or equal to 80 Kbps.  Average User Data Rate (uplink): greater than or equal to 80 Kbps.  Latency (roundtrip radio link): less than or equal to 400 milliseconds. EV-DO Data:  Session Set Up Success: greater than or equal to 98.0%.  Dropped Sessions: less than or equal to 2.0%.  Average User Data Rate (downlink): greater than or equal to 750 Kbps.  Average User Data Rate (uplink): greater than or equal to 500 Kbps.  Latency (roundtrip radio link): less than or equal to 150 milliseconds. Short Message Service (SMS):  Text Message Delivery: Delivery within 20 seconds, greater than or equal to 98.0% of the time. Cell Site Availability:  Availability greater than or equal to 99.9%. With the exception of SLAs listed within the SLA matrix contained within Exhibit 5, in no event shall the failure to meet the stated service goals contained in the National Network Service Level Agreement Reporting program subject Verizon Wireless to any penalties or damages of any kind. Note: The report(s) provided under this section contains Verizon Wireless confidential information and is/are protected by the Verizon agreed confidentiality terms and conditions. 1.13 Wireless Data User Authentication The Service Provider shall implement a wireless data end-user authentication process that shall associate the SUNCOM end-user to a particular wireless device. The IP address assigned to that device shall be persistent to that device for the contract life of the device or until changed by a DMS electronic service order. The Service Provider shall maintain physical, electronic, and procedural safeguards to protect the security of their internal systems as well as the MFN network. The Service Provider shall secure DMS/SUNCOM information by, employing strong user authentication technology to make certain that only authorized devices connect to the Service Provider’s wireless network and the MFN network. Also, the Service Provider shall implement internal and external security procedures to guard their networks and applications against unauthorized access. DMS shall be provided a copy of the Service Provider’s associated security procedures upon request. Verizon Wireless maintains physical, electronic and procedural safeguards to protect the security of the Verizon internal systems. Verizon Wireless secures state information on our network by:  Employing strong user authentication technology to make certain that only authorized devices connect to the Verizon Wireless network and systems.  Implementing internal and external security procedures to guard our networks and applications against unauthorized access. Contract No.: DMS 10/11-008C Exhibit 1 Page 16 of 34 1.14 Wireless Data User Activity Logging The Service Provider shall log and archive all user activity routed into MFN. The Service Provider shall include in the log file a unique line entry record for each individual connection a particular wireless data device makes to the cellular network. At a minimum, each line entry shall include the following parameters (in the shown order) for each connection event. (a.) The actual date and time of connection initiation, (b.) unique identifier assigned to the connection device, and if different the EID, billing identifier, or other, (c.) closed user group name (or other) the wireless user is assigned to, (d.) IP address assigned to the device for connected session, (e.) total uplink data amount (in bits) transmitted over the connected duration, (f.) total downlink data amount (in bits) received over the connected duration, (g.) duration time (in minutes) of the connected session, (h.) wireless device’s associated ten (10) digit phone number, (i.) account number associated with the transmit/receive wireless device, and (j.) other information as recommended by the Service Provider or requested by DMS if available from the Service Provider. The Service Provider shall capture the SUNCOM Client activity log file daily (each 24 hour period) starting (the next) and ending (the previous) capture at 12:00 a.m., simultaneously. Each capture of daily SUNCOM Client activity shall be available to DMS for a period of ninety (90) days. Upon specific request, the Service Provider shall provide the log file(s) to DMS within three (3) working days from the request date. Note: DMS prefers the log files be available via a web-server (or other) configured in such a way, DMS can download the log file(s) without requiring any assistance from the Service Provider. Each daily SUNCOM Client activity log file shall be formatted with a delimit character so that Microsoft® Excel can import each delimited parameter into a separate spreadsheet column without issue, then capable of being sorted by the column. Verizon Wireless shall meet this requirement by offering the Verizon Enterprise Center (VEC) portal which shall provide DMS with real time user data. Using the VEC DMS shall have the capability to monitor device usage and connection status, generate current and historical reports on device usage and provisioning, and set up notifications to be triggered when a specific event occurs or when a predefined threshold is exceeded. 1.15 Text Message Broadcast Services The text message broadcast service shall have a method (or mechanism) to broadcast messages (via cellular number) to single individuals or a defined group of recipients including cellular numbers not associated with the awarded contract. The service shall include broadcast message scheduling and auto-triggered broadcast messaging based on dates, an event, or other. The broadcast message once initiated shall be delivered to the recipient(s) within five (5) minutes. The broadcast service shall include a management web interface (or GUI) accessible to the agency to manage their broadcast recipients and broadcast message content. Service Utilization Example: FDOT is seeking an electronic text messaging mechanism to communicate information to their SunPass customers. They anticipate sending text messages such as individual account status information (e.g. low balance), road conditions, or emergency directions. The defined group of Contract No.: DMS 10/11-008C Exhibit 1 Page 17 of 34 cellular phone numbers receiving the broadcast will be made-up of SunPass customers who use the messaging service. The proposed text message broadcast system shall be, an enterprise solution, capable of supporting multiple agencies with each agency having the ability of define multiple unique broadcast recipients. Verizon Wireless Enterprise Messaging shall be offer by Verizon to meet this requirement. This product is designed for both large/small business and government agencies including public safety entities to deliver high volume text messages reliably to users on the Verizon network. Verizon Wireless has been working on broadcast SMS service for the WARN ACT. This service is strictly designed for sending out broadcast alerts for immanent life or property threats per WARN ACT. In addition, Verizon Wireless has developed the Verizon Development Center which allows developers/enterprise customers the ability to develop applications for SMS/MMS and Location services based on a simple network API structure known as the Network API Gateway. Verizon Wireless shall work with DMS to identify other viable products and services as they become available in the future. 1.16 Messaging Logging Service All messages (transmit/receive) shall be logged upon the end-user’s request (order submittal). The Service Provider shall capture a unique message log file daily (each 24 hour period) starting (the next) and ending (the previous) capture at 12:00 a.m., simultaneously. The Service Provider shall provide the previous month’s daily logging files to the end-user within the first ten (10) days of the month by electronic data transfer and electronic storage media (DVD, CD, etc.). It shall be required the logging files be available for a period of sixty (60) days via a web-server configured in such a way, the records can be downloaded without requiring any assistance from the Service Provider. The log file shall be formatted so that the files can be import into an electronic spreadsheet without issue and capable of being sorted by device identifier, user account number or other identifier as listed below. The log file shall include for each message (at a minimum) the listed identifiers. (a.) Minimum Identifiers, Content and Network: (b.) Handheld device identifiers; (c.) associated user account number; (d.) message send date/time; (e.) message receive date/time; (f.) message content, sent; (g.) message content, receive; (h.) wireless network identifier; (i.) other information as recommended by the Service Provider or requested by DMS if available from the Service Provider. The message log file shall have a unique line entry which contains the listed identifier fields separated by a delimit character such as a comma (,). Verizon Wireless offers Enterprise Message an alternative solution this requirement. This product with a Web based self service portal that customers can view and down load the message reports (logs) in various formats (text, CVS, Microsoft Excel). Verizon Enterprise Messaging has the ability to store up to 60 day detailed logs and up to 12 months traffic and status reports. Verizon Contract No.: DMS 10/11-008C Exhibit 1 Page 18 of 34 Wireless Enterprise Messaging is part of the Verizon network. Enterprise Messaging logs can only capture the messages flowing through Enterprise Messaging in/out to Verizon Wireless network. This may fulfill some of DMS’s requirements, but not all. Verizon Wireless shall work with DMS to identify specific needs. In addition, Verizon Wireless has developed the Verizon Development Center which allows developers/enterprise customers the ability to develop applications for SMS/MMS and Location services based on a simple network API structure known as the Network API Gateway. Enterprise Messaging Access Gateway (EMAG) Messaging Logging Fields Enterprise Messaging Logging Handheld device identifiers Yes Associated user account number Yes Message send date/time Yes Message receive date/time Yes Message content, sent Yes Message content, receive Yes Wireless network identifier Yes For SMS messaging, DMS shall waive (not require) items f and g (in the list above) until the Service Provider’s elects to enable that capability on their network. Short Message Service (SMS) Messaging Logging Fields SMS Logging Handheld device identifiers Yes Associated user account number Yes Message send date/time Yes Message receive date/time Yes Message content, sent No Message content, receive No Wireless network identifier Yes 1.17 Geographical Device Tracking Service The geographical device tracking service shall have a method (or mechanism) to track individual wireless devices within the State of Florida. The device’s location shall be tracked utilizing latitude and longitudinal (Lat-Long) coordinates. It is desired the device logging interval be a parameter controlled by the SUNCOM Client but if not possible; the Lat-Long coordinate shall be logged on a defined interval in minutes continuously during designated time periods. The logged information for each individual device shall be electronically stored and maintained by the Service Provider for a period of thirty (30) days. A daily record (electronic file) of all logged devices activity shall be provided to DMS via agreed upon electronic transfer protocol, daily and/or upon request. The geographical device tracking service shall include a management web interface (GUI) accessible to the SUNCOM Client that shows relevant devices’ general location in real-time. The web interface shall plot individual device day history locations, and real-time location on an electronic Florida road and county map. The mapping software shall be capable of filtering based on a defined group of devices or a single unit. Contract No.: DMS 10/11-008C Exhibit 1 Page 19 of 34 The Service Provider shall identify all devices in their product database that support the geographical tracking functionality noting the degree of accuracy for each. Any device not supporting geographical tracking functionality shall be noted on the Service Provider’s ordering interface (the tracking feature option shall be disabled for ordering purposes), and the Product Catalog submitted to DMS. The Service Provider shall not provide the SUNCOM Client with the option to activate geo-tracking services via the Service Provider’s ordering interface prior to DMS notifying the Service Provider the SUNCOM Client has established a geo-tracking billable account. Upon receipt of the DMS notification, the Service Provider shall activate the SUNCOM Client account to allow them to activate geo-tracking for the devices managed under the account. Once tracking has been activated, the Service Provider shall electronically notify the SUNCOM Client via the tracked device that device tracking has been enabled. The geo-tracking service shall permit SUNCOM Clients to activate (or deactivate) tracking of the subscriber supported device. It is desired that the subscriber shall be able to pick the start and stop times (e.g. starting at 7:00 AM and ending at 6:00 PM to track strictly during the business day) and the frequency of Geotracking sampling. The sample frequency options available to them for collecting the tracking data should include interval ranges of at least fifteen (15) minutes, thirty (30) minutes, one (1) hour, and once daily. The Service Provider shall send a real-time notification message to DMS every time the SUNCOM Client activates (or deactivates) geo-tracking on a device. The message will contain the: (a) SUNCOM Client’s account number. (b) User ID, name, and email address of the person making the change. (c) Choices made by the SUNCOM Client: 1. Device ID (phone number and data device identifier 2. Start-Stop times 3. Sampling frequency The Service Provider shall compile all of the location records collected in the previous 24 hours into one file and electronically transfer the file report to DMS daily. Each record will contain the following: (a) Device ID (phone number or data device identifier) (b) Twenty-four (24) location history with location (Lat-Long),date and time for each unique sample entry. As a part of the same transaction, the Service Provider will supply a summary showing how many records are included in the record file. DMS shall verify the number of records equals the summary and ask the Service Provider to resend the batch file or summary if a discrepancy is noted. If a discrepancy is found, DMS shall provide the Service Provider an exception report and shall not pay for records outside of what was requested (i.e. absent of proof and reconciliation). The regular monthly invoice from Service Provider shall include a charge for all of the tracking records supplied to DMS for the prior month. The tracking data supplied daily shall be used as the invoicing detail (substantiation of the invoice) thus the total charge shall equal the number of valid records (i.e. complete records within the parameters the customer requested) DMS tallied during the month. A compilation of the daily summary amounts is the quantity that shall appear on the vendor invoice. Contract No.: DMS 10/11-008C Exhibit 1 Page 20 of 34 A third-party solution is acceptable as long as the third party is accountable to the awarded Service Provider and the regular monthly invoice is from the awarded Service Provider and not from the third party vendor. A separate award shall not be made for the geographical device tracking service. Exception with clarification: Verizon Wireless has a suite of location based services for both asset tracking and personnel tracking. These solutions are extremely robust and provide real time tracking and logging. In addition, Verizon Wireless has developed the Verizon Development Center which allows developers/enterprise customers the ability to develop applications for SMS/MMS and Location services based on a simple network API structure known as the Network API Gateway. Field Force Manager is a comprehensive mobile resource management solution that enhances information and process flow between field workers and the office thereby increasing productivity and efficiency. It combines a handset application and a customer web portal that allows government customers to manage and monitor their mobile workforce from a centralized location. Field Force Manager uses Verizon Wireless’ Location Based Services platform and operates across the Verizon Wireless’ National Enhanced Coverage and Service Area. With Field Force Manager, you can track field workers in near real-time, analyze employee time, and dispatch remote workers wirelessly. Customer service requests can be sent quickly to the nearest team member in the field. Additionally, field workers can submit time as well as job data back to the business office, receive job assignments, and get turn-by-turn driving directions to new jobs right from their wireless device. Features  Location and Tracking. Uses rich, detailed mapping to show the location and location history of field workers; provides location information when users clock in and out; shows where they are when they accept and complete jobs; creates an audit trail to validate job information for customers; and generates turn-by-turn driving directions.  Electronic Timecards. Provides employees an automated way to capture their time, and gives employers the ability to export this information into many current payroll systems for processing and to analyze it.  Editable Timecards. Web portal users now have the ability to correct the date/time of timecard shifts and breaks for employees  Individual Worker Hours of Operation. Now instead of having the hours of operation apply to the whole company, you can set it for each individual worker or group of workers. Also control individual worker privacy features.  Dispatch. Provides an automated way to manage customer service requests, dispatch field personnel and track job progress in near real-time through completion.  Integration Web Services. The State can use our web service application programming interface (API) without additional fees. These APIs are used to take the information, such as timecard, location, job dispatch, as well as other data collected by the Field Force Manager application and integrate that information with current payroll, database or other back-end office system.  At-a-Glance Report. This report provides Web portal users all of the key performance metrics tracked by Field Force Manager. Contract No.: DMS 10/11-008C Exhibit 1 Page 21 of 34  Faster Delivery. Expedited delivery of job info, messages and locations to the handset. o Requires No Text block on account o Requires 3.0 client for feature phones/3.1 client for advanced devices New Field Force Manager 3.0 Enhances Web portal capabilities include:  Mapping enhancements including draggable maps, improved map zooming, and user- selectable map style  More worker actions shown on maps  Hierarchical group structure  Group-specific forms and locations  Work-zone configuration improvements. New Field Force Manager Client improvements include:  Picture capture into a Field Force Manager form (Field Force Premium only)  Spanish language menu option  Improved text-based driving directions (Field Force Manager Basic only) fastest, shortest, avoid freeways, etc.  Enhanced activation (zero button client activation, immediate GPS send upon client activation) Fleet AdministratorSM Verizon Wireless offers Fleet AdministratorSM, an automatic vehicle location (AVL) solution for managing a fleet of vehicles. It consists of a GPS-enabled vehicle tracking device, called the Qube, and a PC client application that accesses a hosted Fleet Administrator server via the Internet. Fleet Administrator is easy to deploy with minimal integration or customization and with known up-front cost. With Fleet Administrator, you can easily locate, monitor, and manage government fleet from a desktop computer. The solution provides users with real-time and historic reporting on all vehicles to help the State reduce operating costs, increase worker productivity, streamline processes, and improve customer satisfaction. Fleet Administrator allows for vehicle tracking, geofencing, 2-way communication to driver/operator, and integration with vehicle inputs via the 'ConEx Module' (this allows for diagnostics and sensor-related input to Fleet Administrator). Additionally, Fleet Administrator also offers an add-on module for navigation. Fleet Administrator provides:  Mapping - Increase productivity through real-time display of a vehicle’s location on graphical maps using Google Maps.  Vehicle Tracking and Status - Improve fleet efficiency by monitoring all vehicles’ locations and status.  Customer Sites - Monitor productivity of vehicles assigned to a particular area.  Activity Reports - Improve vehicle utilization by analyzing a driver’s or fleet’s activity through dynamic and flexible reporting. Available reports include: customer site, mileage, activity, stops, trips, over-speed, and idle. Contract No.: DMS 10/11-008C Exhibit 1 Page 22 of 34  Geofence (a defined geographic area) Monitoring - Custom define a driver’s territory. Reports can track travel inside the territory and provide reports and alerts for Geofence entries and exits.  Maintenance Module - Allows customizable scheduled vehicle maintenance based on miles, run hours or dates.  Enhanced Vehicle Grouping - Allows for multiple fleet viewing options.  Enhanced Alerts - Includes new real-time over-speed and idle alerts.  Over 30 different reports by vehicle and driver.  Scheduled reporting – Reports can be scheduled to run daily, weekly, monthly. Verizon Wireless shall work with DMS’s technical staff to assist implementing advanced geographical location services. 1.18 Wireless Device Apps-Store The Service Provider shall provide an Apps-Store for wireless handheld device applications. The Apps-Store shall have a web-based interface for wireless device applications development and functionality to disseminate applications to the mobile device. The Apps-Store shall be provisioned with a state accessible and public accessible partition with public access to the state partition restricted. The Apps-Store shall be a turn-key solution with all software, hardware, and data transport links provided and maintained by the Service Provider for the term of the Contract. The Enterprise Private Storefront shall allow for the following:  Private app storefront and catalog  Ingest apps from multiple disparate sources  Enterprise administration console o Define users and policies o Management o Distribution o Monetization and Billing  Private storefront is OS, device and carrier agnostic (iOS, Android, BB)  Supports in-market MDM solutions Contract No.: DMS 10/11-008C Exhibit 1 Page 23 of 34 Confidential and proprietary material for authorized Verizon Wireless personnel only. Use, disclosure or distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement. 5 Roadmap Integration: Creating the Multi‐Sourced Catalog (OS and Carrier Agnostic) ANCHOR Google Mail for Business MSEP/MEAPV CAST App Store Smoking Cessation Language Translator SAP Training videos Time Reporting Enterprise Users (B2E) Apps from Public Store, MSEP, and Third Parties viewable through a single, private catalog for the end user, though code is housed in many places. Private App Catalog Partners/Vendors (B2B)Third-party Developer 1.19 Coverage Maps (Voice and Data Web GUI) Within forty five (45)-days from the contract execution, the Service Provider shall complete development and make available a “coverage map” webpage accessible via the wireless cloud and the Internet. The Service Provider shall maintain and update the wireless service webpage as required or directed by DMS at no additional cost. The Service Provider shall furnish a dedicated Internet accessible web GUI application database containing current non-proprietary, coverage maps to validate the counties, or portions thereof, where they have wireless voice and data services operating and providing reliable services, 24x7x365. The outdoor coverage maps should be detailed (marketing maps are not acceptable) and accurately reflect the reliable voice and data service areas. The Service Provider shall provide detailed in-network (no roaming) voice and data services coverage maps for the State of Florida, with a detailed overlay of counties and major highways. The coverage maps shall include a statewide map and county-by-county maps, sixty-seven (67) in total. The map must include a reference to the propagation software used and be in compliance with accepted mapping standards. Detailed engineering propagation maps are not required (at this time). The maps shall differentiate voice and data coverage areas. The Service Provider shall highlight any areas on the coverage maps where roaming charges for voice or data will be incurred. The Service Provider shall include, on the services webpage, a listing of all counties within the state where they currently have wireless service available with the coverage percentage for each. Counties with no coverage shall be listed with a comment stating “no coverage available.” After the contract award and as service areas are expanded by the addition of new transmission facility sites or other capabilities, the Service Provider shall update the coverage map database to accurately depict the Service Provider’s wireless service area as required. The coverage maps shall be available, via the Internet, to potential SUNCOM Clients, and used to determine the best Service Provider’s coverage area for a particular geographical area within the State of Florida. It is desired that a continental United States coverage map also be included. DMS waives (not require) the requirement for static coverage as long as: Verizon provides and maintains a wireless coverage GUI on the public Internet accessible by DMS and the end customer. Contract No.: DMS 10/11-008C Exhibit 1 Page 24 of 34 http://www.verizonwireless.com/b2c/CoverageLocatorController?requesttype=NEWREQUEST?p_url=coverage_map_demo&=CDinaBox&cm_ite=Roaming Verizon Wireless offers the Enterprise Customer Mapping Solution (ECMS) to DMS to meet the engineering map requirement. ECMS is a mapping tool that displays Verizon Wireless coverage by service type. Coverage outages are depicted for 1xRTT and EV-DO service only. ECMS provides data from an internal mapping and analysis tool that shall be made available to DMS under this contract. Coverage layers are updated quarterly. Features of ECMS include:  Web-enabled mapping display tool  Coverage Out of Service (OOS) messages are received in 5 minute intervals  Tabular and cartographic output  Government customers will have secure access via VPN to the application  Thin client, no downloads required  Application allows zoom in, zoom out, zoom to last extent, zoom to full extent, panning  Locate by address, city, state, county, ZIP Code  Locate by coordinates  Locate by proximity  Measure tool – measure distance between 2 points  Query Tool – for OOS alarms  Legend for feature selection  Create & print custom maps  Spatial bookmarks Note: The ECMS service shall not be linked in any way to any performance measures, service level targets, penalties or remedies. 1.20 Roaming There shall be no additional roaming cost associated with a user account within the State of Florida. There shall be no roaming charge incurred by end-user accounts within the Service Provider’s advertised footprint outside the State of Florida within the United States. Verizon Wireless has roaming agreements with other wireless providers that enable DMS customers to make and receive calls without incurring roaming charges in areas that are not currently part of the Verizon Wireless network. Verizon is a direct service provider of wireless services for the markets where they own and/or operate a cellular or Personal Communications Service (PCS) license in the U.S. State personnel devices shall be programmed with a preferred roaming list (PRL), which is a list of Verizon Wireless’ roaming partners in order of preference. Verizon Wireless equipment is directed first to Verizon Wireless’ network, and then to our preferred roaming partners’ networks if the Verizon Wireless network is unavailable or in areas where Verizon Wireless does not currently provide service. Note: Verizon Wireless does not monitor or restrict roaming charges. Contract No.: DMS 10/11-008C Exhibit 1 Page 25 of 34 1.21 Network Neutrality The Service Provider’s network shall be a “Neutral Network” which, in this instance, shall be defined as: free of any restrictions which, degrade communication streams based on the following, including, but not limited to: particular third party service providers, communication types, communication content, application, application data, application ports, or destination site filtering by filter-list, URL, network-address, host-address, or other. The SUNCOM end-user shall be capable of transmitting and receiving third party services and application data without restrictions such as: IP traffic throttling, blocking mechanisms, or other network traffic control schemes which queue, shape, differentiate or degrade the associated communication stream in any way. While connected to the Service Provider’s cellular network (via transmit/receive device), the wireless IP data mode of communication shall not be restricted, blocked, or governed by the Service Provider to hinder or prevent the execution of third party services or applications. The Service Provider shall not block, restrict, impede (degrade), or negatively influence the communication stream of a third party service (or application) which may (or may not) include services (or applications) that compete with similar services available from the Service Provider. See the diagram below. The Service Provider shall not impede (degrade), block, or differentiate performance of third party wireless connectivity devices (data-modems, handhelds, routers, or other), which technically conform to, and are functionally compatible with, the Service Provider’s wireless network. The Service Provider shall not impede or degrade any transmit/receive device’s performance or any communication streams being processed by the device during a communication session. October 22, 2009, the FCC initiated a proceeding in which it proposes to adopt so-called “net neutrality” rules that it describes as intended to preserve the openness of the Internet. The Contract No.: DMS 10/11-008C Exhibit 1 Page 26 of 34 proposed rules would apply to all providers of broadband Internet access services, including commercial mobile radio service providers. The FCC proposes to adopt as rules four principles taken from a previous policy statement that applied to wireline broadband services, and to add two new requirements, all of which would be subject to the ability of network providers to engage in reasonable network management practices and to meeting the needs of law enforcement, public safety and national security. Specifically, the proposed rules would provide that a broadband Internet access provider: 1) may not prevent its users from sending or receiving lawful content over the Internet; 2) may not prevent its users from running or using lawful applications and services; 3) may not prevent its users from connecting to and using on its networks their choice of lawful devices that do not harm the network; 4) may not deprive its users of their entitlement to competition among network providers, applications, content or services; 5) must treat lawful content, applications or services in a nondiscriminatory manner; and 6) must disclose information on network management and other practices reasonably required for users and application, content and service providers to enjoy the protections of the rules. Any final rules that ultimately may be adopted, depending upon their scope and term, could have a significant adverse effect on our wireless broadband services. To combat flooding the network with text messages, Verizon Wireless has the ability to limit the number of messages and subscribers accessing the network. If there are too many messages coming from one person or broadcast behavior is detected, this behavior, also known as “spamming”, shall be prevented by blocking these messages. 1.22 Priority Connect Services The Service Provider’s wireless network shall be provisioned to support a Wireless Priority Service (WPS) scheme in compliance with the National Communications System (NCS) of the Department of Homeland Security. DMS is aware WPS is a federal program, administered by the National Communications System (NCS) within the Department of Homeland Security (DHS) that provides the benefit of priority network access for qualified government and industry subscribers that must have communications capabilities in times of national security and emergency preparedness. DMS requires that the WPS service shall be deployed on the entire Service Provider Wireless network across the United States. Once WPS is activated, registered users shall be capable of dialing a *three (3)-digit number to activate the priority connect feature before dialing the ten (10)-digit telephone number. The call will automatically be placed in high-priority status and will be given priority for the next available wireless channel at the originating radio access network. At this time, Verizon Wireless supports priority features for voice traffic only. Wireless Priority Service (WPS) is offered today to Federal, State, Local, and Tribal Government’s authorized personnel, providing priority access to the public wireless network during network congestion. The service is activated by dialing a code and then the phone number. To take advantage of WPS on the Service Provider Wireless network, authorized National Security and Emergency Preparedness (NS/EP) users must first apply to the NCS to receive this service, by visiting the NCS’ website at http://wps.ncs.gov/ . Once NCS confirms eligibility, the NCS will then notify the Service Provider that the official request has been approved for WPS and that the service can be added to the user’s account. Users may also contact the DMS Product Manager, the Service Provider’s Account Manager or the WPS Activation and Support department at 877-262-2950 for further information. Additional information regarding the WPS program can be obtained by visiting http://wps.ncs.gov. Contract No.: DMS 10/11-008C Exhibit 1 Page 27 of 34 WPS Eligibility Criteria The following WPS qualifying criteria apply equally to all users and will be used as a basis for all WPS approvals/assignments. There are five WPS National Security/Emergency Preparedness (NS/EP) criteria. Categories: Priority 1: Executive Leadership and Policy Makers Priority 2: Disaster Response/Military Command and Control Priority 3: Public Health, Safety and Law Enforcement Command Priority 4: Public Services/Utilities and Public Welfare Priority 5: Disaster Recovery These criteria were selected to meet the needs of the emergency response community and provide access for the command and control functions critical to management of and response to national security and emergency situations, particularly during the first 24 to 72 hours following an event. WPS should only be requested for key leadership personnel and their direct supporting staff who are in NS/EP leadership positions. Note: Verizon Wireless does not currently offer WPS for data services. 1.23 Test Plan (applicable to wireless data component) The Service Provider shall be responsible for testing the wireless data transport system to ensure proper performance as required as part of this contract. All wireless service system testing shall be coordinated with and approved by DMS and/or the applicable SUNCOM agency applicable to this contract. The Service Provider shall be responsible for testing each component of the wireless data service system including wireless modems (before and after installation, if requested by the SUNCOM agency), transport NNI, transport NNI failover, and closed user group configurations. The Service Provider shall develop and submit to DMS for approval a test plan and demonstrate successful IPSEC NNI failover testing for each NNI tunnel between the primary and secondary IPSec VPN appliances before SUNCOM service orders shall be permitted. All test plans and testing shall be coordinated with and approved by DMS. The test plan shall be applicable to the contract elements only. The test plan once approved by DMS shall be contained within the MCS Operational Guide. 1.24 Data Monitoring Tool Suite The Service Provider shall make available to DMS and the end-user a GUI tools which support administrative management of user accounts (e.g. activate or deactivate device), monitor per-user usage, track user activity, and monitor service agreed upon SLAs. Also, provide a list of GUI tools capable of troubleshooting user problems, monitor malicious activity, customer defined event notification, and excessive usage notification alarming as defined by the customer. The GUI tool suite shall be integrated into the DMS SUNCOM portal and made available to the DMS NOC and end customer. The tool suite shall be configurable and provide DMS functionality to monitor all user accounts while limiting the end customer to their particular users. Verizon Wireless’ Verizon Integration Platform (VIP) solution shall permit DMS to utilize VIP APIs to manage, in an automated fashion, the administrative management of user accounts (e.g., activates and deactivates). Automated responses to the activate and deactivate requests will be sent back to DMS. In addition, Verizon Enterprise Center (VEC) offers multiple online reporting functions as well as a text delimited download file that contains all the invoice related charges and detail which matches what appears on the paper bill. This file is called Raw Data Download Contract No.: DMS 10/11-008C Exhibit 1 Page 28 of 34 (RDD). To access VEC, users will be required to go to a separate URL and enter an individual User ID and password. 1.25 Voice Monitoring Tool Suite The Service Provider shall provide a web-based tool capable of monitoring voice account information, usage minutes, calling activity, activation/deactivation functionality, overage alerts, and service area outage information. The tool suite shall be integrated into the DMS SUNCOM portal and made available to the DMS NOC and end customer. The tool suite shall be configurable and provide DMS functionality to monitor all user account while limiting the end customer to their particular users. Although Verizon Wireless’ Verizon Integration Platform (VIP) solution will be the primary solution for account maintenance activities, the Verizon Enterprise Center (VEC) is also available to DMS. The Verizon Enterprise Center (VEC) is the online self-service tool for Verizon Wireless Enterprise customers. The VEC provides robust functionality to maintain wireless accounts.  Order Online –Designated employees can use the Web portal to order new devices and accessories when logged into the VEC. The ordering site is customized with DMS’s name and reflects pricing and equipment discount. This provides designated employees greater flexibility in placing orders right from their own desktop via a single login.  Account Maintenance – Designated employees can manage account activity online through the Account Maintenance link. The Account Maintenance link offers a range of functionality, such as updating account information, changing a voicemail password, completing a local telephone number change or checking the status of a port. Additionally, you can suspend/resume service, activate equipment, make ESN changes online and initiate device upgrades from this link.  Statements – The Statements link provides a quick, easy method for DMS to review balance, last payment and a summary of current charges. In addition, you can view usage and charges related to entire organization or a particular account. From the statements page, you can easily view or print bill in several flexible formats. You can also view unbilled voice, data and text message usage. You can view up to six previous statements.  Invoices – Within the Invoices link, you can view and pay bill and set up payment accounts.  Reports – The Reports link offers you the ability to pull data based on usage or cost. For example, you can view the “20 longest phone calls” or a “summary of cost by month”. Additionally, your designated employees can pull a summary usage report that includes usage statistics at the mobile telephone number (MTN) level. You can receive usage details for such things as peak, off-peak and nights and weekends. Reports help you manage your account and make informed decisions about your service. The Verizon Account Manager for this contract shall setup Verizon Enterprise Center training for the designated DMS personnel after contract execution. Contract No.: DMS 10/11-008C Exhibit 1 Page 29 of 34 1.26 Voice Handheld Devices The Service Provider shall provide at least one device in each of the following categories throughout the life of the contract:  Conventional Device: a standard voice handheld device with integrated data functionality. This phone shall be Full-duplex, Digital, and Multi-mode: The term multi- mode designates a phone that supports the frequency bands utilized by the Service Provider’s wireless network. These phones shall feature full duplex digital technology, mobile to mobile, and PSTN interconnect operation. This type phone shall be offered as the basic phone for all new subscribers as part of the service package.  Push-to-Talk (PTT) Device: a PTT voice handheld device with integrated data functionality. This phone shall have combined the functionality of a Conventional Device (above) with Push-to-Talk (PTT) operation between mobile units.  Premium Type Device: a premium handheld device with integrated data functionality such as iPhone®, Droid®, or Blackberry®. 1.26.1 Minimum Requirements All voice handheld devices shall meet or exceed the following minimum requirements: a) 12-button (or simulated) keypad (0-9, *, #) in handset b) 50 number memory, 16 digits (minimum) per number stored. c) Support Text, SMS, and MMS messaging d) Controls and indicators as required to: e) Originate and receive calls control, f) Power On/Off, g) Call in Progress (In Use), h) No Service, i) Battery Status, j) Roaming or Home area service, k) Character display with memory recall of all stored digit, l) Call log showing missed calls, dialed calls, and received calls, m) Auto redial, n) Ring silence or vibrate settings, o) Volume control, p) An On/Off switch, and q) PTT button as applicable to operation mode r) Rechargeable battery, AC charger, and associated antenna(s) included 1.27 Data Transmit Devices The Service Provider shall provide at least one data transmission device each commercially available form factor (PCMCIA, Express, USB, Tether, and Cellular Modem/Wireless Routers). The data transmission devices shall be compatible with any standard computing device such as: laptop computers, personal digital assistants, notepads, handheld, router (with modem slot or adapter), etc. At all times during the life of the contract, the transmission devices (internal or Contract No.: DMS 10/11-008C Exhibit 1 Page 30 of 34 external) provided under the contract shall be capable of transmitting information at the highest throughput rate commercially available on the Service Provider’s wireless network. The Service Provider shall include, at no additional cost, the associated device antenna(s). The Service Provider shall provide all applicable device software/firmware including a management plan to update each device offered, as required. The Service Provider shall accomplish the software/firmware updates through their wireless network if possible. At the discretion of DMS, software/firmware update revisions shall first be tested using a seed lot (approximately twenty users) of the DMS customer base before the update is made available to all customers by the Service Provider. The seed lot users shall be determined by DMS upon the Service Provider’s request, and shall be made up from different agency users such as HSMV, FDLE, DOH, DOT, DCF and others. The latest software/firmware list on the Service Provider’s SUNCOM services webpage shall be tested or approved by DMS. 1.28 Text Messaging-Only Devices The Service Provider shall provide, for the life of the contract, a wireless handheld device that can be provisioned to only permit SMS (text messaging) and 911 wireless transmissions. With the exception of 911 calls, the handheld device shall not be configured with voice functionality or have the ability to enable voice functionality by the end-user. 1.29 Helpdesk The Service Provider shall provide a centralized trouble reporting and maintenance system (“Helpdesk) for use by the Department and SUNCOM Clients. The HelpDesk shall accept and promptly respond to all incoming calls, faxes, and e-mails received during (i) normal Business Hours, and (ii) emergency situations as determined in advance by the Department with reasonable advance notice. In all cases, the Service Provider shall open an incident ticket with the date and time indicated to capture the reported problem. The incident record shall contain the caller’s name, contact information and a brief description of the reported problem. It shall be the Service Provider’s sole responsibility to resolve the problem as soon as practicable. The Service Provider shall provide an electronic, consolidated incident status report weekly for all open trouble tickets to the Department. The status report shall be electronically formatted as specified by the Department and reference the incident number, state the reported problem, the resolution, resolution date and time or provide a target date for resolution and other information as requested by the Department. After the Service Provider resolves the reported problem, the Service Provider shall closeout the incident record with a complete description of the reported problem and the corrective actions taken by the Service Provider. The Service Provider shall assist the Department with the integration of the HelpDesk with the Department’s Service Desk, Service Desk Express application and/or other existing DMS helpdesk system(s). The Service Provider shall make available a web-enabled trouble ticket tracking system with GUI. The tracking system shall contain a complete database of all open and closed trouble tickets for the life of the Agreement. The Department shall have a master account listing all service trouble tickets within the database. The SUNCOM Client shall have limited access to only the trouble tickets applicable to their End-users. Trouble ticket history shall be provided by the Service Provider through API, or an equivalent method. Trouble ticket information shall contain all information related to the incident and identify the item by the Department inventory number. The Service Provider shall provide the Contract No.: DMS 10/11-008C Exhibit 1 Page 31 of 34 capability and functionality for the Department to collect trouble ticket information as described. The Service Provider shall provide useable interfaces to its ticketing system for all SUNCOM Clients and the Department. Verizon shall work with the State through the implementation process to develop a ticket reporting tool. Verizon will provide helpdesk to helpdesk support. Verizon will provide an interface to access the ticket data. In addition, Verizon Wireless shall provide DMS with its Enterprise Data Technical Support (EDTS) service as describe below: 1. EDTS Highlights: 2. Help Desk to Help Desk Data Technical Support 3. 24 x 7 x 365 Support 4. Dedicated Toll Free 800 # directly into EDTS 5. No phone menu tree to navigate through 6. Escalation path into VZW Network Team if required 7. Email support available 8. Escalation contact information for EDTS Leadership Team 9. EDTS Leadership available to meet with customer if needed 10. Customer specific EDTS profile storing critical support and contact information 11. Reporting available 12. Device exchange assistance on VZW branded devices if needed 13. Staffed by Expert Level Certified Technicians Technical Support Flow Diagram & Responsibilities Enterprise Data E-mail Support E-mail Support - Customer Benefits  Alternative method for contacting Enterprise Data Technical Support  Ability to make non-urgent requests via an email request  Cost Effective Contract No.: DMS 10/11-008C Exhibit 1 Page 32 of 34  Dedicated E-mail support for Enterprise Customers Mailbox Information  Email Address: WDTSEnterpriseFolsom@VerizonWireless.com Hours of Operation  5:00 AM – 6:00 PM PST Monday - Friday Response Information  Upon receipt of a request, an automated E-mail will be sent to confirm that the request has been received.  Once a Technician has reviewed the request, a response E-mail will be sent to update the Enterprise Customer on the resolution or to request additional information. 1.30 Network Trouble Reporting. Upon notification of network trouble, the Service Provider shall respond to the trouble reports within four (4) hours (best effort) of notification. A report of trouble clearance shall be furnished to the Department and the SUNCOM Client within one (1) hour (best effort) of trouble clearance, and a copy of the Service Provider’s written trouble ticket shall be provided upon request. In the event of a transmission facility site, network, or large-scale failure, the Service Provider’s Network Operations Center (NOC) shall make best effort to provide immediate notification to the Department when it affects Customer services. The Verizon Wireless Network Operations Center (NOC) monitors system-wide alarms 24x7, 365 days per year. Upon receipt, alarms are classified into one of three categories: Critical, Major, or Minor:  A Critical alarm is one that prevents call processing (either partially or entirely) or prevents (or soon will prevent) proper billing. An example of this is a BTS (cell site) or MSC (switch) outage.  A Major alarm is one that seriously (or may soon seriously) affects the performance of equipment.  A Minor alarm is one that has minimal impact on equipment performance. The following table identifies Verizon Wireless internal maximum standards for mean time to restore (MTTR) of each alarm type to ensure timely restoration of service. Our goal is to consistently exceed these targeted metrics. Category MTTR Critical 30 min. Major 24 hrs. Minor 48 hrs. Note: Verizon Wireless does not guarantee the MTTR metrics identified above, these are provided for reference purposes only. Contract No.: DMS 10/11-008C Exhibit 1 Page 33 of 34 1.31 Department Test Accounts. The Service Provider shall configure (or re-configure) the devices and/or accounts within their wireless network equipment as directed by the Department at no cost. The accounts may be used by any SUNCOM Client at the discretion of the Department for test and evaluation purposes. The test accounts shall be controlled (activated or deactivated) and/or supervised by the Department. The Service Provider shall provide (up to 10) voice accounts and handheld devices for test purposes. The test devices shall be representative, equal in functionality, and support all features that are inherent to the Service Provider’s commercially available network. The test units shall be premium (highest functionality) devices with integrated voice and data feature functionality. The Service Provider shall provide (up to 10) data test accounts and transmission devices for test purposes. The Service Provider shall include two (2) representatives for each form factor commercially available and shall support the premium feature suite commercially available for that particular form factor. All test accounts and devices shall be configured to operate (transmit/receive) on the Service Provider’s network throughout the continental United States, only. Also, the test accounts and associated devices shall be assigned and used by the Department personnel without limitation in order to test, evaluate, and observe the Service Provider’s quality of service over the life of the Agreement. 1.32 SUNCOM Client Testing and Evaluation. Prior to making their initial order for Service, SUNCOM Clients shall be permitted to obtain wireless demonstration equipment (including airtime) for the purposes of testing and evaluation at no additional cost. The demonstration equipment shall be made available for a period of thirty (30) working days. Any demonstration equipment forms and processes shall be reasonably provided, managed, and maintained by the Service Provider. The Service Provider shall post (on their webpage) the step-by-step procedure the SUNCOM Client is required to follow in order to obtain the demonstration equipment. The Service Provider shall coordinate directly with the SUNCOM Client regarding demonstration accounts and devices. 1.33 Weekly Conference Calls. The Service Provider shall participate in a weekly conference call with the Department to discuss and provide status on all open or unresolved issues related to the Services (including trouble tickets). It shall be the responsibility of the Service Provider to coordinate and initiate the call at a time acceptable to the Department’s staff. At the Department’s discretion, the call frequency may be modified. 1.34 Operational and User Guide The Service Provider shall assist DMS in developing and maintaining a User and Operational Guide. The User guide is intended to provide a set of instructions for the customer on how to use the service. The Operational Guide shall contain DMS instructions, processes, and procedures that shall be followed by the Service Provider while delivering the contracted wireless services as specified herein. 1.35 Escalation Requirements The Service Provider shall develop a escalation procedure and contact list to be used for unresolved SUNCOM Client problems, unresolved network problems, or problems not being Contract No.: DMS 10/11-008C Exhibit 1 Page 34 of 34 resolved in a timely manner shall include names, titles, and phone numbers of contacts in the Service Provider’s escalation chain. 1.36 Planned Wireless Service Maintenance Notification The Service Provider shall send a two-business day (minimum) advance electronic notification which informs DMS of a planned service maintenance which may potentially cause a service outage that includes the date, time, and estimated duration of the maintenance. 1.37 Unplanned Wireless Maintenance Notification The Service Provider shall send a sixty (60) minute (minimum) advance electronic notification which informs DMS of a unplanned service maintenance which includes the date, time, and estimated duration of the maintenance. 1.38 Unplanned Wireless Service Outage Notification The Service Provider shall send a notification to DMS communicating the wireless services is not available in a generalized area, specific to switch locations, within Florida which includes an estimated time for service restoration (if available) within 5 hours (maximum) from the outage start time. 1.39 Hardware Shipment From the Service Provider receipt date of the OaSIS electronic service account order, the Service Provider shall ship the ordered hardware to the delivery address within seventy-two (72) hours, excluding State holidays. If the Service Provider is unable to ship the ordered hardware due to unavailability (out of stock), the Service Provider shall send an electronic notification to DMS and the end-user within seventy-two (72) hours of order receipt date. Shipments related to “Enhanced Services” hardware are exempt from this requirement. 1.40 Existing Wireless Data Customer Migration Once the Service Provider successfully receives the DMS request to migrate the existing wireless data customers, the Service Provider shall move all specified wireless data users to the new MFN access method as specified in the contract technical exhibit within one hundred twenty (120) days. Contract No.: DMS 10/11-008C Exhibit 2 Page 1 of 24 EXHIBIT 2 BUSINESS PROCESS AND OPERATIONS Contract No.: DMS 10/11-008C Exhibit 2 Page 2 of 24 Exhibit 2.0 Verizon Wireless MCS Business Processes and Operations Table of Contents 2.01 Business Model General Description ................................................................................................ 3 2.02 Implementation Timeline .................................................................................................................. 3 2.03 SUNCOM Client Experience ............................................................................................................ 3 2.03.1 OaSIS Website .......................................................................................................................... 4 2.04 Business Process Technology and Core Data ................................................................................... 4 2.04.1 OaSIS Managed Sessions .......................................................................................................... 5 2.04.2 Data and Relationships.............................................................................................................. 5 2.05 Business Process Flow and Service Provider Duties ........................................................................ 6 2.05.1 Transition Period ....................................................................................................................... 8 2.05.2 Steady State Business Process ................................................................................................ 14 2.06 Enduser Identification ................................................................................................................. 20 2.07 Verizon Wireless Equipment ...................................................................................................... 22 2.07.1 New Equipment ...................................................................................................................... 22 2.07.2 Defective Equipment 1 to 12 months after Purchase .............................................................. 22 2.07.3 Defective Equipment 13 to 24 months after Purchase ............................................................ 22 2.07.4 Defective Equipment more than 24 months after Purchase .................................................... 22 2.07.5 Equipment Protection Programs ............................................................................................. 23 Contract No.: DMS 10/11-008C Exhibit 2 Page 3 of 24 2.01 Business Model General Description To deliver service, a comprehensive business-to-business (B2B) process shall be implemented between DMS and the Service Provider. The process shall use significant automation to implement the DMS standard business model as governed by Section 282, Florida Statutes, and Chapter 60FF-2, Florida Administrative Code. The Service Provider shall provide DMS all products and services information with relationships that identify which products and services are compatible. SUNCOM Endusers place orders (Customer Services Authorizations, or CSAs, in Florida Administrative Code 60FF-2) through the DMS Open and Shared Information System (OaSIS). Orders are passed electronically to Service Providers who update the fulfillment status. Upon order completion, Service Providers then invoice DMS monthly for services rendered to all SUNCOM Endusers through a single invoice to DMS with supporting detail and utilization in electronic files. This supporting detail includes auditable charges at the activity level capable of being tracked to the SUNCOM Enduser. The Service Provider shall not be obligated to directly invoice or collect payment from SUNCOM Endusers for any product or services purchased through OaSIS. 2.02 Implementation Timeline Figure 2:1 is the timeline identifying milestones to be achieved by both DMS and the Service Provider to implement the agreed B2B model. Figure 2:1 DMS and the Service Provider agree to make available the required test sites to implement the applicable Service Provider APIs. The Service Provider will work with DMS to mutually agree upon a timeframe for testing the DMS use of the Service Provider’s APIs. These Service Provider APIs include the following functionality: Activation (including Port-In); Price Plan Change; Device Serial Number Change (ESN/MEID Change); Feature Only Change; Mobile Number Suspend/Resume; Disconnect; Check Status; Customer Look-Up and Reference Data Look-Up (NPA-NXX, Price Plan, Feature, Device, Accessory). 2.03 SUNCOM Client Experience SUNCOM Endusers shall obtain and manage their wireless telecommunications Products, Services and costs using OaSIS. SUNCOM Endusers shall have the ability to login and navigate OaSIS to review their inventory, orders, accounts and charges. SUNCOM Endusers seeking to purchase, change or learn details about the Products/Services provided shall do so through OaSIS from information supplied by the Service Contract No.: DMS 10/11-008C Exhibit 2 Page 4 of 24 Provider using VIP API the lookup process and approved by DMS. The VIP API lookup process shall be pulled at a frequency determined by DMS. Any resulting order will then be transmitted by the OaSIS back-end systems to the Service Provider using the applicable VIP API to submit the request for processing. OaSIS integration with the Service Provider shall not preclude branding and marketing. OaSIS shall display Service Provider logos in association with the Products/Services offered by the Service Provider through SUNCOM, subject to the applicable approvals required by the Service Provider for use of its logo and name. DMS shall have the ability to customize its user experience and all other front-end/user facing web pages, including use of SUNCOM logos and presentment of DMS approved information. 2.03.1 OaSIS Website OaSIS shall be the exclusive SUNCOM Enduser portal to all systems. Orders shall be configured and distributed from OaSIS. The Service Provider shall produce an electronic message containing all Products/Services, including relationships, for OaSIS to identify the necessary business rules for ordering Service Provider Products/Services. The Service Provider shall include valid specifications, pictures, and details on all devices. The Service Provider shall provide coverage maps that are accessible to the SUNCOM Enduser from OaSIS. The Service Provider shall impose no terms, conditions or requirements that are not identified herein. DMS shall establish and maintain SUNCOM Enduser Billing Accounts. Account management functions shall be performed entirely by OaSIS. DMS shall transmit work orders to the Service Provider using APIs when SUNCOM Endusers seek to add, modify, or discontinue a Product/Service offered by the Service Provider. Product/Service maintenance shall leverage the APIs to electronically transmit work orders to the Service Provider. The API connection between DMS and the Service Provider will be in compliance with Service Provider security standards which include, but are not limited to, using mutual authentication (also known as Two (2) Way SSL) and https. Service Provider shall accept supplied order data from OaSIS and provide back to OaSIS all data field requirements established by DMS through APIs for work order fulfillment. Service Provider shall manually complete work orders in OaSIS if automated routines are not available from the Service Provider based on the type of work order generated by the SUNCOM Enduser. Service Provider shall provide access to DMS to the VEC application for other reporting needs. To access VEC, a DMS user will be required to go to a separate URL and enter an individual User ID and password. An authorized VEC application user may pull a Suspend or Deactivation report, which lists all Disconnected or Suspended MDNs for the specified Company Profile ID as well as billing account information. This information is within the VEC invoice function which is not supported via the VIP API solution. 2.04 Business Process Technology and Core Data Contract No.: DMS 10/11-008C Exhibit 2 Page 5 of 24 2.04.1 OaSIS Managed Sessions OaSIS shall be the only state system granted access to the Service Provider’s systems. Additional systems requiring access to the Service Provider system may be mutually agreed upon by both parties. Managing SUNCOM Endusers’ ordering permissions in OaSIS is solely the responsibility of DMS. OaSIS will manage access control to its system, including assignment and termination of its user IDs, access control, management of and association with the applicable Service Provider account, allowed actions and information visibility. Service Provider shall assign DMS with a Service Provider ID/password for use by DMS’ systems when they submit VIP API transaction requests to the Service Provider. The Service Provider API XML solution shall allow OaSIS users to: (a) learn about Service Provider products/services (as displayed by DMS on OaSIS via the information retrieved by DMS using the applicable VIP APIs, (b) activate a new line (including port-ins) within an authorized DMS Billing Account, (c) add products and or services (e.g. adding a feature) to an active line within an authorized DMS Billing Account, (d) deactivate services of a line associated with an authorized DMS Billing Account and (e) change the features or rate plans associated with an active line of an authorized DMS Billing Account, as well as suspend/resume services of a line within such account. The VIP APIs shall be constructed to fit the workflow of different transactions and can be utilized on a single-line as well as batch request basis. 2.04.2 Data and Relationships OaSIS shall contain a comprehensive set of all ordering and inventory data elements as respectively assigned by the Service Provider and DMS. SUNCOM Endusers shall view their comprehensive order information as well as inventory information from OaSIS. The conceptual data diagram in Error! Reference source not found. below, combined with the data dictionary (Attachment 15: Data Dictionary), comprises a proposed conceptual data schema developed to illustrate the minimal business requirements of this Contract and the technical mechanisms necessary to achieve them. The schema includes the minimum data tables, elements and relationships that are necessary to the business process. DMS will retain a comprehensive set of all of the data in OaSIS. Contract No.: DMS 10/11-008C Exhibit 2 Page 6 of 24 Product/Service Catalog Vendor_Catalog_ID Product/Service_Description Vendor_Price SUNCOM_Price Customer Customer_ID Customer_Description Inventory DivTel_Service_Account_ID Billing_Account_ID Charge_Type Charge Type Subscription Metered One Time Billing Account Billing_Account_ID Billing_Account_Description Customer_ID User User_ID First_Name Customer_ID Last_Name Email_address Contact_Phone User Authorities View Edit Create/DeleteService Account Rights User_ID Billing_Account_ID Customer_Management_Authority DivTel_Catalog_ID Password Subscription Period Daily Monthly Quarterly Yearly Meter Increment Minute Bit Byte KiloByte Megabyte Gigabyte Record Installments Installments 12 Months 24 Months 36 Months 48 Months Activation_Date/Time DivTel_Order_Number Deactivation_Date/Time Orders Vendor_Order_Number Order_Date/Time Order_Type Order Type Request Activation Request Deactivation MoveChange DataMobile_Telephone_Number ESN SIM Data Field to be Changed Product/Service_Availability_Start_Date Product/Service_Availability_End_Date Billing_Account_Authority Session_ID (orderer) User_ID (creator) User_ID User_ID (authorizer) User_ID (creator) User_ID (authorizer) Changed Data Data_Field_to_be_Changed New_Data_Value Vendor_Order_Number Table Name Field Name of Data Provided by Vendor in Table Data Value Index ESN SIM MIN Mobile_Telephone_Number Device_Model_Number Device_Serial_Number Service_Account_Authority User_ID (authorizer) Authorities over Users View Edit Create/Delete MIN Device Model Number Device Serial Number Service Account Vendor_Service_Account_ID Service_Account_Description Billing_Account_ID Session_ID (creator) Charge_Increment Promotions Vendor_Catalog_ID Discount_Percent Promotion_Start_Date Promotion_End_Date Promotion_Code Code_Required?Vendor_Service_Account_ID Vendor_Service_Account_ID Catalog Restrictions DivTel_Catalog_ID Billing_Account_ID Device_Manufacturer Default_Catalog_Restriction Default Catalog Restrictions Allow DisallowSession/User Match* User_ID Session_ID Buy DivTel_Service_Account_ID Assign Rights User_ID (authorizer) User_Management_Authority Vendor_Inventory_ID Field Name of Data Provided by DivTel in Table DivTel_Order_Number DivTel_Catalog_ID DivTel_Inventory_ID DivTel_Service_Account_ID Session Authorities View Edit Create/Delete Vendor Invoice Detail Vendor_Catalog_ID Event_Start_Date/Time Event_End_Date/Time (if applicable) Quantity Vendor_Service_Account_ID Promotion_Code (if applicable) Promotion_Description Justification_for Requiring_Code Charge_Event_ID Terminating_Phone_Number (if applicable) Terminating_City (if applicable) Terminating_State (if applicable) Vendor_Order_Number Vendor_Price Session_Start_Date/Time Session_End_Date/Time Billing Account Rights User_ID Customer Management Rights User Management Rights User_ID Customer_ID User_ID (managed) User_ID Device Manufacturer Impelementation_Date/Time Active Inactive Pending Activation Status Activation_Status Product/Service_Confirmed/Rejected Promotion_Confirmation Tax_or_Public_Fee? Tax/Public_Fee_Basis Device_Image Vendor_Inventory_ID Establish Service Account Bought Vendor_Catalog_ID Vendor_Order_Number Promotion_Code Vendor_Price SUNCOM_Price ESN SIM MIN Mobile_Telephone_Number Device_Model_Number Device_Serial_Number Established Service Account Device_Manufacturer Vendor_Order_Number Activated/Deactivated Vendor_Catalog_ID Vendor_Order_Number Active Test DivTel_Price Sessions Service_Account_Authority Vendor_Service_Account_ID Session_ID Restricted_Products/Services?Unrestricted_Products/Services? Restricted Products/Services Vendor_Catalog_ID UnrestrictedProducts/Services Vendor_Catalog_ID Buy User Authorities Parameter_1 Parameter_2 Etc. Parameters Vendor_Order_Number Activation Update Log Activated Deactivated New Activation StatusNew_Activation_Status Activation_Confirmation Pending Activation Verified Activation Disputed Activation Confirmation Activation_Status_ChangeDate/Time DivTel_Inventory_ID Activation_Event_ID Vendor_Inventory_ID Permit Implementation Revoke Order Confirmation Vendor_Order_Number Order_Confirmation Buy Add Free Features Figure 2:2 The proposed conceptual data schema is not comprehensive of the entire schemas expected to be used by both Parties. Nor is this schema a literal depiction of the table and field names DMS or the Service Provider expects to use. These terms were chosen to best illustrate the concepts necessary to illustrate the business process. Every data element, table and relationship depicted here has an analogy within DMS’s OaSIS and some are expected to be matched with analogous data in the Service Provider’s systems. 2.05 Business Process Flow and Service Provider Duties The following diagram outlines both parties’ respective duties during the Transition and Steady State Periods for the life of the Contract. Contract No.: DMS 10/11-008C Exhibit 2 Page 7 of 24 Contract No.: DMS 10/11-008C Exhibit 2 Page 8 of 24 Figure 2:3 2.05.1 Transition Period Both parties shall use the Transition Period to prepare the services and business process outlined herein. The Service Provider shall work with DMS to establish a mutually agreed upon timeline deployment of the VIP API integration within DMS’ applicable systems. The Transition Period shall consist of two phases; 1) Development and Preparation lasting approximately three months, and 2) Legacy Contract Expiration lasting approximately five months. During the Transition Period, the Service Provider shall continue to serve all SUNCOM Eligible Endusers it currently serves under pre-existing State of Florida contract terms between the Service Provider and the customer, unless DMS requests the Service Provider to transition specific Endusers to the new terms associated with this Contract. The Service Provider may also activate new service under the pre-existing contract terms during this Period only. Terms of preexisting State of Florida contracts will become addendums to this Contract and active until affected Endusers are transitioned to the new terms and will be terminated at the end of the Transition Period. During the Transition Period, there shall be no breaks in service for Enduser accounts in good standing (except during an IP address change to the state network), unless the Enduser requests termination. The Service Provider shall not adjust prices and require no obligation to make changes to services provided during Transition. During the Transition Period, there may be downtime of up to 24 hours for a computer with static IPs if the PC card is requested to be moved from one billing account to another. There will be no downtime for the PC card if the account number does not change. The account must be current, no past due accounts can be transferred until the balance is current. Past due accounts are any accounts unpaid for 30 days or more. Transitioning of all existing subscribers will require a standard Letter of Authorization / Assumption of Liability for payment of all accounts transferred, which can be processed in bulk. Collections for any payment obligations incurred by any SUNCOM Enduser prior to the affected Endusers being transitioned to the new Contract terms shall continue to be the Service Provider’s responsibility. Debt incurred for any Product/Service usage or purchase prior to one full billing cycle after the transition of a SUNCOM Enduser to this Contract shall not become the responsibility of DMS or its obligation to pay. 2.05.1.1 Development and Preparation Phase 2.05.1.1.1 Establishing Prerequisite Automation Capabilities During the Development and Preparation phase, both parties shall modify their respective automation systems to meet the requirements of the Contract. No SUNCOM Enduser shall be served under the new terms of this Contract until the Development and Preparation phase is completed. Completion of this phase is defined in the attached Implementation Checklist of tasks (Attachment 10). This list is comprised of all the automation capabilities and exchanges of preliminary data necessary to accommodate the business process described in Legacy Contract Expiration Phase and Steady State Business Process. Execution of the Implementation Check List by both parties shall affirm the listed automation functions can be performed. 2.05.1.1.2 Legacy Eligible SUNCOM Enduser Lists to be provided to DMS Contract No.: DMS 10/11-008C Exhibit 2 Page 9 of 24 At the beginning of the Development and Preparation phase, the Service Provider shall provide DMS with the data necessary to contact Eligible SUNCOM Endusers currently being served by the Service Provider. The Service Provider shall provide the electronic data pertaining to Eligible SUNCOM Endusers based on the enduser definition provided in Section 2.06 Enduser Identification. The Service Provider shall deliver Eligible SUNCOM Enduser data in American Standard Code for Information Interchange (ASCII) delimited batch files for Eligible SUNCOM Endusers after Contract execution. The Service Provider shall make periodic updates for any SUNCOM Endusers established during the Development and Preparation phase and as Products/Services are modified. DMS Billing Accounts shall be activated at the beginning of the Legacy Contract Expiration Phase. The approach to transferring Eligible SUNCOM Endusers to a DMS Billing Account shall be different depending upon the SUNCOM Enduser being an Intrinsic Enduser or Discretionary Enduser. DMS and the Service Provider shall attempt to contact every Eligible SUNCOM Enduser identified by the Service Provider announcing this Contract and providing prices and instructions on how to establish an account with DMS. Contact shall be made based on Eligible SUNCOM Enduser status in Section 2.06 Enduser Identification. A SUNCOM Enduser self-service page in OaSIS will be made available allowing the enduser to either; 1) designate current DMS Billing Accounts to become the accounts for wireless service, or 2) establish new DMS Billing Accounts for wireless service. DMS will also use this page in conjunction with SUNCOM Endusers to establish/designate accounts. DMS shall attempt to directly contact Eligible SUNCOM Endusers for whom there was an email notification problem and those who have not used OaSIS to establish/designate an account within 60 days after the notice was sent. 2.05.1.1.2.1 Intrinsic Endusers: T1 Detailed account data shall be provided by the Service Provider to DMS regarding the Intrinsic SUNCOM Endusers identified in Section 2.06 Enduser Identification. The Service Provider shall provide DMS detailed account data related to the SUNCOM Enduser Billing Account, Service Accounts, Users, Orders, Inventory and Products/Services (as depicted in the conceptual data diagram in Figure 2:2 above). The Service Provider shall also provide the supplemental data for the SUNCOM Enduser shown in Figure 2:4 below. Contract No.: DMS 10/11-008C Exhibit 2 Page 10 of 24 Figure 2:4 As DMS informs and facilitates transfer of Intrinsic Endusers during the Development and Preparation Phase, DMS shall periodically inform the Service Provider via electronic file of the Endusers ready for transition. The Service Provider shall then identify the Enduser Service Accounts to become part of the DMS Billing Account in the Service Provider’s system upon completion of the Development and Preparation Phase. 2.05.1.1.2.2 Discretionary Endusers: T2 The Service Provider shall provide Account Name information for discretionary SUNCOM Eligible Endusers as defined in Section 2.06: Enduser Identification. The Service Provider shall contact these SUNCOM Eligible Endusers to notify them of the Contract and Products/Services available therein. Upon confirmation to the Service Provider from the SUNCOM Eligible Enduser to move their service to SUNCOM, the Service Provider shall send the detail account information and supplemental data equivalent to the Intrinsic Enduser process referenced above. The SUNCOM Enduser will then have the ability through OaSIS to associate their service to a SUNCOM account. The Service Provider shall update DMS on its status to notify these SUNCOM Eligible Endusers. DMS shall notify the Service Provider via electronic file of Endusers ready for transition. The Service Provider shall then identify the Enduser Service Accounts to become part of the DMS Billing Account in the Service Provider’s system upon completion of the Development and Preparation Phase. 2.05.1.1.2.3 Initiating Service for Legacy SUNCOM Endusers: T3 Unless DMS names exceptions, during the Transition Period, the Service Provider shall move all Service Accounts held by all Intrinsic Endusers and all consenting Discretionary Endusers to a latent DMS Billing Contract No.: DMS 10/11-008C Exhibit 2 Page 11 of 24 Account (i.e. mark them for later consolidation under the DMS Billing Account). The Service Provider shall provide a list of all Service Accounts to be added to the DMS Billing Account. On the last day of the Development and Preparation Phase, the Service Provider shall activate the DMS Billing Account with all applicable Service Accounts moved to it, at the request of DMS. All Intrinsic Endusers (unless named by DMS as exceptions) and many consenting Discretionary Endusers will be included in this transition. At this time there shall no longer be an association in the Service Provider’s system between these Legacy SUNCOM Endusers and these Service Accounts for billing purposes. Rather, these Service Accounts shall then be included in the DMS Billing Account and DMS shall be the Service Provider’s single customer holding all of these Service Accounts. The transitioning of more Eligible Endusers who consent after the end of the Development and Preparation Phase, and any previously named exceptions among Intrinsic Endusers, will continue through the end of the Transition Period (see 2.05.1.2 “Legacy Contract Expiration Phase”). Once transferred and the end of the current billing cycle transpired, Legacy SUNCOM Endusers shall no longer receive an invoice directly from the Service Provider. New prices, terms and conditions shall now apply to the Service Accounts. DMS and the Service Provider will attempt this transition to correspond to the Service Provider’s billing cycle. If the timing of the transition does not coincide with the Service Provider’s billing cycle, all charges, to DMS and the Legacy SUNCOM Enduser, shall be prorated to account for partial billing periods of service. All payment obligations that were incurred by the SUNCOM Enduser prior to the first full billing cycle under the DMS Billing Account will continue to be the obligation of the SUNCOM Enduser to pay directly to the Service Provider. DMS shall not assume any obligation or responsibility for the debt. DMS and the Service Provider shall exchange and audit the lists to verify and reconcile which Service Accounts will become active under the DMS Billing Account. 2.05.1.1.2.4 Establishing the Matching Product/Service Catalog: TS1 The Service Provider shall first obtain approval from DMS to make any Product/Service available to any SUNCOM Enduser. The Service Provider shall be the source of Product/Service information. DMS shall not alter Product/Service information submitted by the Service Provider (DMS will append to the Product/Service information, such as SUNCOM price, SUNCOM ID, etc.). The Service Provider shall provide this data to DMS via VIP APIs, so that the relationships between Products, Services and features can be extrapolated through automated routines. “Update Product/Service Catalog” shall be performed by DMS based on the information retrieved by DMS using the VIP APIs. The frequency Product/Service information is pulled shall be determined by DMS. DMS shall advise the Service Provider that the Product/Service has been approved or disapproved to be a part of the Catalog. Product/Service shall not be available to SUNCOM Endusers through OaSIS, or any other manner, until approved. If approved, DMS shall provide a SUNCOM price for the Service Provider to market to SUNCOM Endusers. No other prices shall be displayed or represented to the SUNCOM Enduser by the Service Provider. The approved Product/Service data provided by the Service Provider, along with the SUNCOM prices, shall be included in the SUNCOM Catalog as a basis for ordering, inventory, auditing, and billing. No Product/Service elements from the Service Provider shall be made available under this Contract without prior DMS approval, as set forth above. Products (devices) no longer sold by the Service Contract No.: DMS 10/11-008C Exhibit 2 Page 12 of 24 Provider shall be archived due to inclusion in inventory. Products (devices) currently not available due to a lack of available inventory shall remain in the Product Catalog with an inventory level of zero. 2.05.1.1.2.4 Product/Service Temporary Promotions: TS1 With approval from DMS, the Service Provider may offer temporary price reductions for those specific Products/Services contained in the Products/Services Catalog. To obtain Promotion approval and establish the appropriate SUNCOM pricing, the Service Provider shall exchange the Product/Service data necessary to identify the promotion and the basis for calculating any savings from the promotion prior to the availability of the Promotion. Only the resulting SUNCOM established price for the Product/Service Promotion shall be displayed to the SUNCOM Enduser by the Service Provider. DMS shall not increase its existing cost recovery percentage for the purpose of offsetting any SUNCOM Enduser savings from the Promotions. The following conditions shall apply to Promotions: 1. All Promotions follow the same Product/Service approval process as set forth above. 2. All Promotions related to a particular Product/Service must be available to all SUNCOM Endusers. There shall be no restrictions or conditions other than the requirement that it applies to a specific Product/Service and that it is offered to a SUNCOM Enduser. 3. Promotion Codes (if required by the Service Provider) requested at order placement as a prerequisite to obtaining the benefits of a Promotion shall include written justification in the electronic file submitted. 4. At the sole discretion of DMS, Promotions may be publicized in any way it chooses. 5. Promotions shall never have the effect of increasing a Product/Service price. The Service Provider and DMS shall mutually agree on a business process to support promotional offerings. Currently the VIP API solution does not support promotional pricing. 2.05.1.1.2.5 Taxes and Fees Classified as Services Taxes (defined here to include fees that the Service Provider collects on behalf of public entities) shall be established as Services in the Product/Service Catalog prior to charging DMS. A mutually agreed upon business process whereby the Product/Service Catalog shall contain a description field and clearly identify the tax or public fee will be implemented. The Catalog item shall be tagged as a tax/fee and the Service Provider shall provide a complete explanation describing the basis for the tax/fee. The Service Provider shall recognize and honor all validly and properly issued and executed tax exemption certificates delivered by DMS and statutory exemptions and shall not bill DMS for any such exempted taxes. The Service Provider’s rates and charges for Products and Services shall not include taxes. DMS shall pay any and all taxes for which it does not have an exemption. If DMS provides Product/Service access to an entity that is not entitled the same exemptions as DMS is entitled to receive, DMS shall be responsible for that entity’s taxes. Taxes and fees identified in Exhibit 3 may appear on bills to DMS. No other FCC or PUC fee, cost recovery fee, surcharge or assessment applicable to wireline and/or wireless voice and/or data telecommunications services shall be imposed during the term of this Contract, without inclusion in the Contract, unless mandated by the FCC or PUC. The Service Provider will only bill for discretionary fees Contract No.: DMS 10/11-008C Exhibit 2 Page 13 of 24 that are sanctioned by the Federal or State governments if they are included in Exhibit 3 or subsequently agreed upon between both Parties. 2.05.1.2 Legacy Contract Expiration Phase Immediately following the conclusion of the Development and Preparation Phase, a five month Legacy Contract Expiration Phase shall begin during which the remaining Eligible SUNCOM Endusers currently served with wireless communications service by the Service Provider, shall be transferred to DMS. This shall require reassignment of respective Service Accounts from existing Eligible SUNCOM Endusers to DMS as the single Customer, with a single Master Billing Account. During the Legacy Contract Expiration Phase, the Service Provider shall not establish any new billing accounts for any Eligible SUNCOM Enduser pursuant to the State Term Contract for wireless services. Additionally, during the Legacy Contract Expiration Phase, the Service Provider shall not establish any billing accounts for any state agency under any terms or contract other than this Contract. 1. Ongoing Transfers During the Phase a. During the Legacy Contract Expiration Phase, DMS and the Service Provider shall continue to contact Eligible SUNCOM Endusers served by the Service Provider. As each additional SUNCOM Enduser billing account is designated/established in OaSIS, the Service Provider shall include the SUNCOM Enduser in the DMS Billing Account. The Service Provider shall implement the change as soon as commercially practical upon notification from the SUNCOM Enduser or DMS, per statutorily required SUNCOM Endusers per Section 2.06 Enduser Identification. b. Within 48 hours of notice from the Discretionary SUNCOM Endusers agreeing to include its Service Account(s) under SUNCOM, or DMS notification that a state agency will become a part of the SUNCOM billing account, the Service Provider shall provide the associated detailed account data to DMS and move the Enduser Service Accounts to the DMS Billing Account for inclusion in the next complete billing cycle. c. After the SUNCOM Enduser Service Accounts have been transferred to DMS and the end of the current billing cycle has transpired, the SUNCOM Enduser shall no longer receive an invoice directly from the Service Provider. Any payment obligations that were incurred by the SUNCOM Enduser prior to one full billing cycle under the DMS Billing Account shall continue to be the SUNCOM Enduser’s obligation to pay directly to the Service Provider. DMS shall not assume any obligation or responsibility for the debt owed by the SUNCOM Enduser to the Service Provider. 2. Terminating Services at the Conclusion of Transition a. At the end of the Legacy Contract Expiration Phase, the Service Provider shall discontinue providing wireless telecommunications services to all state agencies that are not a part of the DMS Billing Account, regardless of the contract used to purchase the services, unless DMS has requested an extension on behalf of the specific SUNCOM Enduser in accordance with Section 282.703(5)(a), F.S. If DMS grants any such extension, it shall provide a list of affected SUNCOM Endusers to the Service Provider. The Service Provider shall comply with any time limits imposed by DMS on the extension by terminating services to the state agency at the end of the extension period unless another extension is granted or the SUNCOM Enduser’s account is transferred to the DMS Billing Account. Contract No.: DMS 10/11-008C Exhibit 2 Page 14 of 24 b. One month prior to the end of the Transition Period, the Service Provider shall provide daily lists of all state agencies that have not been transferred to the DMS Billing Account and identify all of the active Service Accounts that are in jeopardy of termination without transfer to DMS. c. At the Service Provider’s discretion, it may continue to serve all non-state agency SUNCOM Endusers after the Legacy Contract Expiration Phase under terms established with the Enduser. d. The terms of the existing State Term Contract for Wireless Voice Services, the Participating Addendum and all other SUNCOM wireless services contracts that have effectively been extended through amendments to this contract shall be void at the end of the Legacy Contract Expiration Phase and shall no longer be available for use by any entity. DMS reserves the right to establish separate extensions on individual contracts during the Transition Period. 2.05.2 Steady State Business Process With the transition of existing SUNCOM Endusers and services to the Contract, and completion of systems modifications to accommodate the shared business processes (as verified in Attachment 10: Implementation Checklist), the Transition Period shall end and standard business processes shall be implemented. While both Parties have responsibilities related to the process, either the Service Provider or DMS shall be primarily responsible for specific steps. Figure 2:3 categorizes these steps and assigns responsibility for them. 2.05.2.1 Updating the Products/Services Catalog: TS1 The process for establishing new Products/Services shall be the same during the Steady State Period as it is during the Transition Period. Refer to Section 2.05.1.1.2.4 Establishing the Matching Product/Service Catalog: TS1” for an explanation of the process. 2.05.2.2 Establishing SUNCOM Endusers and Billing Accounts: S1 DMS shall be responsible for invoicing SUNCOM Endusers and must verify SUNCOM eligibility. DMS is solely responsible for establishing SUNCOM Endusers and the Billing Accounts under which they will be invoiced and managed. The business processes for establishing SUNCOM Endusers and Billing Accounts will occur within OaSIS and this data shall not be synchronized between the Parties. However, DMS will share enduser information related to each Service Account that is necessary to the Service Provider for delivering product support. 1. Transferring Existing SUNCOM Eligible Endusers During Steady State Period a. Existing SUNCOM Eligible Endusers being served by the Service Provider may decide to become SUNCOM Endusers after the Transition Period. As DMS or the Service Provider identify such SUNCOM Eligible Endusers, DMS and the Service Provider shall implement the business process as described in Section 2.05.1.1.2.2 Discretionary Endusers: T2. 2. SUNCOM Enduser Implemented Catalog Restrictions: S2 Contract No.: DMS 10/11-008C Exhibit 2 Page 15 of 24 a. All SUNCOM Endusers shall have the option of restricting the availability of certain Products/Services from their staff. DMS shall facilitate this by providing SUNCOM Endusers an OaSIS interface for the restriction at the account level. b. The system default restriction option shall be set to “Allow”. 2.05.2.3 SUNCOM Client Management: S3 1. Establishing SUNCOM Enduser Permissions: S3 a. OaSIS shall be the portal for access to all services and functions under the Contract. OaSIS shall manage all SUNCOM Enduser permissions. DMS shall be solely responsible for establishing SUNCOM Endusers, maintaining their information and passwords and assigning their permissions. DMS shall not be required to provide any of the information related to specific SUNCOM Endusers to the Service Provider, unless the information is necessary for E-Rate eligibility and compensation, and necessary to the Provider for product support. 2. Service Provider Staff Authorities in OaSIS a. Service Provider staff shall be given broad permissions within OaSIS to assist SUNCOM Endusers in selecting the Service Provider’s products and drafting orders to the Service Provider. 2.05.2.4 Enduser Shopping and Work Order Creation: S4 SUNCOM Endusers will use OaSIS to shop for wireless services. The basis of the OaSIS Shop shall be the Products/Services Catalog data submitted from the Service Provider. The OaSIS Shop will be populated with this Catalog data, upon DMS approval. OaSIS shall create an individual work order per Service Account requested by the SUNCOM Enduser and electronically submitted to the Service Provider to complete. OaSIS shall perform validation on the work orders before submission to the Service Provider. OaSIS shall extract the validation rules from the electronic Products/Services Catalog submitted by the Service Provider. The Service Provider upon receipt of work orders shall validate their accuracy and update OaSIS with their respective status. The Service Provider shall be responsible for all Product/Service information presented in the OaSIS Shop. 2.05.2.5 Enduser Orders 1. Establishing Service Accounts: S5 a. Service Accounts shall be associated with at least one work order identifying a Product/Service from the Catalog submitted by the SUNCOM Enduser. The Service Account may carry several unique identifiers such as phone number, electronic serial number, and device serial number. b. DMS shall transmit along with the Enduser order the appropriate Service Provider Billing Account number using the VIP API for activation of a new line. c. Service Provider Billing Accounts are only created with a purchase. Service Provider shall work with DMS to establish a process to create “shell” service accounts. Service Provider shall work with DMS to establish a DMS Master Billing Account. Contract No.: DMS 10/11-008C Exhibit 2 Page 16 of 24 2. Validate Sale: S5 a. The Service Provider shall submit status updates and completion information per order for DMS to validate the status and completion of the order. b. If the order is declined, the Service Provider shall terminate the order and archive the order request for review. c. DMS shall notify the SUNCOM Enduser via email based on the Service Provider update. d. The Service Provider and DMS shall work together to resolve any confusion about a order and document the result. i. The Service Provider shall have a dedicated account representative to manage and monitor pricing, order quality, approved/declined orders, and resolve issues or discrepancies. 3. Activation Changes: S5 a. SUNCOM Endusers may seek to make changes to a Service Account. These changes shall generate orders from OaSIS that invoke the applicable VIP API to the Service Provider for completion. These changes may impact billable options on the Service Account. A deactivation shall terminate the Product/Service by SUNCOM Enduser choice. b. Future dated orders shall be held until that date by OaSIS before being sent using the VIP APIs to facilitate the possible cancellation of the order. Service Provider VIP APIs cannot cancel future dated orders. 4. Changing Data: S5 a. At any time, data associated with a Service Account may warrant modification which may have no charge ramifications. All modifications shall be sent to the Service Provider as an order using OaSIS. b. Service Provider VIP APIs support price plan only change, ESN only change and feature only change requests. c. If Service Provider VIP APIs are not capable of handling certain changes necessary to support the business process, then the Service Provider shall login to OaSIS and manually complete orders to fill any gaps in the automated process. 5. Retail Store Device Replacements a. SUNCOM Endusers will enter orders for replacements using OaSIS. The Service Provider shall receive the order from OaSIS and coordinate with the SUNCOM Enduser where to pick up replacement devices. The Service Provider retail store shall provide the ESN and other necessary information to the appropriate Service Provider contact that will then update OaSIS with the completion information. b. If the Service Provider is unable to facilitate this process, then no actions pertaining to the DMS Billing Account shall be implemented in retail store locations. Contract No.: DMS 10/11-008C Exhibit 2 Page 17 of 24 6. Activation Status: S5 a. Order and activation may happen independently. The Service Provider shall provide activation status updates separately and subsequent to order placement and completion. b. The Service Provider shall facilitate order creation and subsequent line activation through the VIP API solution. 2.05.2.6 Inventory: S5 OaSIS Inventory shall reflect modifications made to SUNCOM Enduser Service Accounts. Service Accounts in Inventory shall be kept current using updates provided by the Service Provider’s electronic order processing VIP API solution. The Service Provider shall perform inventory updates and electronically transmit all changes to DMS. Verification of inventory data shall be handled weekly at a minimum and be the responsibility of both Parties. The Service Provider and DMS shall work to define a reconciliation process to identify inventory discrepancies. The Service Provider shall make available a report containing detail account data (as identified in Section 2.04.2 “Data and Relationships”. For any discrepancies identified by DMS, the Service Provider Account Manager shall address such discrepancies. 2.05.2.7 Invoicing 1. Service Provider Invoicing: S6 a. The Service Provider shall submit monthly invoices to DMS for all wireless services. This invoice shall consist of 1) a single request for payment on unchangeable format known as a “hand bill” that reflects the total charges for the month, and 2) an electronic detail file which substantiates all billable services and activities by Product/Service Catalog ID at the Service Account level that is the auditable basis for all charges. The total of substantiated detail charges shall match the single payment request on the “hand bill”. b. Monthly invoice data shall be delivered to DMS at no additional cost. c. The Service Provider shall identify credits at the Service Account level on the monthly invoice. d. The Service Provider shall provide FRN and description on E-Rate credits in the monthly invoice. i. E-Rate Invoicing 1. Service Provider shall generate billing to DMS that contains sufficient specificity to allow DMS to accurately bill each of its SUNCOM Endusers and audit each FRN for reimbursement credits through the OASIS system and will work with DMS to establish appropriate system interfaces to allow OASIS to process information as submitted by the Service Provider. Contract No.: DMS 10/11-008C Exhibit 2 Page 18 of 24 2. Credits issued shall be detailed in the electronic bill data and identify the following: a. The item for which the credit is being applied; b. The type of credit being issued (SLA, adjustment, E-Rate, etc.); and, c. A description related to the credit type identified (such as which SLA, why an adjustment is given, FRN, etc.) 3. For SUNCOM Endusers who apply for, or intend to apply for E-Rate discounts (“SUNCOM E-Rate Endusers”), the Parties agree as follows: a. DMS will notify all SUNCOM E-Rate Endusers of their obligation to submit the proper forms, consistent with the Funding Request Numbers (FRN) utilized by the E-Rate program. b. DMS will inform all SUNCOM E-Rate Endusers of their obligation to complete all documentation required by the Service Provider which is necessary for the Service Provider to accurately bill E-Rate eligible services under the Service Provider Invoicing (SPI) method of E-Rate discounting and/or process SUNCOM E-Rate Enduser’s Billed Entity Account Reimbursement (BEAR) payments. c. The Service Provider, upon receipt of the necessary documentation from the SUNCOM E-Rate Enduser, will, for those accounts for which SPI billing has been requested by the SUNCOM E-Rate Enduser, apply discounts to the invoicing submitted to DMS, in accordance with E-Rate rules and the SUNCOM E-Rate Enduser’s Funding Commitment Decision Letter (FCDL), issued by USAC. For those SUNCOM E-Rate Endusers who choose BEAR billing, the Respondent will bill the full amount for the services, in accordance with E-Rate rules. d. For SPI billing, the Service Provider will bill USAC for the discounted portion, in accordance with E-Rate rules. 2.05.2.8 Disputed Charges In the event of disputed charges, DMS shall provide the Service Provider with written notice within one hundred eighty (180) days of the date of the invoice of the disputed amounts. The written notice must also include why the charges are being disputed. DMS may withhold payment of a disputed charge, up to the amount of the dispute, only if DMS disputes such charge(s) within forty (40) days from the receipt of the bill. The Service Provider will use good faith efforts to resolve billing issues within sixty (60) days after the Service Provider receives the notification of the dispute with the supporting documentation. Particularly complex issues may take longer to resolve. When a billing issue is resolved in favor of DMS, the Service Provider shall credit DMS within a commercially reasonable timeframe. 2. Electronic Substantiating Detail Contract No.: DMS 10/11-008C Exhibit 2 Page 19 of 24 a. The monthly EDI detail file shall include one-time subscription periods, metered increments and installments for all charges attributable to a Service Account and Product/Service. Every discrete charge shall have a Charge Event. i. Subscription charges for periods when a Product/Service is available are derived from activation/deactivation dates defining the period when the subscription was active. The unique Charge Event identifier shall correspond to the active subscription period. ii. Services with incremental metered charges shall be directly metered from counted units. Each Charge Event shall correspond to a discrete activity such as phone call, single text sent, etc. iii. One-time purchase Charge Events shall occur when the purchase is satisfied with delivery. iv. Installment Charge Events shall cover the period associated with the particular periodic payment. 3. OaSIS Pre-Audit a. OaSIS shall pre-audit the Service Provider invoice monthly to match all charges against the current inventory of services and configurations being provided and to the prices associated with the Product/Service approved in the Catalog. b. An exception report shall be sent to the Service Provider detailing any charges inconsistent with the prices and inventory in OaSIS. DMS shall request credits for any exceptions on the current invoice. c. The Service Provider and DMS will reconcile OaSIS data with the Service Provider’s data if they do not substantially affect the integrity of the invoicing process, as solely defined by DMS. If reconciliation cannot be attained, DMS shall reject the invoice and request the Service Provider rescind the charges and submit a new invoice. d. Barring audit exceptions, DMS shall pay the Service Provider the total charges on behalf of all SUNCOM Endusers for services rendered. 4. Monthly Invoicing Detail Exception for Geotracking Geotracking data (interval location information) is reported separately from the monthly invoice via the web site portal for Field Force Manager. Billing for Field Force Manager is a line item charge which appears on the monthly invoice for that line of service, which includes other service associated with that line of service. 5. SUNCOM Invoicing: S7 a. Barring audit exceptions, DMS shall use the Service Provider’s electronic billing substantiating detail to invoice SUNCOM Endusers at SUNCOM prices, for services rendered. DMS shall notify SUNCOM Endusers via email when their invoice is available. Contract No.: DMS 10/11-008C Exhibit 2 Page 20 of 24 b. SUNCOM Endusers will use OaSIS to view their detailed invoices and pay their invoice. 2.06 Enduser Identification As result of negotiations with bidders for the State of Florida’s new Mobile Communications Services Invitation to Negotiate (ITN #DMS-10/11-008), and new information provided during those negotiations, the State is issuing this clarification regarding the requirement that the prevailing vendor(s) provide data to the Department of Management Services (DMS) that would otherwise be protected under the provisions of the Federal Communications Commission (FCC) restrictions on Customer Proprietary Network Information (CPNI). The table below effectively redefines “Intrinsic Customer” (as used in the ITN; those for whom “detailed account data” should be provided to DMS without any requirement for extra permission from users) to include all but the seven scenarios for “Eligible Endusers”. Eligible Endusers Current User of SUNCOM Billed by DivTel Currently Using SUNCOM Contract Billed by Vendor Current User of State Term Contract Current User of Other Contract Under “Participating Addendum” to State Term Contract All Other Contracts or Agreements State Agencies Detailed account data Detailed account data Detailed account data Detailed account data Detailed account data Legislative Detailed account data Detailed account data Detailed account data Detailed account data Contact only data Judicial Detailed account data Detailed account data Detailed account data Detailed account data Contact only data State Universities Detailed account data Detailed account data Detailed account data Detailed account data Contact only data Other Statutorily Established Political Subdivisions Detailed account data Detailed account data Detailed account data Detailed account data Contact only data Cities and Counties Detailed account data Detailed account data Detailed account data Detailed account data Contact only data Private Colleges, Private Libraries & Qualifying Nonprofits Detailed account data Detailed account data Detailed account data Contact only data Contact only data The column of “Eligible Endusers” is defined in Part III of Section 282 F.S. “Detailed account data” is defined by section 5.06.1, (2), (a) of ITN #DMS-10/11-008; “Mobile Communication Services”. This is data that is otherwise protected under CPNI restrictions. Contract No.: DMS 10/11-008C Exhibit 2 Page 21 of 24 “Contact only data” is defined in section 5.06.1, (2), (b) of ITN #DMS-10/11-008; “Mobile Communication Services”. This is data that is not protected under CPNI restrictions. State Agencies (Required Endusers) Providing DMS “detailed account data” for the entire row of “State Agencies” (five scenarios) is warranted because DMS is the aggregate purchaser of telecommunications services for state agencies and state agencies are (and were upon entering prior agreements) compelled to accede to DMS’ authority under Sections 282.702 and 282.703 F.S. Through these statutes, the Florida Legislature has effectively declared all its state agencies to be a single customer (to which CPNI restrictions apply), regardless of periodic independent agreements that any of them use to buy services (given that such agreements are superseded by this law that was in place prior to these agreements), and DMS is the administrative arm of that single customer. Eligible Endusers Relying Upon a State Contract Providing DMS “detailed account data” for another 23 scenarios is warranted for either of two reasons (i.e. each stands alone as a sufficient reason). These contracts consolidate participants into a single public sector customer. As with Florida Statutes mandating that DMS represent state agencies as a single customer, the State of Florida (through DMS) has also established consolidated purchasing contracts under Part I of Section 287 F.S., that include voluntarily participating public sector entities beyond state agencies. These agreements leverage Florida’s broader public sector as a single customer to achieve volume discounts, quality standards and ease of purchase. Any entity which voluntarily participates in these contracts (i.e. uses them to get these benefits) has effectively declared themselves to be a subsidiary of Florida’s public sector single customer (as it relates to the services they buy through the contract) and should have a natural expectation that Florida’s state government, as the provider of the contract, has access to relevant detailed information to measure the contract’s value and success, assess the vendor’s performance, establish expectations for future negotiations and, as is the case here, use the data to help transition users to the State’s replacement contracts (with minimal service disruption and administrative costs). This is in fact, consistent with current circumstances where vendors now provide such data that would otherwise be protected under CPNI. These contracts are being replaced by ITN #DMS-10/11-008 and vendors are permitted to share data for the purpose of (re)provisioning services. These contracts (or the DMS “Participating Addendum”) on which these customers now depend are being replaced by this new Florida government contract under negotiation. Affected users must transition to a new public sector contract in order to comply with state and local purchasing laws. According to paragraph III, A, 6 of the “Report and Order and Further Notice of Proposed Rulemaking” from the Federal Communications Commission released April 2, 2007, “…section 222 (C) (1) provides that a carrier may only use, disclose or permit access to customers’ CPNI in limited circumstances” which includes “(3) in its provision of the telecommunications service from which such information is derived, or services necessary to or used in the provision of such telecommunications service.” The business model described in the ITN, which all bidders have agreed to accommodate, and to which no alternative business process will be implemented by the State of Florida, requires that DMS obtain Contract No.: DMS 10/11-008C Exhibit 2 Page 22 of 24 “detailed account data” to continue enabling service to users under the new state contract. Therefore, providing such data to DMS is a prerequisite to “provision…telecommunications service”. Given that DMS’ statutory charge is to aggregate purchases on behalf of Florida’s public sector to attain costs savings and interoperability, and seeks this data for no purpose other than “provision of telecommunications service” so that it can achieve this charge, there should be no prohibition on sharing this CPNI data with DMS. Discretionary Eligible Endusers not Relying Upon a State Contract The State of Florida concedes that it has no standing to obtain customer data protected by CPNI for public sector entities that are not state agencies if those entities do not now cite a state contract as the basis for purchasing services. However, because it is DMS’ mission to maximize the volume of purchases under this new contract to achieve the highest level of discounts for Florida’s public sector and to enhance operational economies of scale (to the benefit of the vendor(s), the state and users), DMS intends to contact these customers to encourage their participation, then seek their permission to obtain their “detailed account data”. Providing “contact only data” merely requires identifying the vendor’s current public sector customer entities and providing means to contact them, but excludes quantifying the volume of their purchases, the nature of the services they buy (other than the broad category of mobile telecommunications), usage activity, billing or service account information, or any unique identifiers (like Mobile Telephone Numbers) associated with a specific service. 2.07 Verizon Wireless Equipment 2.07.1 New Equipment Wireless equipment purchased from the Service Provider may be returned for any reason (whether defective or not) within 30 days of the original date of purchase. A restocking fee may apply for returned equipment. If the Enduser decides to cancel service within 30 days of the original date of purchase, the Enduser shall not incur an Early Termination Fee. 2.07.2 Defective Equipment 1 to 12 months after Purchase If a device is found to be defective more than 30 days after the purchase date, the Service Provider can assist the Enduser with placing a warranty claim with the device manufacturer. Alternatively, if the Enduser would prefer a replacement device and the malfunctioning device is still within the manufacturer’s warranty period (typically one year), the Enduser may obtain a Certified Like-New Replacement device in exchange for the defective unit at no charge. The device may be exchanged by express courier by contacting Customer Service. 2.07.3 Defective Equipment 13 to 24 months after Purchase If the defective device is beyond the manufacturer’s warranty period, the Service Provider will offer a Certified Pre-Owned device for purchase. Note on Certified Like-New Replacement and Certified Pre-Owned devices: To ensure the Enduser is provided only the highest quality replacement devices, the Service Provider Certified Pre-Owned and Certified Like-New Replacement devices undergo a thorough repair and refurbishment process and must pass a 100+ point quality check in 10 key areas. 2.07.4 Defective Equipment more than 24 months after Purchase Contract No.: DMS 10/11-008C Exhibit 2 Page 23 of 24 If a device is found to be defective more than 24 months after the purchase date and is not covered by an equipment protection program, the Enduser may be eligible to upgrade at the discounted corporate equipment price. [Note: This does not apply to Extended Warranty or Total Equipment Coverage customers.] 2.07.5 Equipment Protection Programs The Service Provider offers the following programs available for an additional monthly fee: Total Equipment Coverage - Total Equipment Coverage includes Asurion Wireless Phone Protection and Verizon Wireless’ Extended Warranty. Total Equipment Coverage is the best value for our customers, providing complete coverage against loss, theft, accidental damage and defects after the manufacturer's warranty expires. Replacement equipment units will be provided under the applicable program guidelines. Your employees may add Total Equipment Coverage within 30 days after equipment activation or upgrade. There is a per-line monthly fee for this program and each approved insurance claim is subject to a deductible. Mobile Recovery is included with Total Equipment Coverage at no additional cost and provides the following features to aid employees who may have misplaced a device: device location using GPS, sound alarms, remote device lock and remote device wipe. Your employees can visit www.MyMobileRecovery.com to download the Mobile Recovery application, or text getmr to 6967 for download instructions; they can visit www.mymobilerecovery.com/phones_supported to see a list of available devices. Asurion Wireless Phone Protection1 - Within 30 days of activating a new device2, you may purchase device insurance through Verizon Wireless but provided by Asurion3. Verizon Wireless will bill your account, on behalf of Asurion, for each insured device. These insured devices will be covered for loss, theft and accidental damage, subject to certain restrictions and exclusions4. For approved claims, Asurion will provide new or refurbished replacement devices upon receipt of a deductible payment5. Extended Warranty - Under the Extended Warranty Program, managed by Verizon Wireless, eligible handset equipment will be covered for electrical and mechanical malfunctions and manufacturer defects only after the manufacturer’s warranty expires. Verizon Wireless will exchange defective equipment after the 13th month and as long as the customer is paying the Extended Warranty or Total Equipment Coverage monthly fee with a certified like new unit. The Extended Warranty is available for purchase within 30 days of activation or equipment upgrade. Note: Certified Like-New Replacements are available at no charge through the Extended Warranty Program. 1 Subject to availability. For more information about additional terms, contact Asurion at 1-888-881-2622. 2 Netbooks sold through Service Provider are eligible for lost, stolen and accidental damage insurance under the Asurion Wireless Phone Protection (WPP) Program. This includes HP Netbooks as well as future Netbooks launched by Service Provider. 3 You may cancel your coverage at any time and receive a pro-rated refund of your unused premium. 4 Subscribers are limited to two claims within a 12 month period (two claim limit per policy year in New York) with a device maximum of $1500 for advanced devices and $400 for phones. 5Asurion may fulfill claims with new or remanufactured equipment. In general, claims are fulfilled with the same make and model you claim. If this is not possible, a like-kind make and model will be substituted. Color, feature and accessory compatibility are not guaranteed. See www.phoneclaim.com/verizon for a complete brochure on equipment protection, including Asurion Wireless Phone Protection. Contract No.: DMS 10/11-008C Exhibit 2 Page 24 of 24 EXHIBIT 1-A Pricing for Digital Voice Services Amendment No. 8 Parameters:a1 b1 c1 d3 e3 f3 Plan Price Straight Rate (col d3 ÷ col b1) Variance from Target 1.1a 500,000 Tier 1 $26,000 0.0520 0.0080 1.2a 550,000 Tier 1 $28,600 0.0520 0.0080 1.3a 605,000 Tier 1 $31,460 0.0520 0.0080 1.4a 666,000 Tier 1 $34,632 0.0520 0.0080 1.5a 733,000 Tier 1 $38,116 0.0520 0.0080 1.6a 806,000 Tier 1 $41,912 0.0520 0.0080 If you intend to submit 1.7a 887,000 Tier 1 $46,124 0.0520 0.0080 nationwide rates for 1.8a 976,000 Tier 1 $50,752 0.0520 0.0080 Wireless Voice Minutes,1.9a 1,074,000 Tier 1 $54,774 0.0510 0.0070 please check this box.1.10a 1,181,000 Tier 1 $60,231 0.0510 0.0070 TRUE 1.11a 1,299,000 Tier 1 $66,249 0.0510 0.0070 1.12a 1,429,000 Tier 1 $72,879 0.0510 0.0070 If you do not intend to 1.13a 1,572,000 Tier 1 $78,600 0.0500 0.0060 submit pricing for 1.14a 1,729,000 Tier 1 $86,450 0.0500 0.0060 Satellite Minutes,1.15a 1,902,000 Tier 1 $95,100 0.0500 0.0060 please check this box.1.16a 2,092,000 Tier 1 $102,508 0.0490 0.0050 TRUE 1.17a 2,301,000 Tier 2 $112,749 0.0490 0.0090 1.18a 2,531,000 Tier 2 $124,019 0.0490 0.0090 Note:1.19a 2,784,000 Tier 2 $133,632 0.0480 0.0080 Rd 120 WIRELESS VOICE MINUTES NATIONWIDEPLAN # MONTHLY PLAN QUANTITY (Minutes) TIER Unit : Minutes Min .Vol: 500,000 Max Req. Vol: 30,164,000 Req. Plans: 1.1a - 1.44a Req. Columns: either d3 OR d1 and d2 Optn'l Columns: d4 Respondents may now 1.20a 3,062,000 Tier 2 $146,976 0.0480 0.0080 provide a flat, monthly 1.21a 3,368,000 Tier 2 $161,664 0.0480 0.0080 satellite services fee on 1.22a 3,705,000 Tier 2 $177,840 0.0480 0.0080 Exhibit 6.1.23a 4,076,000 Tier 2 $191,572 0.0470 0.0070 1.24a 4,484,000 Tier 3 $210,748 0.0470 0.0120 1.25a 4,932,000 Tier 3 $231,804 0.0470 0.0120 1.26a 5,425,000 Tier 3 $254,975 0.0470 0.0120 1.27a 5,968,000 Tier 3 $280,496 0.0470 0.0120 1.28a 6,565,000 Tier 3 $301,990 0.0460 0.0110 1.29a 7,222,000 Tier 3 $332,212 0.0460 0.0110 1.30a 7,944,000 Tier 3 $365,424 0.0460 0.0110 1.31a 8,738,000 Tier 4 $401,948 0.0460 0.0160 1.32a 9,612,000 Tier 4 $432,540 0.0450 0.0150 1.33a 10,573,000 Tier 4 $475,785 0.0450 0.0150 1.34a 11,630,000 Tier 4 $523,350 0.0450 0.0150 1.35a 12,793,000 Tier 4 $562,892 0.0440 0.0140 1.36a 14,072,000 Tier 5 $619,168 0.0440 0.0170 1.37a 15,479,000 Tier 5 $665,597 0.0430 0.0160 1.38a 17,027,000 Tier 5 $732,161 0.0430 0.0160 1.39a 18,730,000 Tier 5 $786,660 0.0420 0.0150 1.40a 20,603,000 Tier 6 $844,723 0.0410 0.0170 1.41a 22,663,000 Tier 6 $929,183 0.0410 0.0170 1.42a 24,929,000 Tier 6 $997,160 0.0400 0.0160 1.43a 27,422,000 Tier 6 $1,096,880 0.0400 0.0160 1.44a 30,164,000 Tier 6 $1,206,560 0.0400 0.0160 EXHIBIT 1-BPricing for FeaturesAmendment No. 8Parameters:a bcd1e1d2e2 d3 e3d4e4 d5 e5d6e6Plan PriceStraight Rate (col d1 ÷ col b)Plan PriceStraight Rate (col d2 ÷ col b)Plan PriceStraight Rate (col d3 ÷ col b)Plan PriceStraight Rate (col d4 ÷ col b)Plan PriceStraight Rate (col d5 ÷ col b)Plan PriceStraight Rate (col d6 ÷ col b)1B.1 2,500 Tier 1 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A1B.2 2,750 Tier 1 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A1B.3 3,025 Tier 1 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A1B.4 3,330 Tier 1 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A1B.5 3,665 Tier 1 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A2001B.6 4,030 Tier 1 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A* For each of the following1B.7 4,435 Tier 1 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/Afeatures, please indicate if1B.8 4,880 Tier 1 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/Athe charge is included in the1B.9 5,370 Tier 1 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/Avoice rates you provided1B.10 5,905 Tier 1 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/Aon Exhibit 1-A by checking1B.11 6,495 Tier 1 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/Athe associated box:1B.12 7,145 Tier 1 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A##Call-forwarding1B.13 7,860 Tier 1 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A##Call-waiting1B.14 8,645 Tier 1 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A##Three-way Calling1B.15 9,510 Tier 1 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A##Voicemail1B.16 10,460 Tier 1 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A##Caller ID1B.17 11,505 Tier 2 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A##ID Blocking1B.18 12,655 Tier 2 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A1B.19 13,920 Tier 2 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A1B.20 15,310 Tier 2 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/ATHREE-WAY CALLINGVOICEMAILCALLER IDID BLOCKINGPLAN #MONTHLY PLAN QUANTITY (Subscriptions)TIERCALL FORWARDINGCALL WAITINGUnit: SubscriptionsMin .Vol: 2,500Max Req. Vol:150,820Req. Plans: 1B.1 - 1B.44*Req. Columns: d1 - d6*Optn'l Columns: None*,////////////1B.21 16,840 Tier 2 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A1B.22 18,525 Tier 2 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A1B.23 20,380 Tier 2 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A1B.24 22,420 Tier 3 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A1B.25 24,660 Tier 3 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A1B.26 27,125 Tier 3 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A1B.27 29,840 Tier 3 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A1B.28 32,825 Tier 3 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A1B.29 36,110 Tier 3 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A1B.30 39,720 Tier 3 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A1B.31 43,690 Tier 4 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A1B.32 48,060 Tier 4 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A1B.33 52,865 Tier 4 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A1B.34 58,150 Tier 4 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A1B.35 63,965 Tier 4 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A1B.36 70,360 Tier 5 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A1B.37 77,395 Tier 5 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A1B.38 85,135 Tier 5 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A1B.39 93,650 Tier 5 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A1B.40 103,015 Tier 6 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A1B.41 113,315 Tier 6 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A1B.42 124,645 Tier 6 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A1B.43 137,110 Tier 6 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A1B.44 150,820 Tier 6 N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A EXHIBIT 2-A Pricing for Wireless Data Services Amendment No. 8 Parameters:a1 c1 d1 e1 Plan Price Straight Rate (col d1 ÷ col b1) Variance from Target 2.1a 500,000 Megabytes Tier 1 48,000 0.0960 0.0610 2.2a 1,000,000 Megabytes Tier 1 95,000 0.0950 0.0600 2.3a 1,100,000 Megabytes Tier 1 102,300 0.0930 0.0580 2.4a 1,210,000 Megabytes Tier 1 111,320 0.0920 0.0570 2.5a 1,331,000 Megabytes Tier 1 121,121 0.0910 0.0560 2.6a 1,464,000 Megabytes Tier 1 130,296 0.0890 0.0540 2.7a 1,610,000 Megabytes Tier 1 140,070 0.0870 0.0520 2.8a 1,771,000 Megabytes Tier 1 150,535 0.0850 0.0500 2.9a 1,948,000 Megabytes Tier 2 163,632 0.0840 0.0520 If you do not intend to 2.10a 2,143,000 Megabytes Tier 2 180,012 0.0840 0.0520 submit pricing for pooled 2.11a 2,357,000 Megabytes Tier 2 195,631 0.0830 0.0510 Wireless Data ,2.12a 2,593,000 Megabytes Tier 2 215,219 0.0830 0.0510 please check this box.2.13a 2,852,000 Megabytes Tier 2 236,716 0.0830 0.0510 FALSE 2.14a 3,137,000 Megabytes Tier 2 260,371 0.0830 0.0510 2.15a 3,451,000 Megabytes Tier 2 286,433 0.0830 0.0510 WIRELESS DATA b1 PLAN #UNIT MONTHLY PLAN QUANTITY TIER Unit: Megabytes Min .Vol: 500,000 MB Max Req. Vol: 23,221,000MB Req. Plans: 2.1a - 2.35a* Req. Columns: d1* Optn'l Columns: d2 * Submitting rates for data plans on Exhibit 6 will also satisfy this requirement. If you do not intend to 2.16a 3,796,000 Megabytes Tier 3 303,680 0.0800 0.0510 submit pricing for 2.17a 4,176,000 Megabytes Tier 3 334,080 0.0800 0.0510 Satellite Data,2.18a 4,594,000 Megabytes Tier 3 367,520 0.0800 0.0510 please check this box.2.19a 5,053,000 Megabytes Tier 3 404,240 0.0800 0.0510 TRUE 2.20a 5,558,000 Megabytes Tier 3 444,640 0.0800 0.0510 2.21a 6,114,000 Megabytes Tier 4 421,866 0.0690 0.0440 Note:2.22a 6,725,000 Megabytes Tier 4 464,025 0.0690 0.0440 Respondents may now 2.23a 7,398,000 Megabytes Tier 4 510,462 0.0690 0.0440 provide a flat, monthly 2.24a 8,138,000 Megabytes Tier 4 561,522 0.0690 0.0440 satellite services fee on 2.25a 8,952,000 Megabytes Tier 4 617,688 0.0690 0.0440 Exhibit 6.2.26a 9,847,000 Megabytes Tier 5 600,667 0.0610 0.0410 2.27a 10,832,000 Megabytes Tier 5 660,752 0.0610 0.0410 2.28a 11,915,000 Megabytes Tier 5 726,815 0.0610 0.0410 2.29a 13,107,000 Megabytes Tier 5 799,527 0.0610 0.0410 2.30a 14,418,000 Megabytes Tier 5 879,498 0.0610 0.0410 2.31a 15,860,000 Megabytes Tier 5 967,460 0.0610 0.0410 2.32a 17,446,000 Megabytes Tier 6 994,422 0.0570 0.0420 2.33a 19,191,000 Megabytes Tier 6 1,036,314 0.0540 0.0390 2.34a 21,110,000 Megabytes Tier 6 1,097,720 0.0520 0.0370 2.35a 23,221,000 Megabytes Tier 6 1,207,492 0.0520 0.0370 EXHIBIT 2-B Pricing for Push-to-Talk Services Amendment No. 8 Parameters:a b c1 d1 e1 d3 e3 d2 e2 d3 e3 Plan Price Straight Rate (col d1 ÷ col b) Variance from Target Plan Price Straight Rate (col d3 ÷ col b) Variance from Target Plan Price Straight Rate (col d2 ÷ col b) Variance from Target Plan Price Straight Rate (col d3 ÷ col b) Variance from Target 2B.1 100 Tier 1 1,000 10.0000 2.0000 1,000 10.0000 2.0000 Please also provide 2B.2 200 Tier 1 2,000 10.0000 2.0000 2,000 10.0000 2.0000 the hourly rate for 2B.3 300 Tier 1 3,000 10.0000 2.0000 3,000 10.0000 2.0000 setup/install services 2B.4 400 Tier 1 4,000 10.0000 2.0000 4,000 10.0000 2.0000 related to Push-to-Talk 2B.5 500 Tier 1 5,000 10.0000 2.0000 5,000 10.0000 2.0000 Interoperability systems. 2B.6 700 Tier 1 7,000 10.0000 2.0000 7,000 10.0000 2.0000 2B.7 900 Tier 1 9,000 10.0000 2.0000 9,000 10.0000 2.0000 If you do not intend to 2B.8 1,200 Tier 1 12,000 10.0000 2.0000 12,000 10.0000 2.0000 submit pricing for 2B.9 1,400 Tier 2 14,000 10.0000 2.5000 14,000 10.0000 2.5000 Push-to-Talk service 2B.10 1,700 Tier 2 17,000 10.0000 2.5000 17,000 10.0000 2.5000 please check this box.2B.11 2,000 Tier 2 20,000 10.0000 2.5000 20,000 10.0000 2.5000 FALSE 2B.12 2,400 Tier 2 24,000 10.0000 2.5000 24,000 10.0000 2.5000 2B.13 3,000 Tier 2 30,000 10.0000 2.5000 30,000 10.0000 2.5000 If you do not intend to 2B.14 4,000 Tier 2 40,000 10.0000 2.5000 40,000 10.0000 2.5000 submit pricing for 2B.15 5,000 Tier 2 50,000 10.0000 2.5000 50,000 10.0000 2.5000 P-t-T Interoperabiity 2B.16 6,000 Tier 2 60,000 10.0000 2.5000 60,000 10.0000 2.5000 -$ PLAN # MONTHLY PLAN QUANTITY TIER PUSH-to-TALK (CDMA)P-t-T INTEROPERABILITY (Iden)PUSH-to-TALK (Iden)P-t-T INTEROPERABILITY (CDMA)Unit: Subscriptions Min .Vol: None Max Req. Vol: None Req. Plans: None Req. Columns: None Optn'l Columns: All please check this box.2B.17 7,000 Tier 2 70,000 10.0000 2.5000 70,000 10.0000 2.5000 FALSE 2B.18 8,000 Tier 2 80,000 10.0000 2.5000 80,000 10.0000 2.5000 2B.19 9,000 Tier 3 87,750 9.7500 2.7500 81,000 9.0000 2.0000 2B.20 10,000 Tier 3 97,500 9.7500 2.7500 90,000 9.0000 2.0000 2B.21 11,000 Tier 3 107,250 9.7500 2.7500 99,000 9.0000 2.0000 2B.22 12,000 Tier 3 117,000 9.7500 2.7500 108,000 9.0000 2.0000 2B.23 13,000 Tier 3 126,750 9.7500 2.7500 117,000 9.0000 2.0000 2B.24 14,000 Tier 3 136,500 9.7500 2.7500 126,000 9.0000 2.0000 2B.25 15,000 Tier 3 146,250 9.7500 2.7500 135,000 9.0000 2.0000 2B.26 17,000 Tier 4 161,500 9.5000 2.7500 153,000 9.0000 2.2500 2B.27 19,000 Tier 4 180,500 9.5000 2.7500 171,000 9.0000 2.2500 2B.28 21,000 Tier 4 194,250 9.2500 2.5000 189,000 9.0000 2.2500 2B.29 23,000 Tier 4 212,750 9.2500 2.5000 207,000 9.0000 2.2500 2B.30 25,000 Tier 5 231,250 9.2500 2.7500 200,000 8.0000 1.5000 2B.31 28,000 Tier 5 259,000 9.2500 2.7500 224,000 8.0000 1.5000 2B.32 31,000 Tier 5 286,750 9.2500 2.7500 248,000 8.0000 1.5000 2B.33 34,000 Tier 5 306,000 9.0000 2.5000 272,000 8.0000 1.5000 2B.34 37,000 Tier 6 333,000 9.0000 2.7500 296,000 8.0000 1.7500 2B.35 41,000 Tier 6 369,000 9.0000 2.7500 328,000 8.0000 1.7500 2B.36 45,000 Tier 6 393,750 8.7500 2.5000 360,000 8.0000 1.7500 2B.37 50,000 Tier 6 437,500 8.7500 2.5000 400,000 8.0000 1.7500 EXHIBIT 3-A Pricing for Messaging Services Amendment No. 8 Parameters:abcd1e1f1d2e2 Plan Price Straight Rate (col d1 ÷ col b) Variance from Target Plan Price Straight Rate (col d2 ÷ col b) 3.1 10,000 Tier 1 200 0.0200 0.0100 500 0.0500 3.2 30,000 Tier 1 600 0.0200 0.0100 1,500 0.0500 3.3 38,000 Tier 1 760 0.0200 0.0100 1,900 0.0500 3.4 48,000 Tier 1 960 0.0200 0.0100 2,400 0.0500 3.5 60,000 Tier 1 1,200 0.0200 0.0100 3,000 0.0500 3.6 75,000 Tier 1 1,500 0.0200 0.0100 3,750 0.0500 3.7 94,000 Tier 1 1,880 0.0200 0.0100 4,700 0.0500 If you intend to submit 3.8 118,000 Tier 1 2,360 0.0200 0.0100 5,900 0.0500 a single rate for both 3.9 148,000 Tier 2 2,960 0.0200 0.0120 7,400 0.0500 SMS & MMS protocols,3.10 185,000 Tier 2 3,700 0.0200 0.0120 9,250 0.0500 please check this box.3.11 231,000 Tier 2 4,620 0.0200 0.0120 11,550 0.0500 FALSE 3.12 289,000 Tier 2 5,780 0.0200 0.0120 14,450 0.0500 3.13 361,000 Tier 2 7,220 0.0200 0.0120 18,050 0.0500 3.14 451,000 Tier 2 8,120 0.0180 0.0100 22,550 0.0500 3.15 564,000 Tier 2 10,150 0.0180 0.0100 28,200 0.0500 3.16 620,000 Tier 3 11,160 0.0180 0.0110 31,000 0.0500 3.17 682,000 Tier 3 12,280 0.0180 0.0110 34,100 0.0500 3.18 750,000 Tier 3 13,500 0.0180 0.0110 37,500 0.0500 319 825 000 Ti 3 14 025 0 0170 0 0100 41 250 0 0500 PLAN # MONTHLY PLAN QUANTITY TIER SMS (TEXT) MESSAGING MMS MESSAGINGUnit: Messages Min .Vol: 10,000 Max Req. Vol: 8,136,000 Req. Plans: 3.1 - 3.43 Req. Columns: d1 OR d3 Optn'l Columns: d2, d4 3.19 825,000 Tier 3 14,025 0.0170 0.0100 41,250 0.0500 3.20 908,000 Tier 3 15,425 0.0170 0.0100 45,400 0.0500 3.21 999,000 Tier 3 17,000 0.0170 0.0100 49,950 0.0500 3.22 1,099,000 Tier 3 18,700 0.0170 0.0100 54,950 0.0500 3.23 1,209,000 Tier 3 20,550 0.0170 0.0100 60,450 0.0500 3.24 1,330,000 Tier 3 22,600 0.0170 0.0100 66,500 0.0500 TRUE 3.25 1,463,000 Tier 3 24,900 0.0170 0.0100 73,150 0.0500 3.26 1,609,000 Tier 4 27,350 0.0170 0.0110 64,360 0.0400 3.27 1,770,000 Tier 4 28,300 0.0160 0.0100 70,800 0.0400 3.28 1,947,000 Tier 4 31,200 0.0160 0.0100 77,880 0.0400 3.29 2,142,000 Tier 4 34,300 0.0160 0.0100 85,680 0.0400 3.30 2,356,000 Tier 4 37,700 0.0160 0.0100 94,240 0.0400 3.31 2,592,000 Tier 5 41,500 0.0160 0.0110 103,680 0.0400 3.32 2,851,000 Tier 5 45,600 0.0160 0.0110 114,040 0.0400 3.33 3,136,000 Tier 5 47,000 0.0150 0.0100 125,440 0.0400 3.34 3,450,000 Tier 5 51,750 0.0150 0.0100 138,000 0.0400 3.35 3,795,000 Tier 5 56,925 0.0150 0.0100 151,800 0.0400 3.36 4,175,000 Tier 5 62,625 0.0150 0.0100 167,000 0.0400 3.37 4,593,000 Tier 6 68,895 0.0150 0.0110 183,720 0.0400 3.38 5,052,000 Tier 6 75,780 0.0150 0.0110 202,080 0.0400 3.39 5,557,000 Tier 6 83,355 0.0150 0.0110 222,280 0.0400 3.40 6,113,000 Tier 6 91,695 0.0150 0.0110 244,520 0.0400 3.41 6,724,000 Tier 6 100,860 0.0150 0.0110 268,960 0.0400 3.42 7,396,000 Tier 6 110,940 0.0150 0.0110 295,840 0.0400 3.43 8,136,000 Tier 6 122,040 0.0150 0.0110 325,440 0.0400 EXHIBIT 3-B Pricing for SMS (Text) Message Broadcasting Amendment No. 8 Parameters:abcd e f Plan Price Straight Rate (col d ÷ col b) Variance from Target 3B.1 500 Tier 1 10 0.0200 0.0100 This solicitation calls for an hourly rate 3B.2 600 Tier 1 12 0.0200 0.0100 associated with carrier-development of 3B.3 800 Tier 1 16 0.0200 0.0100 an application program interface. Please 3B.4 1,000 Tier 1 20 0.0200 0.0100 provide that figure in the space provided: 3B.5 1,300 Tier 1 26 0.0200 0.0100 3B.6 1,600 Tier 1 32 0.0200 0.0100 3B.7 2,000 Tier 1 40 0.0200 0.0100 If you do not intend to 3B.8 2,500 Tier 1 50 0.0200 0.0100 offer SMS Broadcasting 3B.9 3,100 Tier 1 62 0.0200 0.0100 services, please check 3B.10 4,000 Tier 1 80 0.0200 0.0100 this box.3B.11 5,000 Tier 1 100 0.0200 0.0100 FALSE 3B.12 6,000 Tier 1 120 0.0200 0.0100 3B.13 8,000 Tier 1 160 0.0200 0.0100 Note:3B.14 10,000 Tier 1 200 0.0200 0.0100 Respondents may now 3B.15 13,000 Tier 1 260 0.0200 0.0100 provide a monthly fee 3B.16 16,000 Tier 2 320 0.0200 0.0120 for message broadcasting 3B.17 20,000 Tier 2 400 0.0200 0.0120 on Exhibit 6 in addition to 3B.18 25,000 Tier 2 500 0.0200 0.0120 any rates submitted on this 3B.19 31,000 Tier 2 620 0.0200 0.0120 exhibit.3B.20 39,000 Tier 2 780 0.0200 0.0120 3B 21 49 000 Tier 2 980 0 0200 0 0120 -$ PLAN # MONTHLY PLAN QUANTITY TIER SMS (TEXT) BROADCASTINGUnit:Message Recipients Min .Vol: None Max Req. Vol: None Req. Plans: None Req. Columns: None 3B.21 49,000 Tier 2 980 0.0200 0.0120 3B.22 61,000 Tier 2 1,220 0.0200 0.0120 3B.23 76,000 Tier 2 1,520 0.0200 0.0120 3B.24 95,000 Tier 2 1,900 0.0200 0.0120 3B.25 119,000 Tier 2 2,380 0.0200 0.0120 3B.26 131,000 Tier 3 1,965 0.0150 0.0080 3B.27 144,000 Tier 3 2,160 0.0150 0.0080 3B.28 158,000 Tier 3 2,370 0.0150 0.0080 3B.29 174,000 Tier 3 2,610 0.0150 0.0080 3B.30 191,000 Tier 3 2,865 0.0150 0.0080 3B.31 210,000 Tier 3 3,150 0.0150 0.0080 3B.32 231,000 Tier 3 3,465 0.0150 0.0080 3B.33 254,000 Tier 4 3,810 0.0150 0.0090 3B.34 279,000 Tier 4 4,185 0.0150 0.0090 3B.35 307,000 Tier 4 4,605 0.0150 0.0090 3B.36 338,000 Tier 4 5,070 0.0150 0.0090 3B.37 372,000 Tier 4 5,580 0.0150 0.0090 3B.38 409,000 Tier 4 6,135 0.0150 0.0090 3B.39 450,000 Tier 4 6,750 0.0150 0.0090 3B.40 495,000 Tier 4 7,425 0.0150 0.0090 3B.41 545,000 Tier 4 8,175 0.0150 0.0090 3B.42 600,000 Tier 4 9,000 0.0150 0.0090 3B.43 660,000 Tier 5 9,900 0.0150 0.0100 3B.44 726,000 Tier 5 10,890 0.0150 0.0100 3B.45 799,000 Tier 5 11,985 0.0150 0.0100 3B.46 879,000 Tier 5 13,185 0.0150 0.0100 3B.47 967,000 Tier 5 14,505 0.0150 0.01003B.47 967,000 Tier 5 14,505 0.0150 0.0100 3B.48 1,064,000 Tier 5 15,960 0.0150 0.0100 3B.49 1,170,000 Tier 5 17,550 0.0150 0.0100 3B.50 1,287,000 Tier 5 19,305 0.0150 0.0100 3B.51 1,416,000 Tier 5 21,240 0.0150 0.0100 3B.52 1,558,000 Tier 5 23,370 0.0150 0.0100 3B.53 1,714,000 Tier 5 25,710 0.0150 0.0100 3B.54 1,885,000 Tier 6 28,275 0.0150 0.0110 3B.55 2,074,000 Tier 6 31,110 0.0150 0.0110 3B.56 2,281,000 Tier 6 34,215 0.0150 0.0110 3B.57 2,509,000 Tier 6 37,635 0.0150 0.0110 3B.58 2,760,000 Tier 6 41,400 0.0150 0.0110 3B.59 3,036,000 Tier 6 45,540 0.0150 0.0110 3B.60 3,340,000 Tier 6 50,100 0.0150 0.0110 3B.61 3,674,000 Tier 6 55,110 0.0150 0.0110 EXHIBIT 3-C Pricing for Message Logging Service Amendment No. 8 Parameters:abcd1e1f1d2e2 Plan Price Straight Rate (col d1 ÷ col b) Variance from Target Plan Price Straight Rate (col d2 ÷ col b) 3C.1 10,000 Tier 1 3C.2 30,000 Tier 1 3C.3 38,000 Tier 1 3C.4 48,000 Tier 1 3C.5 60,000 Tier 1 3C.6 75,000 Tier 1 3C.7 94,000 Tier 1 * Note:3C.8 118,000 Tier 1 You must provide pricing for 3C.9 148,000 Tier 2 logging services for any messaging 3C.10 185,000 Tier 2 protocol for which pricing was 3C.11 231,000 Tier 2 submitted on Exhibit 3-A.3C.12 289,000 Tier 2 This requirement may also be met 3C.13 361,000 Tier 2 by providing logging services 3C.14 451,000 Tier 2 as a flat, monthly fee on Exhibit 6.3C.15 564,000 Tier 2 Any respondent who elects to provide 3C.16 620,000 Tier 3 such a fee, may omit this exhibit.3C.17 682,000 Tier 3 Rates may not be submitted on 3C.18 750,000 Tier 3 b th hibit 3C 19 825 000 3 PLAN # MONTHLY PLAN QUANTITY TIER MMS MESSAGE LOGGISMS MESSAGE LOGGINGUnit: Messages Min .Vol: Max Req. Vol: Req. Plans: Req. Columns: d1 Optn'l Columns: None Unit: Messages Min .Vol: 10,000 Max Req. Vol: 8,136,000 Req. Plans: 3C.1 - 3C.43 Req. Columns: d1* Optn'l Columns: d2*, d3* both exhibits.3C.19 825,000 Tier 3 3C.20 908,000 Tier 3 3C.21 999,000 Tier 3 3C.22 1,099,000 Tier 3 3C.23 1,209,000 Tier 3 3C.24 1,330,000 Tier 3 3C.25 1,463,000 Tier 3 3C.26 1,609,000 Tier 4 3C.27 1,770,000 Tier 4 3C.28 1,947,000 Tier 4 3C.29 2,142,000 Tier 4 3C.30 2,356,000 Tier 4 3C.31 2,592,000 Tier 5 3C.32 2,851,000 Tier 5 3C.33 3,136,000 Tier 5 3C.34 3,450,000 Tier 5 3C.35 3,795,000 Tier 5 3C.36 4,175,000 Tier 5 3C.37 4,593,000 Tier 6 3C.38 5,052,000 Tier 6 3C.39 5,557,000 Tier 6 3C.40 6,113,000 Tier 6 3C.41 6,724,000 Tier 6 3C.42 7,396,000 Tier 6 3C.43 8,136,000 Tier 6 EXHIBIT 4 Pricing for Geographical Device Tracking Service Amendment No. 8 Parameters:abcd e Plan Price Straight Rate (col d ÷ col b) 4.1 1,000 Tier 1 20 0.0200 4.2 1,300 Tier 1 26 0.0200 4.3 1,600 Tier 1 32 0.0200 4.4 2,000 Tier 1 40 0.0200 4.5 2,500 Tier 1 50 0.0200 4.6 3,100 Tier 1 62 0.0200 4.7 3,900 Tier 1 78 0.0200 If you do not intend to submit 4.8 4,900 Tier 1 98 0.0200 pricing for this form of 4.9 6,100 Tier 1 122 0.0200 Geographical Device Tracking,4.10 7,600 Tier 1 152 0.0200 please check this box.4.11 9,500 Tier 1 190 0.0200 FALSE 4.12 11,900 Tier 2 238 0.0200 4.13 14,900 Tier 2 298 0.0200 Note:4.14 18,600 Tier 2 372 0.0200 The rates requested on this 4.15 23,300 Tier 2 466 0.0200 exhibit pertain to an after-the-4.16 29,100 Tier 2 582 0.0200 fact file transfer of GeoTracking 4.17 36,400 Tier 2 728 0.0200 data.4.18 45,500 Tier 2 910 0.0200 Pricing for a GUI or other 4.19 56,900 Tier 2 1138 0.0200 application providing 4.20 71,100 Tier 2 1422 0.0200 customers with the ability 421 88 900 Ti 2 1778 0 0200 PLAN # MONTHLY PLAN QUANTITY TIER GEOGRAPHICAL DAUnit: Records Min .Vol: None Max Req. Vol: None Req. Plans: None Req. Columns: None Optn'l Columns: d customers with the ability 4.21 88,900 Tier 2 1778 0.0200 to track devices instantly 4.22 111,100 Tier 3 2222 0.0200 may be provided on Exhibit 6.4.23 138,900 Tier 3 2778 0.0200 4.24 173,600 Tier 3 3472 0.0200 4.25 217,000 Tier 3 4340 0.0200 4.26 250,000 Tier 3 5000 0.0200 4.27 288,000 Tier 3 4320 0.0150 4.28 331,000 Tier 3 4965 0.0150 4.29 381,000 Tier 3 5715 0.0150 4.30 438,000 Tier 3 6570 0.0150 4.31 504,000 Tier 3 7560 0.0150 4.32 580,000 Tier 3 7540 0.0130 4.33 667,000 Tier 3 8671 0.0130 4.34 767,000 Tier 3 9971 0.0130 4.35 882,000 Tier 3 11466 0.0130 4.36 1,014,000 Tier 4 13182 0.0130 4.37 1,166,000 Tier 4 15158 0.0130 4.38 1,341,000 Tier 4 17433 0.0130 4.39 1,542,000 Tier 4 20046 0.0130 4.40 1,773,000 Tier 4 23049 0.0130 4.41 2,039,000 Tier 4 26507 0.0130 4.42 2,345,000 Tier 4 30485 0.0130 4.43 2,580,000 Tier 4 33540 0.0130 4.44 2,838,000 Tier 4 36894 0.0130 4.45 3,122,000 Tier 4 40586 0.0130 4.46 3,434,000 Tier 4 44642 0.0130 447 3 777 000 Tier 4 49101 0 01304.47 3,777,000 Tier 4 49101 0.0130 4.48 4,155,000 Tier 4 54015 0.0130 4.49 4,571,000 Tier 4 59423 0.0130 4.50 5,028,000 Tier 5 65364 0.0130 4.51 5,531,000 Tier 5 71903 0.0130 4.52 6,084,000 Tier 5 79092 0.0130 4.53 6,692,000 Tier 5 86996 0.0130 4.54 7,361,000 Tier 5 95693 0.0130 4.55 8,097,000 Tier 5 105261 0.0130 4.56 8,907,000 Tier 5 115791 0.0130 4.57 9,798,000 Tier 6 127374 0.0130 4.58 10,778,000 Tier 6 140114 0.0130 4.59 11,856,000 Tier 6 154128 0.0130 4.60 13,042,000 Tier 6 169546 0.0130 4.61 14,346,000 Tier 6 186498 0.0130 EXHIBIT 5 Pricing for Equipment Amendment No. 8 Parameters: Yes Device Category * Minimum Disc % Conventional (Tier 2)25% Smartphone (Tier 3)25% Push-to-Talk 25% Hybrid/Satellite Wi-Fi Smartphone Type/System * Minimum Disc % Interoperability Interface (or Gateway) Indoor Cellular Signal Amplifier System 25% Wireless Cellular Router (or equivalent)25% Wireless 4GLTE Modem Device Please select Yes or No to indicate if you intend to offer at least one conventional device at no additional cost (Tier 1): Handheld Device Discounts Customer Premise Equipment Discounts Description Description (including # of supported users) One (1) voice or PTT device at 25% discount off full retail One (1) voice or PTT device at 10,000 Line 2 Year Tier Discount/Promo One (1) Device Portfolio Yet to Be Determined Currently Network Extender But Device May Change Handheld Device Discounts:Required CPE Discounts: Optional Volume Discounts: Optional Accessories Discount: Required Additional % Handheld Devices (irrespective of category): (example)≥20,000 1% (Tier 4)≥No additional volume discounts apply (Tier 5)≥No additional volume discounts apply (Tier 6)≥No additional volume discounts apply Customer Premise Equip: ≥ ≥ ≥ ≥ ≥ Category * Minimum Disc % All Accessories (Tier 7)25% * Discount applied to MSRP. ** Refers to the number of active (billed) lines on record at the month-end prior to the date an order is placed. Description N/A Accessories Discount Additional Volume Discounts ** Minimum QTY EXHIBIT 6Packaged Services and Other FeesAmendment No. 8ab cde f1 f2 gPlan PriceStraight Rate (col d ÷ col b)Overage Rate(per minute)Plan Price Variance from TargetOverage Rate Variance from TargetValue Added Features/Clarifying Notes6.1a250 Tier 1$20 0.0800 0.04 5.00 (0.020)Unlimited MTM,PTT,N/W roam outside of Florida $.10 per minute (domestic)6.3a500 Tier 2(22.50) (0.045)6.4a600 Tier 3$30 0.04 3.00 (0.005)Unlimited MTM,PTT,N/W roam outside of Florida $.10 per minute (domestic)6.5a1,000 Tier 4(32.00) (0.032)6.6aUnlimited Tier 5$40 ----- ----- 0.00 -----Unlimited PTT roam outside of Florida $.10 per minute (domestic)Plan PriceStraight Rate (col d ÷ col b)Overage Rate(per minute)Plan Price Variance from TargetOverage Rate Variance from TargetValue Added Features/Clarifying Notes6.1a250 Tier 1$25 0.1000 0.05 10.00 (0.010)Unlimited MTM,PTT,N/W Roam $.69 per minute (outside domestic US)6.3a300 Tier 2(18.00) (0.060)6.4a600 Tier 3$35 0.05 8.00 0.005 Unlimited MTM,PTT,N/W Roam $.69 per minute (outside domestic US)6.5a1,000 Tier 4(32.00) (0.032)6.6aUnlimited Tier 5$50 ----- ----- 10.00 -----Unlimited PTT Roam $.69 per minute (outside domestic US)Plan PriceStraight Rate (col d ÷ col b)Overage Rate(per megabyte)Plan Price Variance from TargetOverage Rate Variance from TargetValue Added Features/Clarifying Notes6.1b500 Tier 1$20 0.0400 0.08 2.50 0.045 Unlimited TXT Mesasaging6.2b1,000 Tier 2$25 0.0250 0.08 0.00 0.055 Unlimited TXT Mesasaging6.3b2,000 Tier 3$30 0.0150 0.08 0.00 0.065 Unlimited TXT Mesasaging6.4bUnlimited Tier 4$35 ----- ----- 2.00 ----- Unlimited TXT MesasagingSMARTPHONE DATAAIRCARD DATAWIRELESS VOICE (FLORIDA)PLAN #MONTHLY PLAN QUANTITY (Minutes)TIERMONTHLY PLAN TIERMONTHLY PLAN QUANTITY (Megabytes)PLAN #PLAN #MONTHLY PLAN QUANTITY (Minutes)TIERWIRELESS VOICE (NATIONWIDE) EXHIBIT 6Packaged Services and Other FeesAmendment No. 8ab cde f1 f2 gPlan PriceStraight Rate (col d ÷ col b)Overage Rate(per megabyte)Plan Price Variance from TargetOverage Rate Variance from TargetValue Added Features/Clarifying Notes6.5b100 Tier 5(10.00) (0.100)6.6b500 Tier 6$15 0.0300 0.08 0.00 0.050Unlimited TXT/MMS Messaging When Bundled with Above Mentioned Voice Plans (not included w/flat rate voice plan)6.7b1,000 Tier 7$20 0.0200 0.08 0.00 0.060Unlimited TXT/MMS Messaging When Bundled with Above Mentioned Voice Plans (not included w/flat rate voice plan)6.8bUnlimited Tier 8$32 ----- ----- 9.50 -----Unlimited TXT/MMS Messaging,and Tethering When Bundled with Above Mentioned Voice PlansPlan PriceStraight Rate (col d ÷ col b)Overage Rate(per megabyte)Plan Price Variance from TargetOverage Rate Variance from TargetValue Added Features/Clarifying Notes6.9b100 Tier 9(10.00) (0.100)6.10b500 Tier 10$15 0.0300 0.08 0.00 0.050Unlimited TXT/MMS Messaging When Bundled with Above Mentioned Voice Plans (not included w/flat rate voice plan)6.11b1,000 Tier 11$20 0.0200 0.08 0.00 0.060Unlimited TXT/MMS Messaging When Bundled with Above Mentioned Voice Plans (not included w/flat rate voice plan)6.12bUnlimited Tier 12$32 ----- ----- 9.50 -----Unlimited TXT/MMS Messaging,and Tethering When Bundled with Above Mentioned Voice PlansPlan PriceStraight Rate (col d ÷ col b)Overage Rate(per megabyte)Plan Price Variance from TargetOverage Rate Variance from TargetValue Added Features/Clarifying Notes6.13b500 Tier 13$20 0.0400 0.08 2.50 0.045PLAN #MONTHLY PLAN QUANTITY (Megabytes)TIERBLACKBERRY DATATABLET/iPAD DATAPLAN #MONTHLY PLAN QUANTITY (Megabytes)TIERPLAN #MONTHLY PLAN QUANTITY (Megabytes)TIER EXHIBIT 6Packaged Services and Other FeesAmendment No. 8ab cde f1 f2 g6.14b1,000 Tier 14$25 0.0250 0.08 0.00 0.055 6.15b2,000 Tier 15$30 0.0150 0.08 0.00 0.065 6.16bUnlimited Tier 16$35 ----- ----- 2.00 ----- EXHIBIT 6Packaged Services and Other FeesAmendment No. 8ab cde f1 f2 gPlan PriceStraight Rate (col d ÷ col b)Overage Rate(per megabyte)Plan Price Variance from TargetOverage Rate Variance from TargetValue Added Features/Clarifying Notes6.17b1 Tier 17$5 5.0000 2.50 (1.00) ---- Pooling Included6.18b2 Tier 18(7.00) ----6.19b3 Tier 19(8.00) ----6.20b4 Tier 20(9.00) ----6.21b5 Tier 21$7 2.50 (3.00) ---- Pooling Included6.22b10 Tier 22(11.00) (0.100)6.23b100 Tier 23$15 2.50 2.00 2.400 Pooling Included6.24b500 Tier 24$20 0.0400 2.50 5.00 2.400 Pooling optional at $10.00 per LinePlan PriceStraight Rate (col d ÷ col b)Overage Rate(per message)Plan Price Variance from TargetOverage Rate Variance from TargetValue Added Features/Clarifying Notes6.1c300 Tier 1$2 0.0067 0.05 1.00 0.0406.2c500 Tier 2$3 0.0060 0.05 1.00 0.0406.3cUnlimited Tier 3$7 ----- ----- 2.00 -----Plan PricePlan PriceVaiance from Target6.1d$70 8.00 Unlimited Nationwide Calling , Unlimted TXT/PIX/FLIX and 5GB DATA/TetheringOther Fees:Variance from Target6.1eMinimum Monthly Service Charge (Tier 1)(2.50)$ 6.1fMonthly Tethering Premium10.00$ 3.00$ ALL INCLUSIVE PLANMONTHLY PLAN QUANTITYUnlimitedTELEMETRY DATAPLAN #MONTHLY PLAN QUANTITY (Megabytes)TIERPLAN #Value Added Features/Clarifying NotesPLAN #MONTHLY PLAN QUANTITY (Messages)TIERSMS/MMS MESSAGING EXHIBIT 6Packaged Services and Other FeesAmendment No. 8ab cde f1 f2 g6.1gMonthly Satellite Services Subscription Fee (Tier 1)-----6.1hMonthly Message Broadcasting Subscription Fee(2.00)$ 6.1iMonthly Message Logging Subscription Fee-$ (1.50)$ 6.1jMonthly Real-Time Geo-Tracking Subscription Fee (Tier 1)9.99$ -----Note: This service may require a vendor-approved data plan.Note: Any value provided for 6.1h will be factored in to rates provided on Exhibit 3B for evaluation.Note: Any value submitted for 6.1i will supersede rates submitted on Exhibit 3C. EXHIBIT 6 Packaged Services and Other Fees Amendment No. 8 Plan Price Straight Rate (col d ÷ col b) Overage Rate (per minute)Value Added Features/Clarifying Notes Plan Price Straight Rate (col d ÷ col b) Overage Rate (per minute)Value Added Features/Clarifying Notes Plan Price Straight Rate (col d ÷ col b) Overage Rate (per megabyte)Value Added Features/Clarifying Notes 2,000 $23 0.0115 0.08 2GB PDA/BB Data Unlimited TXT/MMS Messaging When Bundled with Above Mentioned Voice Plans (not flat rate voice plan) Unlimited $35 quantity must be de 0.0800 Unlimited PDA/BB with $.05 Nationwide Per Minute Calling, Unlimted NW/MTM/TXT/PIX/FLIX Other Services/Features Description Price/Rate WIRELESS VOICE (FLORIDA) WIRELESS VOICE (NATIONWIDE) WIRELESS DATA (please specify device type in the notes field)MONTHLY PLAN QUANTITY (Megabytes) MONTHLY PLAN QUANTITY (Minutes) MONTHLY PLAN QUANTITY (Minutes) Target Pricing for Mobile Cellular ServicesBulk Wireless DataTier #In-State Target(per minute)Out-of-State Target(per minute)Nationwide Target(per minute)Bulk Data Target(per megabyte)CDMA PTT Target(per subscription)CDMA Interop Target(per subscription)Iden PTT Target(per subscription)Iden Interop Target(per subscription)Tier 1 0.044$ 0.200$ 0.044$ 0.035$ 8.000$ 8.000$ 9.500$ 9.500$ Tier 2 0.040$ 0.180$ 0.040$ 0.032$ 7.500$ 7.500$ 9.000$ 9.000$ Tier 3 0.035$ 0.160$ 0.035$ 0.029$ 7.000$ 7.000$ 8.500$ 8.500$ Tier 4 0.030$ 0.140$ 0.030$ 0.025$ 6.750$ 6.750$ 8.250$ 8.250$ Tier 5 0.027$ 0.120$ 0.027$ 0.020$ 6.500$ 6.500$ 8.000$ 8.000$ Tier 6 0.024$ 0.100$ 0.024$ 0.015$ 6.250$ 6.250$ 7.750$ 7.750$ SMS Target(per message)MMS Target(per message)SMS/MMS Target(per message)Tier # Package Target Overage TargetTier 10.010$ 0.010$ 0.010$ Tier 1 (300) 1.000$ 0.010$ Tier 20.008$ 0.008$ 0.008$ Tier 2 (500) 2.000$ 0.010$ Tier 30.007$ 0.007$ 0.007$ Tier 3 (UNL) 5.000$ -----Tier 40.006$ 0.006$ 0.006$ Tier 50.005$ 0.005$ 0.005$ Tier 60.004$ 0.004$ 0.004$ Target RateTier 10.050$ Minimum Monthly Service Fee* 2.50$ Tier 20.045$ Monthly Message Broadcasting Subsc. Fee 2.00$ Tier 30.035$ Monthly Message Logging Subscription Fee 1.50$ Tier 40.025$ Monthly Tethering Premium7.00$ Tier 50.015$ * The absolute maximum value permitted for this item is $5.00Tier 60.010$ Target Price62.00Bulk Wireless Voice Bulk Push-to-TalkBulk Messaging, Broadcasting, & Logging Messaging PackagesBulk GeoTracking(per record)Other FeesSpecifications/DescriptionTo include: unlimited anytime voice, unlimited SMS/MMS messaging, and unlimited dataAll Inclusive Plan Target Pricing for Mobile Cellular ServicesTier #Package TargetOverage TargetTier 1 (250) 15.000$ 0.060$ Tier 2 (500) 22.500$ 0.045$ Tier 3 (600) 27.000$ 0.045$ Tier 4 (1,000) 32.000$ 0.032$ Tier 5 (Unlimited) 40.000$ -----Tier #Package Price TargetOverage TargetTier 1 (250) 15.000$ 0.060$ Tier 2 (300) 18.000$ 0.060$ Tier 3 (600) 27.000$ 0.045$ Tier 4 (1,000) 32.000$ 0.032$ Tier 5 (Unlimited) 40.000$ -----To Include: national roaming, long distance calling, unlimited in-network mobile-to-mobile, unlimited nights & weekends.To Include: national roaming, long distance calling, unlimited in-network mobile-to-mobile, unlimited nights & weekends.To Include: unlimited in-network mobile-to-mobile, unlimited nights & weekends.To Include: unlimited in-network mobile-to-mobile, unlimited nights & weekends.Target Specifications/DescriptionTo Include: national roaming, long distance calling, unlimited in-network mobile-to-mobile, unlimited nights & weekends.Voice Packages (Nationwide)To Include: national roaming, long distance calling, unlimited in-network mobile-to-mobile, unlimited nights & weekends.To Include: unlimited in-network mobile-to-mobile, unlimited nights & weekends.Voice Packages (Local)Target Specifications/DescriptionTo Include: unlimited in-network mobile-to-mobile, unlimited nights & weekends. Target Pricing for Mobile Cellular ServicesTier 1 (AC, 500) 17.500$ 0.035$ Tier 2 (AC, 1,000) 25.000$ 0.025$ Tier 3 (AC, 2,000) 30.000$ 0.015$ Tier 4 (AC, UNL) 33.000$ -----Tier 5 (SP, 100) 10.000$ 0.100$ Tier 6 (SP, 500) 15.000$ 0.030$ Tier 7 (SP, 1,000) 20.000$ 0.020$ Tier 8 (SP, UNL) 22.500$ -----Tier 9 (BB, 100) 10.000$ 0.100$ Tier 10 (BB, 500) 15.000$ 0.030$ Tier 11 (BB, 1,000) 20.000$ 0.020$ Tier 12 (BB, UNL) 22.500$ -----Tier 13 (TB, 500) 17.500$ 0.035$ Tier 14 (TB, 1,000) 25.000$ 0.025$ Tier 15 (TB, 2,000) 30.000$ 0.015$ Tier 16 (TB, UNL) 33.000$ -----Tier 17 (TL, 1) 6.000$ *Tier 18 (TL, 2) 7.000$ *Tier 19 (TL, 3) 8.000$ *Tier 20 (TL, 4) 9.000$ *Tier 21 (TL, 5) 10.000$ *Tier 22 (TL, 10) 11.000$ 0.100$ Tier 23 (TL, 100) 13.000$ 0.100$ Tier 24 (TL, 500) 15.000$ 0.100$ The maximum a customer will be charged is the lowest sufficient plan in the event of overage.The maximum a customer will be charged is the lowest sufficient plan in the event of overage.Customer will be charged for the lowest sufficient plan in the event of overage.Customer will be charged for the lowest sufficient plan in the event of overage.Customer will be charged for the lowest sufficient plan in the event of overage.Customer will be charged for the lowest sufficient plan in the event of overage.Customer will be charged for the lowest sufficient plan in the event of overage.Regardless of overage, the maximum a customer may be charged is the unlimited rate.Regardless of overage, the maximum a customer may be charged is the unlimited rate.Regardless of overage, the maximum a customer may be charged is the unlimited rate.Regardless of overage, the maximum a customer may be charged is the unlimited rate.Regardless of overage, the maximum a customer may be charged is the unlimited rate.Regardless of overage, the maximum a customer may be charged is the unlimited rate.Regardless of overage, the maximum a customer may be charged is the unlimited rate.Regardless of overage, the maximum a customer may be charged is the unlimited rate.Regardless of overage, the maximum a customer may be charged is the unlimited rate.Regardless of overage, the maximum a customer may be charged is the unlimited rate.Regardless of overage, the maximum a customer may be charged is the unlimited rate.Regardless of overage, the maximum a customer may be charged is the unlimited rate.Tier #Data PackagesTarget Specifications/DescriptionPackage Price TargetOverage Target Contract No.: DMS 10/11-008C Exhibit 4 Page 1 of 13 EXHIBIT 4 ENHANCED SERVICES AND SOLUTIONS Contract No.: DMS 10/11-008C Exhibit 4 Page 2 of 13 Exhibit 4.0 Verizon MCS Enhanced Services and Solutions Contents EXHIBIT 4.0 VERIZON MCS ENHANCED SERVICES AND SOLUTIONS ................................................................ 1 4.01 HYBRID SATELLITE/CELLULAR TELECOMMUNICATIONS .............................................................................................. 3 4.02 INDOOR CELLULAR SIGNAL AMPLIFIER SYSTEM ........................................................................................................ 3 4.03 CONVENTIONAL AND PTT DEVICE INTEROPERABILITY WITH LAND MOBILE RADIO SYSTEMS ............................................. 6 4.04 CAMPUS VOICE CALL GROUP............................................................................................................................... 6 4.05 ENCRYPTION SERVICES ....................................................................................................................................... 8 4.06 IP VERSION 6 (IPV6) ......................................................................................................................................... 9 4.07 COMMUNICATION STREAM PRIORITIZATION ........................................................................................................... 9 4.08 WI‐FI SMARTPHONE TECHNOLOGY ....................................................................................................................... 9 4.09 GEOGRAPHICAL TRACKING DATA ENRICHED WITH VEHICLE INFORMATION ................................................................. 10 4.10 FILLING GAPS IN FUTURE PUBLIC SAFETY MOBILE BROADBAND NETWORK ................................................................. 12 Contract No.: DMS 10/11-008C Exhibit 4 Page 3 of 13 4.01 Hybrid Satellite/Cellular Telecommunications To the extent available, the Service Provider shall provide hybrid satellite/cellular telecommunications services and the associated handheld device(s) with cellular, Wi-Fi(desired), and satellite voice and data functionally. See diagram below. Verizon will not currently be proposing a Hybrid Satellite/Cellular Telecommunications solution, but may elect in the future to provide this service feature. 4.02 Indoor Cellular Signal Amplifier System To the extent available, the Service Provider shall provide bi-directional cellular signal amplifier systems for both home and office applications. The bi-directional cellular signal amplifier system shall be used in situations where the indoor cellular signal strength does not carry the necessary signal power level required for reliable cellular communications (Voice & Data). The diagram below depicts the intended functionality of a bi-directional cellular signal amplification system and does not specify the actual system design or denote the required individual electronic components. Contract No.: DMS 10/11-008C Exhibit 4 Page 4 of 13 The Service Provider shall provide the coverage area footprint (per indoor antenna), the system’s simultaneous user capacity, and a physical measure (in square feet) of the indoor area each proposed system is designed to operate within. Also, the Service Provider shall specify the minimum acceptable outdoor cellular signal strength required for each system proposed. The Service Provider may include (or substitute) mini, micro, pico cellular tower technology, network extender device(s), or other appliance designed to improve indoor cellular signal power levels. The Service Provider shall provide, as required, helpdesk support for the installed system and assist the end customer or DMS with identifying or troubleshooting issues related to performance degradation associated with the communication stream’s transport path. Note: For all indoor signal enhancement systems procured under this contract, the Service Provider shall be responsible for each system’s installation, helpdesk support, and customer configuration assistance for the term of the Contract. The proposed system shall be a Service Provider turn-key solution. Verizon Wireless connects to in-building systems using either an off-the-air repeater or a dedicated micro-cell. Off-the-Air Repeater An off-the-air repeater, also known as a Bi-Directional Amplifier (BDA), consists of an amplifier and antenna system. The BDA receives a signal from a nearby donor cell site using a roof-top or other externally-mounted antenna. The BDA then amplifies and repeats the received signal into the building through an internal antenna or a distributed antenna system (DAS). The donor cell signal, including the capacity provided by the donor cell, is then available to the Verizon Wireless subscribers in the building. Micro-Cell A micro-cell operates somewhat differently. Rather than “borrowing” signal from a nearby cell tower wirelessly, the BDA connects directly to our terrestrial network using either a fiber or coaxial cable connection. The signal is then distributed through the building using the DAS. A micro-cell is considerably more expensive but provides the advantage of having dedicated capacity for the in-building coverage. Contract No.: DMS 10/11-008C Exhibit 4 Page 5 of 13 3G Network Extender Verizon Wireless also offers the3G Network Extender which plugs into an existing high-speed Internet connection to communicate with the Verizon Wireless network. The benefits of using the Verizon Wireless 3G Network Extender include:  Improved in-home coverage  Fewer dropped calls  Improved call quality  Subscribers can use plan minutes  Unlimited Mobile to Mobile Calling and Night & Weekend minutes  Messaging features  Subscribers can use their existing Verizon Wireless CDMA phone [may improve battery life when connected]  Ease of setup  Plug and Play out of the box  No software to install  No configuration settings to your existing mobile handset 3G Network Extender Requirements Subscriber must reside in a Verizon Wireless 3G Network Extender supported area and have a minimum Internet connection speed of 300Kbps (kilobytes per second) upload/download – such as Verizon FiOS, Digital Subscriber Line (DSL), cable, other broadband Internet Service Provider (ISP). Subscriber must also have one available Ethernet port and a compatible broadband router with Virtual Private Network (VPN) support. Note: Satellite broadband is not recommended. Site Survey Customer Solution If you are receiving less than adequate reception in one of your buildings, your Verizon Wireless National Account Manager can arrange a survey of your building to determine whether an in-building solution could improve your reception. Upon completing the survey, your National Account Manager can work with agency to develop a price schedule and scope of work for the procurement, installation, operation and maintenance of the in-building equipment. These terms would then be incorporated into a separate in-building contract. It is important to note that it may be necessary for Verizon Wireless to acquire necessary leases, permits or zoning changes before implementing some in-building solutions. The cost and financing of in-building systems is dependent upon several factors, including the complexity of the system, whether a dedicated cell site is necessary for the in-building system, any number of existing or future Verizon Wireless lines associated with such a system, whether the space is publically held or privately, and the number of customers that the in-building system would support. Verizon Wireless can also work with, or recommend, approved third party in-building providers that can improve coverage in your buildings. Contract No.: DMS 10/11-008C Exhibit 4 Page 6 of 13 4.03 Conventional and PTT Device Interoperability with Land Mobile Radio Systems To the extent available, the Service Provider shall provide a comprehensive solution which provides interoperability between conventional push-to-talk cellular technology and Land Mobile Radio Systems i.e. Trunked Digital VHF/UHF/800MHz. The solution shall provide interoperable communications (end-to-end): between a defined closed user groups utilizing the Service Provider’s commercial cellular network and a particular Land Mobile Radio System (LRM) dispatch and the LMR remote user. The proposed system shall be a Service Provider turn-key solution. The interoperability interface gateway shall be software programmable and flexible enough to be configured on a daily basis, and contain a robust functional feature set that supports a broad range of agencies and be independent to end-user applications and LMR systems. Verizon Wireless does not provide a turn-key solution; however, Verizon Wireless PTT services are capable of integration with most LMR systems with the proper hardware. 4.04 Campus Voice Call Group To the extent available, Service Provider shall provide a Campus Voice Call Group service. By switching the call from the MSC to the campus PBX directly, the communication streams shall not transverse the PSTN cloud and therefore a cost savings shall be realized. The diagram below is provided to illustrate the DMS objective (cost saving) and does not depict the actual design needed to accomplish the objective. The Service Provider shall not propose any solution that does not meet the DMS cost savings objective. The proposed service shall be a Service Provider turn-key solution. Contract No.: DMS 10/11-008C Exhibit 4 Page 7 of 13 Verizon Wireless offers Wireless Office Wireless Office’s advanced features include:  Calling packages with reduced costs for on campus calling.  Short-code dialing to the State’s landline PBX extensions. This feature works like the typical four-digit extension that your employees are accustomed to dialing. They just dial the four-digit office extension from their mobile phones and get connected – even from outside the office.  Abbreviated dialing is similar to short-code dialing but works with frequently dialed numbers outside of the State’s PBX extension list. When the abbreviated dial code (preceded by a feature access code) is dialed, the corresponding 10-digit number will be reached. The State can establish abbreviated-dial numbers that are available to your entire company or only to certain individuals.  Call screening – this feature allows your telecom administrator to use call screening parameters for individual users or groups of users. Call screening options include: creation of Call/No Call lists of wireless and/or landline numbers; and restriction of calls by time of day, day of week, U.S. vs. international numbers.  Simple, convenient, Web-based management and maintenance for all of these features. Wireless Office Administration The Wireless Office Website allows the State to self-administer and provision Wireless Office features.  Your telecom administrator will utilize the Contact Us screen for any task that cannot be self-administered through the Wireless Office Website.  The website is customized for the access privilege of the user logging in.  The user is able to perform specific functions based on access rights. Contract No.: DMS 10/11-008C Exhibit 4 Page 8 of 13  Administrators will be able to update user profiles, view account details, view and update lists of users, set up abbreviated dialing codes, and set up call screening.  Administrators are provided their username and password by the Customer Solutions Engineer (CSE) during set up. Before we set up your Wireless Office account, a Verizon Wireless CSE will consult with you to assess your requirements and complete a Wireless Office questionnaire. Based on your responses, we will create a Wireless Office account tailored for your specific business requirements. Wireless Office with International Call Routing Feature: Wireless Office with the International Call Routing (WO-ICR) Feature allows the State to route certain international long distance calls, placed by your participating government subscribers, to your gateway PBX for call termination to the international location. Note: When implementing WO-ICR, account setup can take longer than 30 days and the customer must procure a Primary Rate Interface (PRI) interconnection. 4.05 Encryption Services To the extent available, Service Provider shall provide a wireless end-user encryption solution. The ideal solution shall be clientless or transparent (i.e. auto-established) to the SUNCOM Client. This means the solution shall automatically establish an encrypted session without SUNCOM On-Campus minutes Contract No.: DMS 10/11-008C Exhibit 4 Page 9 of 13 Client input and function in the background transparent to the end-user. The solution shall secure the communication stream content with an encryption algorithm. The encryption algorithm shall utilize, at a minimum, a128-bit encryption key strength. The diagram below is provided to illustrate the DMS objective (transparent, seamless, end-to-end encryption) and does not depict the actual design needed to accomplish the objective. The proposed encryption service shall be a Service Provider turn-key solution. Verizon Wireless is not currently proposing an encryption service solution, but may elect in the future to provide this service feature. 4.06 IP Version 6 (IPv6) It is desired by DMS that the Service Provider’s network and handheld devices support both IPv4 and IPv6 Internet protocols. Verizon Wireless will support a dual stack approach (IPv4 and IPv6). Dual Stack solution is an industry-recognized approach which ensures a smooth and secure transition from IPv4 to IPv6. Native and Static IPv6 is not available today and expected to be supported in the future exclusively on the LTE network. Today we support IPv6 traffic as long as it is encapsulated in an IPv4 packet. 4.07 Communication Stream Prioritization To the extent available, all communications pertaining to public safety entities shall be prioritized (of a higher order) over all other state and commercial traffic. Verizon Wireless is considering options to provide this capability in the future, but has not yet finalized the service nor projected a product launch date. 4.08 Wi-Fi Smartphone Technology Integrated Wi-Fi smartphone technology is desired with functionality capable of transfers between Wi-Fi and cellular networks and that permits utilization of VoIP technology. The dual-mode smartphone is envisioned to automatically hop between wireless Ethernet (802.11) and digital cellular networks with a seamless handoff. For example, if the Wi-Fi enabled smartphone Contract No.: DMS 10/11-008C Exhibit 4 Page 10 of 13 has an active data session using the cellular network and an available wireless Ethernet signal is detected, the smartphone will hop to the cheaper and faster wireless Ethernet network technology. DMS is aware a 3rd party (802.11) Wi-Fi access point may employ a blocking or network traffic shaping scheme which is out of the control of the Service Provider; therefore, the transmit/receive device shall include functionality through which the user can manually force the device to connect to a desired network (Wi-Fi or cellular). The device shall maintain connectivity (within the connected network footprint) until the user resets the device to an auto-select mode. Verizon Wireless does not currently support seamless handoff between Wi-Fi and cellular networks. This functionality may be added in the future. Specific timelines are not yet available. 4.09 Geographical Tracking Data Enriched with Vehicle Information In addition to providing the ability to track individual drivers and/or vehicles (with attached dedicated devices) implicit in the description for the “Error! Reference source not found.” in Exhibit 1, solutions for obtaining more information regarding vehicles are desired. This enriched data should include On-Board Diagnostics and alarms, driving performance (speed, exceeded inertial velocity limits, crash detection, etc.), routes and route fencing using industry standards for fleet management. DMS will consider a variety of approaches from turnkey of complete services (where the Service Provider enables all components of the service) to a compartmentalized approach that requires the State provide/obtain components to complete the service (e.g. the State might buy on-board computers and installations through other contracts). However, solutions that include DMS as the clearinghouse for data provided to its clients are preferred. Fleet AdministratorSM Verizon Wireless offers Fleet AdministratorSM, an automatic vehicle location (AVL) solution for managing a fleet of vehicles. It consists of a GPS-enabled vehicle tracking device, called the Qube, and a PC client application that accesses a hosted Fleet Administrator server via the Internet. Fleet Administrator is easy to deploy with minimal integration or customization and with known up-front cost. With Fleet Administrator, you can easily locate, monitor, and manage DivTel’s fleet from a desktop computer. The solution provides users with real-time and historic reporting on all vehicles to help DivTel reduce operating costs, increase worker productivity, streamline processes, and improve customer satisfaction. Fleet Administrator allows for vehicle tracking, geofencing, 2-way communication to driver/operator, and integration with vehicle inputs via the 'ConEx Module' (this allows for diagnostics and sensor-related input to Fleet Administrator). Additionally, Fleet Administrator also offers an add-on module for navigation. Fleet AdministratorSM Features: Fleet Administrator provides the following features and benefits:  Mapping - vehicle’s location on graphical maps using Google Maps.  Vehicle Tracking and Status - monitoring all vehicles’ locations and status.  Customer Sites - Monitor vehicles assigned to a particular area.  Activity Reports - analyzing a driver’s or fleet’s activity through dynamic and flexible reporting. Contract No.: DMS 10/11-008C Exhibit 4 Page 11 of 13 o Available reports include: customer site, mileage, activity, stops, trips, over- speed, and idle.  Geofence (a defined geographic area) Monitoring - Custom define a driver’s territory. Reports can track travel inside the territory and provide reports and alerts for Geofence entries and exits.  Maintenance Module - Allows customizable scheduled vehicle maintenance based on miles, run hours or dates.  Enhanced Vehicle Grouping - Allows for multiple fleet viewing options.  Enhanced Alerts - Includes new real-time over-speed and idle alerts.  Over 30 different reports by vehicle and driver.  Scheduled reporting – Reports can be scheduled to run daily, weekly, monthly. Field Force Manager Field Force Manager is a comprehensive mobile resource management solution that enhances information and process flow between field workers and the office thereby increasing productivity and efficiency. It combines a handset application and a customer web portal that allows government customers to manage and monitor their mobile workforce from a centralized location. Field Force Manager uses Verizon Wireless’ Location Based Services platform and operates across the Verizon Wireless’ National Enhanced Coverage and Service Area. With Field Force Manager, you can track field workers in near real-time, analyze employee time, and dispatch remote workers wirelessly. Customer service requests can be sent quickly to the nearest team member in the field. Additionally, field workers can submit time as well as job data back to the business office, receive job assignments, and get turn-by-turn driving directions to new jobs right from their wireless device. Field Force Manager Features  Location and Tracking. Uses rich, detailed mapping to show the location and location history of field workers; provides location information when users clock in and out; shows where they are when they accept and complete jobs; creates an audit trail to validate job information for customers; and generates turn-by-turn driving directions.  Electronic Timecards. Provides employees an automated way to capture their time, and gives employers the ability to export this information into many current payroll systems for processing and to analyze it.  Editable Timecards. Web portal users now have the ability to correct the date/time of timecard shifts and breaks for employees  Individual Worker Hours of Operation. Now instead of having the hours of operation apply to the whole company, you can set it for each individual worker or group of workers. Also control individual worker privacy features.  Dispatch. Provides an automated way to manage customer service requests, dispatch field personnel and track job progress in near real-time through completion. Contract No.: DMS 10/11-008C Exhibit 4 Page 12 of 13  Integration Web Services. DivTel can use our web service application programming interface (API) without additional fees. These APIs are used to take the information, such as timecard, location, job dispatch, as well as other data collected by the Field Force Manager application and integrate that information with your current payroll, database or other back-end office system.  At-a-Glance Report. This report provides Web portal users all of the key performance metrics tracked by Field Force Manager.  Faster Delivery. Expedited delivery of job info, messages and locations to the handset.  Requires No Text block on account  Requires 3.0 client for feature phones/3.1 client for advanced devices New Field Force Manager web portal capabilities include:  Mapping enhancements including draggable maps, improved map zooming, and user- selectable map style  More worker actions shown on maps  Hierarchical group structure  Group-specific forms and locations  Work-zone configuration improvements. New Field Force Manager client improvements include:  Picture capture into a Field Force Manager form (Field Force Premium only)  Spanish language menu option  Improved text-based driving directions (Field Force Manager Basic only) fastest, shortest, avoid freeways, etc.  Enhanced activation (zero button client activation, immediate GPS send upon client activation) 4.10 Filling Gaps in Future Public Safety Mobile Broadband Network Current proposals before Congress and the Federal Communications Commission anticipate using technologies for public safety telecommunications that are similar those offered by the Service Provider in relation to this contract (i.e. public safety officials may ultimately use devices similar to those used by consumers instead of traditional public safety radios in use today). Entities like DMS and its public safety partners, expect to obtain usage rights in 700 megahertz bands for this purpose. To deploy public safety networks using these bands, DMS anticipates developing new procurement vehicles that either seeks a comprehensive public safety network or components thereof that will be assembled by DMS into a comprehensive network. However, the magnitude of a statewide public safety network means future Service Providers will likely offer incomplete geographic coverage. DMS is seeking, a commitment from the Service Provider to offer assets and services at fair prices to complete this future public safety telecommunications network. The Contract No.: DMS 10/11-008C Exhibit 4 Page 13 of 13 Service Provider shall provide a brief description of the assets and services that may aid DMS’s effort to complete a future public safety telecommunications network and indicate the Service Provider’s willingness to provide them. Verizon Wireless and Motorola Solutions have formed an innovative alliance that creates a public/private alliance in alignment with the FCC’s vision of a 3GPP-compliant solution. Public Safety will benefit in many ways by using our cost-effective, private Public Safety 4G LTE network with nationwide carrier interoperability. We can provide network infrastructure, devices, applications and customer support. Contract No.: DMS 10/11-008C Exhibit 5 Page 1 of 5 EXHIBIT 5 SERVICE LEVEL AGREEMENT MATRIX Contract No.: DMS 10/11-008C Exhibit 5 Page 2 of 5 Exhibit 5: Verizon Wireless MCS Service Level Agreement Matrix The SLA matrix is expected to also include delivery, response, and notification SLAs. An example of a “delivery SLA” is the time required for the end-user to receive hardware device(s) and/or contracted services once the order has been received by the Service Provider. An example of a “response SLA” is the time the Service Provider requires to provide an initial response (or acknowledgement) to a helpdesk ticket. An example of a “notification SLA” the amount of time DMS will receive notification prior to planned service outage(s). SLA Item SLA Description SLA Definition, General Service Performance Matrix SLA Timers Credit Allowance 1 IPSec VPN (primary/secondary) Appliance Failover In the event there is an IP connectivity failure caused by the Service Provider’s primary IPSec VPN appliance, the Service Provider network shall failover to their secondary IPSec VPN appliance to maintain connectivity to MFN. In the event there is an IP connectivity failure caused by the MFN primary IPSec VPN appliance the Service Provider’s IPSec VPN appliance shall failover to the MFN secondary IPSec VPN appliance to maintain connectivity to MFN. The failover in any case shall be accomplished within five-hundred (500) seconds. The failover shall be governed by the BGP routing protocol operating between the MFN and Service Provide devices or other as agreed upon by DMS. The SLA credit allowance shall be charged to the Service Provider if their primary and secondary VPN appliances fail simultaneously or other Service Provider network event which causes a total outage or the VPN appliance failover does not occur in the specified time. The Service Provide shall be exempt from this SLA if the MFN primary and secondary VPN appliances fail simultaneously. 500 seconds, Within 5% of the affected users’ MRC Contract No.: DMS 10/11-008C Exhibit 5 Page 3 of 5 2 Engineering Coverage Maps, (Voice and Data) The Service Provider shall provide outdoor engineering coverage maps acceptable to DMS that accurately reflect the reliable voice and data service areas in the State of Florida within forty-five days from the contract execution date. If the coverage area changes from the original maps submitted, the Service Provider shall provide an update revision to DMS within ninety-days of the change. Mapping will be provided via Enterprise Custom Mapping Solution (ECMS) as highlighted in Section 4.07 of Verizon Wireless’ response to this ITN. 45-days, Within $1,000.00 per-day thereafter, until provided 3 Hardware Shipment From the Service Provider receipt date of the OaSIS electronic service account order, the Service Provider shall ship the ordered hardware to the delivery address within seventy-two hours. If the Service Provider is unable to ship the ordered hardware due to unavailability (out of stock), the Service Provider shall send an electronic notification to DMS within seventy-two hours of order receipt date, except during holidays. Shipments related to “Enhanced Services” hardware are exempt from the SLA. The SLA shall be measured by the Service Provider and verified by the OaSIS ordering system. 72-hours, Within, except during holidays $50.00 per-failure to ship, or failure to notify 4 Operational Guide and User Guide Failure to respond, within a mutually agreed upon target completion date and/or an updated target completion date, to a DMS requested action (review and/or input) regarding the development and maintenance of the Verizon Wireless Operational Guide and User Guide. The Verizon Wireless Operational Guide shall describe the operational relationship between the Service Provider and DMS (e.g. order processing, service provisioning, service monitoring and maintenance, troubleshooting and reporting, billing, etc.) The User Guide shall describe the service relationship between the SUNCOM end-users and DMS. As Required by DMS for the Life of the Contract $1,000.00 per- failure to respond Contract No.: DMS 10/11-008C Exhibit 5 Page 4 of 5 5 Escalation Procedure From the contract execution date, the Service Provider shall provide an escalation procedure and contact list to be used by DMS to remedy unresolved problems within thirty-days. Thereafter, the Service Provider shall provide updates to the escalation procedure and contact list as required. The Service Provide shall be subject to the SLA credit allowance if the escalation procedure or contact list is found to contain outdated or incorrect information applicable to the DMS discovery date. 30-days, Within $1,000.00 per day thereafter, until provided or until updated 6 Existing Wireless Data Customer Migration Once the Service Provider successfully receives the DivTel request to migrate the existing wireless data customers, the Service Provider shall move all specified wireless data users to the new MFN access method as specified in the contract technical exhibit within one hundred twenty (120) days. SLA is dependent on full cooperation of specified wireless data users and deemed unenforceable if delays are found to be caused by specified wireless data users and historical notification was provided to DivTel regarding user caused delays or an error in the DivTel migration request. 120-days, Within $3.00 per-day, per-wireless data device thereafter, until completed 7 Planned Wireless Service Maintenance Notification The Service Provider shall send a two-business day (minimum) advance electronic notification which informs DMS of a planned service maintenance which may potentially cause a service outage that includes the date, time, and estimated duration of the maintenance. The SLA shall be measured and verified by the Service Provider’s system. 2-business days, Prior to $2,500.00 per planned notification, failure to notify 8 Unplanned Wireless Maintenance Notification The Service Provider shall send a 60 minute (minimum) advance electronic notification which informs DMS of an unplanned service maintenance which includes the date, time, and estimated duration of the maintenance. The SLA shall be measured and verified by the Service Provider’s system. 60-minutes, Prior to $2,500 per unplanned notification, failure to notify Contract No.: DMS 10/11-008C Exhibit 5 Page 5 of 5 9 Unplanned Wireless Service Outage Notification The Service Provider shall send a notification to DMS communicating the wireless services is not available in a generalized area, specific to switch locations, within Florida which includes an estimated time for service restoration (if available) within five hours (maximum) from the outage start time. The SLA shall be measured and verified by the Service Provider’s system. 5 hours, Within $2,500.00 per unplanned notification, failure to notify 10 Helpdesk Verification Tool The Service Provider shall make available to DMS a web-based application tool (Read-Only) to verify the helpdesk performance. The web tool shall generate a matrix of all helpdesk tickets captured for the past ninety days. The matrix shall include an end-user and wireless device identifier, unique helpdesk ticket identifier number, ticket status (open/closed), and history log for each ticket. 180-Days From contract execution date $300.00 per-day thereafter, until provided 11 Service Provider Device Provisioning Error Upon receipt of an end-user helpdesk ticket related to a wireless device provisioning error, the Service Provider shall correct the provisioning error within four hours. The four hours time period shall be measured using the automated (open/close) timestamps contained within the helpdesk ticket. A provisioning error is defined, in this instant, as any error in provisioning a wireless device or network provisioning error made by the Service Provider which prohibits the wireless device from establishing a usable communication channel due to initial provisioning or activation of the wireless device. 4 hours, Less than $50.00 per ticket 12 Maximum SLA Payout Total SLA payouts shall in no case exceed 3% of current year to date annual contract revenue. Enhanced services (Exhibit 4 of the contract) shall not be included in SLA total contract revenue calculations. Current YTD Revenue Not to Exceed 3% Exhibit 6 Contract No.: MA4974 Amendment 16 Page 1 of 27 CONTRACT NO.: MA4974 BETWEEN THE DEPARTMENT OF MANAGEMENT SERVICES AND VERIZON WIRELESS AMENDMENT NO.: 16 THIS AMENDMENT (“Amendment”) to the Wireless Data Services Contract #MA4974 effective June 28, 2004 (“Contract”), is made and entered into by and between the State of Florida, acting by and through the Department of Management Services, Division of Telecommunications (“Customer”) and Verizon Wireless Personal Communications, LP (a Delaware LP) dba Verizon Wireless and Verizon Wireless of the East LP dba Verizon Wireless, (“Contractor” or “Verizon Wireless”). WHEREAS, the Parties entered into the Contract to set forth the duties and obligations of Contractor and Department in relation to Contractor’s performance of its duties in connection with the Contract; and WHEREAS, the Parties wish to amend the Contract to add additional services within the scope of the contracted as noted below. WHEREFORE, in consideration of the foregoing premises the Parties hereto agree that the Contract shall be amended as follows: 1. Scrutinized Companies List In executing this Amendment, the Contractor, certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473, Florida Statutes. Pursuant to section 287.135(5), Florida Statutes, the Contractor, agrees the Department may immediately terminate the Contract for cause if the Contractor, is found to have submitted a false certification or if the Contractor, is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List during the term of the Contract. 2. This Amendment is an integral part of and modifies the Contract. The terms used herein which are defined or specified in the Contract shall have the meanings set forth in the Contract. If there are any inconsistencies between the provisions of this Amendment and the provisions of the Contract and/or previous amendments, the provisions of the Amendment number 15 shall control. 3. The Basic Wireless Voice Services Florida Plan + VZEmail, Basic Wireless Voice Services Florida Plan + VZEmail with GlobalEmail Feature, Basic Wireless Data Services Florida Plan, Basic Wireless Voice Services Nationwide Plan + VZEmail, Basic Wireless Voice Services Nationwide Plan + VZEmail with Global Email Feature are being modified as follows: a. The Per Minute Rate for the Basic Wireless Voice Services Florida Plan + VZEmail, Basic Wireless Voice Services Florida Plan + VZEmail with GlobalEmail Feature, and Basic Wireless Data Services Florida Plan has changed from $0.054 to $0.052. b. The Per Minute Rate for the Basic Wireless Voice Services Nationwide Plan + VZEmail and Basic Wireless Voice Services Nationwide Plan + VZEmail with Global Email Feature has changed from $0.093 to $0.090. 4. In Exhibit 15-A, Optional Features, the 1000 Minute Home Airtime Allowance and the 2000 minute Home Airtime Allowance have been removed and replaced with the Custom State of Florida 3G Voice Package Florida and Nationwide Plans. Contract No.: MA4974 Amendment 16 Page 3 of 27 EXHIBIT 15-A ADDITIONAL PRICING FOR COMBINATION VOICE AND DATA DEVICES Applicable discounts, if any, have been included in the prices below. No further discounts apply. Net feature prices below may appear on the bill as a separate undiscounted charge, plus a discount or credit. Basic Wireless Voice Services Florida Plan + VZEmail These Calling Plans are not eligible for any monthly access fee discounts Line Attainment Tier None Standard Monthly Access Fee $0.00 Home Airtime Minutes None Per Minute Rate† $0.052 VZEmail Feature Access Fee $37.49 MB Allowance Unlimited NationalAccess Roaming $0.002 per Kilobyte Verizon Wireless Long Distance Rate†† Included Roaming Airtime Rate††† $0.39 per minute The Local DigitalChoice home airtime rate and coverage area includes the Verizon Wireless network and select preferred roaming carriers. See Calling Plan Map for details. † We bill your calls in one-cent increments. Less than one-cent charges are rounded up to the next full cent. For example, at $0.057 per minute a 3-minute call calculated at $0.171 is rounded to the next full cent and billed at $0.18. At $0.057 per minute, a 23-minute call calculated at $1.311 is rounded to the next full cent and billed at $1.32. ††Domestic long distance is included when placing calls in the home airtime rate and coverage area. Long distance charges will apply when making or receiving calls outside the home calling area and the United States. Toll and long distance charges may apply when making or receiving calls in Puerto Rico. †††Roaming and toll charges may apply when making and receiving calls from off the home airtime rate and coverage area and in CDMA countries, see International Roaming terms and conditions. Subject to VZEmail terms and conditions. Please see www.verizonwireless.com for current availability. NationalAccess is available in the National Enhanced Services rate and coverage area; see map for details. Voice Airtime and long distance with VZEmail features are per the underlying calling plan. Share Options are not available with VZEmail feature. Home Rate and Coverage Maps are available online at: http://business.verizonwireless.com/StofFLgov/home.htm . Basic Wireless Voice Service Nationwide Plan + VZEmail This National SingleRate Calling Plan is not eligible for any monthly access fee discounts Standard Monthly Access Fee $0.00 Home Airtime Minutes None Per Minute Rate† $0.090 VZEmail Feature Access Fee $37.49 MB Allowance Unlimited NationalAccess Roaming $0.002 per Kilobyte Roaming Airtime Rate†† Included throughout the 50 States ($0.69 per minute in Canada) Verizon Wireless Long Distance Rate††† Included Note: National SingleRate home airtime rate and coverage area includes the 50 states.† We bill your calls in one-cent increments. Less than one-cent charges are rounded up to the next full cent. For example, at $0.057 per minute a 3-minute call calculated at $0.171 is rounded to the next full cent and billed at $0.18. At $0.057 per minute, a 23-minute call calculated at $1.311 is rounded to the next full cent and billed at $1.32. ††Roaming, toll, and long distance charges may apply when making and receiving calls from CDMA countries outside of the 50 States see International Roaming terms and conditions. †††Domestic long distance is included when placing calls in the America’s Choice home airtime rate and coverage area. Long distance charges will apply when making or receiving calls outside the United States. Push to talk capability is not available with National SingleRate calling plans. IN Calling and Nights and Weekends options are not available with this plan. Subject to VZEmail terms and conditions. Please see www.verizonwireless.com for current availability. NationalAccess is available in the National Enhanced Services rate and coverage area; see map for details. Voice Airtime and long distance with VZEmail features are per the underlying calling plan. Share Options are not available with VZEmail feature. Home Rate and Coverage Maps are available online at: http://business.verizonwireless.com/StofFLgov/home.htm . Contract No.: MA4974 Amendment 16 Page 4 of 27 EXHIBIT 15-A ADDITIONAL PRICING FOR COMBINATION VOICE AND DATA DEVICES Basic Wireless Voice Services Florida Plan + VZEmail with GlobalEmail Feature These Calling Plans are not eligible for any monthly access fee discounts Line Attainment Tier None Standard Monthly Access Fee $0.00 Home Airtime Minutes None Per Minute Rate† $0.052 NationalAccess Data Roaming (inc Canada) $0.002 per Kilobyte Domestic Long Distance Rate†† Included Domestic Roaming Airtime Rate††† $0.39 per minute VZEmail Feature with Global Access Fee† $51.99 (Billed as $64.99 per user minus a 20% discount) Domestic and Global MB Allowance Unlimited Wireless Sync or BlackBerry Solution Included Voice Roaming in CDMA Countries $0.69/ per minute (plus pass through charges) Data Roaming in Mexico $0.005 per Kilobyte International Roaming †††† Zone 1 Countries Zone 2 Countries Government Subscribers $0.99/ minute $1.99/ minute The Local DigitalChoice home airtime rate and coverage area includes the Verizon Wireless network and select preferred roaming carriers. See Calling Plan Map for details. † We bill your calls in one-cent increments. Less than one-cent charges are rounded up to the next full cent. For example, at $0.057 per minute a 3-minute call calculated at $0.171 is rounded to the next full cent and billed at $0.18. At $0.057 per minute, a 23-minute call calculated at $1.311 is rounded to the next full cent and billed at $1.32. ††Domestic long distance is included when placing calls in the home airtime rate and coverage area. Long distance charges will apply when making or receiving calls outside the home calling area and the United States. Toll and long distance charges may apply when making or receiving calls in Puerto Rico. †††Roaming and toll charges may apply when making and receiving calls from off the home airtime rate and coverage area and in CDMA countries, see International Roaming terms and conditions. †††† International voice calls, and data roaming outside of the US. GlobalEmail Government Subscribers may also choose a Pay Per Use GlobalEmail feature with no monthly access fee, $0.002 per KB/ Canada, $0.005 per KB/ Mexico, and $0.02 per KB/ domestically and the rest of the world. Subject to VZEmail terms and conditions. Please see www.verizonwireless.com for current availability. NationalAccess is available in the National Enhanced Services rate and coverage area; see map for details. Voice Airtime and long distance with VZEmail features are per the underlying calling plan. Share Options are not available with VZEmail feature. Current NationalAccess, BroadbandAccess, and VZGlobal coverage details can be found at www.verizonwireless.com. The GlobalEmail Feature include a Global Support Pack with a SIM Card, Global Support Guide, and Global Support Calling Card. Pay Per Use Global Email lines shall be billed a one time charge of $39.99 for Global Support Pack. Customers activating service with Global Email Feature will receive Global Support Pack at no charge. Please visit www.verizonwireless.com for country tiers, listings, and other details. Home Rate and Coverage Maps are available online at: http://business.verizonwireless.com/StofFLgov/home.htm . Contract No.: MA4974 Amendment 16 Page 5 of 27 Contract No.: MA4974 Amendment 16 Page 6 of 27 EXHIBIT 15-A ADDITIONAL PRICING FOR COMBINATION VOICE AND DATA DEVICES Basic Wireless Voice Service Nationwide Plan + VZEmail with GlobalEmail Feature This National SingleRate Calling Plan is not eligible for any monthly access fee discounts Standard Monthly Access Fee $0.00 Home Airtime Minutes None Per Minute Rate† $0.090 NationalAccess Data Roaming (inc Canada) $0.002 per Kilobyte Domestic Roaming Airtime Rate†† Included throughout the 50 States ($0.69 per minute in Canada) Domestic Long Distance Rate††† Included Optional Feature Access Fee† $51.99 (Billed as $64.99 per user minus a 20% discount) Domestic and Global MB Allowance Unlimited Wireless Sync or BlackBerry Solution Included Voice Roaming in CDMA Countries $0.69/ per minute (plus pass through charges) International Roaming †††† Zone 1 Countries Zone 2 Countries Government Subscribers $0.99/ minute $1.99/ minute Data Roaming in Mexico $0.005 per Kilobyte Note: National SingleRate home airtime rate and coverage area includes the 50 states.† We bill your calls in one-cent increments. Less than one-cent charges are rounded up to the next full cent. For example, at $0.057 per minute a 3-minute call calculated at $0.171 is rounded to the next full cent and billed at $0.18. At $0.057 per minute, a 23-minute call calculated at $1.311 is rounded to the next full cent and billed at $1.32. ††Roaming, toll, and long distance charges may apply when making and receiving calls from CDMA countries outside of the 50 States see International Roaming terms and conditions. †††Domestic long distance is included when placing calls in the America’s Choice home airtime rate and coverage area. Long distance charges will apply when making or receiving calls outside the United States. Push to talk capability is not available with National SingleRate calling plans. IN Calling and Nights and Weekends options are not available with this plan. †††† International voice calls, and data roaming outside of the US. GlobalEmail Government Subscribers may also choose a Pay Per Use GlobalEmail feature with no monthly access fee, $0.002 per KB/ Canada, $0.005 per KB/ Mexico, and $0.02 per KB/ domestically and the rest of the world. Subject to VZEmail terms and conditions. Please see www.verizonwireless.com for current availability. NationalAccess is available in the National Enhanced Services rate and coverage area; see map for details. Voice Airtime and long distance with VZEmail features are per the underlying calling plan. Share Options are not available with VZEmail feature. Current NationalAccess, BroadbandAccess, and VZGlobal coverage details can be found at www.verizonwireless.com. The GlobalEmail Feature include a Global Support Pack with a SIM Card, Global Support Guide, and Global Support Calling Card. Pay Per Use Global Email lines shall be billed a one time charge of $39.99 for Global Support Pack. Customers activating service with Global Email Feature will receive Global Support Pack at no charge. Please visit www.verizonwireless.com for country tiers, listings, and other details. Home Rate and Coverage Maps are available online at: http://business.verizonwireless.com/StofFLgov/home.htm . Contract No.: MA4974 Amendment 16 Page 7 of 27 EXHIBIT 15-A ADDITIONAL PRICING FOR COMBINATION VOICE AND DATA DEVICES Basic Wireless Data Services Florida Plan This Calling Plan is not eligible for any monthly access fee discounts Line Attainment Tier None Standard Monthly Access Fee $37.49 Home Airtime Minutes None MB Allowance Unlimited NationalAccess Roaming $0.002 per Kilobyte Per Minute Overage Rate† $0.052 1000 IN Calling Minutes†††† Included Verizon Wireless Domestic Long Distance Rate†† Included Domestic TXT Messaging Unlimited Roaming Airtime Rate††† $0.39 per minute The Local DigitalChoice home airtime rate and coverage area includes the Verizon Wireless network and select preferred roaming carriers. See Calling Plan Map for details. † We bill your calls in one-cent increments. Less than one-cent charges are rounded up to the next full cent. For example, at $0.057 per minute a 3-minute call calculated at $0.171 is rounded to the next full cent and billed at $0.18. At $0.057 per minute, a 23-minute call calculated at $1.311 is rounded to the next full cent and billed at $1.32. ††Domestic long distance is included when placing calls in the home airtime rate and coverage area. Long distance charges will apply when making or receiving calls outside the home calling area and the United States. Toll and long distance charges may apply when making or receiving calls in Puerto Rico. †††Roaming and toll charges may apply when making and receiving calls from off the home airtime rate and coverage area and in CDMA countries, see International Roaming terms and conditions. Subject to VZEmail terms and conditions. Please see www.verizonwireless.com for current availability. ††††Only available on specified plans, IN Calling terms and conditions apply. NationalAccess is available in the National Enhanced Services rate and coverage area; see map for details. Voice Airtime and long distance with VZEmail features are per the underlying calling plan. Share Options are not available with VZEmail feature. Home Rate and Coverage Maps are available online at: http://business.verizonwireless.com/StofFLgov/home.htm . Optional Broadband Access Connect Feature (for Intenet Browsing, email, or intranet access) The $10.00 Optional Feature for Basic Wireless Data Services Florida Plan Subscribers ONLY and is not eligible for discounts. Optional Feature Access Fee For Basic Wireless Data Services Florida Plan Subscribers Only $10.00 Notes: BroadbandAccess Connect is currently available on select voice and data devices, and provides BroadBandAccess/NationalAccess service utilizing the device as a modem. A mobile office kit, VZAccess Manager Software, a cable for tethering and/ or a software update may be required. Bluetooth® is not supported with BroadbandAccess Connect. The LG 9800 are not capable of roaming with tethered access on the National Enhanced Extended Service Area. Other data roaming rates apply to IS-95 and other non-NationalAccess data usage in the United States, as determined by the underlying calling plan, or $0.25 per minute. Contract No.: MA4974 Amendment 16 Page 8 of 27 Contract No.: MA4974 Amendment 16 Page 9 of 27 EXHIBIT 15-A ADDITIONAL PRICING FOR COMBINATION VOICE AND DATA DEVICES Optional BlackBerry® Enterprise Server (BES) v4.0 BlackBerry Enterprise Server Version 4.0 MSRP BlackBerry Enterprise Server 4.0 for Microsoft Exchange, IBM Lotus Domino, or Novell Groupwise - 20 users $ 4,099.00 BlackBerry Enterprise Server CALs for BES 4.0 MSRP BlackBerry Enterprise Server CALs for BES 4.0 MSRP BlackBerry Enterprise Server CAL, 1 users $ 99.00 BlackBerry Enterprise Server CAL, 50 user $ 3,299.00 BlackBerry Enterprise Server CAL, 5 users $ 429.00 BlackBerry Enterprise Server CAL, 100 user $ 5,999.00 BlackBerry Enterprise Server CAL, 10 users $ 699.00 BlackBerry Enterprise Server CAL, 500 user $ 27,499.00 Small Business Edition BlackBerry Enterprise Server Version 4.0 MSRP SBE BlackBerry Enterprise Server 4.0 for Microsoft Exchange - 5 Users $ 1,599.00 SBE BlackBerry Enterprise Server 4.0 CAL, 1 user $ 249.00 SBE BlackBerry Enterprise Server 4.0 CAL, 5 users $ 999.00 Wireless Sync Enterprise Server Wireless Sync Enterprise Server (unlimited users) $1,999.00 Device Management Feature* $5.99 per month per subscriber Server Software Terms and Conditions Note: BES and Wireless Sync Enterprise Server are subject to the VZEmail Server Software terms and conditions. See Calling Plan Details for important information regarding calling plan, features and options. *Wireless Sync Device Management Feature functionality requires Subscribers to add the Device Management Feature to all applicable lines. The Device Management Feature may not be currently available. BES and Wireless Sync prices are subject to change. Contract No.: MA4974 Amendment 16 Page 10 of 27 EXHIBIT 15-A ADDITIONAL PRICING FOR COMBINATION VOICE AND DATA DEVICES Optional Features The following features may be added to calling plans as identified below. Unless indicated, fees are per month in addition to the calling plan monthly access fee and no further discounts apply. 1000 IN Calling Minutes1,4 $10.00 1000 Nights and Weekends2, $10.00 TXT Messaging & Enhanced TXT Messaging3 $2.99 (100 TXT msgs. included) $4.99 (250 TXT msgs. included) $9.99 (1000 TXT msgs. included) $19.99 (2,500 TXT msgs. included) $0.02 per additional inbound message / $0.10 per additional outbound message per address Get Pix – Multi-Media Messaging (MMS) 7 $0.25 per additional message per address $2.99 (20 picture messages included) $4.99 (40 picture messages included) Unlimited IN Messaging (Text, Picture, & Video Messaging) Optional Feature Access Fee $10.00 $15.00 $20.00 Additional Messages 500 1500 5000Overage Rate $0.10 per message/ per address Text, Picture, & Video Messaging Optional Feature Access Fee Included Messages Overage Rate $5.00 250 $0.10 per message/ per address1Only available on specified plans, IN Calling terms and conditions apply. Calling plans with IN Calling minutes included, do not qualify for additional IN Calling minutes in this table. 2Nights and Weekends terms and conditions apply. Calling plans with Nights and Weekend minutes included, do not qualify for additional Nights and Weekend minutes in this table. 3 TXT Messaging terms and conditions apply. 4Not available on National SingleRate calling plans. 5Only one Home Airtime Allowance optional feature may be added to any Subscriber line. Allowance minutes are not transferable and each month unused minutes are lost. 6 Overage charges would be at the per minute rate as described in the applicable calling plan selected. 7Multi-Media Messaging (MMS) includes Picture (Get Pix) and Video (Get Flix) messaging and is only available within the National Enhanced Services Rate and Coverage Area. In addition to MMS charges, MMS uses calling plan home airtime minutes or kilobytes. Canceling an MMS after pressing SEND may result in sent messages that contain only partial content. Subscriber will be charged for outgoing MMS, even if not received by the intended recipient, or even if only partial content is delivered. Subscriber will not be charged for incoming MMS unless received. MMS that cannot be delivered within 5 days will be deleted. MMS is not available for use with a Mobile Office Kit. Camera phones are prohibited in some places. Subscribers are solely responsible for complying with all applicable laws, rules, regulations and policies regarding camera phone use. Contract No.: MA4974 Amendment 16 Page 11 of 27 EXHIBIT 15-A ADDITIONAL PRICING FOR COMBINATION VOICE AND DATA DEVICES Custom State of Florida 3G Voice Package Florida Plans STATE OF FLORIDA GOVERNMENT LINES ONLY Requires a BlackBerry or Smartphone VZEmail Feature of $37.49 or higher Packages may not be combined are not eligible for discounts Florida 600 Voice Package Standard Handsets BlackBerry/Smartphone Monthly Access Fee $30.00 $30.00 General Allowance Minutes 600 600 Per Minute Rate † (After Allowance) $0.052 $0.052 Unlimited Text Messaging N/A Included Unlimited Push To Talk Included Included Mobile to Mobile Minutes 600 600 Roaming Outside Florida Home Area $0.39 roaming outside of Florida ($0.69 per minute in Canada) $0.39 roaming outside of Florida ($0.69 per minute in Canada) Florida Unlimited Voice Package Standard Handsets BlackBerry/Smartphone Monthly Access Fee $45.00 $45.00 General Allowance Minutes Unlimited Unlimited Unlimited Text Messaging N/A Included Unlimited Push To Talk Included Included Mobile to Mobile Minutes Included Included Roaming Outside Florida Home Area $0.39 roaming outside of Florida ($0.69 per minute in Canada) $0.39 roaming outside of Florida ($0.69 per minute in Canada) Note: The Custom State of Florida (3G) Voice Package Florida Plans Local DigitalChoice home airtime rate and coverage area includes the Verizon Wireless network and select preferred roaming carriers within the State of Florida. † We bill your calls in one-cent increments. Less than one-cent charges are rounded up to the next full cent. For example, at $0.057 per minute a 3-minute call calculated at $0.171 is rounded to the next full cent and billed at $0.18. At $0.057 per minute, a 23-minute call calculated at $1.311 is rounded to the next full cent and billed at $1.32. ††Roaming, toll, and long distance charges may apply when making and receiving calls from CDMA countries outside of the 50 States see International Roaming terms and conditions. †††Domestic long distance is included when placing calls in the America’s Choice home airtime rate and coverage area. Long distance charges will apply when making or receiving calls outside the United States. Push to talk capability is not available with National SingleRate calling plans. IN Calling and Nights and Weekends options are not available with this plan. Contract No.: MA4974 Amendment 16 Page 12 of 27 EXHIBIT 15-A ADDITIONAL PRICING FOR COMBINATION VOICE AND DATA DEVICES Custom State of Florida 3G Voice Package Nationwide Plans STATE OF FLORIDA GOVERNMENT LINES ONLY Requires a BlackBerry or Smartphone VZEmail Feature of $37.49 or higher Packages may not be combined are not eligible for discounts Nationwide 600 Voice Package Standard Handsets BlackBerry/Smartphone Monthly Access Fee $30.00 $30.00 General Allowance Minutes 600 600 Per Minute Rate † (After Allowance) $0.090 $0.090 Unlimited Text Messaging N/A Included Unlimited Push To Talk Included Included Mobile to Mobile Minutes 600 600 Roaming Airtime Rate†† Included throughout the 50 States ($0.69 per minute in Canada) Included throughout the 50 States ($0.69 per minute in Canada) Nationwide Unlimited Voice Package Standard Handsets BlackBerry/Smartphone Monthly Access Fee $65.00 $65.00 General Allowance Minutes Unlimited Unlimited Unlimited Text Messaging N/A Included Unlimited Push To Talk Included Included Mobile to Mobile Minutes Included Included Roaming Airtime Rate†† Included throughout the 50 States ($0.69 per minute in Canada) Included throughout the 50 States ($0.69 per minute in Canada) Note: National SingleRate home airtime rate and coverage area includes the 50 states.† We bill your calls in one-cent increments. Less than one-cent charges are rounded up to the next full cent. For example, at $0.057 per minute a 3-minute call calculated at $0.171 is rounded to the next full cent and billed at $0.18. At $0.057 per minute, a 23-minute call calculated at $1.311 is rounded to the next full cent and billed at $1.32. ††Roaming, toll, and long distance charges may apply when making and receiving calls from CDMA countries outside of the 50 States see International Roaming terms and conditions. †††Domestic long distance is included when placing calls in the America’s Choice home airtime rate and coverage area. Long distance charges will apply when making or receiving calls outside the United States. Push to talk capability is not available with National SingleRate calling plans. IN Calling and Nights and Weekends options are not available with this plan. Contract No.: MA4974 Amendment 16 Page 13 of 27 EXHIBIT 15-A ADDITIONAL PRICING FOR COMBINATION VOICE AND DATA DEVICES Broadband Access Connect (for Intenet Browsing, email, or intranet access) The $10.00 Optional Feature for Unlimited VZEmail Subscribers is not eligible for discounts. Optional Feature Access Fee NationalAccess Roaming For Unlimited VZEmail Optional Feature Subscribers $10.00 $0.002 per Kilobyte (Canada) Notes: BroadbandAccess Connect is currently available on select voice and data devices, and provides BroadBandAccess/NationalAccess service utilizing the device as a modem. A mobile office kit, VZAccess Manager Software, a cable for tethering and/ or a software update may be required. Bluetooth® is not supported with BroadbandAccess Connect. The LG 9800 are not capable of roaming with tethered access on the National Enhanced Extended Service Area. Other data roaming rates apply to IS-95 and other non-NationalAccess data usage in the United States, as determined by the underlying calling plan, or $0.25 per minute. (Additional Calling Plan and Feature Information) Subscriber’s first partial and full month’s access charges and any service activation fees are payable in advance and will not be refunded after activation of the Wireless Service. Charges, for calls that connect, begin when the "SEND" or “CONNECT” button is pressed, or upon connection to the network. On incoming calls, charges may begin prior to the phone ringing or before “SEND” is pressed to receive the call. Charges end when a call or disconnects from the network, which may be a few seconds after “END” or “DISCONNECT” button is pressed. Calls to certain fax/data modems incur charges, though it may sound as if call was unanswered. Calls to "911" and certain other emergency services are toll and airtime free however, airtime may be charged when dialing toll-free numbers. All features may not be available in all Verizon Wireless markets. Roaming in CDMA countries outside of the US: Roaming in these territories will only be available in “CDMA“ mode where service is available. An update to the Global Phone software is required to roam in S. Korea. Roaming in GSM countries: Rates, terms and conditions apply only when roaming on participating GSM networks in published Global Phone countries. Service may be available in additional countries, but airtime rates, availability of calling features, and ability to receive incoming calls (including return calls from emergency services personnel) may be restricted. See verizonwireless.com for Zone 1 and Zone 2 countries, coverage and airtime rates. Service in certain countries may be blocked without prior notice. Where text messaging is available, Customer will be charged $0.50 for each message sent and $0.05 for each message received. TXT messages cannot exceed 140 characters and may be sent only to MTNs of: (i) Verizon Wireless customers, and (ii) customers of foreign wireless carriers that participate in international text messaging. Check www.vtext.com for the most current list of participating foreign carriers. TXT messages cannot be sent to email addresses. Home Airtime and Roaming: Airtime is rounded up to next full minute, allowance minutes are not transferable, and unused airtime minutes each month are lost. Automatic roaming may not be available in all areas and rates may vary. Roaming charges may be delayed to a later bill. International Long Distance: International Long Distance is available but may be subject to a 90-day payment history with Verizon Wireless. International long distance rates will vary and do not apply for calls to Canada, Puerto Rico, the U.S. Virgin Islands and some U.S. Protectorates, or to credit card or operator assistance calls. Contract No.: MA4974 Amendment 16 Page 14 of 27 EXHIBIT 15-A ADDITIONAL PRICING FOR COMBINATION VOICE AND DATA DEVICES Included Feature Billing Details Call Waiting1 Three Way Calling1 Call Forwarding No Answer/ Busy Transfer Caller ID2 Basic Voice Mail 3 411 Connect SM 4 Basic TXT Messaging5 1Airtime charges apply to all calls simultaneously. 2When making a call, Subscriber’s MTN may be displayed to the receiving party with Caller ID capable Equipment. Caller ID service may not be available outside home airtime rate and coverage areas, and may not be compatible with certain enhanced features. Caller ID can be blocked for most calls by dialing *67 before each call, or by ordering per-line call blocking where available. Calls to some numbers such as toll-free numbers cannot be blocked. 3Airtime charges apply to message retrieval. 4Directory assistance with automatic call completion is $1.25 per call plus airtime charges. 5$0.02 per inbound and $0.10 per outbound message charge applies. TXT Messaging terms and conditions below apply. Optional Services Additional fees may be required as shown IN Calling: IN Calling minutes apply when making calls directly to or receiving calls directly from another Verizon Wireless Subscriber while in the America’s Choice Home Rate and Coverage area. With Local Digital Choice Calling Plans IN calls must originate and terminate while both Verizon Wireless Subscribers are within the same local IN Calling area. Phone may not accurately display Caller ID and roaming indication. Not available with fixed wireless devices with usage substantially from a single cell site. IN Calling is not available to Subscribers whose current wireless exchanges restrict the delivery of Caller ID. IN Calling minutes will be applied before home airtime minutes.* Night and Weekends: Applies to calls made in a calling plan’s home airtime area only during the following hours: 9:01 pm Friday through 5:59am Monday and 9:01pm-5:59am Monday through Friday. *NOTE: If both Night and Weekend and IN Calling minute allowances apply to a given call, the minutes will decrement from the IN Calling allowance before the Night and Weekend allowance. However, if either allowance is unlimited, that allowance will always apply first. TXT Messaging: TXT Messaging includes Short Message Service (SMS up to 160 characters) and Enhanced TXT Messaging (EMS up to 1120 characters) Enhanced TXT Messages sent to most SMS handsets will be delivered as multiple TXT messages of up to 160 characters each. Subscribers have the option to have text messages disabled entirely without affecting voicemail or other related services. TXT Messaging plans do not include Operator Assisted Messaging. Verizon Wireless is not responsible for information sent using TXT Messaging or Enhanced TXT Messaging. Verizon Wireless cannot guarantee that messages will be received and is not responsible for messages that are lost or misdirected. Messages not delivered after 5 days are automatically deleted. Airtime charges do not apply to the sending or receiving of text messages. When sending messages from a phone, the sender’s telephone number will always be sent to the destination, even if Caller ID is used to block voice calls. Customer’s Cell Phone Number and Caller ID. Verizon Wireless will assign one Mobile Telephone Number (“MTN”) to each Subscriber line. Other than as required to port a MTN, Customer does not have any property right in the MTN and Verizon Wireless may change, reassign, or eliminate an MTN upon reasonable notice to Customer under certain circumstances, including fraud prevention, area code changes and regulatory or statutory law enforcement requirements. NationalAccess and BroadbandAccess: NationalAccess data sessions require a NationalAccess capable PC Card, PDA or BlackBerry and must be placed within NationalAccess service area. BroadbandAccess data sessions require BroadbandAccess capable Equipment and must be placed within BroadbandAccess service areas. For current NationalAccess and BroadbandAccess service areas, please visit www.verizonwireless.com. A data session is inactive when no data is being transferred, and may seem inactive while data is actively being transferred to a device, or seem active when actually cached and not transferring data. Subscriber MUST press "END" or "DISCONNECT" to ensure that session disconnects and charges cease, otherwise data sessions may automatically reinitiate without pressing "SEND" or "Connect". Monthly allowances apply only to NationalAccess/BroadbandAccess data transmissions, not to voice or other types of data transmission such as TXT Messaging and Mobile Web. Voice calls are possible when NationalAccess data session is inactive, however, charges apply simultaneously for the voice call in accordance with the Calling Plan. Voice calls are not available with BroadbandAccess. Customer must maintain virus protection when accessing the service and is responsible for all data sent and received including “overhead” (data that is in addition to user-transmitted data, including control, operational and routing instructions, error-checking characters as well as retransmissions of user-data messages that are received in error) whether or not such data is actually received. Verizon Wireless will not be liable for problems receiving Service that result from Customer’s device. Contract No.: MA4974 Amendment 16 Page 15 of 27 EXHIBIT 15-A ADDITIONAL PRICING FOR COMBINATION VOICE AND DATA DEVICES Additional Calling Plan and Feature Information Unlimited NationalAccess/BroadbandAccess Plans: Unlimited NationalAccess/BroadbandAccess plans cannot be used (1) for uploading, downloading or streaming of movies, music or games, (2) with server devices or with host computer applications other that the BlackBerry Enterprise Server, including, without limitation, Web camera posts or broadcasts, continuous jpeg file transfers, automatic data feeds, telemetry applications, automated functions or any other machine-to-machine applications, (3) as substitute or backup for private lines or dedicated data connections. If more than 5 GB/line/month, Verizon Wireless presumes use is for non-permitted uses and will terminate service; see brochure for details. Unlimited BroadbandAccess and NationalAccess data sessions automatically terminate after 2 hours of inactivity, unless Subscriber has a Mobile IP (MIP) capable device. Megabyte (MB) Data Plans: Megabyte NationalAccess data sessions need to be reinitiated after 24 hours. NationalAccess data usage is rounded to next full kilobyte at end of each billing cycle. Any unused portion of the megabyte allowance is lost. Equipment will not indicate kilobyte usage. BlackBerry Subscribers: Some BlackBerry features require the use of BlackBerry Desktop Software utilizing desktop redirector and/or the BlackBerry Enterprise Server (BES). Voice calls cannot be received when an e-mail or other data transmission is occurring. If Equipment is turned off or if the Subscriber travels outside of the NationalAccess service area, e-mail messages will be automatically stored for up to seven days and forwarded when the Subscriber returns to the NationalAccess service area. E-mails received display only the first 2 kilobytes of information. Additional 2 kilobyte increments are delivered at the Subscriber’s request. Receiving e-mail attachments and graphics may be limited based on the BlackBerry model or software. PDA/Smartphone: NationalAccess capable PDA/Smartphone required. Not available for NationalAccess capable PC cards or for other wireless modems such as mobile devices tethered to the PC. In order to use the PDA/Smartphone over the air email applications, Subscriber’s PC must be powered on and able to receive e-mail. NationalAccess Roaming Feature: Not for use with Mobile Office Kits. Dynamic IP addresses will be assigned when roaming. Usage rounded up to next full kilobyte. For information on where NationalAccess Roaming is available, see www.verizonwireless.com. International Long Distance: International Long Distance is available but may be subject to a 90-day payment history with Verizon Wireless. International long distance rates will vary and do not apply to calls to Canada, Puerto Rico, the U.S. Virgin Islands and some U.S. Protectorates, or to credit card or operator-assisted calls. Current international long distance rates can be found at www.verizonwireless.com and are subject to change. Verizon Wireless International Long Distance Value Plan: Requires subscription to a qualifying calling plan and international dialing capability (I-DIAL). I-DIAL eligibility may require a minimum payment history and/or a security deposit, and failure to maintain these requirements may result in suspension of I-DIAL without notice. The ability to make international calls is not guaranteed and may be restricted without notice. Rates apply only on calls to Value Plan countries made from calling plan rate and coverage areas. If a calling plan includes calls to any Value Plan country, those calls will be billed per the terms of the calling plan except when roaming on another carrier’s network, in which case that carrier’s rates will apply. Current international calling rates may be found at www.verizonwireless.com. International Roaming (Global Phone/ GlobalAccess/ GlobalEmail): Availability of service, calling features, and Text messaging varies by country and network and may be restricted without notice. Existing Subscribers who purchase a Global Phone may have to set up a new voice mailbox and, if so, will lose access to previously stored messages upon activation of Global Phone. Voice mail messages will be time-stamped Eastern Time. Calls to voice mail will appear on the bill as calls to the Subscriber’s MTN. Actual availability of service in foreign countries may vary and is subject to change. Taxes, surcharges and other regulatory fees may apply and may vary by country. While roaming on another carrier’s wireless network, dialing rates and country availability may vary due to the roaming carrier’s international dialing policies. Billing for airtime used when roaming may be delayed up to two billing cycles. By using Equipment outside the United States, Subscriber is solely responsible for complying with all applicable foreign laws, rules and regulations (“Foreign Laws”), including Foreign Laws regarding use of wireless phones while driving and use of wireless camera phones. Verizon Wireless is not liable for any damages that may result from Subscriber’s failure to comply with Foreign Laws. VZAccess and VZEmail VZAccess and VZEmail Plans and Features: VZAccess includes NationalAccess (IXRTT) and BroadbandAccess (EVDO) plans. VZEmail includes PDA/Smartphone and BlackBerry plans. VZAccess and VZEmail usage is subject to VZAccess Acceptable Use Policy, available on www.verizonwireless.com. VZEmail optional features may only be purchased in conjunction with eligible voice calling plan with a monthly access fee of $34.99 or higher. Monthly Megabyte allowances apply only to NationalAccess and BroadbandAccess data transmissions. Other data (Quick 2 NetSM or dial-up) transmissions and voice calls will be billed at the per-minute overage rate according to the VZAccess plan. For optional data features, “other data” will be billed as Anytime Minutes or at the per-minute overage rate according to the underlying calling plan. When traveling outside the National Enhanced Services Rate and Coverage Area, Subscribers may be charged at the “other data” rate for data usage. NationalAccess data sessions require a NationalAccess capable PC Card, PDA, BlackBerry or handset with its compatible Mobile Office Kit, and must be placed within NationalAccess service area. BroadbandAccess data sessions require BroadbandAccess Contract No.: MA4974 Amendment 16 Page 16 of 27 capable Equipment and must be placed within BroadbandAccess service area. PDA/Smartphone and BlackBerry users that move to another calling plan from a VZEmail plan or feature or a Voice and Data Choice Bundle will not be able to use their PDA/Smartphone or BlackBerry on the new calling plan and will need to purchase or provide compatible voice Equipment to switch to the new calling plan. For current NationalAccess and BroadbandAccess service areas, please visit wwwwww.verizonwireless.com..co All data Contract No.: MA4974 Amendment 16 Page 17 of 27 EXHIBIT 15-A ADDITIONAL PRICING FOR COMBINATION VOICE AND DATA DEVICES Additional Calling Plan and Feature Information Sessions automatically terminate after 24 hours of activity and on VZAccess Plans after 2 hours if inactivity. Data session is inactive when no data is being transferred. Data session may seem inactive while data is actively being transferred to Equipment, or may seem active when it is actually cached and not transferring data. Subscriber MUST press or click END or DISCONNECT button to ensure that session disconnects and charges cease. Third-party applications may automatically reinitiate data sessions without the Subscriber pressing or clicking SEND or CONNECT button. Voice calls cannot be received when an e-mail or other data transmission is occurring. Voice calls are possible when NationalAccess data session is inactive; however, charges apply simultaneously to the data session and the voice call in accordance with the applicable plan. Voice calls are not available with BroadbandAccess. Customer must maintain virus protection when accessing the service. Customer is responsible for all charges, including all data sent and received and “overhead” whether or not Subscriber or recipients actually receive the data. “Overhead” is all data that is in addition to user-transmitted data, such as control, operational and routing instructions, error-checking characters and retransmissions of user-data messages that are received in error. VZEmail plans and optional features not available with PC cards or wireless modems, including wireless Equipment tethered to a PC. In order to use some VZEmail features and applications, Subscriber’s PC (or server where applicable) must be powered on, able to receive e-mail, and have Equipment manufacturer software (BlackBerry Desktop, Wireless Sync or Good Mobile Messaging) installed. If Equipment is turned off or if the Subscriber travels outside the NationalAccess service area, e-mail messages will be automatically stored for up to 7 days and forwarded when the Subscriber returns to the NationalAccess service area. Receiving e-mail attachments and graphics may be limited based on the Equipment model or software. With some Equipment, e-mails received may display only the first 2 kilobytes of information with additional 2 kilobyte increments delivered at the Subscriber’s request. NationalAccess, BroadbandAccess, and GlobalAccess, Push to Talk, and certain VZEmail services may only be used with wireless devices for the following purposes: (i) Internet browsing, (ii) e-mail, and (iii) intranet access (including access to corporate intranets, e-mail and individual productivity applications like customer relationship management, sales force and field service automation). The VZAccess, VZEmail and Push to Talk services may not be used for any other purpose. Examples of prohibited uses include, without limitation, the following (i) continuous uploading, downloading or streaming of audio or video programming or games, (ii) server devices or with host computer applications, other than applications required for BlackBerry or Wireless Sync service, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections, or peer-to-peer (P2P) file sharing, or (iii) as a substitute or backup for private lines or dedicated data connections. Additionally, Unlimited VZEmail services cannot be used for, (i) access to the Internet, intranets or other data networks, except as the Equipment’s native applications and capabilities permit, or (ii) for any applications that tether Equipment to laptops or personal computers other than for use of the Wireless Sync or BlackBerry Solutions with a BroadbandAccess Connect Optional Feature. Verizon Wireless reserves the right to limit throughput or amount of data transferred. Data usage in excess of 5GB per line in a given month is presumed to be using the service in a manner prohibited above, and Verizon Wireless reserves the right to immediately terminate the service of any such Subscriber without notice. BroadbandAccess and NationalAccess data sessions automatically terminate after 2 hours of inactivity, unless Subscriber has Mobile IP (MIP) capable Equipment. Megabyte (MB) Data Plans: Megabyte allowance and charges for kilobytes over the monthly allowance apply to NationalAccess and BroadbandAccess data sessions and are rounded to next full kilobyte at end of each billing cycle. Only total of kilobytes transmitted above allowance each billing cycle may appear on bill. VZEmail Server Software (Wireless Sync Enterprise Server, Good Mobile Messaging Server, and BlackBerry Enterprise Server (BES)): Verizon Wireless is not the licensor of the Wireless Sync Enterprise Server, Good Mobile Messaging Server or BES Server and makes no representations or warranties whatsoever, either express or implied, with respect to such servers and associated software. The Wireless Sync Enterprise Server software is manufactured by Intellisync. The Good Mobile Messaging Server is manufactured by and sold separately by Good Technology. The BES software is manufactured by Research in Motion (“RIM”). Any license for such software must be obtained directly from the software manufacturer either upon purchase or installation of the software. Customer support for the Wireless Sync Enterprise Server, Good Mobile Messaging, or BES software must be obtained from the software manufacturer. If Verizon Wireless in its sole discretion determines that a PDA or BlackBerry related inquiry from a Subscriber is related to the Wireless Sync Enterprise Server, Good Mobile Messaging or BES software and not one concerning Equipment or desktop software, it may transfer the service request to appropriate representatives of the software manufacturer. When you use Microsoft’s Exchange ActiveSync, Notify’s NotifyLink, or Intellisync’s Intellisync Mobile Suite, you may be charged for an incoming Text Message every time you receive an email or other update. To avoid Text Messaging charges, you can set up timed synchronization or manually initiate synchronization. Wireless Sync software updates will be sent to Subscriber devices and will be charged as a data call. NationalAccess Roaming Feature: Not for use with Mobile Office Kits. Dynamic IP addresses will be assigned when roaming. Usage rounded up to next full kilobyte. For information on where NationalAccess Roaming is available, see see www.verizonwireless.com Contract No.: MA4974 Amendment 16 Page 18 of 27 EXHIBIT 15-A ADDITIONAL PRICING FOR COMBINATION VOICE AND DATA DEVICES Additional Calling Plan and Feature Information GlobalAccess: Global PC Card required for international use. Global PC Cards will not work in the United States or Canada and GlobalAccess Subscribers will need a NationalAccess or BroadbandAccess PC card for domestic use. The domestic and Global PC Cards cannot be used at the same time. Prior to leaving the United States, Subscribers must install GlobalAccess VZAccess ManagerSM and run the OTA wizard. GlobalAccess Subscribers must activate and update their Preferred Roaming lists while in the National Enhanced Services Rate and Coverage Area every three months. Verizon Wireless reserves the right to terminate the service of any Subscriber whose total usage is less than half on the Verizon Wireless National Enhanced Services Rate and Coverage Area over three consecutive billing cycles. GlobalEmail: GlobalEmail capable equipment required. Verizon Wireless reserves the right to terminate the GlobalEmail service of Subscribers that have less than half of their usage on the Verizon Wireless National Enhanced Services Rate and Coverage Area over three consecutive billing cycles. GlobalEmail Subscribers must activate and update their Preferred Roaming lists while in the National Enhanced Services Rate and Coverage Area every three months. Text messaging billed at standard domestic and international Text Messaging rates. Existing Verizon Wireless Subscribers migrating to GlobalEmail plans may be required to extend their Line Term. GlobalAccess and Global Email SIM Cards: SIM Cards are available for use only with your Global PC Card, Global PDA, or Global Phone, and only for the purposes of those services. Verizon Wireless is not responsible for any unauthorized use of Subscriber’s SIM Cards and Subscriber must safeguard security codes. Upon termination of service, Subscriber must destroy SIM Card. Pay Per Use Global Email lines shall be billed a one time charge of $39.99 for Global Support Pack. Customers activating service with Global Email Feature will receive Global Support Pack at no charge. Contract No.: MA4974 Amendment 16 Page 19 of 27 EXHIBIT 15-B ADDITIONAL PRICING FOR DATA ONLY PLANS Verizon Wireless Machine-to-Machine Service Addendum The terms and conditions in this Addendum apply to Customer’s Machine to Machine (“M2M”) service. M2M refers to the transmission of data using the Wireless Service between wireless devices and computer servers or other machines, or between wireless devices, with limited or no manual intervention or supervision. All terms and conditions of the Agreement apply to M2M service, which shall be deemed a “Wireless Service,” and M2M Lines, except as modified below. M2M Attainment Tier and Discounts M2M Attainment Tier: The range of total M2M lines that are active under this Agreement at a given time, which determines the applicable M2M monthly access fee discounts. M2M lines do not count towards Customer’s voice/non-M2M data Attainment Tier and/or revenue commitment under this or any other Agreement, nor do voice/Data lines under this or any other Agreement apply toward the M2M Attainment Tier. Eligible M2M Plans: Verizon Wireless M2M plan with a monthly access fee of $34.99 or higher unless such plan specifies that discounts are not applicable. M2M plans can be activated for 12 or 24 month Line Terms or on a month-to-month basis. M2M Attainment Tier and Monthly Access Fee Discount on Eligible M2M Calling Plans 500 - 999 1,000 - 4,999 5,000 - 9,999 11% 13% 15% 1. M2M Line: An individual line of Wireless Service used for Machine-to-Machine transmission. 2. M2M Equipment: Customer must provide its own M2M equipment, which must be listed on Verizon Wireless’s approved device list at the time of activation, when activating service on a Verizon Wireless M2M Plan. Customer may not activate equipment purchased from Verizon on M2M plans. 3. Activation and Early Termination Fees: Activation and early termination fees are waived for government subscribers. 4. M2M Attainment Tier: To activate M2M Lines and be eligible for the attached Verizon Wireless M2M Plans, Customer must maintain a minimum of 5 M2M Lines at all times. Customer must achieve and maintain its initial minimum of active M2M Lines (“M2M Attainment Tier”) within 180 days from the Effective Date of this Addendum. M2M Attainment Tier and discount changes will be in accordance with the Attainment Tier and Discount Changes section of the Agreement. Contract No.: MA4974 Amendment 16 Page 20 of 27 EXHIBIT 15-B ADDITIONAL PRICING FOR DATA ONLY PLANS 3G Mobile Broadband M2M Plans The 3G Mobile Broadband M2M Plans with monthly access fees $34.99 or higher are eligible for the M2M Monthly Access Fee Discounts. Monthly Access Allowance Overage Rate per KB Share Option* NationalAccess Roaming per KB (Canada) $8.99 1MB $0.0050 Tier 1 $0.002 $10.99 2MB $12.99 3MB $14.99 4MB $16.99 5MB $19.99 10MB $29.99 25MB $39.99 50MB $0.0003 Tier 2 $0.002 $49.99 250MB $59.99 1GB $99.99 5GB Tier 3 Note: Current NationalAccess and Mobile Broadband coverage details can be found at www.verizonwireless.com. *Sharing: Sharing among M2M lines is available only among lines active on plans in the same sharing tier (Tier 1 includes plans from 1MB through 25MB, Tier 2 includes plans from 50MB, 250MB and 1GB, and Tier 3 includes only the 5GB plan). Sharing is available only among Corporate Subscribers to the 3G Mobile Broadband M2M SharePlans. Each sharing Subscriber’s unused KBs will pass to other sharing Subscribers that have exceeded their MB allowance, during the same monthly billing period. Customer must maintain a minimum of ten (10) Telemetry Units choosing a 3G Mobile Broadband M2M SharePlan at all times to qualify, otherwise Verizon Wireless reserves the right to cease offering the 3G Mobile Broadband M2M SharePlans and migrate existing units to the 3G Mobile Broadband M2M Plans (without sharing). Unused KBs will be distributed proportionally as a ratio of the KBs needed by each applicable Telemetry Unit to the total KBs needed by all sharing Telemetry Unit’s. Sharing is also available among the $39.99/50 MB, $49.99/250 MB and the $59.99/1 GB plan groups. The $99.99 5GB plan can only share with itself. Calling plan changes may not take effect until the billing cycle following the change request. Some sharing accounts require set up that may take thirty (30) to sixty (60) days. 3G Mobile Broadband M2M Plans The 3G Mobile Broadband M2M Plans with monthly access fees $34.99 or higher are eligible for the M2M Monthly Access Fee Discounts Monthly Access Allowance Overage Rate per KB Share Option* Monthly fee for Share Option NationalAccess Roaming per KB (Canada) $5.00 1MB $3 per MB Tier 1 Included $0.002 $7.00 5MB $10.00 25MB $15.00 50MB Tier 2 $25.00 250MB $10 per Line $0.002 $50.00 5GB Tier 3 Note: Current data coverage details can be found at www.verizonwireless.com. *Sharing: Sharing among M2M lines is available only among lines active on plans in the same sharing tier (Tier 1 includes plans from 1MB through 25MB, Tier 2 includes plans from 50MB and 250MB, and Tier 3 includes the 5GB plan - the 5GB shares only with itself). Sharing set up may require separate billing accounts. Sharing is available only among Corporate Subscribers to the Mobile Broadband M2M Megabyte Plans. Each sharing Subscriber’s unused KBs will pass to other sharing Subscribers that have exceeded their MB allowance, during the same monthly billing period. Customer must maintain a minimum of ten (10) M2M Lines choosing a Mobile Broadband M2M Megabyte Plan at all times to qualify, otherwise Verizon Wireless reserves the right to cease offering the Mobile Broadband M2M Megabyte Plans and migrate existing M2M Lines to the Mobile Broadband M2M Megabyte Plans (without sharing). Unused KBs will be distributed proportionally as a ratio of the KBs needed by each applicable M2M Lines to the total KBs needed by all sharing M2M Lines. Calling plan changes may not take effect until the billing cycle following the change request. Some sharing accounts require set up that may take thirty (30) to sixty (60) days. Contract No.: MA4974 Amendment 16 Page 21 of 27 3G M2M Data Plan Terms and Conditions Contract No.: MA4974 Amendment 16 Page 22 of 27 A data session is inactive when no data is being transferred, and may seem inactive while data is actively being transferred to a device, or seem active when actually cached and not transferring data. " Customer must maintain virus protection when accessing the service and is responsible for all data sent and received including “overhead” (data that is in addition to user-transmitted data, including control, operational and routing instructions, error- checking characters as well as retransmissions of user-data messages that are received in error) whether or not such data is actually received. Verizon Wireless will not be liable for problems receiving Service that result from Customer’s device. Megabyte (MB) Data Plans: M2M data usage is rounded to next full kilobyte at end of each billing cycle. Any unused portion of the megabyte allowance is lost. Equipment will not indicate kilobyte usage. NationalAccess Roaming Feature: Not for use with Mobile Office Kits. Dynamic IP addresses will be assigned when roaming. Usage rounded up to next full kilobyte. For information on where NationalAccess Roaming is available, see www.verizonwireless.com. Roaming in CDMA countries outside of the US: Roaming in CDMA countries is $0.69 per minute plus the servicing carrier's long distance charges, toll charges, surcharges and taxes, which are billed on a pass-through basis. Roaming rates in Canada and Mexico may vary. Roaming in CDMA countries is only available in “CDMA” mode where service is available. An update to Equipment software is required to roam in S. Korea. Data Roaming: In the Canadian Broadband and Canadian Enhanced Services Rate and Coverage Areas, usage will be charged at a rate of $0.002/KB or $2.05/MB. In the Mexican Enhanced Services Rate and Coverage Area, usage will be charged at a rate of $0.005/KB or $51.2/MB. For more information on roaming in Canada and Mexico, visit verizonwireless.com/naroaming. In the Bermuda, China, Dominican Republic, Guam, India, Israel, Saipan and South Korea Enhanced Services Rate and Coverage Areas, usage will be billed at a rate of $0.02/KB or $20.48/MB. I-Dial is needed to roam in many destinations. Only the Canadian Broadband Rate and Coverage Area supports EV-DO. Wireless Data Services Contract # MA4974 Amendment 16 Page 23 State of Florida, Department of Management Services and Verizon Wireless EXHIBIT 15-B ADDITIONAL PRICING FOR DATA ONLY PLANS Enter the Usage Rate Above the Applicable Tier on a Cost/Kbytes Basis Note: Under no circumstance shall the end-user be charged more than the amount listed in the unlimited column * All other cost shall be bundled into the Airlink MR State of Florida BroadbandAccess 1 GB Data Plan The BroadbandAccess Data Plans are not eligible for monthly access fee discounts and promotions. BroadbandAccess With a PC Card or notetebook with BroadbandAccess Built-In Monthly Access Fee $42.99 Monthly Allowance 1 GB Overage Rate Per KB $0.0005 NationalAccess Roaming $0.002 per KB(Canada)/ $0.005 per KB (Mexico) Domestic Long Distance Included Notes: Current coverage details can be found at www.verizonwireless.com. See attached Calling Plan and Feature Details for important information about calling plans, features and options. Sharing is available only among Government Subscribers choosing the equivalent (same) State of Florida BroadbandAccess 1 GB Data Plan and each subscriber line must be on the same billing account number. Public Safety/NationalAccess Only Rate Plan All cost shall be listed on a Wireless Modem Number SUNCOM Users Verizon Pricing Monthly Recurring Wireless Modem Insurance Cost Tiered Wireless Data Airlink Cost* Monthly Recurring Cost (MRC) Basis Per - User up to 20Mbytes up to 40Mbytes Unlimited 1 to 49 N/A $33.19 $46.61 50 to 99 N/A $33.19 $46.61 100 to 299 N/A $33.19 $46.61 300 to 499 N/A $33.19 $46.61 500 to 999 N/A $33.19 $46.61 1000 to 2499 N/A $33.19 $46.61 2500 to 4999 N/A $33.19 $46.61 5000 to 9999 N/A $33.19 $46.61 10000 (and over) N/A $33.19 $46.61 Wireless Data Services Contract # MA4974 Amendment 16 Page 24 State of Florida, Department of Management Services and Verizon Wireless EXHIBIT 15-B ADDITIONAL PRICING FOR DATA ONLY PLANS State of Florida BroadbandAccess 250 MB Data Plan The BroadbandAccess Data Plans are not eligible for monthly access fee discounts and promotions, when available. BroadbandAccess With a PC Card or notetebook with BroadbandAccess Built-In Monthly Access Fee $39.99 Monthly Allowance 250 MB Overage Rate Per KB $0.0005 NationalAccess Roaming $0.002 per KB(Canada)/ $0.005 per KB (Mexico) Domestic Long Distance Included Notes: Current coverage details can be found at www.verizonwireless.com. See attached Calling Plan and Feature Details for important information about calling plans, features and options. Sharing is available only among Government Subscribers choosing the equivalent (same) State of Florida BroadbandAccess 250 MB Data Plan and each subscriber line must be on the same billing account number. BroadbandAccess Business Continuity Calling Plan The BroadbandAccess Business Continuity Calling Plans are eligible for monthly access fee discounts. Monthly Access Fee $39.99 Monthly Access Fee with Share Option $44.99* MB Allowance 40 MB Overage Rate Per MB $1.00 ($0.001/KB) Home Airtime Rate† $0.25 per minute Domestic Long Distance Included Notes: Current NationalAccess, and BroadbandAccess coverage details can be found at www.verizonwireless.com. See attached Calling Plan and Feature Details for important information about calling plans and options. †Home Airtime Rate applies to voice calls, IS-95 and other non-NationalAccess data usage in the United States. Verizon Wireless VZAccess Terms and Conditions apply. This service is not designed and not available for use as a primary connection or for network load balancing to offset periods of high data usage. In addition, the service is not a guaranteed backup connection in the event of disaster situations. The BroadbandAccess Business Continuity solution is available with the Mobile Bridge gateway product only. The Mobile Bridge device supports the VZW V620, Kyocera KPC 650, and the VZW 5740 PC Card’s when used within a laptop. Share Option: Sharing is available only among Government Subscribers to BroadbandAccess Business Continuity Calling Plan with the Share Option. Each sharing Subscriber's unused KBs will pass to other sharing Subscribers that have exceeded their MB allowance during the same monthly billing period. An Eligible User must maintain a minimum of one hundred (100) Government Subscribers choosing the BroadbandAccess Business Continuity Calling Plan with the share option at all times to qualify, otherwise Verizon Wireless reserves the right to remove the Share Option from all Subscribers. Unused KBs will be distributed proportionally as a ratio of the KBs needed by each applicable Subscriber to the total KBs needed by all sharing Subscribers. Calling plan changes may not take effect until the billing cycle following the change request. Sharing accounts require set up that may take thirty (30) to sixty (60) days. *The Share Option may not be currently available and the monthly access fee is subject to change. MobileBridge $765.00 (per device) Verizon Wireless is not the manufacturer of the Mobile Bridge device and makes no representations or warranties whatsoever, either express or implied, with respect to such device. The Mobile Bridge device is manufactured by Lucent Technologies. Customer support for the Mobile Bridge device must be obtained from the device manufacturer. If Verizon Wireless in its sole discretion determines that a Business Continuity related inquiry from a Subscriber is related to the Mobile Bridge device, it may transfer the service request to appropriate representatives of the device manufacturer. The Mobile Bridge device supports the VZW V620, Kyocera KPC 650, and the VZW 5740 PC Card’s only. Wireless Data Services Contract # MA4974 Amendment 16 Page 25 State of Florida, Department of Management Services and Verizon Wireless VZAccessSM Plans (BroadbandAccess) for Internet browsing, email, or intranet access The State of Florida BroadbandAccess Specified Use Plan is not eligible for any monthly access fee discounts. State of Florida BroadbandAccess Specified Use Plan Monthly Access Fee $39.99 Monthly Allowance Unlimited for Specified Use NationalAccess Roaming $0.002 per Kilobyte***(Canada) Other Data Services/ Per Minute Rate† $0.25 per minute Domestic Long Distance Included Notes: Current BroadbandAccess coverage details can be found at www.verizonwireless.com. See State of Florida Contract MA4974 for important information about calling plans, features and options. †Per Minute Rate applies to voice calls, IS-95 and other non-NationalAccess data usage in the United States. ***Subscribers to NationalAccess and BroadbandAccess Plans using Global PC Cards may also add GlobalAccess Pay-Per-Use at $0.002/KB in Canada, $0.020/KB in Tier 1 Countries, and $0.030/KB in Tier 2 Countries. Important Additional Calling Plan and Feature Details and Specified Use: NationalAccess, BroadbandAccess, and GlobalAccess data sessions may be used for the following purposes: (i) Internet browsing, (ii) e-mail, and (iii) intranet access (including access to corporate intranets, e-mail and individual productivity applications like customer relationship management, sales force and field service automation). Unlimited VZAccess services cannot be used (i) for uploading, downloading or streaming of movies, music or games, (ii) with server devices or with host computer applications, but not limited to, Web camera posts or broadcasts, automatic data feeds, Voice over IP (VoIP), automated machine-to-machine connections, or peer-to-peer (P2P) file sharing, or (iii) as a substitute or backup for private lines or dedicated data connections. Data usage in excess of 5GB per line in a given month is presumed to be using the service in a manner prohibited pursuant to the Calling Plan and Feature Details, and Verizon Wireless reserves the right to immediately without notice, for any such subscriber, reduce throughput speeds of any application that would otherwise exceed such speed to a maximum of approximately 200 Kbps. These speeds are subject to change, in our reasonable discretion, in order to address network issues. Slower maximum speeds for certain applications in those instances where such applications would otherwise exceed 200 Kbps when accessing Mobile Broadband for up to 30 days. Customers that exceed the 5GB threshold after the initial rate-limit is removed, will be subject to another rate limit each month that they exceed the 5GB threshold. No notification prior to rate-limiting. Trade Secret, Confidential & Proprietary Information. Not for disclosure outside of the State of Florida without the prior written consent of Verizon Wireless. Wireless Data Services Contract # MA4974 Amendment 16 Page 26 State of Florida, Department of Management Services and Verizon Wireless Verizon Wireless Calling Plan and Features Details NationalAccess/ BroadbandAccess NationalAccess data sessions require NationalAccess capable Equipment and must be placed within NationalAccess service area. BroadbandAccess data sessions require BroadbandAccess capable Equipment and must be placed within BroadbandAccess service areas. For current NationalAccess and BroadbandAccess service areas, please visit www.verizonwireless.com. A data session is inactive when no data is being transferred, and may seem inactive while data is actively being transferred to a device, or seem active when actually cached and not transferring data. "END" or "DISCONNECT" MUST be pressed to ensure that session disconnects and charges cease, otherwise data sessions may automatically reinitiate without pressing "SEND" or "Connect". Monthly allowances apply only to NationalAccess/BroadbandAccess data transmissions, not to voice or other types of data transmission such as TXT Messaging and Mobile Web. Voice calls are possible when NationalAccess data session is inactive; however, charges apply simultaneously for the voice call in accordance with the Calling Plan. Voice calls are not available with BroadbandAccess. Customer must maintain virus protection when accessing the service and is responsible for all data sent and received including “overhead” (data that is in addition to user-transmitted data, including control, operational and routing instructions, error-checking characters as well as retransmissions of user-data messages that are received in error) whether or not such data is actually received. Verizon Wireless will not be liable for problems receiving Service that result from Customer’s device. Megabyte (MB) Data Plans: Megabyte NationalAccess data sessions need to be reinitiated after 24 hours. NationalAccess data usage is rounded to next full kilobyte at end of each billing cycle. Any unused portion of the megabyte allowance is lost. Equipment will not indicate kilobyte usage. NationalAccess (Minutes of Use) Plans: NationalAccess (Minutes of Use) Plan data sessions automatically terminate after five (5) minutes of inactivity unless connected via a Mobile IP (MIP) capable device. During data session, when traveling outside the NationalAccess area or connection is otherwise unavailable, and continuing with session after returning within five (5) minutes, the entire length of the data session will be billed. 777-000-0001 will be shown in dialed digits column of bill for NationalAccess data sessions. NationalAccess Roaming Feature: Not for use with Mobile Office Kits. Dynamic IP addresses will be assigned when roaming. Usage rounded up to next full kilobyte. For information on where NationalAccess Roaming is available, see www.verizonwireless.com. Roaming in CDMA countries outside of the US: Roaming in CDMA countries is $0.69 per minute plus the servicing carrier's long distance charges, toll charges, surcharges and taxes, which are billed on a pass-through basis. Roaming rates in Canada and Mexico may vary. Roaming in CDMA countries is only available in “CDMA” mode where service is available. An update to Equipment software is required to roam in S. Korea VZAccess and VZEmail VZAccess and VZEmail Plans and Features: VZAccess includes NationalAccess (IXRTT) and BroadbandAccess (EVDO) plans. VZEmail includes PDA/Smartphone and BlackBerry plans. VZAccess and VZEmail usage is subject to VZAccess Acceptable Use Policy, available on www.verizonwireless.com. VZEmail optional features may only be purchased in conjunction with eligible voice calling plan with a monthly access fee of $34.99 or higher. Monthly Megabyte allowances apply only to NationalAccess and BroadbandAccess data transmissions. Other data (Quick 2 NetSM or dial-up) transmissions and voice calls will be billed at the per-minute overage rate according to the VZAccess plan. For optional data features, “other data” will be billed as Anytime Minutes or at the per-minute overage rate according to the underlying calling plan. When traveling outside the National Enhanced Services Rate and Coverage Area, Subscribers may be charged at the “other data” rate for data usage. NationalAccess data sessions require a NationalAccess capable PC Card, PDA, BlackBerry or handset with its compatible Mobile Office Kit, and must be placed within NationalAccess service area. BroadbandAccess data sessions require BroadbandAccess capable Equipment and must be placed within BroadbandAccess service area. PDA/Smartphone and BlackBerry users that move to another calling plan from a VZEmail plan or feature or a Voice and Data Choice Bundle will not be able to use their PDA/Smartphone or BlackBerry on the new calling plan and will need to purchase or provide compatible voice Equipment to switch to the new calling plan. For current NationalAccess and BroadbandAccess service areas, please visit www.verizonwireless.com. All data sessions automatically terminate after 24 hours of activity and on VZAccess Plans after 2 hours if inactivity. Data session is inactive when no data is being transferred. Data session may seem inactive while data is actively being transferred to Equipment, or may seem active when it is actually cached and not transferring data. Subscriber MUST press or click END or DISCONNECT button to ensure that session disconnects and charges cease. Third-party applications may automatically reinitiate data sessions without the Subscriber pressing or clicking SEND or CONNECT button. Voice calls cannot be received when an e-mail or other data transmission is occurring. Voice calls are possible when NationalAccess data session is inactive; however, charges apply simultaneously to the data session and the voice call in accordance with the applicable plan. Voice calls are not available with BroadbandAccess. Customer must maintain virus protection when accessing the service. Customer is responsible for all charges, including all data sent and received and “overhead” whether or not Subscriber or recipients actually receive the data. “Overhead” is all data that is in addition to user-transmitted data, such as control, operational and routing instructions, error-checking characters and retransmissions of user-data messages that are received in error. VZEmail plans and optional features not available with PC cards or wireless modems, including wireless Equipment tethered to a PC. In order to use some VZEmail features and applications, Subscriber’s PC (or server where applicable) must be powered on, able to receive e-mail, and have Equipment manufacturer software (BlackBerry Desktop, Wireless Sync or Good Mobile Messaging) installed. If Equipment is turned off or if the Subscriber travels outside the NationalAccess service area, e-mail messages will be automatically stored for up to 7 days and forwarded when the Subscriber returns to the NationalAccess service area. Receiving e-mail attachments and graphics may be limited based on the Equipment model or software. With some Equipment, e-mails received may display only the first 2 kilobytes of information with additional 2 kilobyte increments delivered at the Subscriber’s request. NationalAccess, BroadbandAccess, and GlobalAccess, Push to Talk, and certain VZEmail services may only be used with wireless devices for the following purposes: (i) Internet browsing, (ii) e-mail, and (iii) intranet access (including access to corporate intranets, e-mail and individual productivity applications like customer relationship management, sales force and field service automation). The VZAccess, VZEmail and Push to Talk services may not be used for any other purpose. Examples of prohibited uses include, without limitation, the following (i) continuous uploading, downloading or streaming of audio or video programming or games, (ii) server devices or with host computer applications, other than applications required for BlackBerry or Wireless Sync service, Wireless Data Services Contract # MA4974 Amendment 16 Page 27 State of Florida, Department of Management Services and Verizon Wireless including, but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections, or peer-to-peer (P2P) file sharing, or (iii) as a substitute or backup for private lines or dedicated data connections. Additionally, Unlimited VZEmail services cannot be used for, (i) access to the Internet, intranets or other data networks, except as the Equipment’s native applications and capabilities permit, or (ii) for any applications that tether Equipment to laptops or personal computers other than for use of the Wireless Sync or BlackBerry Solutions with a BroadbandAccess Connect Optional Feature. Verizon Wireless reserves the right to limit throughput or amount of data transferred. Data usage in excess of 5GB per line in a given month is presumed to be using the service in a manner prohibited above, and Verizon Wireless reserves the right to immediately terminate the service of any such Subscriber without notice. BroadbandAccess and NationalAccess data sessions automatically terminate after 2 hours of inactivity, unless Subscriber has Mobile IP (MIP) capable Equipment. Megabyte (MB) Data Plans: Megabyte allowance and charges for kilobytes over the monthly allowance apply to NationalAccess and BroadbandAccess data sessions and are rounded to next full kilobyte at end of each billing cycle. Only total of kilobytes transmitted above allowance each billing cycle may appear on bill. VZEmail Server Software (Wireless Sync Enterprise Server, Good Mobile Messaging Server, and BlackBerry Enterprise Server (BES)): Verizon Wireless is not the licensor of the Wireless Sync Enterprise Server, Good Mobile Messaging Server or BES Server and makes no representations or warranties whatsoever, either express or implied, with respect to such servers and associated software. The Wireless Sync Enterprise Server software is manufactured by Intellisync. The Good Mobile Messaging Server is manufactured by and sold separately by Good Technology. The BES software is manufactured by Research in Motion (“RIM”). Any license for such software must be obtained directly from the software manufacturer either upon purchase or installation of the software. Customer support for the Wireless Sync Enterprise Server, Good Mobile Messaging, or BES software must be obtained from the software manufacturer. If Verizon Wireless in its sole discretion determines that a PDA or BlackBerry related inquiry from a Subscriber is related to the Wireless Sync Enterprise Server, Good Mobile Messaging or BES software and not one concerning Equipment or desktop software, it may transfer the service request to appropriate representatives of the software manufacturer. When you use Microsoft’s Exchange ActiveSync, Notify’s NotifyLink, or Intellisync’s Intellisync Mobile Suite, you may be charged for an incoming Text Message every time you receive an email or other update. To avoid Text Messaging charges, you can set up timed synchronization or manually initiate synchronization. Wireless Sync software updates will be sent to Subscriber devices and will be charged as a data call. NationalAccess Roaming Feature: Not for use with Mobile Office Kits. Dynamic IP addresses will be assigned when roaming. Usage rounded up to next full kilobyte. For information on where NationalAccess Roaming is available, see www.verizonwireless.com. GlobalAccess: Global PC Card required for international use. Global PC Cards will not work in the United States or Canada and GlobalAccess Subscribers will need a NationalAccess or BroadbandAccess PC card for domestic use. The domestic and Global PC Cards cannot be used at the same time. Prior to leaving the United States, Subscribers must install GlobalAccess VZAccess ManagerSM and run the OTA wizard. GlobalAccess Subscribers must activate and update their Preferred Roaming lists while in the National Enhanced Services Rate and Coverage Area every three months. Verizon Wireless reserves the right to terminate the service of any Subscriber whose total usage is less than half on the Verizon Wireless National Enhanced Services Rate and Coverage Area over three consecutive billing cycles. GlobalEmail: GlobalEmail capable equipment required. Verizon Wireless reserves the right to terminate the GlobalEmail service of Subscribers that have less than half of their usage on the Verizon Wireless National Enhanced Services Rate and Coverage Area over three consecutive billing cycles. GlobalEmail Subscribers must activate and update their Preferred Roaming lists while in the National Enhanced Services Rate and Coverage Area every three months. Text messaging billed at standard domestic and international Text Messaging rates. Existing Verizon Wireless Subscribers migrating to GlobalEmail plans may be required to extend their Line Term. GlobalAccess and Global Email SIM Cards: SIM Cards are available for use only with your Global PC Card, Global PDA, or Global Phone, and only for the purposes of those services. Verizon Wireless is not responsible for any unauthorized use of Subscriber’s SIM Cards and Subscriber must safeguard security codes. Upon termination of service, Subscriber must destroy SIM Card. State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 1 of 68 Wireless Voice Services Contract by and between State of Florida, Department of Management Services, and Verizon Wireless May 11, 2005 Summary Contents Contract 1 ITN Special Instructions 2 Technical Requirements 3 General Instructions to Respondents (PUR 1001) 4 General Contract Conditions (PUR 1000) 5 Special Contract Conditions 6 Forms and Worksheets State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 3 of 68 1 ITN Special Instructions 1.1 Introduction a) The State of Florida, Department of Management Services (“the Department”) is issuing this Invitation to Negotiate (“ITN”) to solicit responses from potential respondents for the provision of wireless voice services. b) The State of Florida, Department of Management Services, invites interested Vendors to submit responses in accordance with these solicitation documents. The purpose of this solicitation is to establish a sixty (60) month State Term Contract for the provision of wireless voice services. Note that there is an option to renew the resulting Contract as provided in Chapter 287, Florida Statutes. Any renewal will be at the same terms and conditions of the original term of the Contract. 1.2 Background The current contract, which this contract will succeed, is estimated at $50 million annual spend of which approximately $12 million is by State Agencies. This estimated figure is provided as a historical reference of prior expenditures within the State and should not be interpreted or construed as representing future purchases by the State or Eligible Users as defined in Section 1.5. 1.3 Contact Person Refer ALL Inquiries to: Stu Potlock, Purchasing Analyst State Purchasing Department of Management Services 4050 Esplanade Way, Suite 315 Tallahassee, FL 32399-0950 1.4 Order of Precedence a) Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly. In the event any conflict exists between the Special and General Instructions, those instructions specified in the Special Instructions shall prevail. After successful negotiations, Contractor(s) shall sign a Contract form incorporating the solicitation materials and any additional terms and conditions resulting from the negotiation process. b) All responses are subject to the terms of the following sections of this ITN, which, in case of conflict, shall have the order of precedence listed: • Technical Requirements • Special Instructions • Special Conditions (if applicable) • Instruction to Respondents (PUR 1001) • General Conditions (PUR 1000) State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 4 of 68 • Forms • Pricing Worksheet c) Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly. In the event any conflict exists between the Special and General Instructions, those instructions specified in the Special Instructions shall prevail. d) The Department will consider additional terms and conditions submitted by a respondent that may be submitted as part of a respondent’s response. This willingness to consider additional terms and conditions takes precedence over the language contained in the General Instructions (PUR 1001), paragraph four. 1.5 Definitions The definitions found in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: a) "The Department" means the entity that has released the solicitation. b) “Eligible Users is defined in 60A-1.005, F.A.C. The term includes, but is not limited to Executive Branch, Legislative Branch, Judicial Branch, public schools, universities, community colleges, counties, cities, and other entities approved by Department of Management Services. With the consent of the successful Respondent, purchases may be made under the terms and conditions of this ITN by governmental entities located outside the State of Florida. Appropriate governmental entities' purchasing laws, rules and regulations shall apply to purchases made under this contract. Also, with the consent of the successful Respondent, purchases may be made under the terms and conditions of this ITN by vendors providing contractual services to Eligible Users, under the condition that Wireless Voice Services are being used in the delivery of contractual services to Eligible Users. (See Section 5.8, Cooperative Purchasing as the Contractor will not make this Contract or pricing available to governments outside of Florida.) c) “Customer” – The entity that is issuing a Purchase Order. 1.6 Who May Respond a) Fully licensed Wireless Voice Services providers as described in Section 2.0 of this ITN who are in good standing with the State of Florida, meet the Technical Requirements, and which possess the financial capability, experience and personnel resources to provide service of the scope and breadth described in this ITN. b) The Department and Eligible Users retain the right to request additional information pertaining to the Respondent's ability and qualifications to accomplish all services described in this ITN as deemed necessary during the ITN or after contract award. 1.7 MyFloridaMarketPlace ITN Overview The Department uses the MyFloridaMarketPlace system to receive bids electronically. See paragraph three of the General Instructions (PUR 1001) for more detail. State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 5 of 68 1.8 MyFloridaMarketPlace Sourcing Tool Tips a) When working in the Sourcing tool, be aware of the twenty minute time-out function in the tool. This means that you should save your work (click the SAVE button) at intervals of less than twenty minutes to ensure your entries since you last saved are not lost. b) Please note that clicking the SAVE button within the Sourcing tool only saves your ITN responses. The SAVE button does not transmit your ITN response to the State. In order to transmit your ITN response to the State, you must click the SUBMIT button on the SUMMARY page of the ITN response. c) After clicking the SUBMIT button, it is the Respondent’s responsibility to check any submitted response within the Sourcing tool to verify that the response is accurately and completely captured within the Sourcing too. Respondents must do this while there is sufficient time remaining in the Solicitation period in the event you discover an error and need to resubmit a revised response. d) To validate your response, you should do the following before the Solicitation period ends: Go to My Responses tab within Sourcing tool after you submitted your response Click on the Response ID number of your last submitted response Review response to make sure all responses are complete, accurate and as you intended to submit. Minimum areas to check are: • text boxes – Is your entire answer viewable? • Yes/No questions – Is the displayed answer correct? • All uploaded document files / scanned documents – Can you open attached document and clearly view entire content? • Pricing Information – Are all prices you intended to submit visible and accurately captured within Sourcing tool? e) It is strongly recommended not to wait until the last minute to upload and validate your response to this or any solicitation. 1.9 Email Notification Respondents are reminded that the Sourcing tool’s email notifications are an option provided to Respondents as a courtesy. The State of Florida is not under any obligation and does not guarantee that Respondents will receive email notifications concerning the posting, amendment or close of ITNs. Respondents are responsible for checking the MyFloridaMarketPlace Sourcing tool and / or the Vendor Bid System for information and updates concerning this ITN. 1.10 MFMP Sourcing Tool Training for Respondents a) An optional conference call training session on how to use the MyFloridaMarketPlace Sourcing Tool for this ITN is scheduled on the date indicated on the Event Timeline. State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 6 of 68 Please go to: http://marketplace.myflorida.com/vendor/vendor_solicitation/rfp_event_user_guide.pps and review the vendor training link and download the document titled Contractor Training_ITN.ppt. Please have this document open on your desktop while participating on the call. To participate in the conference call, please call in to the number provided approximately 1 minute before the scheduled time. b) Additionally, an On-Demand web-based interactive training application to learn how to respond to an event using the MyFloridaMarketPlace sourcing tool is also available. This is another vehicle to receive training on how to use MyFloridaMarketPlace Sourcing tool if you cannot make the Optional training conference call or want additional guidance. The link is http://marketplace.myflorida.com/vendor/vendor_training.htm click on Responding to Sourcing Event. 1.11 Amendments to the ITN Documents The Department reserves the right to issue amendments to the ITN. Notice of any amendment will be posted within MyFloridaMarketPlace and the Vendor Bid System. Such notice, if required, will contain the appropriate details for identifying and/or reviewing the formal changes to the ITN. Each Respondent is responsible for monitoring the site for new or changing information concerning this ITN. 1.12 Ordering Instructions Ordering Instructions included in the sourcing tool shall identify persons responsible for answering questions about the Response and administering the resulting Contract and shall provide information necessary for placing orders under the Contract. 1.13 Basis for Award a) The Department may make awards to one or more Respondents whose proposals are deemed to offer the greatest value to the State. b) The Department reserves the right to accept or reject any and all Responses, or separable portions, and to waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the State’s best interest. c) The Department intends to review and evaluate the Respondent’s offer in two (2) separate stages. Stage I evaluation will involve the review and evaluation of the Respondent’s submittal of information requested in the Stage I questionnaire, contained within this ITN. This evaluation will include a review of the percentage of the State a Respondent can cover with 98% wireless network availability, the percentage of that 98% wireless network availability derived from the Respondent’s home network and roaming partners respectively as substantiated by Respondent submitted engineering coverage maps. Additional Stage I evaluation components will be Respondent’s willingness to provide meaningful remedies for substandard performance when measured against service level performance measurements as defined in Section 2.0, Technical Requirements, and overall compliance with Section 2.0 Technical Requirements. State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 7 of 68 d) Top scoring Stage I Respondents will be invited to Stage II negotiations that will include the Respondent’s pricing proposals. (See Section 6.0 for specific scoring criteria) Negotiations will begin with the highest scoring Respondent from Stage I and continue as necessary to the next highest Respondents until the Department has determined that statewide service coverage is achieved. Should the Department determine that a single provider is unable to provide the State with satisfactory full statewide coverage, subsequent negotiations shall take place until the Department is satisfied that the identified Respondent(s) can adequately provide the best wireless voice coverage to the State at the most advantageous price. The Department will seek the best combination of wireless coverage at the most advantageous price to the State. 1.14 Submittal of Response a) Respondents will submit their offer via the MyFloridaMarketPlace Sourcing System. In the event a Respondent submits more than one response, only the last response received by the system shall be considered for award. Offers not submitted within the System shall be rejected. Each Respondent is responsible for ensuring that the offer is submitted before the submittal deadline noted on the Event Timeline. b) The Department shall not consider late offers and the System will NOT accept offers after the due date and time specified in the Event Timeline or as amended by the Department. The System will require Respondents to review Respondent Checklist and confirm that they have completed all required activities before accepting offer. The Respondent Checklist does not relieve the Respondent of responsibility for ensuring that all requirements of the proposal are included with the proposal submittal. OFFERS MUST BE SUBMITTED IN THE MYFLORIDAMARKETPLACE SOURCING TOOL BY THE DATE AND TIME SPECIFIED ON THE EVENT TIMELINE. 1.15 Electronic Posting of Ranking of Respondents prior to Negotiations and upon Final Award. a) Offers shall be opened on the date and time indicated on the timeline (“Timeline”), and thereafter evaluated. Prices will not be read, pursuant to section 119.07(3)(m) of the Florida Statutes. After evaluating the replies, on the date indicated on the Timeline the Department shall electronically post the ranking at http://fcn.state.fl.us/owa_vbs/owa/vbs_www.main_menu and also in MyFloridaMarketPlace. b) After negotiations, on the date indicated on the Timeline the Department shall electronically post a notice of intended award. If the ranking or award is delayed, in lieu of posting them on the date indicated on the Timeline the Department shall post a notice of the delay and a revised date for posting the ranking or notice of intended award. Any person who is adversely affected by the decision shall file with the Department a notice of protest within 72 hours after the electronic posting (see paragraph 19 of the General Instructions (PUR 1001) for more information on protests). The Department shall not provide reply rankings or notices of award by telephone. State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 8 of 68 1.16 One Florida Initiative a) Florida is a state rich in its diversity. Governor Bush's One Florida Initiative is dedicated to fostering the continued development and economic growth of small and minority and women-owned businesses. Central to this initiative is the participation of a diverse group of vendors doing business with the state. b) To this end, it is vital that minority and women-owned business enterprises participate in the State’s procurement process as both prime contractors and subcontractors under prime contracts. Small and minority and women-owned businesses are strongly encouraged to submit replies to this ITN. c) To track the success of the One Florida Initiative, which has achieved substantial gains in extending opportunity to minority- and women-owned businesses, the State of Florida maintains data to establish benchmarks from which to measure Contractor diversity in State contracting. Vendors who contract with the state are obligated to provide information related to the use of minority- and women-owned businesses and subcontractors. d) The Respondent shall submit documentation addressing the Governor’s One Florida Initiative and describing the efforts being made to encourage the participation of small and minority and women-owned businesses. Respondent’s Plan will be submitted via the Sourcing tool in Stage 3. Please refer to the Governor’s “Equity in Contracting Plan” when preparing this documentation: http://www.oneflorida.org/myflorida/government/governorinitiatives/one_florida/equity_co ntracting.html e) Equity in Contracting documentation should identify any participation by diverse contractors and Contractors as prime contractors, sub-contractors, vendors, resellers, distributors, or such other participation as the parties may agree. Equity in Contracting documentation shall include the timely reporting of spending with certified and other minority business enterprises. Such reports must be submitted at least quarterly and include the period covered, the name, minority code and Federal Employer Identification Number of each minority vendor utilized during the period, commodities and services provided by the minority business enterprise, and the amount paid to each minority vendor on behalf of each purchasing Department ordering under the terms of this contract. 1.17 Environmental Considerations The State supports and encourages initiatives to protect and preserve our environment. The Respondent shall submit as part of any proposal the Respondent’s plan to support the procurement of products and materials with recycled content, and the intent of Section 287.045, Florida Statutes. The Respondent shall also provide a plan for reducing and or handling of any hazardous waste generated by Respondent company. Reference Rule 62-730.160, Florida Administrative Code. It is a requirement of the Florida Department of Environmental Protection that a generator of hazardous waste materials that exceeds a certain threshold must have a valid and current Hazardous Waste Generator Identification Number. This identification number shall be submitted as State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 9 of 68 part of Respondent’s explanation of its company’s hazardous waste plan and shall explain in detail its handling and disposal of this waste. 1.18 Certification of Drug-Free Workplace Program The State supports and encourages initiatives to keep the workplaces of Florida’s Contractors and contractor’s drug free. Section 287.087 of the Florida Statutes provides that, where identical tie Responses are received, preference shall be given to a proposal received from a Respondent that certifies it has implemented a drug-free workforce program. If applicable, Respondent shall submit the attached ”Certification of Drug-Free Workplace Program” form to certify that the Respondent has a drug-free workplace program. The Respondent shall describe how it will address the implementation of a drug free workplace in offering the items in this ITN. 1.19 Products Available from the Blind or Other Handicapped a) The State supports and encourages the gainful employment of citizens with disabilities. It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit Department for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state Department insofar as dealings with such qualified nonprofit Department are concerned." Additional information about the designated nonprofit Department and the products it offers is available at http://www.respectofflorida.org. b) The Respondent shall describe how it will address the use of RESPECT in offering the items in this ITN. 1.20 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) a) The State supports and encourages the use of Florida correctional work programs. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this contract shall be purchased from the corporation identified under Chapter 946, F.S., in the same manner and under the same procedures set forth in Section 946.515(2), and (4), F.S.; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this Department insofar as dealings with such corporation are concerned. Additional information about PRIDE and the products it offers is available at http://www.pridefl.com. b) The Respondent shall describe how it will address the use of PRIDE in offering the items in this ITN. State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 10 of 68 2. Technical Requirements Table of Contents 2.1 Scope 2.2 System Coverage 2.3 Accessories and Services 2.4 Testing and Evaluation 2.5 Emergency Operations 2.6 Wireless Fraud 2.7 Digital Voice services 2.8 Standards 2.9 Equipment Specifications 2.10 Custom Calling Features 2.11 Wireless Number Portability (WLNP) 2.12 Wireless Emergency Telephone Number 911 2.13 Contractor Web Page Requirements State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 11 of 68 2.1 Scope: a) The State of Florida desires to enter into a State Term Contract for the purchase of wireless voice equipment and services consistent with the requirements of this ITN. The term wireless voice services, as used herein, means the Cellular Radio Service, (cellular), Personal Communications Service (PCS) and the Special Mobile Relay (SMR/ESMR) radio telephone services, as established under the rules and regulations of the Federal Communications Commission (FCC). b) Wireless voice services shall include, as a standard feature, unrestricted full duplex mobile to mobile and mobile to landline (PSTN) communications. Half-duplex (push- to-talk) communications, may be offered as a separate category of service. 2.2 System Coverage: a) The Respondent shall furnish in their offer a current coverage map to validate the counties, or portions thereof, where the respondent is providing wireless voice services. The map shall be geographically accurate, and drawn to a scale of 1:1,000,000 (1 inch=15.78 miles) or less. The coverage map shall include, at a minimum, county boundary, cities, major highways, and shading or other means to indicate the areas in which two-way wireless voice communications can be conducted without noticeable loss of service. b) The Respondent shall complete Table 1 in Section 6.05, “Network Coverage Table” to provide information regarding its services in each county. The Respondent shall provide the percentage of coverage provided per county, shall indicate where a local number is available, and indicate where roaming partners used. The formula for scoring this information is provided in Section 6.06 “Technical Proposal Evaluation Sheet”. c) After contract award, and as service areas are expanded by the addition of new transmission facility sites or other capabilities, the award winner(s) shall provide updated coverage maps to the State on regular intervals. The coverage maps shall be posted on the Internet by the Service Provider. 2.3 Accessories and Services: a) Accessories and optional service offerings shall be available for purchase by Eligible Contract Users from awarded respondents. Accessories and Services shall include new emerging voice technology and services that become available during the term of this Contract. The Department reserves the right to accept or reject any individual item(s) or all items offered as an Accessory or Service. b) Additional Phones In addition to a basic phone, Contractor will include additional models that are available at additional cost. See Contractor attached Offer and Price Schedule for complete details. State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 12 of 68 c) Phone Accessories Contractor maintains a large variety of phone accessories for each of the phone models that the Contractor offers. Contractor shall make available to Customers all of the accessories Contractor has available for the equipment models offered to the State. Accessory pricing will include a significant discount off retail for Customers. The specific accessories for each phone model vary, but may include: i. hands-free head sets, ear buds, or ear booms; ii. hatis hearing aid compatible hand-free devices and accessories; iii. blue tooth head sets; iv. blue tooth hands-free speakerphone kits; v. belt clips or holsters; vi. leather, color and fashion cases; vii. color face plates; viii. spare, replacement and extended batteries; ix. travel charges; x. vehicle power adapters; xi. desktop chargers; and xii. car kits. Not all accessories are available for every model of phone. Contractor Accessory List with pricing will be provided upon request. d) Service Options Contractor’s offer to the State includes Call Forwarding, Call Waiting, 3-Way Calling, and Basic Voice Mail as required in Section 2.10.b of the ITN. In addition, Contractor will make available to Customers a large variety of service options with State approval. These include the options described below as well as other options Contractor may add in the future that are within the scope of the ITN and Contractor’s Offer and Price Schedule. Contractor is providing brief descriptions of these items below. Some optional services are only available with digital service. Complete details of each of these options are available online at www.verizonwireless.com. Contractor shall also provide additional information about any of them to the State upon request. Service limitations, terms, conditions and pricing for these options are included in Contractor attached Offer and Price Schedule. State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 13 of 68 e) 411 Connect® Directory assistance with automatic call completion. f) No Answer/Busy Transfer Transfer unanswered or busy calls to another number. g) TXT Messaging TXT Messaging is the two-way text messaging service designed for use throughout the Contractor coast-to-coast digital service area. Users can send messages of up to 160 characters (.02 per additional inbound message/ 0.10 per additional outbound message per address, see Contractor feature pricing at www.verizonwireless.com). TXT Messaging increases the utility of wireless handsets by giving subscribers two choices in how they use their phones to communicate: talk and text. 2.4 Testing and Evaluation: a) Customers, prior to sign-up, shall have the option, at no additional cost, to obtain at least one of each type of wireless voice equipment and services on a loan basis for the purpose of evaluating wireless voice services and system coverage for a period of at least thirty working days. b) Each Florida State Agency or Eligible User establishing service under the State Contract will designate a Contract Manager or single point of contact (SPOC), or multiple Single Points of contact when Agencies maintain decentralized business offices, which will be the liaison with Contractor with regard to their Customer account. In regard to Testing and Evaluation, the SPOC will be the only authorized contact with Contractor to order equipment, add lines of service, cancel service, make changes to the account and report service and billing issues. Agencies may designate additional or back-up Contract Manager/ SPOCs if they desire. c) The Contract Manager/ SPOC for a State Customer may request equipment for testing from Contractor’s Account Managers assigned to the Florida State contract. Contractor will provide a reasonable level of test phones to Customers for the purpose of evaluating Contractor wireless voice services and system coverage for a period of up to thirty working days. Test phones must be returned after thirty days. Test phones will be provided at no additional cost. However, Customers are responsible for all access and airtime charges incurred on the test phones at State Contract rates. d) Customers requesting equipment for testing will be required to execute Contractor’s Demo Agreement and agree to pay for damaged, lost or stolen equipment. 2.5 Emergency Operations: a) Service providers shall work with the State of Florida Emergency Operations Center (EOC), Emergency Support Function Number 2 (ESF-2) to provide wireless phones and service in times of state and local disasters and recovery operations. Service State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 14 of 68 providers shall be prepared to deliver up to 500 phones within 24 hours after receiving request to any location within the provider’s service area established by Contract pursuant to the solicitation. b) The Contractor shall maintain an inventory of emergency phones at the Contractor’s offices in Tampa and Boca Raton. For quick availability, the phones are already provisioned in Contractor billing system on an active phone account. Upon request from ESF-2, Contractor will un-suspend the phones and arrange delivery to the State’s requested delivery location. Contractor may utilize a commercial delivery service or utilize Contractor personnel to deliver the phones. Contractor will provide up to 500 phones, with airtime at no charge, within 24 hours after receiving the request from ESF-2. Conditions in an emergency or disaster may by nature include disruption of public transportation or blocked roadways. Should Contractor determine that such conditions may prevent delivery of phones within 24 hours, Contractor will contact ESF-2 for assistance with alternate means of delivery and instructions. In such conditions, Contractor will endeavor to deliver emergency phones as quickly as possible. Contractor used this process to support the State following the hurricanes this year. c) Emergency phones are only of use if network service is available. Contractor is aggressive in striving for its wireless network to be continually operating at optimal performance levels to provide consistent call quality and reliability. As with all transmissions, notwithstanding general availability of service, reception may be affected due to topography, atmospheric and environmental conditions, and the location of the user. Thus, Contractor has planned, designed, and maintains systems to promote the integrity, accuracy, privacy, and continuous availability and reliability of its network. Contractor provides voice service through a sophisticated network consisting of dozens of switching systems and thousands of base stations throughout Contractor cellular footprint. The fully redundant switching systems are distributed throughout the different geographic regions in order to reduce the possibility of losing more than one switch in an unexpected occurrence. d) The switches and cell sites have battery backup, and in most cases, independent diesel power sources. Most of the hardware Contractor uses is redundant and utilizes automatic cut over in case of failure. In most markets, the switching is diversified so in the event of failure, traffic can be rerouted. e) Contractor maintains Cells on Wheels (COWs) in many of its operating areas, which may be utilized to handle significant events. In anticipation of increased activity surrounding events with advance notice, Contractor takes steps to prepare to meet increased demands on the network. In some instances, Contractor deploys new cell sites to enhance coverage and capacity throughout the area of the particular event. Contractor utilizes COWS to quickly improve coverage and capacity at emergency site locations and in surrounding areas. Additional capacity can also be added to existing sites and to the supporting switching infrastructure. In other instances, Contractor deploys temporary cell sites to quickly meet increased network demands resulting from emergencies and major events. Upon request, Contractor would be happy to provide more detailed information about Contractor extensive network disaster preparedness. State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 15 of 68 2.6 Wireless Fraud: a) Fraud prevention including number theft via “cloning” is the responsibility and liability of the service provider. The Customer and Eligible Users will not be liable for any fraudulent use of the wireless systems or equipment furnished under any resulting contract. b) Contractor uses internal fraud prevention systems that are transparent to Contractor customers, such as fraud detection software that flags unusual calling activity. Contractor has significantly reduced cloning fraud for Contractor customers through the deployment of Contractor digital network and various anti-fraud technologies. Contractor currently uses authentication fraud technology to help prevent fraudulent use of Contractor network. This process virtually eliminates cloning fraud and provides customers more secure wireless communications. CDMA 2000 1X devices are authenticated by the network, prior to access, based on a cryptographic challenge-response authentication scheme. Each device is programmed with a secret A-Key/SSD that is shared only with the network's Authentication Center to enable the cryptographic authentication. c) The Contractor policy is to avoid holding legitimate customers liable for fraudulent calls unless due to the customers’ negligence. Therefore, when Contractor' proactive fraud detection systems determine that a subscriber’s phone has been cloned Contractor attempts to immediately contact the subscriber. Once in contact with the subscriber Contractor' fraud analysts explain the situation to the subscriber and determine the appropriate course of action. There are two methods that can be implemented when cloning is detected: i. if the equipment is not authenticatable the user may qualify for an equipment upgrade to an authenticatable phone at a promotional price, if available; and ii. mobile telephone number change. This last option shall be quickly facilitated while the customer is on the phone. 2.7 Digital Voice Services: a) Digital wireless voice services shall be offered under the Contract resulting from this solicitation as the primary communication mode. b) Two categories of phones are required: i. Category I, Full-duplex, Dual or Tri-mode Dual mode phones (800 MHz Cellular digital/analog) or Tri Mode phones shall be offered as the basic phone for all new subscribers as part of the service package. The term Tri-mode designates a phone that supports three combinations of frequency band and technology (modes). Tri-mode phones support analog cellular (AMPS) and a digital technology in both the 800/850 and 1900 MHz frequency bands. These phones shall feature full duplex mobile to mobile and PSTN interconnect operation. State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 16 of 68 ii. Category II, Full-Duplex Digital mode with PTT Phones shall feature a single, dual, or tri-mode digital communication mode with full duplex operation and PSTN interconnect as above, plus Push-to-Talk (PTT) operation between mobile units. Analog 800 MHz operation is not required, but may be included if so equipped. c) In the case of Customers with existing wireless equipment meeting system compatibility, subscriptions for wireless voice services only shall be accepted by the Service provider at the published contract rates. Customers who have existing equipment may convert to Contractor service under this Contract provided, not only that their equipment is compatible with Contractor technology, but also that the equipment is properly programmed and updated to currently required software. This will ensure the proper functioning and billing when they use their existing equipment with Contractor network. Most software updates and programming for compatible equipment shall be performed over the air by dialing *228 following the completion of the order in Contractor billing system. All updates not available by dialing over the air shall be provided at any Contractor Service Center. A listing of services centers is available at Verizonwireless.com. d) The grade of wireless voice services provided to Customers with respect to circuit quality, reliability, call completion, and time of access shall be equal to that provided to other commercial subscribers within the wireless voice services system’s published service area. 2.8 Standards: a) Contractor’s systems and equipment must meet or exceed all applicable industry standards as defined by the following standards bodies: American National Standards Institute -ANSI, (http://www.ansi.org/), the International Telecommunications Union - Telecommunications Committee or ITU-T (http://www.itu.int/ITU-T/), the Electronic Industry Alliance –EIA (http://www.eia.org/) or the Telecommunications Industry Association -TIA (http://www.tiaonline.org/standards/), and the Federal Communications Commission (FCC) http//www.fcc.gov. b) Established cellular industry and performance standards serve as the foundation for the Contractor engineering, design, operation and quality assurance programs. Contractor maintains a supportive role in organizations established to develop and promote industry standards. Organizations such as the CTIA (Cellular Telecommunications and Internet Association), the Wireless Data Forum, the CDMA Development Group (CDG) and the Electronics Industry Association/ Telecommunications Industry Association (EIA/TIA) serve to promote the creation and enforcement of industry and performance standards. Currently, members of the Contractor Executive team serve on the boards of the Wireless Data Forum, The CDMA Development Group and the Cellular Telecommunications Internet Association. c) In addition, Contractor equipment and technology suppliers participate in industry organizations and share information on applicable standards with Contractor. State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 17 of 68 2.9 Equipment Specifications: a) Basic Equipment Package. All wireless service accounts will be equipped with the following basic equipment package: i. phone supporting digital & analog service; and ii. AC charger. b) Those Eligible Users that have current wireless contracts with the Contractor, as of the effective date of this Contract, who will convert to this Contract, will have the right to replace current hardware with new replacement basic equipment packages at no additional cost to the Eligible User. All equipment must be newly manufactured hardware. Remanufactured hardware will not be acceptable. c) All wireless voice services and equipment proposed shall meet or exceed the following minimum requirements: i. Features (minimum): • 12-button keypad (0-9, *, #) in handset. • 25 number memory, 16 digits (minimum) per number stored. • Controls and indicators as required to: • Originate and receive calls control • Power On/Off, • Call in Progress (In Use), • No Service, • Battery Status, • Roaming or Home area service. • Character display with memory recall of all stored digits. • Call log showing missed calls, dialed calls, and received calls. • Auto redial • Ring silence or vibrate settings • Volume control • An On/Off switch • PTT button as applicable to operation mode ii. Configuration: The portable wireless voice services phone shall be a single hand- held unit consisting of a handset/keypad with built-in transceiver, battery, and an antenna. iii. Battery Type: Rechargeable, NiMH, or Lithium Ion. d) The Contractor agrees to pass through to Eligible Users any and all equipment vendor's warranties to the fullest extent allowed under applicable law. State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 18 of 68 2.10 Custom Calling Features: a) Activation, access, or termination charges are not applicable charges for wireless voice services procured through this Contract. b) The respondent shall include the following minimum custom-calling features as part of the wireless voice services at no additional cost: i. call forwarding; ii. call waiting; iii. three-way calling; iv. voice mail; and v. caller ID/caller ID block. c) Contractor’s billing system software provides for the billing of Push To Talk (PTT) service as a monthly access charge. Contractor Offer and Price Schedule does not include activation, calling plan access or termination charges for Basic Wireless Voice Service . Contractor offer does not include activation or termination charges for Basic Push To Talk service (per 6.03 Worksheet 2). However, PTT service will include a low monthly access fee. d) Contractor service offered to the State includes the calling features at no additional monthly charge as specified in Section 2.10.b. Optional services are available for corresponding additional monthly charges and fees. See Contractor’s Offer and Price Schedule attached for complete details of Contractor pricing. 2.11 Wireless Local Number Portability (WLNP): a) Contractor shall, upon request, provide Customer with cell phone number portability as required by the FCC. Any costs associated with this service shall be borne by the Contractor, however, other carriers may charge a fee for porting a number from their service. The Customer is responsible for fees resulting from any contractual obligation it has with another carrier when porting to the Contractor’s wireless service. b) Since November 2003, Contractor offers Local Number Portability (LNP) enabling wireless customers to retain their mobile number when they switch wireless service providers. LNP is now available to wireless customers nationwide. To facilitate the porting process, Contractor upgraded its network, trained and educated its employees on LNP as well as staffed a new state-of-the-art call center to handle LNP requests. c) To port lines in to Contractor, a customer will provide information about the lines to be ported in from the existing carrier. This information includes the billing name and address, the account number from the old carrier and the company's federal tax ID number. It is important that the existing service not be cancelled before Contractor State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 19 of 68 begins the porting process. Once Contractor has all of the required information, Contractor will submit the port requests for those lines. d) Any number that a customer wants to port must first be eligible for porting. Eligibility is based on the geographic locale of the number (the number must remain associated with the same geographic area and Contractor must be licensed to provide service in that area) and the number must be active with the old service provider. e) The turnaround time for a single wireless-to-wireless port is typically between three (3) hours and one (1) day, but could take longer. Landline to wireless ports should typically occur in no more than four (4) days, but could take longer. Please note: Actual processing time may vary depending on the complexity of the port, and the previous service provider. Multiple ports may extend the processing time. While there may be some delay in the porting process, any eligible line should port in from the old service provider. f) Contractor does not charge a specific fee for porting numbers to or from Contractor service. Contractor has evaluated Contractor on-going costs to fulfill the government's local number portability mandate, and as a result, Contractor Regulatory Charge has decreased to five cents per month for each telephone number. The Regulatory charge is a Contractor charge to help defray the costs imposed on Contractor business by regulators and Contractor costs of complying with regulatory mandates. Important Note: Any customer who ports a line from Contractor to another carrier will be responsible for any accrued charges, and any applicable early termination fee if ported before the end of their term commitment. For more information, please visit http://www.verizonwireless.com/b2c/lnp/index.jsp. 2.12 Wireless Emergency Telephone Number 911: a) Wireless telephone providers are required by the Federal Communications Commission (FCC) to provide wireless enhanced 911 (E911) service in the form of automatic location identification (ALI) and automatic number identification (ANI) pursuant to the terms and conditions set forth in an order issued by the FCC. Contractor’s equipment and services must also have the capability to dial *FHP at no charge. b) Contractor has successfully implemented extensive network components, purchased modified handsets, and completed a complex series of tasks associated with providing enhanced 911 (E911) Phase I and Phase II location services to the public. Contractor provides an Assisted Global Positioning System that works in coordination with an Advanced Forward Link Trilateration (AGPS/AFLT) handset solution to serve the designated 911 centers, also called Public Safety Answering Points (PSAPs). This system supports Phase II E911 Service requests. This system has several benefits. It relies on enhancements to the wireless handset and underlying network to provide superior location services. c) Contractor continues to meet the schedule set by the Federal Communications Commission for Contractor in October 2001. Contractor’ efforts to deploy E911 location services are summarized as follows: State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 20 of 68 i. Contractor met its milestones for completing deployment of the network-assisted portion of AGPS/AFLT in all of its markets. ii. As of July 15, 2004, Contractor has deployed Phase I E911 service to a total of 2,738 Public Safety Answering Points serving an estimated population of 177 million residents in parts or all of 44 States. Contractor has also deployed Phase II E911 service to 1,285 PSAPs serving an estimated population of 112 million residents in parts or all of 33 states. In addition, with the activation of Phase II E911 AGPS/AFLT service to individual PSAPs, Contractor has deployed an added location capability technology, Enhanced Forward Link Trilateration (“EFLT”), in Phase II markets. EFLT is able to provide improved location capability over Phase I (cell location) for older non-AGPS-capable digital mobiles in certain cases. AGPS operates only in digital service areas. The deployment of network upgrades in Contractor markets is in advance of most of the PSAPs’ requests. Most of the 6,700 PSAPs have not yet upgraded their systems to use Contractor’ advanced E911 data or requested Phase II E911 service from Contractor. iii. Until all PSAPs upgrade their systems, calls made from subscribers’ E911- capable handsets to 911 call centers that are not yet equipped for E911 will still go through as usual. However, the 911 call centers will not be able to read or use the GPS-generated location information and may still need to rely on the mobile caller to identify and tell them where they are located. State subscribers are encouraged to contact their local police or fire department if they have questions about their capability to accept and use the E911 data from mobile calls in their area. d) Contractor offers a wide variety of handsets with Global Positioning System (GPS) capabilities to be used in conjunction with E911 services. Since December 30, 2003 all of the handset models Contractor sells are GPS-capable of transmitting their E911 location. e) Contractor allows subscribers in Florida to dial *FHP at no charge. 2.13 Contractor Web Page Requirements: a) Within 30 days of Contract effective date, the Contractor shall design and build a Web page(s) accessible via the Internet. The Department’s Contract Administrator will work with the Contractor to provide applicable information to assist the Contractor with providing the web page as specified in the 30 day timeframe. The web page shall be maintained and continuously updated by the Contractor at no additional cost to the State. Any updates and changes to Contractor provided web page(s) shall not be made without prior approval from the Department’s Contract Manager. The website will only be designed and activated following consultation and approval by the Department. The web page shall include but not be limited to the following information: i. a procedure the end user must follow to request a replacement phone or cancel the service; State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 21 of 68 ii. a list of compatible wireless phone available under the contract including a full technical description and features of the phone with web links to the manufacturer’s web page if applicable; iii. ordering information and procedures; iv. graphical images of the applicable Service Provider’s wireless voice coverage maps as specified in paragraph 2.2; v. a listing of all counties that wireless voice services is available; vi. all service options and/or call-plans and pricing for each; vii. provide a procedure for the end-user to download all applicable software/firmware to keep the phone updated complete with instructions; viii. links to http://www.myflorida.com/ as specified by DMS; ix. provide all point-of-contact information for the Service Provider helpdesk; x. provide trouble shooting procedures and a Frequently Asked Question (FAQ) section; xi. current status of the applicable Service Provider’s wireless network including a posted notice of any current or planned outages; and xii. others as requested by the Department with Contractor prior approval which will not be unreasonably withheld. b) Contractor refers to web sites such as the State has required as an “extranet”. Many of the items the State desires shall be provided in either an extranet “welcome box” or a “splash page”. A splash page is a customized branding page that appears before the home page of the web site. It may be graphic intensive. Contractor has the capability to meet the State’s requirements as follows: i. Customer procedure to request a replacement phone or cancel service – A link from the welcome box (WB) or splash page (SP) shall be provided to a summary document with this information. ii. List of phones available from Contractor under this Contract – A link shall be provided from the WB or SP for this equipment. An image of each phone with basic features shall be included along with a hyperlink for additional detail and technical specifications. Contractor does not include links to Manufacturers’ web sites. iii. Ordering information and procedures – A link shall be provided from the WB or SP to a document with this information and the Contractor ordering contacts. iv. Graphical images of Contractor coverage maps – A link shall be provided from the WB or SP to allow the user to open and view the maps online. Optionally, if the State desires online ordering capability, the maps shall be linked to the calling State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 22 of 68 plans included in the shopping path. Contractor shall provide a link to Contractor online coverage locator on verizonwireless.com as a third option (as discussed in Contractor response to online submission item 2.3). v. List of counties where wireless service is available – Contractor currently provides the capability to determine if service is available by zip codes. Zip codes typically cover smaller geographic areas and shall provide a more accurate indication of where service is available. Contractor shall meet this requirement using a link to Contractor existing service by zip code capability. vi. Service plans, service options and pricing – Contractor extranet would include this information. vii. Customer procedure and instructions to download software and updates – Some software is available via verizonwireless.com. Other software shall be obtained from a Contractor technician or is available over the air by dialing *228. A link to a document summarizing this information with end-user procedures and instructions shall be provided from the WB or SP. viii. Link to http://www.myflorida.com/ as specified by DMS - Contractor shall provide this link on the WB or SP. ix. Contact information for helpdesk – Contractor typically includes a “Contact Us” link on the extranet. Contractor shall also provide a link to this information from the WB or SP. x. Trouble shooting procedures and frequently asked questions (FAQ) – Contractor has some of this information already available on verizonwireless.com. Contractor shall provide a link to it via the WB or SP. In addition, if there are such procedures or an FAQ that is different for Florida State Customers, a link could be provided to a document summarizing this information from the WB or SP. As part of the contract award negotiation, Contractor Account Sales and Implementation Team shall evaluate the need for such a document and develop its content. xi. Current Network status and posting of current and planned outages – Contractor does not typically notify Contractor customers of network maintenance activities because such activities are typically transparent to the customer. In emergency situations, the Florida Account Manager shall be listed on Contractor internal Outage Notification System, which will notify them of emergency outages. The Florida Account Manager may then notify the State as appropriate. This information will not be posted on the extranet. State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 23 of 68 3. General Instructions to Respondents (PUR 1001) Contents 3.1 Definitions. 3.2 General Instructions. 3.3 Electronic Submission Of Responses. 3.4 Terms And Conditions. 3.5 Questions. 3.6 Conflict Of Interest. 3.7 Convicted Vendors. 3.8 Discriminatory Vendors. 3.9 Respondent’s Representation And Authorization. 3.10 Performance Qualifications. 3.11 Public Opening. 3.12 Electronic Posting Of Notice Of Intended Award. 3.13 Firm Response. 3.14 Clarifications/Revisions. 3.15 Minor Irregularities/Right To Reject. 3.16 Contract Formation. 3.17 Contract Overlap. 3.18 Public Records. 3.19 Protests. 3.1 Definitions The definitions found in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: a) "Buyer" means the entity that has released the solicitation. b) "Procurement Officer" means the Buyer's contracting personnel, as identified in the Introductory Materials. c) "Respondent" means the entity that submits materials to the Buyer in accordance with these Instructions. d) "Response" means the material submitted by the respondent in answering the solicitation. e) "Timeline" means the list of critical dates and actions included in the Introductory Materials. 3.2 General Instructions Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly. State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 24 of 68 3.3 Electronic Submission of Responses a) Respondents are required to submit responses electronically. For this purpose, all references herein to signatures, signing requirements, or other required acknowledgments hereby include electronic signature by means of clicking the "Submit Response" button (or other similar symbol or process) attached to or logically associated with the response created by the respondent within MyFloridaMarketPlace. The respondent agrees that the action of electronically submitting its response constitutes: i. an electronic signature on the response, generally; ii. an electronic signature on any form or section specifically calling for a signature; and iii. an affirmative agreement to any statement contained in the solicitation that requires a definite confirmation or acknowledgement. 3.4 Terms and Conditions a) All responses are subject to the terms of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed: i. Technical Requirements; ii. Special Conditions; iii. Instructions to Respondents (PUR 1001); iv. General Conditions (PUR 1000); and v. Introductory Materials. b) The Buyer objects to and shall not consider any additional terms or conditions submitted by a respondent, including any appearing in documents attached as part of a respondent’s response. In submitting its response, a respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a response, shall be grounds for rejecting a response. 3.5 Questions Respondents shall address all questions regarding this solicitation to the Procurement Officer. Questions must be submitted via the Q&A Board within MyFloridaMarketPlace and must be RECEIVED NO LATER THAN the time and date reflected on the Timeline. Questions shall be answered in accordance with the Timeline. All questions submitted shall be published and answered in a manner that all respondents will be able to view. Respondents shall not contact any other employee of the Buyer or the State for information with respect to this solicitation. Each respondent is responsible for State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 25 of 68 monitoring the MyFloridaMarketPlace site for new or changing information. The Buyer shall not be bound by any verbal information or by any written information that is not contained within the solicitation documents or formally noticed and issued by the Buyer's contracting personnel. Questions to the Procurement Officer or to any Buyer personnel shall not constitute formal protest of the specifications or of the solicitation, a process addressed in paragraph 19 of these Instructions. 3.6 Conflict of Interest This solicitation is subject to chapter 112 of the Florida Statutes. Respondents shall disclose with their response the name of any officer, director, employee or other agent who is also an employee of the State. Respondents shall also disclose the name of any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in the respondent or its affiliates. 3.7 Convicted Vendors a) A person or affiliate placed on the convicted vendor list following a conviction for a public entity crime is prohibited from doing any of the following for a period of 36 months from the date of being placed on the convicted vendor list: i. submitting a bid on a contract to provide any goods or services to a public entity; ii. submitting a bid on a contract with a public entity for the construction or repair of a public building or public work; iii. submitting bids on leases of real property to a public entity; iv. being awarded or performing work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and v. transacting business with any public entity in excess of the Category Two threshold amount ($25,000) provided in section 287.017 of the Florida Statutes. 3.8 Discriminatory Vendors a) An entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134 of the Florida Statutes may not: i. submit a bid on a contract to provide any goods or services to a public entity; ii. submit a bid on a contract with a public entity for the construction or repair of a public building or public work; iii. submit bids on leases of real property to a public entity; iv. be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with any public entity; or State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 26 of 68 v. transact business with any public entity. 3.9 Respondent’s Representation and Authorization a) In submitting a response, each respondent understands, represents, and acknowledges the following (if the respondent cannot so certify to any of following, the respondent shall submit with its response a written explanation of why it cannot do so). i. The respondent is not currently under suspension or debarment by the State or any other governmental authority. ii. To the best of the knowledge of the person signing the response, the respondent, its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract. iii. To the best of the knowledge of the person signing the response, the respondent has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract. iv. The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive response. v. The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other respondent or potential respondent; neither the prices nor amounts, actual or approximate, have been disclosed to any respondent or potential respondent, and they will not be disclosed before the solicitation opening. vi. The respondent has fully informed the Buyer in writing of all convictions of the firm, its affiliates (as defined in section 287.133(1)(a) of the Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees who were convicted of contract crimes while in the employ of another company. vii. Neither the respondent nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or position involving the administration of federal funds: Has within the preceding three years been convicted of or had a civil judgment rendered against them or is presently indicted for or otherwise criminally or civilly charged 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 State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 27 of 68 or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or Has within a three-year period preceding this certification had one or more federal, state, or local government contracts terminated for cause or default. viii. The product offered by the respondent will conform to the specifications without exception. ix. The respondent has read and understands the Contract terms and conditions, and the submission is made in conformance with those terms and conditions. x. If an award is made to the respondent, the respondent agrees that it intends to be legally bound to the Contract that is formed with the State. xi. The respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the response, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in the response. xii. The respondent shall indemnify, defend, and hold harmless the Buyer and its employees against any cost, damage, or expense which may be incurred or be caused by any error in the respondent’s preparation of its bid. xiii. All information provided by, and representations made by, the respondent are material and important and will be relied upon by the Buyer in awarding the Contract. Any misstatement shall be treated as fraudulent concealment from the Buyer of the true facts relating to submission of the bid. A misrepresentation shall be punishable under law, including, but not limited to, Chapter 817 of the Florida Statutes. 3.10 Performance Qualifications The Buyer reserves the right to investigate or inspect at any time whether the product, qualifications, or facilities offered by respondent meet the Contract requirements. Respondent shall at all times during the Contract term remain responsive and responsible. Respondent must be prepared, if requested by the Buyer, to present evidence of experience, ability, and financial standing, as well as a statement as to plant, machinery, and capacity of the respondent for the production, distribution, and servicing of the product bid. If the Buyer determines that the conditions of the solicitation documents are not complied with, or that the product proposed to be furnished does not meet the specified requirements, or that the qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely, the Buyer may reject the response or terminate the Contract. Respondent may be disqualified from receiving awards if respondent, or anyone in respondent’s employment, has previously failed to perform satisfactorily in connection with public bidding or contracts. This paragraph shall not mean or imply that it is obligatory upon the Buyer to make an investigation either before State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 28 of 68 or after award of the Contract, but should the Buyer elect to do so, respondent is not relieved from fulfilling all Contract requirements. 3.11 Public Opening Responses shall be opened on the date and at the location indicated on the Timeline. Respondents may, but are not required to, attend. The Buyer may choose not to announce prices or release other materials pursuant to s. 119.07(3)(m), Florida Statutes. Any person requiring a special accommodation because of a disability should contact the Procurement Officer at least five (5) workdays prior to the solicitation opening. If you are hearing or speech impaired, please contact the Buyer by using the Florida Relay Service at (800) 955-8771 (TDD). 3.12 Electronic Posting of Notice of Intended Award Based on the evaluation, on the date indicated on the Timeline the Buyer shall electronically post a notice of intended award at http://fcn.state.fl.us/owa_vbs/owa/vbs_www.main_menu. If the notice of award is delayed, in lieu of posting the notice of intended award the Buyer shall post a notice of the delay and a revised date for posting the notice of intended award. Any person who is adversely affected by the decision shall file with the Buyer a notice of protest within 72 hours after the electronic posting. The Buyer shall not provide tabulations or notices of award by telephone. 3.13 Firm Response The Buyer may make an award within sixty (60) days after the date of the opening, during which period responses shall remain firm and shall not be withdrawn. If award is not made within sixty (60) days, the response shall remain firm until either the Buyer awards the Contract or the Buyer receives from the respondent written notice that the response is withdrawn. Any response that expresses a shorter duration may, in the Buyer's sole discretion, be accepted or rejected. 3.14 Clarifications/Revisions Before award, the Buyer reserves the right to seek clarifications or request any information deemed necessary for proper evaluation of submissions from all respondents deemed eligible for Contract award. Failure to provide requested information may result in rejection of the response. 3.15 Minor Irregularities/Right to Reject The Buyer reserves the right to accept or reject any and all bids, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if the Buyer determines that doing so will serve the State’s best interests. The Buyer may reject any response not submitted in the manner specified by the solicitation documents. State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 29 of 68 3.16 Contract Formation The Buyer shall issue a notice of award, if any, to successful respondent(s), however, no contract shall be formed between respondent and the Buyer until the Buyer signs the Contract. The Buyer shall not be liable for any costs incurred by a respondent in preparing or producing its response or for any work performed before the Contract is effective. 3.17 Contract Overlap Respondents shall identify any products covered by this solicitation that they are currently authorized to furnish under any state term contract. By entering into the Contract, a Contractor authorizes the Buyer to eliminate duplication between agreements in the manner the Buyer deems to be in its best interest. 3.18 Public Records Florida law generously defines what constitutes a public record; see, for example, section 119.07 of the Florida Statutes. If a respondent believes that its response contains information that should not be a public record, the respondent shall clearly segregate and mark that information (for example, placing the material in a separate electronic file, and including the word "Confidential" in the filename) and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. 3.19 Protests a) Any protest concerning this solicitation shall be made in accordance with sections 120.57(3) and 287.042(2) of the Florida Statutes and chapter 28-110 of the Florida Administrative Code. Questions to the Procurement Officer shall not constitute formal notice of a protest. It is the Buyer's intent to ensure that specifications are written to obtain the best value for the State and that specifications are written to ensure competitiveness, fairness, necessity and reasonableness in the solicitation process. b) Section 120.57(3)(b), F.S. and Section 28-110.003, Fla. Admin. Code require that a notice of protest of the solicitation documents shall be made within seventy-two hours after the posting of the solicitation. c) Section 120.57(3)(a), F.S. requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under chapter 120, Florida Statutes." d) Section 28-110.005, Fla. Admin. Code requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.” State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 30 of 68 4. General Contract Conditions (PUR 1000) Contents 4.1. Definitions 4.2. Purchase Orders 4.3. Product Version 4.4. Price Changes Applicable only to Term Contracts 4.5. Additional Quantities 4.6. Packaging 4.7. Manufacturer’s Name and Approved Equivalents 4.8. Inspection at Contractor’s Site 4.9. Safety Standards 4.10. Americans with Disabilities Act 4.11. Literature 4.12. Transportation and Delivery 4.13. Installation 4.14. Risk of Loss 4.15. Transaction Fee 4.16. Invoicing and Payment 4.17. Taxes 4.18. Governmental Restrictions 4.19. Lobbying and Integrity 4.20. Indemnification 4.21. Limitation of Liability 4.22. Suspension of Work 4.23. Termination for Convenience 4.24. Termination for Cause 4.25. Force Majeure, Notice of Delay, and No Damages for Delay 4.26. Scope Changes 4.27. Renewal 4.28. Advertising 4.29. Assignment 4.30. Dispute Resolution 4.31. Employees, Subcontractors, and Agents 4.32. Security and Confidentiality 4.33. Independent Contractor Status of Contractor 4.34. Insurance Requirements 4.35. Warranty of Authority 4.36. Warranty of Ability to Perform 4.37. Notices 4.38. Leases and Installment Purchases 4.39. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) 4.40. Products Available from the Blind or Other Handicapped 4.41. Modification of Terms 4.42. Cooperative Purchasing 4.43. Waiver 4.44. Annual Appropriations 4.45. Execution in Counterparts 4.46. Severability. State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 31 of 68 4.1 Definitions The definitions contained in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: a) “Contract” means the legally enforceable agreement that results from a successful solicitation. The parties to the Contract will be the Customer and Contractor. b) “Customer” – The entity that is issuing a Purchase Order. c) “Product” means any deliverable under the Contract, which may include commodities, services, technology or software. d) “Purchase order” means the form or format the Customer uses to make a purchase under the Contract (e.g., a formal written purchase order, electronic purchase order, procurement card, or other authorized means). 4.2 Purchase Orders Contractor shall not deliver or furnish products until the Customer transmits a purchase order. All purchase orders shall bear the Contract or solicitation number, shall be placed by the Customer directly with the Contractor, and shall be deemed to incorporate by reference the Contract and solicitation terms and conditions. Any discrepancy between the Contract terms and the terms stated on the Contractor’s order form, confirmation, or acknowledgement shall be resolved in favor of terms most favorable to the Customer. A purchase order for services within the ambit of section 287.058(1) of the Florida Statutes shall be deemed to incorporate by reference the requirements of subparagraphs (a) through (f) thereof. Customers shall designate a contract manager and a contract administrator as required by subsections 287.057(15) and (16) of the Florida Statutes. 4.3 Product Version (Also See Section 5.9) Purchase orders shall be deemed to reference a manufacturer’s most recently release model or version of the product at the time of the order, unless the Customer specifically requests in writing an earlier model or version and the Contractor is willing to provide such model or version. 4.4 Price Changes Applicable only to Term Contracts (Also See Section 5.4) If this is a term contract for commodities or services, the following provisions apply. a) Quantity Discounts. Contractors are urged to offer additional discounts for one time delivery of large single orders. Customers should seek to negotiate additional price concessions on quantity purchases of any products offered under the Contract. State Customers shall document their files accordingly. b) Best Pricing Offer. During the Contract term, if the Customer becomes aware of better pricing offered by the Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the same or similar terms of the Contract, then at the discretion of the Customer the price under the Contract shall be immediately reduced to the lower price. State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 32 of 68 c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. A Contractor shall submit to the Contract Specialist documentation identifying the proposed (1) starting and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then-authorized prices. Promotional prices shall be available to all Customers. Upon approval, the Contractor shall provide conspicuous notice of the promotion. d) Trade-In. The Customer may trade-in equipment when making purchases from the Contract. A trade-in shall be negotiated between the Customer and the Contractor. The Customers are obligated to actively seek current fair market value when trading equipment, and to keep accurate records of the process. For State agencies, it may be necessary to provide documentation to the Department of Financial Services and to the agency property custodian pursuant to Chapter 273, F.S. e) Equitable Adjustment. The Customer may, in its sole discretion, make an equitable adjustment in the Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the Contractor’s control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss. 4.5 Additional Quantities For a period not exceeding ninety (90) days from the date of solicitation award, the Customer reserves the right to acquire additional quantities up to the amount shown on the solicitation but not to exceed the threshold for Category Two at the prices submitted in the response to the solicitation. 4.6 Packaging Tangible product shall be securely and properly packed for shipment, storage, and stocking in appropriate, clearly labeled, shipping containers and according to accepted commercial practice, without extra charge for packing materials, cases, or other types of containers. All containers and packaging shall become and remain Customer’s property. 4.7 Manufacturer’s Name and Approved Equivalents Unless otherwise specified, any manufacturers’ names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not restrictive. With the Customer’s prior approval, the Contractor may provide any product that meets or exceeds the applicable specifications. The Contractor shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The Customer shall determine in its sole discretion whether a product is acceptable as an equivalent. State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 33 of 68 4.8 Inspection at Contractor’s Site The Customer reserves the right to inspect, at any reasonable time with prior notice, the equipment or product or plant or other facilities of a Contractor to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance. 4.9 Safety Standards All manufactured items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector. Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and/or National Electrical Manufacturers’ Association for electrically operated assemblies; and the American Gas Association for gas-operated assemblies. In addition, all items furnished shall meet all applicable requirements of the Occupational Safety and Health Act and state and federal requirements relating to clean air and water pollution. 4.10 Americans with Disabilities Act Contractors should identify any products that may be used or adapted for use by visually, hearing, or other physically impaired individuals. 4.11 Literature Upon request, the Contractor shall furnish literature reasonably related to the product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc. 4.12 Transportation and Delivery Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays. Evidence of inability or intentional delays shall be cause for Contract cancellation and Contractor suspension. 4.13 Installation Where installation is required, Contractor shall be responsible for placing and installing the product in the required locations at no additional charge, unless otherwise designated on the purchase order. Contractor’s authorized product and price list shall clearly and separately identify any additional installation charges. All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally or operationally unsound. State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 34 of 68 Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the product in the proper location. Contractor shall protect the site from damage and shall repair damages or injury caused during installation by Contractor or its employees or agents. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. Contractor shall perform installation work so as to cause the least inconvenience and interference with Customers and with proper consideration of others on site. Upon completion of the installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order. 4.14 Risk of Loss Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer shall: record any evidence of visible damage on all copies of the delivering carrier’s Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier’s Bill of Lading and damage inspection report. When a Customer rejects a product, Contractor shall remove it from the premises within ten days after notification or rejection. Upon rejection notification, the risk of loss of rejected or non-conforming product shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected product. 4.15 Transaction Fee a) The State of Florida has instituted MyFloridaMarketPlace, a statewide eProcurement System (“System”). Pursuant to section 287.057(23), Florida Statutes (2002), all payments shall be assessed a Transaction Fee of one percent (1.0%), which the Contractor shall pay to the State, unless exempt pursuant to 60A-1.032, F.A.C. b) For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A-1.031(2), F.A.C. By submission of these reports and corresponding payments, Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. c) Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Contractor’s failure to perform or comply with specifications or requirements of the agreement. d) Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS DELINQUENT IN PAYING State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 35 of 68 TRANSACTION FEES MAY BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH THE STATE. e) The penalties described above shall be applied to the Contractor in accordance with 60A-1.006(3), F.A.C, regarding default. 4.16 Invoicing and Payment (Also See Section 5.2) a) Invoices shall contain the Contract number, purchase order number, and the appropriate vendor identification number. The State may require any other information from the Contractor that the State deems necessary to verify any purchase order placed under the Contract. b) At the State's option, Contractors may be required to invoice electronically pursuant to guidelines of the Department of Management Services. Current guidelines require that Contractor supply electronic invoices in lieu of paper-based invoices for those transactions processed through the system. Electronic invoices shall be submitted to the Customer through the Ariba Contractor Network (ASN) in one of the following mechanisms – EDI 810, cXML, or web-based invoice entry within the ASN. c) Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, which govern time limits for payment of invoices. Invoices that must be returned to a Contractor due to preparation errors will result in a delay in payment. Contractors may call (850) 413-7269 Monday through Friday to inquire about the status of payments by State Agencies. The Customer is responsible for all payments under the Contract. A Customer’s failure to pay, or delay in payment, shall not constitute a breach of the Contract and shall not relieve the Contractor of its obligations to the Department or to other Customers. 4.17 Taxes The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees’ wages. Any exceptions to this paragraph shall be explicitly noted by the Customer on a purchase order or other special contract condition. 4.18 Governmental Restrictions If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material, quality, workmanship or performance of the products offered under the Contract, the Contractor shall immediately notify the Customer in writing, indicating the specific restriction. The Customer reserves the right and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the Customer. 4.19 Lobbying and Integrity Customers shall ensure compliance with Section 11.062, FS and Section 216.347, FS. The Contractor shall not, in connection with this or any other agreement with the State, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 36 of 68 as consideration for any State officer or employee’s decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For purposes of clause (2), “gratuity” means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of the Customer’s Inspector General, or other authorized State official, the Contractor shall provide any type of information the Inspector General deems relevant to the Contractor’s integrity or responsibility. Such information may include, but shall not be limited to, the Contractor’s business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor shall retain such records for the longer of (1) three years after the expiration of the Contract or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dlis.dos.state.fl.us/barm/genschedules/gensched.htm). The Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Contractor’s compliance with the terms of this or any other agreement between the Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for any costs of investigations that do not result in the Contractor’s suspension or debarment. 4.20 Indemnification a) The Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Contractor, its agents, employees, partners, or subcontractors, provided, however, that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or a Customer. b) Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from any suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided, however, that the foregoing obligation shall not apply to a Customer’s misuse or modification of Contractor’s products or a Customer’s operation or use of Contractor’s products in a manner not contemplated by the Contract or the purchase order. If any product is the subject of an infringement suit, or in the Contractor’s opinion is likely to become the subject of such a suit, the Contractor may at its sole expense procure for the Customer the right to continue using the product or to modify it to become non-infringing. If the Contractor is not reasonably able to modify or otherwise secure the Customer the right to continue using the product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a reasonable rental for past use. The Customer shall not be liable for any royalties. State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 37 of 68 c) The Contractor’s obligations under the preceding two paragraphs with respect to any legal action are contingent upon the State or Customer giving the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor’s sole expense, and (3) assistance in defending the action at Contractor’s sole expense. The Contractor shall not be liable for any cost, expense, or compromise incurred or made by the State or Customer in any legal action without the Contractor’s prior written consent, which shall not be unreasonably withheld. 4.21 Limitation of Liability a) For all claims against the Contractor under any individual purchase order, and regardless of the basis on which the claim is made, the Contractor’s liability under a purchase order for direct damages shall be limited to the greater of $100,000, the dollar amount of the purchase order, or two times the charges rendered by the Contractor under the purchase order. This limitation shall not apply to claims arising under the Indemnity paragraph contain in this agreement. b) Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records (unless the purchase order requires the Contractor to back-up data or records), even if the party has been advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. 4.22 Suspension of Work The Customer may in its sole discretion suspend any or all activities under the Contract, at any time, when in the best interests of the State to do so. The Customer shall provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the Customer shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the Contract. Suspension of work shall not entitle the Contractor to any additional compensation. 4.23 Termination for Convenience The Customer, by written notice to the Contractor, may terminate the Contract in whole or in part when the Customer determines in its sole discretion that it is in the State’s interest to do so. The Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 38 of 68 4.24 Termination for Cause The Customer may terminate the Contract if the Contractor fails to (1) deliver the product within the time specified in the Contract or any extension, (2) maintain adequate progress, thus endangering performance of the Contract, (3) honor any term of the Contract, or (4) response by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences of default. The Contractor shall continue work on any work not terminated. Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted products were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Customer. The rights and remedies of the Customer in this clause are in addition to any other rights and remedies provided by law or under the Contract. 4.25 Force Majeure, Notice of Delay, and No Damages for Delay The Contractor shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor’s control, or for any of the foregoing that affect subcontractors or Contractors if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor shall notify the Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against the Customer. The Contractor shall not be entitled to an increase in the Contract price or payment of any kind from the Customer for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor shall perform at no increased cost, unless the Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State or to Customers, in which case the Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to products subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 39 of 68 related costs and expenses) to replace all or part of the products that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. 4.26 Scope Changes The Customer may unilaterally require, by written order, changes altering, adding to, or deducting from the Contract specifications, provided that such changes are within the general scope of the Contract. The Customer may make an equitable adjustment in the Contract price or delivery date if the change affects the cost or time of performance. Such equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the Customer may solicit separate responses to satisfy them. 4.27 Renewal Upon mutual agreement, the Customer and the Contractor may renew the Contract, in whole or in part, for a period that may not exceed 3 years or the term of the contract, whichever period is longer. Any renewal shall specify the renewal price, as set forth in the solicitation response. The renewal must be in writing and signed by both parties, and is contingent upon satisfactory performance evaluations and subject to availability of funds. 4.28 Advertising Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any information concerning the Contract without prior written approval from the Customer, including, but not limited to mentioning the Contract in a press release or other promotional material, identifying the Customer or the State as a reference, or otherwise linking the Contractor’s name and either a description of the Contract or the name of the State or the Customer in any material published, either in print or electronically, to any entity that is not a party to Contract, except potential or actual authorized distributors, dealers, resellers, or service representative. 4.29 Assignment The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the Contract, or under any purchase order issued pursuant to the Contract, without the prior written consent of the Customer; provided, the Contractor assigns to the State any and all claims it has with respect to the Contract under the antitrust laws of the United States and the State. In the event of any assignment, the Contractor remains secondarily liable for performance of the contract, unless the Customer expressly waives such secondary liability. The Customer may assign the Contract with prior written notice to Contractor of its intent to do so. 4.30 Dispute Resolution a) Any dispute concerning performance of the Contract shall be decided by the Customer's designated contract manager, who shall reduce the decision to writing and serve a copy on the Contractor. The decision shall be final and conclusive unless within ten (10) days from the date of receipt, the Contractor files with the State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 40 of 68 Customer a petition for administrative hearing. The Customer’s decision on the petition shall be final, subject to the Contractor’s right to review pursuant to Chapter 120 of the Florida Statutes. Exhaustion of administrative remedies is an absolute condition precedent to the Contractor's ability to pursue any other form of dispute resolution; provided, however, that the parties may employ the alternative dispute resolution procedures outlined in Chapter 120. b) Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates to the Contract shall be the appropriate state court in Leon County, Florida; in any such action, Florida law shall apply and the parties waive any right to jury trial. 4.31 Employees, Subcontractors, and Agents (Also See Section 5.10) All Contractor employees, subcontractors, or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the Customer. The State may conduct, and the Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The State may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with a Customer’s security or other requirements. Such approval shall not relieve the Contractor of its obligation to perform all work in compliance with the Contract. The State may reject and bar from any facility for cause any of the Contractor’s employees, subcontractors, or agents. 4.32 Security and Confidentiality The Contractor shall comply fully with all security procedures of the State and Customer in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, or commercial proprietary information in the possession of the State or Customer. The Contractor shall not be required to keep confidential information or material that is publicly available through no fault of the Contractor, material that the Contractor developed independently without relying on the State’s or Customer’s confidential information, or material that is otherwise obtainable under State law as a public record. To insure confidentiality, the Contractor shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract. State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 41 of 68 4.33 Independent Contractor Status of Contractor The Customer and the State shall take all actions necessary to ensure that Contractor's employees, subcontractors and other agents are not employees of the State of Florida. Such actions include, but are not limited to, ensuring that Contractor's employees, subcontractors, and other agents receive benefits and necessary insurance (health, workers' compensations, and unemployment) from an employer other than the State of Florida. 4.34 Insurance Requirements During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor. Upon request, the Contractor shall provide certificate of insurance. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor’s liability and obligations under the Contract. All insurance policies shall be through insurers authorized or eligible to write policies in Florida. 4.35 Warranty of Authority Each person signing the Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract. 4.36 Warranty of Ability to Perform The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Customer in writing if its ability to perform is compromised in any manner during the term of the Contract. 4.37 Notices All notices required under the Contract shall be delivered by certified mail, return receipt requested, by reputable air courier service, or by personal delivery to the agency designee identified in the original solicitation, or as otherwise identified by the Customer. Notices to the Contractor shall be delivered to the person who signs the Contract. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. 4.38 Leases and Installment Purchases Prior approval of the Chief Financial Officer (as defined in Section 17.001, F.S.) is required for State agencies to enter into or to extend any lease or installment-purchase State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 42 of 68 agreement in excess of the Category Two amount established by section 287.017 of the Florida Statutes. 4.39 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) Section 946.515(2), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles which are the subject of, or required to carry out, the Contract shall be purchased from the corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in section 946.515(2) and (4) of the Florida Statutes; and for purposes of the Contract the person, firm, or other business entity carrying out the provisions of the Contract shall be deemed to be substituted for the agency insofar as dealings with such corporation are concerned." Additional information about PRIDE and the products it offers is available at http://www.pridefl.com. 4.40 Products Available from the Blind or Other Handicapped Section 413.036(3), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit Department are concerned." Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org. 4.41 Modification of Terms The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Customer and the Contractor. The Contract may only be modified or amended upon mutual written agreement of the Customer and the Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of the Contract terms, including substitution of product, shall be valid or binding against the Customer. The Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, “shrink wrap” terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the Contractor’s order or fiscal forms or other documents forwarded by the Contractor for payment. The Customer's acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. 4.42 Cooperative Purchasing (Also See Section 5.8) a) Pursuant to their own governing laws, and subject to the agreement of the Contractor, other entities may be permitted to make purchases at the terms and conditions contained herein. Non-Customer purchases are independent of the State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 43 of 68 agreement between Customer and Contractor, and the Customer shall not be a party to any transaction between the Contractor and any other purchaser. b) State agencies wishing to make purchases from this agreement are required to follow the provisions of s. 287.042(16)(a), F.S. This statute requires the Department of Management Services to determine that the requestor's use of the contract is cost- effective and in the best interest of the State. 4.43 Waiver The delay or failure by the Customer to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the Customer’s right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 4.44 Annual Appropriations The State’s performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. 4.45 Execution in Counterparts The Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 4.46 Severability If a court deems any provision of the Contract void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 44 of 68 5. Special Contract Conditions Contents 5.1 Implementation 5.2 Billing 5.3 Price Changes 5.4 Contract Management 5.5 Contract & Management Reporting 5.6 Training & Technical Assistance 5.7 Invoicing and Payment 5.8 Cooperative Purchasing 5.9 Clarification of Product Version 5.10 Release of Contractor Employee Information Clarification 5.11 Equipment Upgrade Period 5.12 Zero Usage 5.1 Implementation Plan: The Contractor shall provide a detailed implementation plan to the Department, describing all the activities necessary to successfully make operational the full scope of service required by this Contract within ten (l0) business days of Contract execution. However, the implementation for each Eligible User must be developed, coordinated, and scheduled in cooperation with a representative of each Eligible User. 5.2 Billing a) The Contractor shall bill Customers directly for all services. Detailed usage billing is a requirement of this response, but may be declined by law enforcement agencies for security purposes. b) Detailed billing, as a minimum, shall include: i the originating phone number; ii the date and time of each call; iii the number called; iv the call duration; and v a summary of minutes used for the billing cycle. c) Contractor shall provide invoices to an individual Customer in their choice of the following formats: i paper invoice; State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 45 of 68 ii CD-ROM; or iii Contractor’s Internet Billing Analysis System (IBAS). d) The Contractor shall produce a consolidated bill for each Eligible User at a minimum of 30 days prior to the payment due date. The billing cycle will be a typical period 28 to 31 days. The Contractor is required to deliver billing information within twelve days of the Contractor provided billing cycle. Billing data must be partitioned by billing cycle and Eligible User. Billing data must be available through any of the following means – paper or CD-ROM. Bills may include charges and calling records up to sixty days in arrears in circumstances in which roaming records must be received from other carriers. Billing data may also be available through online web access via Contractor’s IBAS system. In addition, Customers who select IBAS invoicing will not be able to access their bill until the 28th day of the month following the billing cycle. Contractor will provide State Customers and Eligible Users with all of Contractor billing options and allow them to select the option that best fits their needs. e) The following must appear on the consolidated bill: i Eligible User name; ii address where invoice is mailed; iii telephone number of each line; iv date line was activated (on first invoice only); v number of minutes used; vi charges per minute; vii total monthly charges; viii total number of active lines; and ix total number of minutes used. f) Contractor does not have the capability to provide invoices on floppy disk, Zip disk or electronic file transfer. In order to prevent fraud, equipment invoices do not include serial numbers. These invoices will include the Mobile Device Number (MDN). g) Contractor has provided details of Contractor IBAS capabilities with Contractor response to online submission item 4.3. h) Wireless service accounts may not be deactivated nor may service be discontinued without the prior written request of the Eligible User, except as provided in this Section. Deactivation or termination of service requests must be completed by the State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 46 of 68 Contractor within twenty-four (24) hours receipt of such request from an Eligible User. In the event that a wireless service account is delinquent in payment of undisputed charges for a period of not less than sixty (60) days, Contractor will provide notice to the Department of the delinquency. If the delinquency is not resolved to Contractor's satisfaction within thirty (30) days following such notice, Contractor may deactivate said account. i) The Contractor will provide a rebate or credit to an Eligible User for a prorated hourly portion of the applicable monthly service charges for each occurrence during which an Eligible User is denied use of service for eight (8) hours or more during any monthly billing period. The remedy shall apply to the initial eight (8) hours and all additional hours, or portions thereof, during which the Eligible User is denied access to the service. Contractor provided credits shall never, however, exceed the cost of the user's monthly service charges. j) If an Eligible User is denied access to service for eight continuous hours or more during any monthly billing period, the Contract Manager/ SPOC must notify the designated Contractor contact to request credit. k) Contractor will provide the applicable credits if Eligible Users are denied use of service for a period of (8) or more continuous hours during any monthly billing period, except during Force Majeure events. Due to the difficulty in validating each report of denial of service, Contractor shall define the denied use of service as an outage where at least 50% of the call processing capacity of any switch and its associated cell sites is lost. This would apply to any Contractor mobile switch located in the State of Florida. l) The prorated credit will be calculated based on average daily minutes of use (MOU) from the previous bill. Based on the length of the outage, Contractor will agree to a prorated daily credit not to exceed the average daily usage. m) If an Eligible User discovers an overcharge on an invoice, the Eligible User will notify Contractor of the error and necessary corrective action. If the necessary corrective action is not taken upon receipt of the next billing, the Eligible User, at their unilateral discretion, may assess the Contractor an administrative remedy of up to three times the amount of the difference between the proper Contract rate and the overcharged invoice rate. n) Contractor defines an overcharge as the amount on the customer's bill being in excess of the amount specified for the item in the contract due to a systemic or manual error. To receive credit for a suspected overcharge, the ordering entity’s Contract Manager/ SPOC should contact their designated Contractor contact within 90 days after the overcharge appears on Customer’s bill. Contractor will work to resolve the suspected overcharge within ten (10) business days following notification. Any credit due will be reflected on Customer’s bill within three (3) billing cycles after resolution. Credits will be limited to the actual amount of any overcharge. Contractor will agree to a 3% administrative remedy. State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 47 of 68 o) The State reserves the right to audit all invoices from mandated users throughout the life of the contract, or thereafter. The State may also use third party auditors to carry out this function. 5.3 Price Changes a) The Department will permit an annual rate adjustment (upwardly or downwardly) in correlation with the Producer Price Index as published by the Bureau of Labor Statistics, in the Department of Labor, Washington, DC 20212. The rate adjustments will be based on the PPI 517212 (Base date 9906). These reports can be accessed at www.bls.gov. Example of calculation procedures PCU517212517212 Base price = $0.06 - Current period series values (April 2004) 92.3 Divide by the base period series values (April 2003) 91.2 equals: 1.012 Multiply by 100 to yield the converted series values 101.21 Multiply by assigned weight (Carriers 33.3%, Telecom33.3%, Primary33.3%) 33.71 Add the three figures to get the current value (April 2004) for the special index 100.47 Multiply by original base price ($0.06) 6.03 Divide by 100 to yield the adjusted price $.063 b) Contractor may request an adjustment once per Timeline year. Any requested adjustment must not exceed the percentage change in the PPI. Adjustments shall be effective only upon approval of the Department, and shall not be applied retroactively. The Department may require price decreases to reflect any decrease shown in PPI 517212. Rate adjustment schedule as follows: i. To eliminate usage of Preliminary Data, the Initial PPI rate adjustment is calculated on the sixteenth month after contract execution based upon the initial twelve month term data. Subsequent annual adjustments will occur on the anniversary of the initial adjustment. ii. Increments of PPI adjustment less or greater than 0.10 shall be rounded as follows: 0.010 through 0.014 are rounded down to 0.10 OR 0.015 through 0.019 are rounded up to 0.2 iii. The rate adjustments in any contract year shall not exceed five percent of the then current base price. c) In the event an applicable index or escalation provision ceases to be published, or ceases to be published in the manner provided herein, Customer and Supplier agree to select another suitable index or escalation provision in substitution thereof. State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 48 of 68 d) When the PPI cause a change in the airtime rate charge, Contractor shall process the airtime rate change creating a “new” version of the price plan with a new airtime rates. However, billing for each line of service will continue to utilize the previous airtime rate charge for all calls placed through the effective date of the airtime rate change, then will utilize the new airtime charge rate for calls placed after the effective date. The airtime rate change will appear on the bill as follows: i. In the mobile summary section “Charges XXX-XXX-XXXX” under “Current Calling Plan” the “Additional per minute charge” will display the airtime rate effective at the time of billing, even though calls may have been rated at two different rates during the bill cycle. ii. In the “Usage Summary” section, charges associated with both rates will display as one line only for “Monthly Minutes”, even if the minutes are calculated under two different rates. Customer may validate their airtime rate charges by adding up the minutes in the call detail section by date and time period and calculate the cost for the previous and new airtime rate charges. iii. In the “Usage Detail” section, calls will display the actual airtime rate charge at which they were calculated based on the airtime rate charge at the time the call was placed. 5.4 Contract Management a) The Contractor shall designate one of its employees as Contract Manager to act on the Contractor’s behalf with regard to management of this Contract. The Contractor may not change its Contract Manager without providing the State with thirty (30) days prior written notice. b) The Contractor shall assign a project manager and project supervisor for the Contract. The project manager shall be responsible for coordination of all Eligible Users and the Contractor. The project manager, or the office represented, shall be responsible for coordinating orders and answering billing questions. The project manager shall be the central point of contact for the Contractor. In the event that the Department is dissatisfied with the performance of the project manager, it will contact the project supervisor. At the Department’s request, the Contractor shall replace the project manager. c) The Contractor shall assign one or more individuals to function as customer service representative(s) for the duration of the Contract. These individuals shall be responsible for providing services under the Contract, which include, but are not limited to, operational and billing problem resolution, product and technical information, and training. They will be responsible to the project manager. At the Department's request, the Contractor shall replace a customer service representative. d) As part of contract management, the Contractor agrees to conduct Business Review Meetings, which may be held at a date, time and location to be mutually agreed State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 49 of 68 upon, with the State. These meeting are to be held at least two (2) times per Timeline year, not more than six months apart. e) The agenda for these meetings will include, inter alia: i) Contract Performance metrics review; ii) Contract improvement; and. iii) Increasing Contract Usage among the Eligible Users. f) The Contractor must meet or exceed the following Performance Measures: i) Less than 2.00 percent voice blocks - If the percentage of calls blocked exceeds, 2%, then the total percentage of calls blocked (including the 2%) shall result in the service provider making an equal percentage reduction of the customer’s bill for the month, whether the pricing plan is an individual user plan or a pooled minutes plan. A call is defined to be blocked when a user is unable to initiate a call due to network congestion or other capacity shortcomings. ii) Contractor will provide service with less than 2 % of total voice call attempts resulting in voice blocks as measured on a monthly basis, except during Force Majeure events. Contractor internally reports a similar metric called Ineffective Attempts (IAs) which includes all attempts to place a call that don’t result in a completed call, including voice blocks. For simplicity, Contractor will provide monthly reporting on IA performance. If this number ever exceeds 2%, further analysis will be performed to determine the actual percentage attributed to voice blocks due to network congestion or other capacity shortcomings. Contractor will report this information on a monthly basis at a regional level for all calls placed on Contractor mobile switches located in the State of Florida. Due to the confidential nature of this information, Contractor deems this information a trade secret as defined by Fla. Stat. § 812.081(1)(c). This information should not be released to any third party by the State. Disclosing this information to a third party would have a negative impact on the business interest of Contractor and damage its position in the marketplace. iii) Less than 2.00 percent voice call drops - If the average for the wireless voice drops for the Contractor’s network is two percent or more during any month, then the customer may be eligible for a service credit of 10 percent of the monthly recurring charge for the wireless services. A call is defined to be dropped when a user experiences an abnormal call release without either side manually ending the call while within the Contractor’s coverage area. iv) Contractor will provide service with less than 2% of total voice calls resulting in a call drop as measured on a monthly basis, except during Force Majeure events. Contractor will report this information on a monthly basis at a regional level for all calls placed on Contractor mobile switches located in the State of Florida. Due to the confidential nature of this information, Contractor deems this information a State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 50 of 68 trade secret as defined by Fla. Stat. § 812.081(1)(c). This information should not be released to any third party by the State. Disclosing this information to a third party would have a negative impact on the business interest of Contractor and damage its position in the marketplace. v) 98 Percent Wireless Network Voice Availability - If the average wireless network voice availability for the Contractor’s network during any month is less than 98 percent, then the customer may be eligible for a service credit of 10 percent of the monthly charge for the wireless services. The availability of all network elements in the call path for wireless voice service determines the overall service availability. vi) Contractor will meet 98 percent wireless network voice availability as measured by cell availability, except during Force Majeure events. Contractor uses cell availability to measure the availability of the network for the customer’s use. Cell availability will take into consideration the most common impactors to network voice availability including switch outages, loss of interconnect or backhaul, loss of power and loss of the cell site itself. Cell availability will be measured at the regional level for all cells connected to switches located in the State of Florida and reported on a monthly basis. Due to the confidential nature of this information, Contractor deems this information a trade secret as defined by Fla. Stat. § 812.081(1)(c). This information should not be released to any third party by the State. Disclosing this information to a third party would have a negative impact on the business interest of Contractor and damage its position in the marketplace. g) The abundance of significantly discounted new equipment available from carriers has created a market where used wireless phone equipment has little or no value. In addition, there can be some expense in properly disposing of used equipment partially due to the technology used in batteries. Contractor does not typically accept used equipment for trade-in or offer any kind of trade-in credit. However, Contractor shall dispose of used equipment for the State at no charge utilizing Contractor HopeLine® program. h) Contractor has a long-standing commitment to community service and recycling, through its exclusive award-winning HopeLine program which dedicates its resources to both the prevention of domestic violence and the life rebuilding process. The national HopeLine phone recycling program collects previously owned wireless handsets from any wireless carrier. The used phones are refurbished and recycled or sold, and the proceeds of the collected recycled phones are donated to domestic violence shelters and prevention programs across the country. The collection program promotes the reuse of cell phone equipment while putting wireless products and services to work to prevent domestic violence. The State may also work separately with third parties to dispose of or sell used phones. 5.5 Contract & Management Reporting a) The Contractor also agrees to provide the Department management reports (“Reports”), which shall include but not be limited to, those reports listed below. State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 51 of 68 b) These reports shall be in a digital format that can be manipulated in Microsoft Excel and provided to the Department. c) Detailed Quarterly Report. (Usage Report) Contractor shall electronically provide the Department with a detailed quarterly report in the format required by the Department showing the dollar volume of any and all sales under this Contract for the previous quarter. Reports shall be submitted to the Department Contract Administrator. Reports are due on the fifteenth (15th) day after the close of the previous quarter. The quarterly report shall include each Customer name and account number, Customer purchase order number, contact name, Customer’s complete billing address. Each line item sale must contain all information listed above or the report will be rejected and returned to the Contractor for correction. The Contractor can choose to submit this report monthly instead. d) Using form PUR 3776, the Contractor must report its applicable MyFloridaMarketPlace 1% transaction fee per the General Conditions, paragraph 4.15. e) Yearly Reports on Contractor’s Internal Performance Audits presented at one of the Half-yearly Business Review meetings with the Department. f) Reports addressing dropped calls, blocked calls, and network availability requirements described in 5.4(f). g) Contractor shall provide the reports that the State needs utilizing Contractor existing reporting capabilities. Millions of call records are processed and stored in standard formats by Contractor network switches and associated architecture. Wireless billing systems capable of processing these millions of records are very complex. All billing systems have limitations with regard to reporting. 5.6 Training & Technical Assistance a) At no additional cost, the Contractor must provide an orientation session(s) for all Eligible User coordinators on the configuration and utilization of the services it intends to provide including trouble reporting, billing methods, management report interpretation and feature usage. b) The Contractor will designate technical assistance available, via phone and Internet, to all Eligible Users on a 24 hour, 7 day a week basis, and shall provide an Emergency Point of Contact (EPOC) and Emergency Back-Up Point of Contact (EBPOC) list to the primary contact for all emergencies. This technical assistance must be available on the effective date of the Contract. Information on accessing the technical assistance must be made available to the Department. 5.7 Invoicing and Payment Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, which govern time limits for payment of invoices. Invoices that must be returned to a Contractor due to preparation errors will result in a delay in payment. State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 52 of 68 Contractors may call (850) 413-7269 Monday through Friday to inquire about the status of payments by State Agencies. The Department is responsible for all payments under the Contract. A Department’s failure to pay, or delay in payment, due to non- appropriation of funds or a force majuere event, shall not constitute a breach of the Contract and shall not relieve the Contractor of its obligations to the Department or to other the Departments. 5.8 Cooperative Purchasing (Also See Contract Section 4.42) The Contractor will not make this contract available to customers outside of Florida. 5.9 Clarification of Product Version (Also See Contract Section 4.3) a) Contractor will fill orders with the most current release or version available in Contractor’s warehouse that has passed Contractor’s internal testing. Contractor is not an equipment manufacturer. Some time passes between the issuance of a new model release or version by a manufacturer and the receipt of such equipment by Contractor. In addition, Contractor requires that equipment pass Contractor’s own internal testing before Contractor will offer it for sale or accept it for use on Contractor’s network. This is part of Contractor’s internal quality control process. b) Contractor’ offer includes at least one model throughout the term of the Agreement that meets ITN requirements and is available at no charge, which model shall be designated by Contractor as the “basic phone”. Contractor reserves the right to replace the equipment models shown at “No Charge” and the designated “basic phone” with comparable models and to add or discontinue models. Contractor shall provide the State with an updated list of available equipment models at least quarterly. The Department’s Contract Manager shall approve any product changes prior to any change on products listed on the DMS website, Contractor maintained website or MyFloridaMarketPlace catalog content. 5.10 Release of Contractor Employee Information Clarification (Also See Contract Section 4.31) a) Customers are encouraged to provide feedback to Contractor regarding the skills, qualifications and performance of the primary account manager. Contractor will make every effort to notify the State of any changes in the State’s account team. b) All Contractor employees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the State. Contractor shall conduct criminal history checks for all prospective Contractor employees who will be providing the Deliverables and Services prior to the Contractor's employees obtaining access to State, state employee, or state retiree Confidential Information. Such criminal history checks shall be maintained in the Contractor records. The State may refuse access to, or require replacement of, any Contractor personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or material noncompliance with State security or other requirements. Such approval shall not relieve the Contractor of its obligation to perform services in compliance with the Contract. The State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 53 of 68 State may reject and bar from any facility for cause any of the Contractor’s employees, subcontractors, or agents. 5.11 Equipment Upgrade Period The equipment upgrade period for each Subscriber line begins on the date wireless service is activated for that line and continues for a period of twenty-two months (“Equipment Upgrade Period”). When the Equipment Upgrade Period expires, Subscribers may receive new Equipment for that Subscriber line. 5.12 Zero Usage Contractor reserves the right to disconnect mobile telephone line(s) in service if there has been zero usage for sixty (60) consecutive days, or minimal usage for one hundred eighty (180) days, on such line(s) and require equipment provided with the disconnected line(s) be returned to Contractor or reassigned to another Subscriber of an Eligible User. State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 54 of 68 6.0 Forms and Worksheets (Contractor’s Offer and Price Schedule) Contents 6.01 Savings and Reduction 7064 6.02 Worksheet 1 Pricing Basic / Wireless Voice Services Only 6.03 Worksheet 2 Pricing Basic / Push to Talk 6.04 Worksheet 3 Basic Equipment and Accessory Discount 6.05 Optional Features 6.06 Table 1, Network Coverage Table State Term Contract Wireless Voice Services Contract No. 725-330-05-1 ----------------------------------------------------------------------------------------------------------------------------------------------------------- May 6, 2005 Page 55 of 68 6.01 SAVINGS/PRICE REDUCTIONS PUR 7064 Invitation to Negotiate No. 10-725-000-W Respondent is required to furnish the percent (%) savings in prices offered in this reply compared to retail, list, published or other usual and customary prices that would be paid by the purchaser without benefit of a contract resulting from this response. DATE_____Revised effective January 14, 2005_______ COMPETITIVE PRICES OFFERED AVERAGE 48 to 74_ % SAVINGS. HOW CAN WE VERIFY THE CLAIMED SAVINGS (example: retail or other usual and customary prices published at [url], or other source of benchmark prices)? Response: On the following page we have attached information about benchmarks with an explanation of how we calculated average savings for the blank above. Please see the explanation. AUTHORIZED SIGNATURE: _____________________________ TELEPHONE NUMBER: ____(904) 477-7707_________________ (Michael Hawthorne, Contractor Contact) RESPONDENT NAME :___Contractor_______________ ___ IF CONTRACT AWARDED, STATE PURCHASING ANALYST/SPECIALIST TOOK THE FOLLOWING STEPS TO VERIFY SAVINGS: Response: WHAT WERE THE RESULTS? PURCHASING ANALYST/SPECIALIST Response: May 6, 2005 Page 56 of 68 Benchmark Plan A (Note: this page describes discount provided on PUR 7064) America's ChoiceSM Flat Rate Plans: Corporate and Employee Subscribers The America's Choice Corporate and Employee Subscriber Flat Rate Plan are not eligible for any monthly access discounts or promotions. Corporate Subscriber Flat Rate Plan Employee Subscriber Flat Rate Plan Monthly Access Fee $11.99 $14.99 General Allowance Minutes 0 Per Minute Rate $0.25 Contractor Long Distance Rate Included (for Domestic Long Distance Calls) Domestic and Canadian Roaming Airtime Rate† $0.69 per minute Note: The America's Choice home airtime rate area includes the Contractor network and select preferred roaming carriers, see America's Choice Calling Plan Map for details. †Roaming and toll charges may apply when making and receiving calls from off the America's Choice home airtime rate area and Canada; long distance charges will apply when making or receiving calls outside the United States. Toll and long distance charges may apply when making or receiving calls in Puerto Rico. Please see Calling Plan Features for included and additional features; Contractor Calling Plan Terms and Conditions apply. (The plans above are sample actual rate plans contract exhibit provided here as a benchmark. These plans are not being offered to the State of Florida.) These standard plans are available to Corporate and Government customers at minimum line commitment levels (5 lines or more) with a Corporate Account Agreement. In addition, these plans are Contractor lowest monthly access standard plans that are available to Corporate and Government customers with a minimal line commitment and no revenue commitment. These plans are not eligible for any monthly access discounts. This means that the monthly access and per minute charge is not discounted, even for Corporate and Government Customers who contract with us for large minimum line commitments. These plans are the plans most similar to the Basic Wireless Voice Services Florida Plan that Contractor are offering to the State. Benchmark Plan B Current Eligible Users on Contractor America’s Choice calling plans under Contractor current contract with the State of Florida used an average of 569 minutes each during the month of October. If a retail customer with this usage asked to be on the most cost effective plan available to them, Contractor would recommend Contractor America’s ChoiceSM 500- minute plan. You can find this plan online at: www.verizonwireless.com . (Enter a Florida zip code if asked). From the red “Plans” tab at the top of the page, select “All Plans”. Then in the “Recommended Plans” column on the right, select “view all plans”. The 500-minute plan is the second plan listed. Explanation of Contractor calculation of Average % Savings: Current Eligible Users on Contractor America’s Choice calling plans under Contractor current contract with the State of Florida used an average of 569 minutes each during the month of October. Contractor used this actual usage average in calculating average savings as follows: Basic Wireless Voice Services Florida Plan Benchmark Plan A Benchmark Plan B Monthly Access $0.00 $11.99 $49.99 Included Minutes 0 0 500 Home Airtime Rate/Minute $0.07 $0.25 $0.40 Monthly Minutes Used 569 569 569 Total Monthly Charges* $39.83 $154.24 $77.59 Difference from State Offer N/A + $114.41 + $37.76 % Savings Over Plan A 74.17% N/A N/A % Savings Over Plan B 48.66% N/A N/A *For this example Contractor has not included any optional services, roaming, long distance, taxes, or fees. May 6, 2005 Page 57 of 68 6.02 Worksheet 1 BASIC / WIRELESS VOICE SERVICES ONLY A. Florida Plan Option 1 Pricing Proposal (Per Addendum 9) INDIVIDUAL $ ___0.06_____rate per minute (Includes activation, access, roaming and base phone charges) Option 2 Pricing Proposal (Per Addendum 9) (NOTE: OPTION 2 WAS NOT SELECTED BY THE STATE) INDIVIDUAL $ __0.06 to 0.07___rate per minute (Includes activation, access, roaming and base phone charges) Option 2 Pricing Proposal is offered contingent upon the State incorporating the following Billing Provision into any resultant contract between the parties: “In the event any individual Wireless Voice service (telephone) line issued and activated under the terms of this State Term Contract fails to yield a minimum cumulative total of $_____ in revenue during the first twelve months of activation (or, in the event of cancellation within twelve months of actual activation), the vendor may bill the Eligible User for the difference between $_____ and the actual cumulative billing total. This amount represents cost of equipment not otherwise recaptured by the Vendor.” B. NATIONWIDE PLAN OPTION 1 PRICING PROPOSAL (Per Addendum 9) INDIVIDUAL $ ___0.10____rate per minute (Includes activation, access, roaming and base phone charges) OPTION 2 PRICING PROPOSAL (Per Addendum 9) INDIVIDUAL $ ___0.10____rate per minute (Includes activation, access, roaming and base phone charges) Option 2 Pricing Proposal is offered contingent upon the State incorporating the following Billing Provision into any resultant contract between the parties: “In the event any individual Wireless Voice service (telephone) line issued and activated under the terms of this State Term Contract fails to yield a minimum cumulative total of $_____ in revenue during the first twelve months of activation (or, in the event of cancellation within twelve months of actual activation), the vendor may bill the Eligible User for the difference between $_____ and the actual cumulative billing total. This amount represents cost of equipment not otherwise recaptured by the Vendor.” May 6, 2005 Page 58 of 68 Instructions for Worksheet 1: 1. Respondents will provide a figure for the rate per minute for the Individual categories (Option 1 and Option 2) as above. This will include activation, access, roaming and base phone charges for calls originated and terminated in the State of Florida. 2. Nationwide Plan – Same plan as the Individual Florida Plan except that this plan covers any call originated outside or within Florida and terminated within the continental USA as a domestic call. 3. Respondents will complete the billing provision in option 2 pricing proposal section above by inserting their proposed amount. Basic Wireless Voice Services Florida Plan (Local DigitalChoice Calling Plan) These Calling Plans are not eligible for any monthly access fee discounts Line Attainment Tier None Standard Monthly Access Fee $0.00 Home Airtime Minutes None Per Minute Rate $0.06 Verizon Wireless Long Distance Rate† Included Roaming Airtime Rate†† $0.39 per minute The Local DigitalChoice home airtime rate and coverage area includes the Verizon Wireless network and select preferred roaming carriers. See Calling Plan Map for details. * Monthly access fee includes unlimited one to one and group Push to Talk calling. Domestic long distance is included when placing calls in the home airtime rate and coverage area. Long distance charges will apply when making or receiving calls outside the home calling area and the United States. Toll and long distance charges may apply when making or receiving calls in Puerto Rico. ††Roaming and toll charges may apply when making and receiving calls from off the home airtime rate and coverage area and in CDMA countries, see International Roaming terms and conditions. Basic Wireless Voice Service Nationwide Plan (National SingleRateSM Calling Plan) This National SingleRate Calling Plan is not eligible for any monthly access fee discounts Standard Monthly Access Fee $0.00 Home Airtime Minutes None Per Minute Rate $0.10 Roaming Airtime Rate† Included throughout the 50 States ($0.69 per minute in Canada) Verizon Wireless Long Distance Rate†† Included Note: National SingleRate home airtime rate and coverage area includes the 50 states. †Roaming, toll, and long distance charges may apply when making and receiving calls from CDMA countries outside of the 50 States see International Roaming terms and conditions. ††Domestic long distance is included when placing calls in the America’s Choice home airtime rate and coverage area. Long distance charges will apply when making or receiving calls outside the United States. Push to talk capability is not available with National SingleRate calling plans. IN Calling and Nights and Weekends options are not available with this plan. RESPONDENT’S NAME:_______ Contractor _____________________ May 6, 2005 Page 59 of 68 6.03 Worksheet 2 BASIC / PUSH TO TALK (This worksheet is to be used exclusively by respondents that can provide both wireless voice services and “push to talk” capability on a single wireless phone or instrument.) A. Florida Plan Option 1 Pricing Proposal (Per Addendum 9) INDIVIDUAL $ __0.06_____rate per minute, plus $10.00 monthly fee OR $__________ flat monthly fee (Includes activation, access, roaming and base phone charges) OPTION 2 PRICING PROPOSAL (Per Addendum 9) (NOTE: OPTION 2 WAS NOT SELECTED BY THE STATE) INDIVIDUAL $ _0.06 to 0.07 rate per minute, plus $10.00 monthly fee OR $__________ flat monthly fee (Includes activation, access, roaming and base phone charges) Option 2 Pricing Proposal is offered contingent upon the State incorporating the following Billing Provision into any resultant contract between the parties: “In the event any individual Wireless Voice service (telephone) line issued and activated under the terms of this State Term Contract fails to yield a minimum cumulative total of $_____ in revenue during the first twelve months of activation (or, in the event of cancellation within twelve months of actual activation), the vendor may bill the Eligible User for the difference between $_____ and the actual cumulative billing total. This amount represents cost of equipment not otherwise recaptured by the Vendor.” B. NATIONWIDE PLAN Option 1 Pricing Proposal (Per Addendum 9) INDIVIDUAL $ ___N/A_____rate per minute (Includes activation, access, roaming and base phone charges) Option 2 Pricing Proposal (Per Addendum 9) INDIVIDUAL $ ___N/A_____rate per minute (Includes activation, access, roaming and base phone charges) Option 2 Pricing Proposal is offered contingent upon the State incorporating the following Billing Provision into any resultant contract between the parties: “In the event any individual Wireless Voice service (telephone) line issued and activated under the terms of this State Term Contract fails to yield a minimum cumulative total of $_____ in revenue during the first twelve months of activation (or, in the event of cancellation within twelve months of actual activation), the vendor may bill the Eligible User for the difference between $_____ and the actual cumulative billing total. This amount represents cost of equipment not otherwise recaptured by the Vendor.” May 6, 2005 Page 60 of 68 Instructions for Worksheet 2: 1. Respondents will provide a figure for the rate per minute or flat rate monthly charge for the Individual category as above. This will include activation, access, roaming and base phone charges for calls originated and terminated in the State of Florida. 2. Nationwide Plan – Same plan as the Individual Florida Plan except that this plan covers any call originated outside or within Florida and terminated within the continental USA as a domestic call. 3. Respondents will complete the billing provision in option 2 pricing proposal section above by inserting their proposed amount. Basic Push To Talk Florida Plan (Local DigitalChoice with Push to Talk Calling Plan) Line Attainment Tier None Monthly Fee with Push to Talk* $10.00 Home Airtime Minutes None Per Minute Rate $0.06 Verizon Wireless Long Distance Rate† Included Roaming Airtime Rate†† $0.39 per minute The Local DigitalChoice home airtime rate and coverage area includes the Verizon Wireless network and select preferred roaming carriers. See Calling Plan Map for details. * Monthly access fee includes unlimited one to one and group Push to Talk calling. Domestic long distance is included when placing calls in the home airtime rate and coverage area. Long distance charges will apply when making or receiving calls outside the home calling area and the United States. Toll and long distance charges may apply when making or receiving calls in Puerto Rico. ††Roaming and toll charges may apply when making and receiving calls from off the home airtime rate and coverage area and in CDMA countries, see International Roaming terms and conditions. Push to Talk capable Equipment required. Push to Talk calls may only be made with other Verizon Wireless Push to Talk Subscribers. Push to Talk is only available within the National Enhanced Services rate and coverage area. There may be a delay from when initiating a Push to Talk call. Push to Talk calls end after 20 seconds of inactivity. Unanswered ‘barge’ calls to available individuals incur charges even if the individual does not respond. All calls to groups are ‘barge’ calls. While on a Push to Talk call, voice calls received will go directly to voicemail. While on a voice call Push to Talk calls cannot be received. Other Verizon Wireless Push to Talk Subscribers cannot be prevented from entering your MTN into their Push to Talk contact lists. Mobile Telephone Numbers (MTNs) can only be blocked from Caller ID through a global setting available through www.vzwpushtotalk.com.. Only one person can speak at a time during Push to Talk calls. Presence feature is not available on these calling plans. Please note: Push to Talk phones may not be used on non-Push to Talk Calling Plans. Subscriber use of group calling prior to commercial launch of new phone models is not available. Accordingly, if you switch to a non-Push to Talk Calling Plan, you will not be permitted to use you Push to Talk Phone. If you obtain a non-Push to Talk phone from Verizon Wireless at a discount when switching calling plans, you may be required to extend the term of your Customer Agreement. RESPONDENT’S NAME:______Contractor_______________________ May 6, 2005 Page 61 of 68 6.04 Worksheet 3 Basic Equipment and Accessory Discount (Please also refer to Contract Sections 4.3 and 5.9 regarding Contract Equipment) 1 Basic Wireless Equipment Make Model Retail Price Contract Price Base Phone (any of 1 – 5 below) Other Phones: 1 Motorola V60s $189.99 $0.00 2 Nokia 6015 $129.99 $0.00 3 Kyocera KX404 $139.99 $0.00 4 Samsung A650 $219.99 $0.00 5 LG VX3200 $139.99 $0.00 6 Motorola V265 $219.99 $39.99 7 LG VX6100 $239.99 $69.99 8 Motorola V710 $419.99 $259.99 9 * * Additional optional dual band models available upon request. 2 Equipment with PTT Make Model Retail Price Contract Price Base Phone Kyocera KY444 N/A $0.00 Other Phones: 1 Motorola V60p $319.99 $99.99 2 3 Additional models should be 4 available before contract award 5 6 7 8 9 Proposed standard discount from the then current list price for ALL other accessories: _________________25____% Vehicle Power Adapter at No Charge: Government Subscribers purchasing new phones shall receive a vehicle power adapter (VPA) at no charge. May 6, 2005 Page 62 of 68 6.05 Optional Features Optional Features The following features may be added to calling plans as identified below. Unless indicated, fees are per month in addition to the calling plan monthly access fee and no further discounts apply. 1000 IN Calling Minutes1,4 $10.00 1000 Nights and Weekends2, $10.00 $2.99 (100 TXT msgs. included) $4.99 (250 TXT msgs. included) $9.99 (1000 TXT msgs. included) $19.99 (2,500 TXT msgs. included) TXT Messaging & Enhanced TXT Messaging3 $0.02 per additional inbound message / $0.10 per additional outbound message per address 1Only available on specified plans, IN Calling terms and conditions apply. Calling plans with IN Calling minutes included, do not qualify for additional IN Calling minutes in this table. 2Nights and Weekends terms and conditions apply. Calling plans with Nights and Weekend minutes included, do not qualify for additional Nights and Weekend minutes in this table. 3TXT Messaging terms and conditions apply. 4Not available on National SingleRate calling plans. Subscriber’s first partial and full month’s access charges for push to talk are payable in advance and will not be refunded after activation of the Wireless Service. Charges, for calls that connect, begin when the "SEND" or “CONNECT” button is pressed, or upon connection to the network. On incoming calls, charges may begin prior to the phone ringing or before “SEND” is pressed to receive the call. Charges end when a call or disconnects from the network, which may be a few seconds after “END” or “DISCONNECT” button is pressed. Calls to certain fax/data modems incur charges, though it may sound as if call was unanswered. Calls to "911" and certain other emergency services are toll and airtime free however, airtime may be charged when dialing toll-free numbers. All features may not be available in all Verizon Wireless markets. Roaming in CDMA countries outside of the US: Roaming in these territories will only be available in “CDMA“ mode where service is available. An update to the Global Phone software is required to roam in S. Korea. Roaming in GSM countries: Rates, terms and conditions apply only when roaming on participating GSM networks in published Global Phone countries. Service may be available in additional countries, but airtime rates, availability of calling features, and ability to receive incoming calls (including return calls from emergency services personnel) may be restricted. See verizonwireless.com for Zone 1 and Zone 2 countries, coverage and airtime rates. Service in certain countries may be blocked without prior notice. Where text messaging is available, Customer will be charged $0.50 for each message sent and $0.05 for each message received. TXT messages cannot exceed 140 characters and may be sent only to MTNs of: (i) Verizon Wireless customers, and (ii) customers of foreign wireless carriers that participate in international text messaging. Check www.vtext.com for the most current list of participating foreign carriers. TXT messages cannot be sent to email addresses. Home Airtime and Roaming: Airtime is rounded up to next full minute. Automatic roaming may not be available in all areas and rates may vary. Roaming charges may be delayed to a later bill. International Long Distance: International Long Distance is available but may be subject to a 90-day payment history with Verizon Wireless. International long distance rates will vary and do not apply for calls to Canada, Puerto Rico, the U.S. Virgin Islands and some U.S. Protectorates, or to credit card or operator assistance calls. Included Feature Billing Details Call Waiting1 Three Way Calling1 Call Forwarding No Answer/ Busy Transfer Caller ID2 Basic Voice Mail 3 411 Connect SM 4 Basic TXT Messaging5 1Airtime charges apply to all calls simultaneously. 2When making a call, Subscriber’s Mobile Telephone Number (MTN) may be displayed to the receiving party with Caller ID capable Equipment. Caller ID service may not be available outside home airtime rate and coverage areas, and may not be compatible with certain enhanced features. Caller ID can be blocked for most calls by dialing *67 before each call, or by ordering per-line call blocking where available. Calls to some numbers such as toll-free numbers cannot be blocked. 3Airtime charges apply to message retrieval. 4Directory assistance with automatic call completion is $1.25 per call plus airtime charges. 5$0.02 per inbound and $0.10 per outbound message charge applies. TXT Messaging terms and conditions below apply. May 6, 2005 Page 63 of 68 Optional Services Additional fees may be required as shown Push to Talk: Push to Talk capable Equipment required. Push to Talk calls may only be made with other Verizon Wireless Push to Talk Subscribers. Push to Talk is only available within the National Enhanced Services rate and coverage area. There may be a delay from when initiating a Push to Talk call. Push to Talk calls end after 20 seconds of inactivity. Unanswered ‘barge’ calls to available individuals incur charges even if the individual does not respond. All calls to groups are ‘barge’ calls. While on a Push to Talk call, or when updated presence information is being sent to the Equipment, voice calls received will go directly to voicemail. While on a voice call Push to Talk calls cannot be received; however, presence information will indicate that Subscriber is ‘available’. Other Verizon Wireless Push to Talk Subscribers cannot be prevented from entering your MTN into their Push to Talk contact lists. MTNs cannot be blocked from Caller ID when making a Push to Talk call. Only one person can speak at a time during Push to Talk calls IN Calling: IN Calling minutes apply when making calls directly to or receiving calls directly from another Verizon Wireless Subscriber while in the America’s Choice Home Rate and Coverage area. With Local Digital Choice Calling Plans IN calls must originate and terminate while both Verizon Wireless Subscribers are within the same local IN Calling area. Phone may not accurately display Caller ID and roaming indication. Not available with fixed wireless devices with usage substantially from a single cell site. IN Calling is not available to Subscribers whose current wireless exchanges restrict the delivery of Caller ID. IN Calling minutes will be applied before home airtime minutes.* Night and Weekends: Applies to calls made in a calling plan’s home airtime area only during the following hours: 9:01 pm Friday through 5:59am Monday and 9:01pm-5:59am Monday through Friday. *NOTE: If both Night and Weekend and IN Calling minute allowances apply to a given call, the minutes will decrement from the IN Calling allowance before the Night and Weekend allowance. However, if either allowance is unlimited, that allowance will always apply first. *TXT Messaging: TXT Messaging includes Short Message Service (SMS up to 160 characters) and Enhanced TXT Messaging (EMS up to 1120 characters) Enhanced TXT Messages sent to most SMS handsets will be delivered as multiple TXT messages of up to 160 characters each. Subscribers have the option to have text messages disabled entirely without affecting voicemail or other related services. TXT Messaging plans do not include Operator Assisted Messaging. Verizon Wireless is not responsible for information sent using TXT Messaging or Enhanced TXT Messaging. Verizon Wireless cannot guarantee that messages will be received and is not responsible for messages that are lost or misdirected. Messages not delivered after 5 days are automatically deleted. Airtime charges do not apply to the sending or receiving of text messages. When sending messages from a phone, the sender’s telephone number will always be sent to the destination, even if Caller ID is used to block voice calls. Customer’s Cell Phone Number and Caller ID. Verizon Wireless will assign one Mobile Telephone Number (“MTN”) to each Subscriber line. Other than as required to port a MTN, Customer does not have any property right in the MTN and Verizon Wireless may change, reassign, or eliminate an MTN upon reasonable notice to Customer under certain circumstances, including fraud prevention, area code changes and regulatory or statutory law enforcement requirements. Roaming in CDMA countries outside of the US: Roaming in these territories will only be available in “CDMA“ mode where service is available. An update to the Global Phone software is required to roam in S. Korea. Roaming in GSM countries: Rates, terms and conditions apply only when roaming on participating GSM networks in published Global Phone countries. Service may be available in additional countries, but airtime rates, availability of calling features, and ability to receive incoming calls (including return calls from emergency services personnel) may be restricted. See verizonwireless.com for Zone 1 and Zone 2 countries, coverage and airtime rates. Service in certain countries may be blocked without prior notice. Where text messaging is available, Customer will be charged $0.50 for each message sent and $0.05 for each message received. TXT messages cannot exceed 140 characters and may be sent only to MTNs of: (i) Verizon Wireless customers, and (ii) customers of foreign wireless carriers that participate in international text messaging. Check www.vtext.com for the most current list of participating foreign carriers. TXT messages cannot be sent to email addresses. May 6, 2005 Page 64 of 68 6.06 TABLE 1, Network Coverage Table County Employees Percentage of Total Employees Percentage of County Coverage Local Number Availability? (Y/N) Roaming Partner Area? (Y/N) ALACHUA 3,712 3.09% 100 Y Y BAKER 1,552 1.29% 68.39 N Y BAY 1,021 0.85% 100 Y Y BRADFORD 1,378 1.15% 100 N Y BREVARD 1,929 1.60% 100 Y Y BROWARD 5,802 4.82% 100 Y Y CALHOUN 386 0.32% 100 N Y CHARLOTTE 616 0.51% 98.86 Y Y CITRUS 363 0.30% 96.62 Y Y CLAY 398 0.33% 97.07 N Y COLLIER 625 0.52% 93.01 Y Y COLUMBIA 1,622 1.35% 89.99 N Y DADE 10,705 8.90% 89.83 Y Y DESOTO 985 0.82% 100 N Y DIXIE 381 0.32% 63.34 N Y DUVAL 4,475 3.72% 100 Y Y ESCAMBIA 2,257 1.88% 100 Y Y FLAGLER 150 0.12% 100 Y Y FRANKLIN 216 0.18% 77.55 N Y GADSDEN 2,994 2.49% 100 N Y GILCHRIST 435 0.36% 100 N Y GLADES 36 0.03% 91.87 N Y GULF 714 0.59% 92.84 N Y HAMILTON 697 0.58% 99.42 N Y HARDEE 435 0.36% 100 N Y HENDRY 311 0.26% 97.69 Y Y May 6, 2005 Page 65 of 68 County Employees Percentage of Total Employees Percentage of County Coverage Local Number Availability? (Y/N) Roaming Partner Area? (Y/N) HERNANDO 594 0.49% 99.88 Y Y HIGHLANDS 347 0.29% 99.17 Y Y HILLSBOROUGH 5,452 4.53% 99.95 Y Y HOLMES 452 0.38% 100 N Y INDIAN RIVER 484 0.40% 100 Y Y JACKSON 2,339 1.94% 100 N Y JEFFERSON 321 0.27% 100 Y Y LAFAYETTE 312 0.26% 94.23 N Y LAKE 1,114 0.93% 100 Y Y LEE 2,685 2.23% 91.90 Y Y LEON 22,600 18.79% 100 Y Y LEVY 326 0.27% 94.57 N Y LIBERTY 365 0.30% 95.74 N Y MADISON 447 0.37% 100 N Y MANATEE 670 0.56% 100 Y Y MARION 1,982 1.65% 94.29 Y Y MARTIN 609 0.51% 99.86 Y Y MONROE 647 0.54% 27.34 Y Y NASSAU 228 0.19% 98.71 Y Y OKALOOSA 876 0.73% 100 Y Y OKEECHOBEE 400 0.33% 98.53 Y Y ORANGE 5,422 4.51% 100 Y Y 0.57% OSCEOLA 690 0.00% 100 Y Y OUT OF STATE/COUNTRY 221 0.18% N/A N/A N/A PALM BEACH 4,609 3.83% 99.81 Y Y PASCO 1,228 1.02% 99.94 Y Y May 6, 2005 Page 66 of 68 County Employees Percentage of Total Employees Percentage of County Coverage Local Number Availability? (Y/N) Roaming Partner Area? (Y/N) PINELLAS 3,134 2.61% 99.36 Y Y POLK 3,848 3.20% 99.36 Y Y PUTNAM 506 0.42% 99.92 Y Y SANTA ROSA 875 0.73% 99.98 N Y SARASOTA 1,056 0.88% 99.99 Y Y SEMINOLE 730 0.61% 100 Y Y ST JOHNS 1,287 1.07% 100 Y Y ST LUCIE 1,120 0.93% 100 Y Y SUMTER 732 0.61% 100 Y Y SUWANNEE 258 0.21% 100 N Y TAYLOR 562 0.47% 99.95 N Y UNION 1,731 1.44% 98.34 N Y VOLUSIA 2,979 2.48% 100 Y Y WAKULLA 405 0.34% 100 N Y WALTON 537 0.45% 100 N Y WASHINGTON 889 0.74% 100 N Y TOTAL EMPLOYEES 120,264 May 6, 2005 Page 67 of 68 In Calling/America’s Choice Home Airtime Rate and Coverage Area Important Map Information: National Enhanced Services Rate and Coverage Area These maps are not a guarantee of coverage, contain areas with no service, and are general predictions of where rates, outdoor coverage including enhanced services apply, largely based on our internal data. The America’s Choice map includes networks operated by other carriers and some of the coverage depicted is based on their information and public sources and we cannot ensure its accuracy. Enhanced services and some features are not available throughout the America’s Choice home airtime rate and coverage area and may be limited to the National Enhanced Services rate and coverage area. Wireless Service is subject to limitations, particularly near coverage boundaries and remote areas. Equipment, topography and environmental considerations also affect service, which may vary significantly within buildings. All-Digital devices will not operate or be able to make 911 calls when digital service is not available, even when in the America’s Choice home airtime rate and coverage area. Roaming Indicator Information: Equipment roaming indicator identifies when rates apply and when features and services may be available. Roaming indicators vary by Equipment. • When the indicator is off or the banner displays “Verizon Wireless” home airtime rates and National IN Calling minutes apply.* When the digital indicator is also on, digital features and services are available. • When the indicator is flashing or the banner displays “Extended Network,” home airtime rates and National IN Calling minutes apply.* When the digital indicator is also ON, digital features and services are available. • When the indicator is off or the banner displays “Extended Network”, Home airtime rates and National IN Calling minutes apply; but other features and services may not be available. • When the indicator is solid or the banner displays “Roaming,” roaming rates apply. National IN Calling minutes do not apply and other features and services may not be available. *National IN Calling minutes may not apply in certain counties in Iowa, Kentucky, Ohio and West Virginia. IN Calling minutes may not apply in the certain counties in Missouri, Mississippi and Louisiana. ** In Puerto Rico, National IN Calling minutes will apply May 6, 2005 Page 68 of 68 National SingleRate Home Airtime Rate and Coverage Area Governor Charlie Crist Secretary Linda H. South Division of State Purchasing 4050 Esplanade Way, Suite 360 Tallahassee, Florida 32399-0950 850-488-8440: TEL 850-414-6122: FAX http://dms.myflorida.com Suite 360 October 30, 2007 MEMORANDUM NO.: (725-330-05-1) 5 TO: User Agency FROM: Director, State Purchasing SUBJECT: Contract No. 725-330-05-1 Title: Wireless Voice Services Effective immediately Fredrick Ross will assume contract administration duties for this State Term Contract. Please direct any questions regarding this Contract to Fredrick Ross at (850) 488-1086 or Fredrick.Ross@dms.myflorida.com. Governor Charlie Crist Secretary Linda H. South Division of State Purchasing 4050 Esplanade Way, Suite 360 Tallahassee, Florida 32399-0950 850-488-8440: TEL 850-414-6122: FAX http://dms.myflorida.com Suite 360 December 7, 2007 MEMORANDUM NO.: (725-330-05-1) 6 TO: User Agency FROM: Director, State Purchasing SUBJECT: Contract No. 725-330-05-1 Title: Principle Technology: Wireless Voice Services Effective immediately Mark Foss will assume contract administration duties for this State Term Contract. Please direct any questions regarding this Contract to Mark Foss at (850) 488-1086 or Mark.Foss@dms.myflorida.com. Suite 360 January 7, 2010 MEMORANDUM NO.: (725-330-05-1) 7 TO: User Agency FROM: Director, State Purchasing SUBJECT: State Term Contract No. 725-330-05-1 Title: Wireless Voice Services Effective January 7, 2010, Michelle MacVicar will assume contract administration duties for this State Term Contract. Please direct any questions regarding this Contract to Michelle MacVicar at (850) 414-6131 or Michelle.MacVicar@dms.myflorida.com. Suite 360 February 3, 2010 MEMORANDUM NO.: (725-330-05-1) 8 TO: User Agency FROM: Director, State Purchasing SUBJECT: State Term Contract No. 725-330-05-1 Title: Wireless Voice Services Effective February 3, 2010, Stu Potlock will assume contract administration duties for this State Term Contract. Please direct any questions regarding this Contract to Stu Potlock at (850) 488- 1086 or Stu.Potlock@dms.myflorida.com. Suite 360 May 10, 2010 MEMORANDUM NO.: (725-330-05-1) 9 TO: User Agency FROM: Director, State Purchasing SUBJECT: State Term Contract No. 725-330-05-1 Title: Wireless Voice Services Effective May 11, 2010, the State Term Contract with Verizon Wireless has been renewed for a two year period through May 10, 2012. The renewal includes rate reductions to the per-minute rates as well as other reductions to certain calling plans. Please see Amendment 9 for details. Effective immediately, Raghib Qureshi will assume contract administration duties for this State Term Contract. Please direct any questions regarding this Contract to Raghib Qureshi at (850) 413-0319 or Raghib.Qureshi@dms.myflorida.com . Wireless Voice Services Contract # 725-330-05-1 Amendment 9 Page 1 State of Florida, Department of Management Services and Verizon Wireless WIRELESS VOICE SERVICES STATE TERM CONTRACT # 725-330-05-1 AMENDMENT 9 THIS AMENDMENT (number 9) (“Amendment”) is made and entered into by and between the State of Florida, Department of Management Services (“Department” or “Customer”) and Verizon Wireless Personal Communications, LP (a Delaware LP) DBA Verizon Wireless and Verizon Wireless of the East LP DBA Verizon Wireless, (“Contractor” or “Verizon Wireless”), for attachment to Contract # 725-330-05-1, effective May 11, 2005 (“Contract” or “Agreement”). The parties agree that the “Term” of this Contract shall be renewed for an additional twenty-four (24) months commencing upon May 11, 2010 and ending on May 10, 2012 unless extended, cancelled or terminated as provided herein or the terms and conditions of the Agreement. The Department and Verizon Wireless hereby agree to amend the Contract as follows: 1. This Amendment is an integral part of and modifies the Contract. The terms used herein which are defined or specified in the Contract shall have the meanings set forth in the Contract. If there are any inconsistencies between the provisions of this Amendment and the provisions of the Contract, the provisions of the Amendment shall control. 2. This Amendment shall be effective when executed by both parties. 3. The Department, by written notice to the Contractor, may upon thirty (30) days written notice to the Contractor, terminate the Contract in whole or in part when the Department determines in its sole discretion that it is in the State’s best interest to do so. The Contractor shall not furnish any goods or perform any services after it receives the notice of termination, except as necessary to complete the continued portion of the Contract, if any. 4. Contractor acknowledges that the Department may issue a procurement for mobile communication services and agrees that, upon execution of a contract resulting from the procurement for mobile communication services, the Department may terminate the existing services provided under this contract with 30 days written notice with no termination liability charges. End-Users of this Contract will be allowed to migrate to the new contract without any penalty. The Contractor shall work with the Department/end-users for a seamless or transparent transfer of existing end-users to the new wireless contract. The existing end-user migration shall be at no cost to the Department or end-users. Neither the Department nor the existing end-user shall be liable for any expense associated with migration to the new wireless service. 5. The Basic Wireless Voice Services Florida Plan and the Basic Wireless Voice Services Nationwide Plan are modified as follows: The Per Minute Rate for the Basic Wireless Voice Services Florida Plan is $0.052. The Per Minute Rate for the Basic Wireless Voice Service Nationwide Plan is $0.090. Section 6.02 (Worksheet 1) to the Agreement is stricken in its entirety and replaced with the new Section 6.02 (Worksheet 1) attached hereto. 6. The Basic Push To Talk Florida Plan is modified as follows: 1000 Mobile to Mobile Minutes are added to the Contract. The Per Minute Rate for the Basic Push To Talk Florida Plan is $0.052. Section 6.03 (Worksheet 2) to the Agreement is stricken in its entirety and replaced with the new Section 6.03 (Worksheet 2) attached hereto. 7. The $45 Bolt On is modified as follows: The price for Unlimited Florida Only calling and Unlimited Push to Talk Calling will be $45.00 per month. The monthly charge of $75.00 Bolt on is reduced to $65.00 and is now unlimited voice calling Nationwide with Unlimited Push to talk. Section 6.05 (Optional Features) to the Agreement is stricken in its entirety and replaced with the new Section 6.05 (Optional Features) attached hereto. 8. Section 5.3 (b) (Price Changes) is hereby deleted and replace in its entirety by the language below. However, Sections 5.3 (b)(i), (ii), (iii) will remain unchanged. Wireless Voice Services Contract # 725-330-05-1 Amendment 9 Page 2 State of Florida, Department of Management Services and Verizon Wireless b) Contractor may request an adjustment once per Timeline year. Any requested adjustment must not exceed the percentage change in the PPI. Adjustments shall be effective only upon approval of the Department, whose approval shall not be unreasonably withheld, and shall not be applied retroactively. The Department may require, in writing price decreases to reflect any decrease shown in PP1517212. An amendment shall be prepared by the Department within forty-five (45) days after the Contractor provides notice of a price change. Rate adjustment schedule as follows: 9. Section 7 is hereby added to the Contract, adding Government Employee Offers. See Worksheet 3 7.1 1% Employee Liable Rebate Provided Customer maintains a minimum line Attainment Tier of one thousand (1,000) Employee Subscriber voice and/or NationalAccess lines and otherwise meets the terms and conditions of this Contract, Verizon Wireless will issue Customer a 1% annual revenue rebate. The rebate would begin with new Employee Liable End User (ELEU) customers whose activation date is on or after the renewal date of this agreement. The rebate would be based on Customer's properly enrolled and coded Corporate Subscriber post-discount monthly access and usage fees with the exception of NationalAccess megabyte or kilobyte usage fees. The 1% annual revenue rebate will be calculated as of each anniversary based upon the effective date of the Contract and will then be paid to the Department annually in the form of one (1) rebate check. If the Department either selects to or is moved to an Attainment Tier below the one thousand (1,000) line Attainment Tier due to lack of attainment at any point during the Contract, the Department will no longer qualify for the 1% annual revenue rebate during that year of the Contract. No partial rebates will be issued. The Rebate Check will be sent to: Betsy Wonsch, Division of Telecommunications, Florida Department of Management Services, 4030 Esplanade Way, Suite 235H, Tallahassee, FL 32399-0950. 7.2 Employee Liable Discounts Employee Subscriber: Means an employee of Customer utilizing Wireless Service whose account is registered under this Contract, but the employee is the accountholder and bears all financial responsibility and liability for the account. Verizon Wireless’ relationship with Employee Subscribers is governed by the Verizon Wireless retail Customer Agreement. Employee Discount: Attainment Tier and Monthly Access Fee Discount on Eligible Calling Plans and Data Features Subscriber Line Tiers 1000+ Discount 18% 10. The following plan is hereby added to the Contract in section 6.02 Wireless Service Plans. (Worksheet 4) $30.00 for 600 Anytime Minutes and 600 Mobile to Mobile Minutes with Unlimited Push to talk. 11. The terms and conditions of the Contract, including attachments thereto not addressed by this Amendment, and except as amended previously or amended herein, shall remain in full force and effect. 12. This Amendment shall be effective on the indicated date contained herein and when executed by both parties. Wireless Voice Services Contract # 725-330-05-1 Amendment 9 Page 4 State of Florida, Department of Management Services and Verizon Wireless 6.02 Worksheet 1 – Wireless Voice Services Plans Basic Wireless Voice Services Florida Plan These Calling Plans are not eligible for any monthly access fee discounts Line Attainment Tier None Standard Monthly Access Fee $0.00 Home Airtime Minutes None Per Minute Rate † $0.052 Verizon Wireless Long Distance Rate†† Included Roaming Airtime Rate††† $0.39 per minute The Local DigitalChoice home airtime rate and coverage area includes the Verizon Wireless network and select preferred roaming carriers. See Calling Plan Map for details. † We bill your calls in one-cent increments. Less than one-cent charges are rounded up to the next full cent. For example, at $0.057 per minute a 3-minute call calculated at $0.171 is rounded to the next full cent and billed at $0.18. At $0.057 per minute, a 23-minute call calculated at $1.311 is rounded to the next full cent and billed at $1.32. ††Domestic long distance is included when placing calls in the home airtime rate and coverage area. Long distance charges will apply when making or receiving calls outside the home calling area and the United States. Toll and long distance charges may apply when making or receiving calls in Puerto Rico. †††Roaming and toll charges may apply when making and receiving calls from off the home airtime rate and coverage area and in CDMA countries, see International Roaming terms and conditions. Basic Wireless Voice Service Nationwide Plan This National SingleRate Calling Plan is not eligible for any monthly access fee discounts Standard Monthly Access Fee $0.00 Home Airtime Minutes None Per Minute Rate† $0.090 Roaming Airtime Rate†† Included throughout the 50 States ($0.69 per minute in Canada) Verizon Wireless Long Distance Rate††† Included Note: National SingleRate home airtime rate and coverage area includes the 50 states. † We bill your calls in one-cent increments. Less than one-cent charges are rounded up to the next full cent. For example, at $0.057 per minute a 3-minute call calculated at $0.171 is rounded to the next full cent and billed at $0.18. At $0.057 per minute, a 23-minute call calculated at $1.311 is rounded to the next full cent and billed at $1.32. ††Roaming, toll, and long distance charges may apply when making and receiving calls from CDMA countries outside of the 50 States see International Roaming terms and conditions. †††Domestic long distance is included when placing calls in the America‟s Choice home airtime rate and coverage area. Long distance charges will apply when making or receiving calls outside the United States. Push to talk capability is not available with National SingleRate calling plans. IN Calling and Nights and Weekends options are not available with this plan. Wireless Voice Services Contract # 725-330-05-1 Amendment 9 Page 5 State of Florida, Department of Management Services and Verizon Wireless 6.03 Worksheet 2 – Basic Push To Talk Florida Plan Basic Push To Talk Florida Plan Line Attainment Tier None Monthly Fee with Push to Talk* $10.00 Home Airtime Minutes None Per Minute Rate† $0.052 Verizon Wireless Long Distance Rate†† Included Roaming Airtime Rate††† $0.39 per minute Mobile to Mobile 1000 Minutes The Local DigitalChoice home airtime rate and coverage area includes the Verizon Wireless network and select preferred roaming carriers. See Calling Plan Map for details. * Monthly access fee includes unlimited one to one and group Push to Talk calling. † We bill your calls in one-cent increments. Less than one-cent charges are rounded up to the next full cent. For example, at $0.057 per minute a 3-minute call calculated at $0.171 is rounded to the next full cent and billed at $0.18. At $0.057 per minute, a 23-minute call calculated at $1.311 is rounded to the next full cent and billed at $1.32. †† Domestic long distance is included when placing calls in the home airtime rate and coverage area. Long distance charges will apply when making or receiving calls outside the home calling area and the United States. Toll and long distance charges may apply when making or receiving calls in Puerto Rico. †††Roaming and toll charges may apply when making and receiving calls from off the home airtime rate and coverage area and in CDMA countries, see International Roaming terms and conditions. Push to Talk capable Equipment required. Push to Talk calls may only be made with other Verizon Wireless Push to Talk Subscribers. Push to Talk is only available within the National Enhanced Services rate and coverage area. There may be a delay from when initiating a Push to Talk call. Push to Talk calls end after 20 seconds of inactivity. Unanswered „barge‟ calls to available individuals incur charges even if the individual does not respond. All calls to groups are „barge‟ calls. While on a Push to Talk call, voice calls received will go directly to voicemail. While on a voice call Push to Talk calls cannot be received. Other Verizon Wireless Push to Talk Subscribers cannot be prevented from entering your MTN into their Push to Talk contact lists. Mobile Telephone Numbers (MTNs) can only be blocked from Caller ID through a global setting available through www.vzwpushtotalk.com.. Only one person can speak at a time during Push to Talk calls. Presence feature is not available on these calling plans. Please note: Push to Talk phones may not be used on non-Push to Talk Calling Plans. Subscriber use of group calling prior to commercial launch of new phone models is not available. Accordingly, if you switch to a non-Push to Talk Calling Plan, you will not be permitted to use you Push to Talk Phone. If you obtain a non-Push to Talk phone from Verizon Wireless at a discount when switching calling plans, you may be required to extend the term of your Customer Agreement. (Additional Calling Plan and Feature Information) Subscriber‟s first partial and full month‟s access charges and any service activation fees are payable in advance and will not be refunded after activation of the Wireless Service. Charges, for calls that connect, begin when the "SEND" or “CONNECT” button is pressed, or upon connection to the network. On incoming calls, charges may begin prior to the phone ringing or before “SEND” is pressed to receive the call. Charges end when a call or disconnects from the network, which may be a few seconds after “END” or “DISCONNECT” button is pressed. Calls to certain fax/data modems incur charges, though it may sound as if call was unanswered. Calls to "911" and certain other emergency services are toll and airtime free however, airtime may be charged when dialing toll-free numbers. All features may not be available in all Verizon Wireless markets. Roaming in CDMA countries outside of the US: Roaming in these territories will only be available in “CDMA“ mode where service is available. An update to the Global Phone software is required to roam in S. Korea. Roaming in GSM countries: Rates, terms and conditions apply only when roaming on participating GSM networks in published Global Phone countries. Service may be available in additional countries, but airtime rates, availability of calling features, and ability to receive incoming calls (including return calls from emergency services personnel) may be restricted. See verizonwireless.com for Zone 1 and Zone 2 countries, coverage and airtime rates. Service in certain countries may be blocked without prior notice. Where text messaging is available, Customer will be charged $0.50 for each message sent and $0.05 for each message received. TXT messages cannot exceed 140 characters and may be sent only to MTNs of: (i) Verizon Wireless customers, and (ii) customers of foreign wireless carriers that participate in international text messaging. Check www.vtext.com for the most current list of participating foreign carriers. TXT messages cannot be sent to email addresses. Home Airtime and Roaming: Airtime is rounded up to next full minute, allowance minutes are not transferable, and unused airtime minutes each month are lost. Automatic roaming may not be available in all areas and rates may vary. Roaming charges may be delayed to a later bill. International Long Distance: International Long Distance is available but may be subject to a 90-day payment history with Verizon Wireless. International long distance rates will vary and do not apply for calls to Canada, Puerto Rico, the U.S. Virgin Islands and some U.S. Protectorates, or to credit card or operator assistance calls. Wireless Voice Services Contract # 725-330-05-1 Amendment 9 Page 6 State of Florida, Department of Management Services and Verizon Wireless Included Feature Billing Details Call Waiting1 Three Way Calling1 Call Forwarding No Answer/ Busy Transfer Caller ID2 Basic Voice Mail 3 411 Connect SM 4 Basic TXT Messaging5 1Airtime charges apply to all calls simultaneously. 2When making a call, Subscriber‟s MTN may be displayed to the receiving party with Caller ID capable Equipment. Caller ID service may not be available outside home airtime rate and coverage areas, and may not be compatible with certain enhanced features. Caller ID can be blocked for most calls by dialing *67 before each call, or by ordering per-line call blocking where available. Calls to some numbers such as toll-free numbers cannot be blocked. 3Airtime charges apply to message retrieval. 4Directory assistance with automatic call completion is $1.25 per call plus airtime charges. 5$0.02 per inbound and $0.10 per outbound message charge applies. TXT Messaging terms and conditions below apply. Wireless Voice Services Contract # 725-330-05-1 Amendment 9 Page 7 State of Florida, Department of Management Services and Verizon Wireless 6.04 Custom Calling Plan Custom Calling Plan Corporate Subscribers only. Monthly Access Fee $30.00 Anytime Minutes 600 Per Minute Rate After Allowance Basic Wireless Voice Services Florida Plan: based on current per minute rate Basic Wireless Voice Service Nationwide Plan: based on current per minute rate Or $0.39 roaming outside of Florida without Nationwide Plan Push to Talk Unlimited Mobile to Mobile 600 Notes: Current coverage details can be found at www.verizonwireless.com. See attached Calling Plan and Feature Details for important information about calling plans, features and options. Push to Talk terms and conditions apply. *Subscribers to the Push to Talk Unlimited Calling Plan cannot place or receive regular cellular wireless calls other than to 611 and 911. (These calls may be placed anywhere in the Coverage Rate and Coverage Area). If the voice block feature is removed, subscribers will be charged $0.25 per minute for non-Push to Talk voice calls.Push to Talk calls may only be made with other Verizon Wireless Push to Talk subscribers, and only from the National Enhanced Services Rate and Coverage Areas. For optimal Push to Talk performance, all callers on a Push to Talk session must have an EV-DO Rev. A capable device and be receiving EV-DO service. A Push to Talk call is terminated by pressing END or will automatically time out after ten (10) seconds of inactivity. You cannot prevent others who have your wireless phone number from entering you into their Push to Talk contact list. Only one person can speak at a time during Push to Talk calls. When using your phone keypad to make a Push to Talk call, you must enter the ten-digit phone number of the called party. Presence information may not be available for all Push to Talk contacts. The timeliness of presence information may be impacted by the network registration status of a Push to Talk contact. Your Push to Talk service cannot be used for any applications that tether your phone to computers or other devices for any purpose. Push to Talk-capable phone and feature required. Push to Talk subscribers cannot use Push to Talk or other data products and services (i.e. Picture Messaging, Mobile Web, Get It Now, BroadbandAccess Connect, etc) while roaming on other carriers' networks at this time. Mobile Web 2.0 pages may include Verizon Wireless and third party advertising. Unless the line subscribes to a V CAST Wireless Voice Services Contract # 725-330-05-1 Amendment 9 Page 8 State of Florida, Department of Management Services and Verizon Wireless 6.05 Optional Features Optional Features The following features may be added to calling plans as identified below. Unless indicated, fees are per month and no further discounts apply. Unlimited Florida only Calling and Unlimited PTT $45.00 Domestic Roaming $.39 per minute outside of FL or Basic Wireless Voice Service Nationwide Plan: based on current per minute rate Unlimited Voice Calling Nationwide with Unlimited PTT $65.00 1000 IN Calling Minutes1,4, $10.00 1000 Nights and Weekends2, $10.00 TXT Messaging & Enhanced TXT Messaging3 $2.99 (100 TXT msgs. included) $4.99 (250 TXT msgs. included) $9.99 (1000 TXT msgs. included) $19.99 (2,500 TXT msgs. included) $0.02 per additional inbound message / $0.10 per additional outbound message per address V Cast VPak $15.00 Get Pix – Multi-Media Messaging (MMS) 7 $0.25 per additional message per address $2.99 (20 picture messages included) $4.99 (40 picture messages included) 1Only available on specified plans, IN Calling terms and conditions apply. Calling plans with IN Calling minutes included, do not qualify for additional IN Calling minutes in this table. 2Nights and Weekends terms and conditions apply. Calling plans with Nights and Weekend minutes included, do not qualify for additional Nights and Weekend minutes in this table. 3 TXT Messaging terms and conditions apply. 4Not available on National SingleRate calling plans. 5Only one Home Airtime Allowance optional feature may be added to any Subscriber line. Allowance minutes are not transferable and each month unused minutes are lost. 6 Overage charges would be at the per minute rate as described in the applicable calling plan selected. 7Multi- Media Messaging (MMS) includes Picture (Get Pix) and Video (Get Flix) messaging and is only available within the National Enhanced Services Rate and Coverage Area. In addition to MMS charges, MMS uses calling plan home airtime minutes or kilobytes. Canceling an MMS after pressing SEND may result in sent messages that contain only partial content. Subscriber will be charged for outgoing MMS, even if not received by the intended recipient, or even if only partial content is delivered. Subscriber will not be charged for incoming MMS unless received. MMS that cannot be delivered within 5 days will be deleted. MMS is not available for use with a Mobile Office Kit. Camera phones are prohibited in some places. Subscribers are solely responsible for complying with all applicable laws, rules, regulations and policies regarding camera phone use. V Cast VPak: Subscription to V Cast VPak requires V Cast capable Equipment. Subscriber may download or stream video clips in the BroadbandAccess service area and download 3D games in the NationalAccess and BroadbandAccess service areas. Not all video clips are available for download. The V Cast VPak includes unlimited basic video clips, ESPN MVP, and unlimited MBs for V Cast Video, V Cast Music, Mobile Web 2.0 and Get It Now. Application fees apply for all other Get It Now applications, 3-D games, and music. Premium music clips and video clips are available for an extra charge. V Cast Alerts are sent as Text Messages and are subject to Text Messaging pricing and terms and conditions. V Cast cannot be used for (i) access to the Internet, intranet or other data networks, or for (ii) any applications that tether Equipment to laptops, personal computers, or other devices for any purpose. Get It Now® and Mobile Web 2.0 terms and conditions apply and can be found at www.verizonwireless.com. Wireless Voice Services Contract # 725-330-05-1 Amendment 9 Page 9 State of Florida, Department of Management Services and Verizon Wireless Verizon Wireless Field Force Manager Optional Feature Access Fee - Basic $23.99 (Billed as $29.99 per user minus a 20% discount) Optional Feature Access Fee – Advanced $39.99 (Billed as $49.99 per user minus a 20% discount) NOTE: Field Force Manager is only available within the National Enhanced Services Rate and Coverage Area. May be subject to a twenty-four hour activation delay. The billing period begins 2 days after ordering this service. Field Force Manager Requires specified Get It Now capable GPS enabled Equipment, downloadable Get It Now application, valid e-mail address and internet access for activation and use. Field Force Manager is currently available on the Motorola v325 and G'zOne Type-V only. **Optional Features are eligible for a 20% discount for Customers with 1000 or more Subscriber lines. The minimum line attainment is based on 1000 or more Subscriber lines under Contract #725-330-05-1. Field Force Manager: By purchasing the Field Force Manager feature Customer consents to the tracking of Field Force Manager Equipment and must obtain authorized consent to tracking from all users and affected persons. No guarantee of accuracy of information transmitted, disclosed, displayed or otherwise conveyed or used. Service could be interrupted or disrupted due to atmospheric conditions, inaccurate ephemeris data and other factors associated with use of satellites and satellite data. Airtime for Field Force Manager service is included in the Monthly Fee and its use is subject to the Unlimited VZAccess terms and conditions. Unlimited VZAccess: NationalAccess and BroadbandAccess data sessions may be used for the following purposes: (i) Internet browsing, (ii) e-mail, and (iii) intranet access (including access to corporate intranets, e-mail and individual productivity applications like customer relationship management, sales force and field service automation). Unlimited VZAccess services cannot be used (i) for uploading, downloading or streaming of movies, music or games, (ii) with server devices or with host computer applications, other than applications required for BlackBerry or Wireless Sync service, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, Voice over IP (VoIP), automated machine-to-machine connections, or peer- to-peer (P2P) file sharing, or (iii) as a substitute or backup for private lines or dedicated data connections. Additionally, Unlimited VZEmail services cannot be used for, (i) access to the Internet, intranets or other data networks, except as the Equipment‟s native applications and capabilities permit, or (ii) for any applications that tether Equipment to laptops or personal computers other than for use of the Wireless Sync or BlackBerry Solutions. Unlimited BroadbandAccess and NationalAccess data sessions automatically terminate after 2 hours of inactivity, unless Subscriber has Mobile IP (MIP) capable Equipment. Verizon Wireless VZ NavigatorSM Monthly Subscription $9.99 per user* Per Day Charge (good for 24 hours) $2.99 per user* *Both options available through your Verizon Wireless handset. Airtime required for use. Important Information: You agree, represent and warrant that your use of VZ Navigator will be solely for your lawful use as necessary under the terms of your employment and for no other purpose, but in accordance with the rules, regulations and policies of the government agency that employs you. By subscribing to and/or using this application, you are consenting and permitting Verizon Wireless to gather, collect and use information regarding the location of this wireless device in order to deliver the location based services provided through the use of the application you have previously downloaded. Verizon Wireless does not guarantee the accuracy or completeness of any information, including location information displayed through this application. While you‟re in navigation mode, VZ Navigator will provide audible turn-by-turn directions. When you‟re in map mode or on a call you will not hear these directions. So be sure to get back to navigation mode on a regular basis so you don‟t miss a turn. Always use caution when displaying and disseminating personally identifiable information about yourself or your location to third parties. Do not attempt to enter or change information while driving. Please observe the Verizon Wireless “Drive Responsibly” policy, which can be found at www.verizonwireless.com. Update your privacy settings at www.vzwlocationmanagement.com/llspp or through the Location Manager application. VZ Navigator is only available in the National Enhanced Coverage Area. User may be required to agree to additional terms and conditions online when downloading the application, updating privacy settings or using the Location Manager application. Subscriber‟s first partial and full month‟s access charges for push to talk are payable in advance and will not be refunded after activation of the Wireless Service. Charges, for calls that connect, begin when the "SEND" or “CONNECT” button is pressed, or upon connection to the network. On incoming calls, charges may begin prior to the phone ringing or before “SEND” is pressed to receive the call. Charges end when a call disconnects from the network, which may be a few seconds after “END” or “DISCONNECT” button is pressed. Calls to certain fax/data modems incur charges, though it may sound as if call was unanswered. Calls to "911" and certain other emergency services are toll and airtime free however, airtime may be charged when dialing toll-free numbers. All features may not be available in all Verizon Wireless markets. Roaming in CDMA countries outside of the US: Roaming in these territories will only be available in “CDMA“ mode where service is available. An update to the Global Phone software is required to roam in S. Korea. Roaming in GSM countries: Rates, terms and conditions apply only when roaming on participating GSM networks in published Global Phone countries. Service may be available in additional countries, but airtime rates, availability of calling features, and ability to receive incoming calls (including return calls from emergency services personnel) may be restricted. See verizonwireless.com for Zone 1 and Zone 2 countries, coverage and airtime rates. Service in certain countries may be blocked without prior notice. Where text messaging is available, Customer will be charged $0.50 for each message sent and $0.05 for each message received. TXT messages cannot exceed 140 characters and may be sent only to MTNs of: (i) Verizon Wireless customers, and (ii) customers of foreign wireless carriers that participate in international text messaging. Check www.vtext.com for the most current list of participating foreign carriers. TXT messages cannot be sent to email addresses. Wireless Voice Services Contract # 725-330-05-1 Amendment 9 Page 10 State of Florida, Department of Management Services and Verizon Wireless Home Airtime and Roaming: Airtime is rounded up to next full minute. Automatic roaming may not be available in all areas and rates may vary. Roaming charges may be delayed to a later bill. International Long Distance: International Long Distance is available but may be subject to a 90-day payment history with Verizon Wireless. International long distance rates will vary and do not apply for calls to Canada, Puerto Rico, the U.S. Virgin Islands and some U.S. Protectorates, or to credit card or operator assistance calls. Included Features Call Waiting1 Three Way Calling1 Call Forwarding No Answer/ Busy Transfer Caller ID2 Basic Voice Mail 3 411 Connect SM 4 Basic TXT Messaging5 1Airtime charges apply to all calls simultaneously. 2When making a call, Subscriber‟s MTN may be displayed to the receiving party with Caller ID capable Equipment. Caller ID service may not be available outside home airtime rate and coverage areas, and may not be compatible with certain enhanced features. Caller ID can be blocked for most calls by dialing *67 before each call, or by ordering per-line call blocking where available. Calls to some numbers such as toll-free numbers cannot be blocked. 3Airtime charges apply to message retrieval. 4Directory assistance with automatic call completion is $1.25 per call plus airtime charges. 5$0.02 per inbound and $0.10 per outbound message charge applies. TXT Messaging terms and conditions below apply. Optional Services Additional fees may be required as shown Push to Talk: Push to Talk capable Equipment required. Push to Talk calls may only be made with other Verizon Wireless Push to Talk Subscribers. Push to Talk is only available within the National Enhanced Services rate and coverage area. There may be a delay from when initiating a Push to Talk call. Push to Talk calls end after 20 seconds of inactivity. Unanswered „barge‟ calls to available individuals incur charges even if the individual does not respond. All calls to groups are „barge‟ calls. While on a Push to Talk call, or when updated presence information is being sent to the Equipment, voice calls received will go directly to voicemail. While on a voice call Push to Talk calls cannot be received; however, presence information will indicate that Subscriber is „available‟. Other Verizon Wireless Push to Talk Subscribers cannot be prevented from entering your MTN into their Push to Talk contact lists. MTNs cannot be blocked from Caller ID when making a Push to Talk call. Only one person can speak at a time during Push to Talk calls. IN Calling: IN Calling minutes apply when making calls directly to or receiving calls directly from another Verizon Wireless Subscriber while in the America‟s Choice Home Rate and Coverage area. With Local Digital Choice Calling Plans IN calls must originate and terminate while both Verizon Wireless Subscribers are within the same local IN Calling area. Phone may not accurately display Caller ID and roaming indication. Not available with fixed wireless devices with usage substantially from a single cell site. IN Calling is not available to Subscribers whose current wireless exchanges restrict the delivery of Caller ID. IN Calling minutes will be applied before home airtime minutes.* Night and Weekends: Applies to calls made in a calling plan‟s home airtime area only during the following hours: 9:01 pm Friday through 5:59am Monday and 9:01pm-5:59am Monday through Friday. *NOTE: If both Night and Weekend and IN Calling minute allowances apply to a given call, the minutes will decrement from the IN Calling allowance before the Night and Weekend allowance. However, if either allowance is unlimited, that allowance will always apply first. *TXT Messaging: TXT Messaging includes Short Message Service (SMS up to 160 characters) and Enhanced TXT Messaging (EMS up to 1120 characters) Enhanced TXT Messages sent to most SMS handsets will be delivered as multiple TXT messages of up to 160 characters each. Subscribers have the option to have text messages disabled entirely without affecting voicemail or other related services. TXT Messaging plans do not include Operator Assisted Messaging. Verizon Wireless is not responsible for information sent using TXT Messaging or Enhanced TXT Messaging. Verizon Wireless cannot guarantee that messages will be received and is not responsible for messages that are lost or misdirected. Messages not delivered after 5 days are automatically deleted. Airtime charges do not apply to the sending or receiving of text messages. When sending messages from a phone, the sender‟s telephone number will always be sent to the destination, even if Caller ID is used to block voice calls. Customer’s Cell Phone Number and Caller ID. Verizon Wireless will assign one Mobile Telephone Number (“MTN”) to each Subscriber line. Other than as required to port a MTN, Customer does not have any property right in the MTN and Verizon Wireless may change, reassign, or eliminate an MTN upon reasonable notice to Customer under certain circumstances, including fraud prevention, area code changes and regulatory or statutory law enforcement requirements. Roaming in CDMA countries outside of the US: Roaming in these territories will only be available in “CDMA“ mode where service is available. An update to the Global Phone software is required to roam in S. Korea. Roaming in GSM countries: Rates, terms and conditions apply only when roaming on participating GSM networks in published Global Phone countries. Service may be available in additional countries, but airtime rates, availability of calling features, and ability to receive incoming calls (including return calls from emergency services personnel) may be restricted. See verizonwireless.com for Zone 1 and Zone 2 countries, coverage and airtime rates. Service in certain countries may be blocked without prior notice. Where text messaging is available, Customer will be charged Wireless Voice Services Contract # 725-330-05-1 Amendment 9 Page 11 State of Florida, Department of Management Services and Verizon Wireless $0.50 for each message sent and $0.05 for each message received. TXT messages cannot exceed 140 characters and may be sent only to MTNs of: (i) Verizon Wireless customers, and (ii) customers of foreign wireless carriers that participate in international text messaging. Check www.vtext.com for the most current list of participating foreign carriers. TXT messages cannot be sent to email addresses. Section 7.0 Worksheet 3 Attainment Tier and Monthly Access Fee Discount on Eligible Calling Plans and Data Features Subscriber Line Tiers 1000+ Discount 18% Suite 360 May 18, 2010 AMDENDMENT NO.: (725-330-05-1) 10 TO: User Agency FROM: Director, State Purchasing SUBJECT: State Term Contract No. 725-330-05-1 Title: Wireless Voice Services Effective immediately, Jon Yeaton will assume contract administration duties for this State Term Contract. Please direct any questions regarding this Contract to Jon Yeaton at (850) 414-1159 or Jon.Yeaton@dms.myflorida.com . EXHIBIT 7 DISCOUNTS EXHIBIT 7 DISCOUNTS All existing, future, and retired employees of the State of Florida and customers eligible to use SUNCOM services per chapter 282, Florida Statutes (“Eligible Employees”), may, during the term of this Agreement, purchase Products and Services for personal use and receive an Individual-Liable Service Pricing Discount for eligible charges referenced in the Individual-Liable Service Pricing Discount Table below (“Individual-Liable Service Pricing Discount”, ILSPD). The Individual-Liable Service Pricing Discount is subject to and conditioned upon: (1) the Eligible Employee signing Service Provider’s consumer subscriber agreement; (2) the Eligible Employee providing to Service Provider satisfactory evidence of employment with the State of Florida or the customer eligible to use SUNCOM services; and (3) the Eligible Employee complying with Service Provider’s current terms and restrictions regarding discounts as described in Service Provider’s consumer subscriber agreement. The Department and Service Provider will agree on methods for employment verification. Upon termination of this Agreement for any reason, Service Provider may cease applying the Individual-Liable Service Pricing Discount. Except for the Individual-Liable Service Pricing Discount and the conditions set forth, Individual-Liable Active Units (as defined as an Active Unit activated by an Eligible Employee and for which the Eligible Employee is financially responsible) are governed exclusively by the terms and conditions in the consumer subscriber agreement. The plans included in Exhibit 3 will not be available to Eligible Employees for personal use and shall only be used by Corporate-Liable Active Units on this Agreement. The Individual-Liable Service Pricing Discount shall not be subject to the 1.0% Transaction Fee paid to the Department or reporting requirements in Section 7.03. However, the utilization volume, quantity of plan subscriptions by type, and dollars spent by Eligible Employees receiving the ILSPD discounts shall be reported monthly to the Department in two categories; active employees and retired employees. Service Provider and the Department will develop and agree to a communications plan to present discounts and to sell to Eligible Employees within 60 days of the Effective Date. Communications may include new hire materials, benefits enrollment materials, e-mail, payroll stuffers, newsletters, or Internet and intranet links, chair drops, or other mutually agreed to methods. Individual-Liable Service Pricing Discount Table: Category % Discount Equipment 0 Services 19 Accessories 25 Activation Fees Waived March 6, 2020 DMS-10/11-008C v1.6 Page 1 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Verizon Wireless Price Sheet State of Florida DMS-10/11-008C STATE OF FLORIDA CUSTOM PER UNIT PLANS AND FEATURES Custom State of Florida Nationwide Voice Per Minute Calling Plan The calling plan below reflects the monthly access charge discount. No additional discounts apply. 200 Text/Picture/Video Message Option 600 Mobile to Mobile Minutes (82587) No Domestic Roaming or Long Distance Charges 600 Night and Weekend Minutes (72711) SOFL Plan Number Monthly Access Charge Per Line Domestic Anytime Voice Allowance Minutes Per Month Domestic Anytime Voice Minutes Per Month Voice Per Minute Rate 1.19a through 1.23a (86680) $0.00 0 2,784,000 - 4,075,999 $0.049 Text, Picture & Video Messaging Per the applicable Custom State of Florida SMS/MMS Per Message Feature rate Domestic Data Sent or Received $1.99 per MB or per Data Package Notes: Conventional and Smartphone Devices Only. See attached Plan and Feature Details for important information about calling plans, features and options. 3G/4G Smartphones and 3G/4G Multimedia Phones require a data package. 4G service requires 4G equipment and 4G coverage. Must request SMS and/or MMS option to receive 200 included Text/Picture/Video messages option. PTT Plus service requires; PTT Plus feature, PTT Plus enabled device, and PTT Plus coverage. Pricing is based on the current State of Florida, Department of Management Services’ quarterly commitment selection and is subject to change. Please refer to the Mobile Communication Services (MCS) Contract DMS-10/11-008C for further details. Custom State of Florida Nationwide Mobile Broadband Machine to Machine (M2M) Per Megabyte Calling Plan The calling plan below reflects the monthly access charge discount. No additional discounts apply. Data for Telemetry (M2M) devices only This plan may NOT be used for email SOFL Plan Number Machine to Machine (M2M) Monthly Access Charge Per Line Domestic Megabytes (MB) Allowance Per Month Domestic Megabytes (MB) Per Month Data Per Megabyte Rate 2.1a (86693) $0.00 0 1 - 999,999 $0.099 National Access Roaming per KB $0.002 (Canada) $0.005 (Mexico) Notes: See attached Plan and Feature Details for important information about calling plans, features and options. Subscribers must supply their own authenticated Equipment (CPE) to be activated on these plans Pricing is based on the current State of Florida, Department of Management Services’ quarterly commitment selection and is subject to change. Please refer to the Mobile Communication Services (MCS) Contract DMS- 10/11-008C for further details. March 6, 2020 DMS-10/11-008C v1.6 Page 2 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Custom State of Florida Nationwide Push to Talk Plus (PTT) Per Line Calling Plan or Feature The calling plan below reflects the monthly access charge discount. No additional discounts apply. Conventional (Basic) Device Plan Smartphone Device Feature SOFL Plan Number Monthly Access Charge Per Line Tier Domestic Anytime PTT Plus Lines Per Month Domestic Anytime Voice Allowance Minutes Per Month Conventional (Basic) Device Plan Smartphone Device Feature 2B.1 through 2B.18 (PTT+ 94976) $10.00 1 - 8,999 0 Per selected voice calling plan requirements Mobile to Mobile Calling Unlimited Data Sent/Received Per the data package selected or Per the voice calling plan. PTT Plus service requires PTT Plus enabled device and coverage. Pricing is based on the current State of Florida, Department of Management Services’ quarterly commitment selection and is subject to change. Please refer to the Mobile Communication Services (MCS) Contract DMS- 10/11-008C for further details. Custom State of Florida Nationwide Push to Talk Plus (PTT) Per Line Calling Plan or Feature (INTEROPERABILITY) The calling plan below reflects the monthly access charge discount. No additional discounts apply. Conventional (Basic) Device Plan Smartphone Device Feature SOFL Plan Number Monthly Access Charge Per Line Domestic Anytime PTT Plus Lines Per Month Domestic Anytime Voice Allowance Minutes Per Month 2B.1 through 2B.18 (PTT+ 94976) $10.00 1 - 8,999 As a plan: 0 As a feature: Per the voice calling plan Mobile to Mobile Calling Unlimited Data Sent/Received Per the data package selected or Per the voice calling plan. PTT Plus service requires PTT Plus enabled device and coverage. PTT Plus Interoperability requires an Interoperability Gateway, PTT Plus enabled device, and coverage. Pricing is based on the current State of Florida, Department of Management Services’ quarterly commitment selection and is subject to change. Please refer to the Mobile Communication Services (MCS) Contract DMS-10/11-008C for further details. Custom State of Florida SMS Per Message Feature The calling features below reflect the monthly access charge discount. No additional discounts apply. SMS (Text Messaging) SOFL Plan Number Monthly Access Charge Domestic Message Allowance Domestic Messages Per Month Per SMS Message Rate (Sent/Received) 3.1 through 3.13 (77847) $0.00 0 1 - 450,999 $0.02 SMS (Text) Messaging: Text Messaging includes Short Message Service (SMS up to 160 characters) and Enhanced Messaging Service (EMS up to 1120 characters). Enhanced Text Messages sent to most SMS handsets will be delivered as multiple Text messages of up to 160 characters each. Subscribers have the option to have text messages disabled entirely without affecting voicemail or other related services. Text Messaging plans do not include Operator Assisted Messaging or International Messaging, which is available for 25¢ per message sent and 20¢ per message received; see http://vtext.com for details and countries. Pricing is based on the current State of Florida, Department of Management Services’ quarterly commitment selection and is subject to change. Please refer to the Mobile Communication Services (MCS) Contract DMS-10/11-008C for further details. March 6, 2020 DMS-10/11-008C v1.6 Page 3 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Custom State of Florida MMS Per Message Feature The calling features below reflect the monthly access charge discount. No additional discounts apply. MMS (Picture and Video Messaging) SOFL Plan Number Monthly Access Charge Domestic Message Allowance Domestic Messages Per Month Per MMS Message Rate (Sent/Received) 3.1 through 3.25 (77848) $0.00 0 1 - 1,608,999 $0.05 Multi-Media Messaging (MMS): Multi-Media Messaging (MMS) includes picture and video messaging and is only available within the National Enhanced Services Rate and Coverage Area. In addition, MMS messages are $0.25 per message, per address. In addition to the MMS per message charges, MMS uses calling plan Anytime Minutes or kilobytes. Subscribers have the option to have text messages disabled entirely without affecting voicemail or other related services. Text Messaging plans do not include Operator Assisted Messaging or International Messaging, which is available for 25¢ per message sent and 20¢ per message received; see http://vtext.com for details and countries. Pricing is based on the current State of Florida, Department of Management Services’ quarterly commitment selection and is subject to change. Please refer to the Mobile Communication Services (MCS) Contract DMS-10/11-008C for further details. Custom State of Florida SMS Broadcast Per Message Feature The calling features below reflect the monthly access charge discount. No additional discounts apply. SMS Broadcast (Text) Messaging SOFL Plan Number Monthly Access Charge Domestic Message Allowance Domestic Messages Per Month Per SMS Message Rate (Sent/Received) 3B.1 through 3B.25 (77847) $0.00 0 1 – 130,999 $0.02 SMS (Text) Messaging: Text Messaging includes Short Message Service (SMS up to 160 characters) and Enhanced Messaging Service (EMS up to 1120 characters). Enhanced Text Messages sent to most SMS handsets will be delivered as multiple Text messages of up to 160 characters each. Subscribers have the option to have text messages disabled entirely without affecting voicemail or other related services. Pricing is based on the current State of Florida, Department of Management Services’ quarterly commitment selection and is subject to change. Please refer to the Mobile Communication Services (MCS) Contract DMS-10/11-008C for further details. March 6, 2020 DMS-10/11-008C v1.6 Page 4 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. WIRELESS VOICE Custom State of Florida Voice Calling Plans The calling plans below reflect the monthly access charge discount. No additional discounts apply. Unlimited Night & Weekend Minutes SOFL Plan Number Domestic Anytime Minutes Conventional and Smartphone Devices Monthly Access Charge Overage Rate Domestic Voice Roaming (Outside Florida) 6.1a (86192) 250 $20.60 $0.041 $0.103 6.4a (86193) 600 $30.90 $0.041 $0.103 Data Sent or Received $1.99 per MB or per Data Package Optional Feature Domestic Push-to-Talk Plus $0.00 Notes: See attached Plan and Feature Details for important information about calling plans, features and options. 3G/4G Smartphones and 3G/4G Multimedia Phones require a data package. 4G service requires 4G equipment and 4G coverage. PTT Plus service requires PTT Plus enabled device and coverage. Custom State of Florida Unlimited Voice Calling Plan The calling plan below reflects the monthly access charge discount. No additional discounts apply. No Domestic Long Distance Charges SOFL Plan Number Domestic Anytime Allowance Minutes* Conventional and Smartphone Devices Monthly Access Charge Overage Rate Domestic Voice Roaming (Outside Florida) 6.6a(86194) Unlimited $41.20 N/A $0.103 (includes PTT+) Data Sent or Received $1.99 per MB or per Data Package Optional Feature Domestic Push-to-Talk Plus $0.00 Notes: See attached Plan and Feature Details for important information about calling plans, features and options. *Overage Rate applies after allowance. 3G/4G Smartphones and 3G/4G Multimedia Phones require a data package. 4G service requires 4G equipment and 4G coverage. PTT Plus service requires PTT Plus enabled device and coverage. Custom State of Florida Nationwide Voice Calling Plans The calling plans below reflect the monthly access charge discount. No additional discounts apply. Unlimited National Mobile to Mobile Calling Minutes No Domestic Roaming or Long Distance Charges Unlimited Night & Weekend Minutes SOFL Plan Number Domestic Anytime Allowance Minutes* Conventional and Smartphone Devices Monthly Access Charge Overage Rate Voice Roaming (Canada and Mexico) 6.1a(86195) 250 $25.75 $0.052 $0.69 6.4a (86196) 600 $36.05 $0.052 $0.69 Data Sent or Received $1.99 per MB or per Data Package Optional Feature Domestic Push-to-Talk Plus $0.00 Notes: See attached Plan and Feature Details for important information about calling plans, features and options. *Overage Rate applies after allowance. 3G/4G Smartphones and 3G/4G Multimedia Phones require a data package. 4G service requires 4G equipment and 4G coverage. PTT Plus service requires PTT Plus enabled device and coverage. March 6, 2020 DMS-10/11-008C v1.6 Page 5 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Custom State of Florida Unlimited Nationwide Voice Calling Plan The calling plans below reflect the monthly access charge discount. No additional discounts apply. SOFL Plan Number Domestic Anytime Allowance Minutes* Conventional and Smartphone Devices Monthly Access Charge Overage Rate Voice Roaming (Canada and Mexico) 6.6a (86197) Unlimited $51.50 N/A $0.69 (includes PTT+) Data Sent or Received $1.99 per MB or per Data Package Optional Feature Domestic Push-to-Talk Plus $0.00 Notes: See attached Plan and Feature Details for important information about calling plans, features and options. *Overage Rate applies after allowance. 3G/4G Smartphones and 3G/4G Multimedia Phones require a data package. 4G service requires 4G equipment and 4G coverage. PTT Plus service requires PTT Plus enabled device and coverage. Custom State of Florida All Inclusive Unlimited Nationwide Voice & Messaging Plan The calling plans below reflect the monthly access charge discount. No additional discounts apply. Conventional and Smartphone/BlackBerry Devices SOFL Plan Number Monthly Access Charge Per Line Nationwide Voice Allowance Domestic Tethering Allowance Overate Rate Unlimited Text, Picture, Video Messaging and Data 6.1d(86768-3G) $51.00 Unlimited 5GB $10.30/GB Included Notes: See attached Plan and Feature Details for important information about calling plans, features and options. Overage Rate applies after allowance. 4G service requires 4G equipment and 4G coverage. Custom State of Florida All Inclusive Unlimited Nationwide Voice & Messaging Plan (Hotspot) The calling plans below reflect the monthly access charge discount. No additional discounts apply. Conventional and Smartphone/BlackBerry Devices SOFL Plan Number Monthly Access Charge Per Line Nationwide Voice Allowance 4G Domestic Hotspot/Tethering Overate Rate Unlimited Text, Picture, Video Messaging and Data 6.1d (86769-4G) $51.00 Unlimited 5GB $10.30/GB Included Notes: See attached Plan and Feature Details for important information about calling plans, features and options. Overage Rate applies after allowance. 4G service requires 4G equipment and 4G coverage. March 6, 2020 DMS-10/11-008C v1.6 Page 6 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. WIRELESS DATA Custom State of Florida Aircard Data Plans The calling plans below reflect the monthly access charge discount. No additional discounts apply. Data for modem devices only SOFL Plan Number Monthly Access Charge Per Line Domestic Data Allowance Overage Rate Unlimited Text Messaging 6.1b(86226) $20.60 500MB $0.00849per MB Included 6.2b(86227) $25.75 1,000MB 6.3b(86228) $30.90 2,000MB 6.4b(86229) $36.05 Unlimited N/A Notes: See attached Plan and Feature Details for important information about calling plans, features and options. Overage Rate applies after allowance. Custom State of Florida Smartphone Data Feature Packages The calling plans below reflect the monthly access charge discount. No additional discounts apply. Data for Smartphone devices only SOFL Plan Number Monthly Access Charge Per Line Domestic Data Allowance Overage Rate Unlimited Text and MMS messaging 6.6b(77294 and 79789) $15.45 500MB $0.00849 per MB Included* 6.7b(77295 and 79790) $20.60 1,000MB Exhibit 6B(79740 and 79791) $23.69 2,000MB Notes: See attached Plan and Feature Details for important information about calling plans, features and options. Overage Rate applies after allowance. 4G service requires 4G equipment and 4G coverage. *Not included with the State of Florida Nationwide Custom Pooled Voice Services Plans. Custom State of Florida Smartphone Unlimited Data Feature Package The calling plan below reflects the monthly access charge discount. No additional discounts apply. Data for Smartphone devices only SOFL Plan Number Monthly Access Charge Per Line Domestic Data Allowance Overage Rate Unlimited Text and MMS messaging and tethering 6.8b(79407-4G and 79409-3G), (79781-4G and 79780-3G $32.96 Unlimited* N/A Included** Notes: See attached Plan and Feature Details for important information about calling plans, features and options. Overage Rate applies after allowance. 4G service requires 4G equipment and 4G coverage. *Verizon Wireless will limit the data throughput speeds should 25 GB of data usage be reached in any given billing cycle on any line. Data throughput speeds for additional usage will be limited for the remainder of the then- current bill cycle for the line(s) that exceed the 25 GB high-speed data usage threshold. We reserve the right to adjust data throughput limitation thresholds to as low as 5GB with prior written notice **Not available when bundled with the State of Florida Nationwide Custom Pooled Voice Services Plans. March 6, 2020 DMS-10/11-008C v1.6 Page 7 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Custom State of Florida BlackBerry Data Feature Packages The calling plans below reflect the monthly access charge discount. No additional discounts apply. Data for BlackBerry devices only SOFL Plan Number Monthly Access Charge Per Line Domestic Data Allowance Overage Rate Unlimited Text and MMS Messaging 6.10b(77294 and 79789) $15.45 500MB $0.00849per MB Included* 6.11b(77295 and 79790) $20.60 1,000MB Exhibit 6B(79740 and 79791) $23.69 2,000MB Notes: See attached Plan and Feature Details for important information about calling plans, features and options. Overage Rate applies after allowance. 4G service requires 4G equipment and 4G coverage. *Not included with the State of Florida Nationwide Custom Pooled Voice Services Plans Custom State of Florida BlackBerry Unlimited Data Feature Package The calling plan below reflects the monthly access charge discount. No additional discounts apply. Data for BlackBerry devices only SOFL Plan Number Monthly Access Charge Per Line Domestic Data Allowance Overage Rate Unlimited Text and MMS messaging and tethering 6.12b(79407-4G and 79409-3G), (79781-4G and 79780-3G $32.96 Unlimited* N/A Included** Notes: See attached Plan and Feature Details for important information about calling plans, features and options. 4G service requires 4G equipment and 4G coverage. *Verizon Wireless will limit the data throughput speeds should 25 GB of data usage be reached in any given billing cycle on any line. Data throughput speeds for additional usage will be limited for the remainder of the then-current bill cycle for the line(s) that exceed the 25 GB high-speed data usage threshold. We reserve the right to adjust data throughput limitation thresholds to as low as 5GB with prior written notice **Not available when bundled with the State of Florida Nationwide Custom Pooled Voice Services Plans Custom State of Florida Tablet/iPad Data Plans The calling plans below reflect the monthly access charge discount. No additional discounts apply. Data for Tablet/iPad devices only SOFL Plan Number Monthly Access Charge Per Line Domestic Data Allowance Overage Rate 6.13b(86226) $20.60 500MB $0.00849 per MB 6.14b(86227) $25.75 1,000MB 6.15b(86228) $30.90 2,000MB Notes: See attached Plan and Feature Details for important information about calling plans, features and options. Overage Rate applies after allowance. 4G service requires 4G equipment and 4G coverage. Custom State of Florida Tablet/iPad Unlimited Data Plans The calling plan below reflects the monthly access charge discount. No additional discounts apply. Data for Tablet/iPad devices only SOFL Plan Number Monthly Access Charge Per Line Domestic Data Allowance Overage Rate March 6, 2020 DMS-10/11-008C v1.6 Page 8 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. 6.16b(86229) $36.05 Unlimited* N/A Notes: See attached Plan and Feature Details for important information about calling plans, features and options. 4G service requires 4G equipment and 4G coverage. *Verizon Wireless will limit the data throughput speeds should 25 GB of data usage be reached in any given billing cycle on any line. Data throughput speeds for additional usage will be limited for the remainder of the then-current bill cycle for the line(s) that exceed the 25 GB high-speed data usage threshold. We reserve the right to adjust data throughput limitation thresholds to as low as 5GB with prior written notice Public Sector Mobile Broadband Share Plans: Government Subscribers Only The calling plans below reflect the monthly access charge discount. No additional discounts apply. Public Sector Mobile Broadband 5 Gigabytes 10 Gigabytes 20 Gigabytes Monthly Access Charge $34.99 (90237) $59.99 (90240) $99.99 (90241) Shared Domestic Data Allowance 5GB 10GB 20GB Overage Per Gigabyte $8.00 Per Gigabyte Note: This plan is available for domestic data only devices, on the Verizon Wireless network only. Data Sharing: At the end of each bill cycle, any unused data allowances for lines sharing on the same account will be applied to the overages of the other lines on the same account beginning with the line with the lowest overage need. Plan changes may not take effect until the billing cycle following the change request. New activations on these service plans require 4G LTE devices. Existing customers transitioning to one of these service plans are able to utilize existing 3G devices. The 5GB, 10GB, and 20GB Public Sector Mobile Broadband Plans are able to share with each other. Custom State of Florida Mobile Broadband Connect Feature The calling feature below reflects the monthly access charge discount. No additional discounts apply. With a Mobile Broadband Connect capable Smartphone/BlackBerry devices only SOFL Plan Number Monthly Access Charge Per Line Domestic Data Allowance Per Minute Rate and Long distance 6.1f (76404-4G, 76405-3G) $10.00 Unlimited* Per the Voice Plan Notes: See attached Plan and Feature Details for important information about plans, features and options. Mobile Broadband Connect is currently available on select voice and data devices, and provides Mobile Broadband/NationalAccess service utilizing the device as a modem. A mobile office kit, VZAccess Manager Software, a cable for tethering and/ or a software update may be required. Bluetooth® is not supported with Mobile Broadband Connect. Feature may only be added onto an eligible plan coupled with a Custom State of Florida Smartphone or BlackBerry Data Feature Package (SOFL Plans 6.6b, 6.7b, 6.10b, 6.11b and Exhibit 6B). Per Minute Rate applies to voice calls, IS-95 and other non-NationalAccess data usage in the United States. For optional features, the underlying calling plan determines the rates for voice airtime, and domestic long distance. *Verizon Wireless will limit the data throughput speeds should 25 GB of data usage be reached in any given billing cycle on any line. Data throughput speeds for additional usage will be limited for the remainder of the then-current bill cycle for the line(s) that exceed the 25 GB high-speed data usage threshold. We reserve the right to adjust data throughput limitation thresholds to as low as 5GB with prior written notice Custom State of Florida Nationwide Wireless PDA/BlackBerry Data Plan with MHS The calling plans below reflect the monthly access charge discount. No additional discounts apply. Data for PDA/BlackBerry devices only Monthly Access Charge Per Line Domestic Data Allowance with Mobile Hot Spot (MHS) Nationwide Calling Rate Unlimited Mobile to Mobile, Nights and Weekends, Text, Picture and Video Messaging $35.99(93445) Unlimited* $0.052 per minute Included Notes: See attached Plan and Feature Details for important information about calling plans, features and options. 4G service requires 4G equipment and 4G coverage. *Verizon Wireless will limit the data throughput speeds should 25 GB of data usage be reached in any given billing cycle on any line. Data throughput speeds for additional usage will be limited for the remainder of the then-current bill cycle for the line(s) that exceed the 25 GB high-speed data usage threshold. We reserve the right to adjust data throughput limitation thresholds to as low as 5GB with prior written notice March 6, 2020 DMS-10/11-008C v1.6 Page 9 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Mobile Broadband Machine to Machine (M2M) Share Group 1 Plans - Low Usage The calling plans below reflect the monthly access charge discount. No additional discounts apply. Mobile Broadband Machine-to-Machine Plans 1 Megabyte 5 Megabytes 25 Megabytes 50 Megabytes 150 Megabytes Domestic Shared Data Allowance Per Month 1 MB (87640) 5 MB (87641) 25 MB (87642) 50 MB (87643) 150MB (87644) Monthly Access Charge $5.00 $7.00 $10.00 $15.00 $18.00 Overage Rate Per Megabyte $1.00 Mobile Broadband Machine to Machine (M2M) Share Group 2 Plans - High Usage The calling plans below reflect the monthly access charge discount. No additional discounts apply. Mobile Broadband Machine-to-Machine Plans 250 Megabytes 1 Gigabyte 5 Gigabytes 10 Gigabytes Domestic Data Allowance Per Month 250 MB (87645) 1 GB (87646) 5 GB (87647) 10 GB (87648) Monthly Access Charge $20.00 $25.00 $38.50 $61.60 Overage Rate Per Megabyte $0.015 Note: Machine to Machine coverage included the Verizon Wireless 4G, 3G and 3G Extended networks. See attached Calling Plan and Feature Details for important information about calling plans, features and options. Government Subscribers may supply their own authenticated Equipment (CPE) approved by Verizon Wireless to be activated on these plans. Netbook, Smartphone, and Tablet devices are not eligible for Mobile Broadband M2M pricing. 4G service requires 4G Telemetry equipment and 4G coverage. All terms and conditions of the Agreement apply to M2M service and M2M Lines as a Wireless Service. Customer may select either the Account Share or Multi-Account Share option on the Mobile broadband Machine-to-Machine (M2M) Share Plans. Machine to Machine Wireless Backup Router Plan This Plan is NOT eligible for Monthly Access Fee Discounts. Monthly Access Data Allowance Overage Rate $10.00 (86847-3G, 86848-4G) 25 MB $10.00 per GB Note: This plan is restricted to Verizon Wireless network use only; domestic and international roaming not available. Current data coverage details can be found at www.verizonwireless.com. 4G service requires 4G equipment and 4G coverage. Customer must maintain a minimum of five (5) active M2M Lines to be eligible for this plan. Customer must provide its own Equipment, approved for use on the Verizon Wireless network, when activating service on this plan. Not all wireless routers can be provisioned on this plan. This plan is approved for use as a backup solution for business continuity only and may not be used for primary connectivity. Verizon Wireless reserves the right to migrate lines on this plan to the standard 5 GB M2M Plan if usage on a line provisioned on this plan exceeds one GB for three consecutive bill cycles. Public Sector Mobile Broadband Machine to Machine (M2M) Share Plans: Government Subscribers Only The calling plans below reflect the monthly access charge discount. No additional discounts apply. Public Sector Mobile Broadband 5 Gigabytes 10 Gigabytes 20 Gigabytes Monthly Access Charge $34.99 (90231) $59.99 (90234) $99.99 (90235) Shared Domestic Data Allowance 5GB 10GB 20GB Overage Per Gigabyte $8.00 Per Gigabyte Note: This plan is available for domestic data only devices, on the Verizon Wireless network only. Data Sharing: At the end of each bill cycle, any unused data allowances for lines sharing on the same account will be applied to the overages of the other lines on the same account beginning March 6, 2020 DMS-10/11-008C v1.6 Page 10 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. with the line with the lowest overage need. Plan changes may not take effect until the billing cycle following the change request. New activations on these service plans require 4G LTE devices. Netbook, Smartphone, and Tablet devices are not eligible for Mobile Broadband M2M pricing. Existing customers transitioning to one of these service plans are able to utilize existing 3G devices. The 5GB, 10GB, and 20GB Public Sector Mobile Broadband Machine to Machine Plans are able to share with each other. Custom Flat Rate Mobile Broadband - Government Government Subscribers Only This plan is not eligible for monthly access fee discounts. Monthly Access Fee $34.99 Domestic Data Allowance* Unlimited Overage Rate per KB NA NOTE: Subject to the Mobile Broadband terms and conditions; additional terms and conditions apply to Unlimited, Megabyte (MB), and Smartphone data Plans. Throughput speeds on the Custom Flat Rate Mobile Broadband will be limited up to 600kbps throughout the duration of each billing cycle while on the Verizon Wireless 4G network only. Data speeds are not guaranteed while on Extended or roaming partner networks. Devices utilized in conjunction with the Custom Flat Rate Mobile Broadband plan are limited to mobile (non-stationary) applications. Dedicated internet connections on stationary router devices and streaming video on stationary video surveillance cameras are expressly prohibited on this rate plan. Custom Mobile Broadband Plan II – Government Government Subscribers Only This plan is not eligible for monthly access fee discounts. Monthly Access Fee $44.99 Domestic Data Allowance Unlimited Overage Rate Per KB NA NOTE: Subject to the Mobile Broadband terms and conditions; additional terms and conditions apply to Unlimited, Megabyte (MB), and Smartphone data Plans. Verizon Wireless will limit throughput of data speeds should 30GB of data be used within a given bill cycle. Devices utilized in conjunction with the Custom Mobile Broadband Plan II are limited to mobile (non-stationary) applications. Data speeds are not guaranteed while on Extended or roaming partner networks. Dedicated internet connections on stationary router devices and streaming video on stationary video surveillance cameras are expressly prohibited on this rate plan. Custom 4G Unlimited Smartphone Plan for Public Sector State of Florida - Government Subscribers Only This plan is not eligible for additional monthly access fee discounts. Monthly Access Fee $50.00 Data Allowance1 Unlimited Mobile Hotspot2 Unlimited Monthly Anytime Minutes Unlimited Domestic Long Distance Toll Free Included Domestic and International Messaging Allowance3 Unlimited March 6, 2020 DMS-10/11-008C v1.6 Page 11 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Notes: No domestic roaming or long distance charges. Coverage includes the Verizon Wireless 4G network; and the 3G and 3G Extended networks, while available. Usage outside of the United States will be billed at the international travel feature rate, if applicable, or pay as you go pricing, which can be found at www.verizonwireless.com/international. Only a 4G smartphone can be activated on this plan. 1After 10 GB of data usage on a line during any billing cycle, usage may be prioritized behind other customers in the event of network congestion. To ensure users are able to maximize their high-speed data use for business applications, video applications will stream at up to 480p. 2Mobile Hotspot is available on all capable devices and allows the line to share data allowance with multiple Wi-Fi enabled devices. If 10 GB of Mobile Hotspot data usage is exceeded on any line in any given billing cycle, Verizon Wireless will limit the data throughput speeds for additional usage for the remainder of the then-current billing cycle for the line that exceeds the data usage. 3Unlimited messaging from within the United States to anywhere in the world where messaging services are available. For other messaging rates go to www.verizonwireless.com. The “Custom 4G Unlimited Smartphone Plan for Public Sector – State of Florida Government” is eligible to use Travel Pass SPO code 383. Please visit https://www.verizonwireless.com/solutions-and-services/international/ March 6, 2020 DMS-10/11-008C v1.6 Page 12 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. GLOBAL SERVICES International Options Monthly Features: Mexico and Canada The calling features below reflect the monthly access fee discount. No additional discounts apply. International Options Monthly Features: Mexico and Canada 0 Voice Minutes 0 Voice Minutes 100 Voice Minutes 250 Voice Minutes 500 Voice Minutes Monthly Access Fee $10.00 (SPO 428) $20.00 (SPO 426) $15.00 (SPO 441) $30.00 (SPO 425) $25.00 (SPO 443 ) Monthly Access Fee less discount $10.00 $20.00 $15.00 $22.50 $18.75 Voice Overage Rate Pay Go $0.10/minute $0.05/minute Data Allowance1 100 MB 250 MB 100 MB 250 MB 1 GB Data Overage Rate After Allowance2 $10.00/100 MB $20.00/1 GB Messaging Allowance3 Pay Go 100 sent; unlimited incoming 250 sent; unlimited incoming 500 sent; unlimited incoming Messaging Overage Rate After Allowance2 Pay Go $0.10/Sent Message $0.05/Sent Message Notes: Current coverage details and additional information can be found at www.verizonwireless.com. 1The data allowance applies in Canada and Mexico only, where coverage is available. All data usage, including dedicated Mobile Hotspot, deducts from the same data allowance. Requires an eligible domestic data plan or feature and a International GSM capable device. 2The overage rate is not eligible for discounts. 3Multimedia messages (MMS) are included in the allowance, but incur data transport charges (deducts from the International data allowance). Pay Go rates for International Voice, International Messaging, and Data Roaming can be found at www.verizonwireless.com/International. This is a monthly feature and will be removed from the account one month after being added to an account. International Options Monthly Features : 140+ Countries The calling features below reflect the monthly access fee discount. No additional discounts apply. International Options Monthly Features: 140+ Countries 0 Voice Minutes 0 Voice Minutes 100 Voice Minutes 250 Voice Minutes Monthly Access Fee $25.00 (SPO 431) $50.00 (SPO 433) $40.00 (SPO 445) $85.00 (SPO 423) Monthly Access Fee less discount $18.75 $37.50 $30.00 $63.75 Voice Overage Rate Pay Go $0.25/minute Data Allowance1 100 MB 250 MB 100 MB 250 MB Data Overage Rate After Allowance2 $25.00/100 MB Messaging Allowance3 Pay Go 100 sent; unlimited incoming 250 sent; unlimited incoming Messaging Overage Rate After Allowance2 Pay Go $0.25/Sent Message Notes: Current coverage details and additional information can be found at www.verizonwireless.com. 1The data allowance applies in 140+Countries, where coverage is available. All data usage, including dedicated Mobile Hotspot, deducts from the same data allowance. Requires an eligible domestic data plan or feature and a International GSM capable device. 2The overage rate is not eligible for discounts. 3Multimedia messages (MMS) are included in the allowance, but incur data transport charges (deducts from the International data allowance). Pay Go rates for International Voice, International Messaging, and Data Roaming can be found at www.verizonwireless.com/International. This is a monthly feature and will be removed from the account one month after being added to an account. March 6, 2020 DMS-10/11-008C v1.6 Page 13 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. International Options Monthly Recurring Features: Mexico and Canada The calling features below reflect the monthly access fee discount. No additional discounts apply. International Options Monthly Recurring Features: Mexico and Canada 0 Voice Minutes 0 Voice Minutes 100 Voice Minutes 250 Voice Minutes 500 Voice Minutes Monthly Access Fee $10.00 (SPO 427) $20.00 (SPO 446) $15.00 (SPO 434) $30.00 (SPO 424) $25.00 (SPO 442) Monthly Access Fee less discount $10.00 $20.00 $15.00 $22.50 $18.75 Voice Overage Rate Pay Go $0.10/minute $0.05/minute Data Allowance1 100 MB 250 MB 100 MB 250 MB 1 GB Data Overage Rate After Allowance2 $10.00/100 MB $20.00/1 GB Messaging Allowance3 Pay Go 100 sent; unlimited incoming 250 sent; unlimited incoming 500 sent; unlimited incoming Messaging Overage Rate After Allowance2 Pay Go $0.10/Sent Message $0.05/Sent Message Notes: Current coverage details and additional information can be found at www.verizonwireless.com. 1The data allowance applies in Canada and Mexico only, where coverage is available. All data usage, including dedicated Mobile Hotspot, deducts from the same data allowance. Requires an eligible domestic data plan or feature and a International GSM capable device. 2The overage rate is not eligible for discounts. 3Multimedia messages (MMS) are included in the allowance, but incur data transport charges (deducts from the International data allowance). Pay Go rates for International Voice, International Messaging, and Data Roaming can be found at www.verizonwireless.com/International. This is a recurring feature and will remain on the account until removed. International Options Monthly Recurring Features: 140+ Countries The calling features below reflect the monthly access fee discount. No additional discounts apply. International Options Monthly Recurring Features: 140+ Countries 0 Voice Minutes 0 Voice Minutes 100 Voice Minutes 250 Voice Minutes Monthly Access Fee $25.00 (SPO 412) $50.00 (SPO 432) $40.00 (SPO 444) $85.00 (SPO 422) Monthly Access Fee less discount $18.75 $37.50 $30.00 $63.75 Voice Overage Rate Pay Go $0.25/minute Data Allowance1 100 MB 250 MB 100 MB 250 MB Data Overage Rate After Allowance2 $25.00/100 MB Messaging Allowance3 Pay Go 100 sent; unlimited incoming 250 sent; unlimited incoming Messaging Overage Rate After Allowance2 Pay Go $0.25/Sent Message Notes: Current coverage details and additional information can be found at www.verizonwireless.com. 1The data allowance applies in 140+ Countries, where coverage is available. All data usage, including dedicated Mobile Hotspot, deducts from the same data allowance. Requires an eligible domestic data plan or feature and a International GSM capable device. 2The overage rate is not eligible for discounts. 3Multimedia messages (MMS) are included in the allowance, but incur data transport charges (deducts from the International data allowance). Pay Go rates for International Voice, International Messaging, and Data Roaming can be found at www.verizonwireless.com/International. This is a recurring feature and will remain on the account until removed. March 6, 2020 DMS-10/11-008C v1.6 Page 14 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Global Data Optional Features The Data Packages are eligible for monthly access fee discounts and promotions, when available. Monthly Access Fee Allowance Rate per MB (Canada) Rate per MB (Mexico) Rate per MB (Rest of the World) N/A N/A $2.05/MB $5.12MB $20.48/MB Notes: Current coverage details and list of Global Data Countries can be found at www.verizonwireless.com/International. See Calling Plan Optional Features section for important information about calling plans, features and options. Applies to all global-capable phones and internet devices. Customer must subscribe to a domestic Mobile Hotspot plan to use the service globally. The majority of your monthly usage must be in the United States. All data usage, including tethering and hotspot, deducts from the same data allowance. March 6, 2020 DMS-10/11-008C v1.6 Page 15 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. ADDITIONAL WIRELESS FEATURES Custom State of Florida SMS/MMS Messaging Features The calling features below reflect the monthly access charge discount. No additional discounts apply. Text, Picture or Video Messaging for Conventional (Basic) and Smartphone devices only SOFL Plan Number Monthly Access Charge Per Line Domestic Message Allowance Overage Rate 6.1c(77328) $2.00 300 messages $0.05 per message 6.2c(77341) $3.00 500 messages 6.3c(77329) $7.00 Unlimited N/A Text Messaging: Text Messaging includes Short Message Service (SMS up to 160 characters) and Enhanced Messaging Service (EMS up to 1120 characters). Enhanced Text Messages sent to most SMS handsets will be delivered as multiple Text messages of up to 160 characters each. Subscribers have the option to have text messages disabled entirely without affecting voicemail or other related services. Overage Rate applies after allowance. Text Messaging plans do not include Operator Assisted Messaging or International Messaging, which is available for 25¢ per message sent and 20¢ per message received; see http://vtext.com for details and countries. Multi-Media Messaging (MMS): Multi-Media Messaging (MMS) includes picture and video messaging and is only available within the National Enhanced Services Rate and Coverage Area. In addition, MMS messages are $0.25 per message, per address. In addition to the MMS per message charges, MMS uses calling plan Anytime Minutes or kilobytes. Custom State of Florida Field Force Manager Features The calling plans below reflect the monthly access charge discount. No additional discounts apply. Conventional (Basic) Phone or Smartphone Limited Basic Pro* Monthly Access Charge $9.99 per user (75681 for Basic and Smartphone) $20.00 per user (76722 - Basic) (76637 – Smartphone) $25.00 per user (76723 - Basic) (76638 – Smartphone) Notes: Current coverage details can be found at www.verizonwireless.com. See attached Plan and Feature Details for important information about calling plans, features and options. Field Force Manager (”FFM”) Features may only be added onto a Custom State of Florida calling plan with a monthly access fee of $20.00 or higher. Data plan required. Requires a minimum 500 MB Data Package for Smartphones. FFM is available on select devices only. *FFM Pro is not available on all devices. If the Block Voice Feature is removed, a per minute rate of $0.25 shall apply for all voice calls. Downloading the FFM application requires approximately 2 MB (megabytes) of data. Push to Talk Plus License (PTT+): Government Subscribers Only Push to Talk License licenses are not eligible for any further discounts. Product Monthly Access Tablet $3.75 Inter-carrier (only any device) $3.75 3rd Party Web (HTML) API Client $3.75 Dispatch (License) Windows PC with PTT and mapping $22.50 Notes: Current coverage details can be found at www.verizonwireless.com. See attached Calling Plan and Feature Details for important information about calling plans, features and options. Push to Talk license only. Push to Talk Plus requires PTT+ capable device. March 6, 2020 DMS-10/11-008C v1.6 Page 16 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Land Mobile Radio (LMR) for PTT+ : Government Subscribers Only Push to Talk Plus service is required. LMR licenses are not eligible for any further discounts. Product Monthly Access LMR Channel per account $0.00 Notes: Customer may have multiple channels. LMR FEATURE Only (When added to a Basic/Smartphone Device with PTT+) Basic/Smartphone Devices (FEATURE) $4.50 (85280) Notes: LMR cannot be added to any device without Domestic Push to Talk Plus. Push to Talk Plus requires PTT+ capable device. LMR License bundled with PTT+ License Tablet $8.25 Inter-carrier (any device) $8.25 3rd Party Web (HTML) API Client $8.25 Notes: Current coverage details can be found at www.verizonwireless.com. See attached Calling Plan and Feature Details for important information about calling plans, features and options. Land Mobile Radio (LMR) Interoperability works with all PTT+ capable devices. To use PTT+, Customer needs a PTT+ feature (or a software license for tablets and dispatch) and a PTT+ compatible device. An Internet Protocol (IP) link is required to connect Verizon’s PTT+ service with the customer’s LMR network through the “IP Gateway”. By purchasing the Land Mobile Radio for PTT+ Customer consents to the tracking of Land Mobile Radio for PTT+ equipment and must obtain authorized consent to tracking from all users and affected persons. No guarantee of accuracy of information transmitted, disclosed, displayed or otherwise conveyed or used. Service could be interrupted or disrupted due to atmospheric conditions, inaccurate ephemeris data and other factors associated with use of satellites and satellite data. PTT+ LMR Interoperability Deployment Services. The below services provide for the integration and deployment of Verizon PTT+ with a customer’s LMR network based on either a ROIP (Radio Over IP) or ISSI (Inter Sub-System Interface) LMR network architecture. Radio Over Internet Protocol (ROIP) and Inter Sub-System Interface (ISSI) Virtual Deployment Additional Discounts Not to Apply for Virtual Deployments. *Virtual Deployment type Price Provided Via Email Provided Via Phone Project Management Configuration of Equipment Testing of Equipment Up to 4 Talk Groups Software Plan Id and Description Onetime Fee ROIP Assisted Virtual Deployment $2,500 Included Not Included Not Included Not Included Not Included Not Included 623458: PTT+/LMR Assisted Install: ONE TIME Onetime Fee ROIP Managed Virtual Deployment $8,000 Included Included Included Included Included Included 623459: PTT+/LMR Managed Remote: ONE TIME Onetime Fee ISSI Managed Virtual Deployment $25,000 Included Included Included Included Included Included 623461: PTT+/LMR Managed March 6, 2020 DMS-10/11-008C v1.6 Page 17 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Plus P25: ONE TIME Note: *Customer must select a type of Virtual Deployment; selection cannot be mixed and/or matched. Customer must also purchase separately a ROIP gateway and cables. Customer must physically install the gateway and provide Virtual Private Network (“VPN”) connectivity to the gateway. In addition, Customer must purchase an associated Land Mobile Radio (“LMR”) feature and associated authorizations. Virtual Deployments include on-boarding one single facility, accessible by Customer site to site VPN (Verizon Wireless will not go on-site for any Virtual Deployment). Warranty: Verizon Wireless makes no warranties, express or implied, with respect to ROIP or ISSI Virtual Deployment which it provides to Customer on an “AS IS” basis “WITH ALL FAULTS” and “AS AVAILABLE.” The accuracy, timeliness, completeness, suitability, or availability of any aspect of ROIP or ISSI Virtual Deployment cannot be guaranteed. THE IMPLIED WARRANTIES OF MERCHANTABILTY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED IN THEIR ENTIRETY. ROIP Assisted Virtual Deployment Customer Requirements: Physical Installation and configuration. Access to add network elements to Customer’s network (IT administration). VPN turn up capability (IP Network expertise). Purchase and configure ROIP Gateway(s) and cables for connected LMR. Assign a single point of contact. Provide mobile radio for connectivity to each channel connected to ROIP Gateway(s). Assign individual to receive and program ROIP Gateway(s) (The customer must have an acute knowledge on how to program land mobile radio equipment). Provide VPN peer details. Virtual Deployment provided: ROIP Assisted Virtual Deployment is only provided via email. Requests for deployment assistance can be reached at KODVZLMRSupport@motorolasolutions.com. ROIP Assisted Virtual Deployment ends once a successful configuration and functional test occur: A successful configuration for ROIP and ISSI occurs when: • Backhaul connectivity successfully verified with IP gateway VPN • Two-way traffic observed inside backhaul interface • LMR Group Mobile Directory Number’s (MDN) ordered and recorded A successful functional test occurs when based on the following criteria: RoIP Virtual Deployment: • Verizon Push to Talk (PTT) Plus Service has LMR linked group published over the air to handsets • Verizon PTT Plus Service originated group calls to RoIP Gateway successful • RoIP Gateway originated group calls to Verizon PTT Plus Service successful ISSI Virtual Deployment: • Verizon PTT Plus Service has LMR linked group published over the air to handsets • Verizon PTT Plus Service originated group calls to ISSI Interconnect successful • Talker ID Alias of LMR Group MDN observed on Verizon Push to Talk Plus Service handsets when LMR User is speaking ROIP Managed Virtual Deployment and ISSI Managed Virtual Deployment March 6, 2020 DMS-10/11-008C v1.6 Page 18 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Virtual Deployment Includes: Working with Customer to engineer network segments for ROIP Engage with Customer on VPN solution completion Develop milestones Verify Customer is configured in PTT Plus Service Project manage critical milestones Finalize ROIP Gateway tuning settings including latency and call setup timers based on Customer’s network. Present final design Validate all configuration steps of the IP Gateway Define technical parameters for VPN Configure ROIP Gateway(s) Requests for managed deployment assistance can be reached at: Phone Requests: (469) 476-0820 Email Requests: KODVZLMRSupport@motorolasolutions.com. Customer Requirements: Customer shall be required to do the following: ROIP Managed Virtual Deployment and ISSI Managed Virtual Deployment end once a successful configuration and functional test occur: Assign a project Single Point of Contact. Provide mobile / portable radio for connectivity to each channel connected to ROIP Gateway(s). Backhaul Technology Selection. Manage schedule and report availability for turn up. Provide VPN Peer Details. Approve necessary authorizations to be billed to the account. Order IP Gateway. Review designs. Complete Site Survey Web Form. Provide resulting LMR Group MDN authorization numbers assigned in Enterprise Contact Management (ECM) Tool to Verizon. Physical Installation. Approve the one-time Virtual Deployment charges for managed install. Build Talk Groups in PTT+ online portal Enterprise Contact Management (ECM), including ROIP Gateway authorization. Configure VPN on local network to data center. Assign single point of contact for VPN configuration. Customer to confirm the required networking elements completed. Assign individual to receive ROIP Gateway(s). Configure network elements as needed (if sourced as a part of project). Access to add network elements to Customer’s network. Test and successfully complete calls between Push to Talk Plus Service and the LMR network. Purchase separately ROIP Gateway(s) and cables for connected LMR. March 6, 2020 DMS-10/11-008C v1.6 Page 19 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. A successful configuration for ROIP or ISSI occurs when: • Backhaul connectivity successfully verified with IP gateway VPN • Two-way traffic observed inside backhaul interface • LMR Group MDN(s) ordered and recorded A successful functional test occurs when based on the following criteria: RoIP Virtual Deployment: • Verizon PTT Plus Service has LMR linked group published over the air to handsets • Verizon PTT Plus Service originated group calls to RoIP Gateway successful • RoIP Gateway originated group calls to Verizon PTT Plus Service successful ISSI Virtual Deployment: • Verizon PTT Plus Service has LMR linked group published over the air to handsets • Verizon PTT Plus Service originated group calls to ISSI Interconnect successful • Talker ID Alias of LMR Group MDN observed on Verizon PTT Plus Service handsets when LMR User is speaking Digital Signage Service Fees include purchase costs of the Media Player and the Digital Signage service, which includes a software license and data, as set forth below. LTE Media Player Hardware Charge Frequency Description Hardware SKU Price One time LTE Media Player VZW090000280009 $450.00 includes shipping.* Taxes not included. *Shipping is ground 3 to 5 days. Digital Signage Service Fees Digital Signage Service1 The fees are NOT eligible for discounts. Plan** Monthly Software License Access Fee per Media Player Data Allowance Basic $40.00 Unlimited2 Premium $55.00 Unlimited3 Notes: The Digital Signage service is for use only in the United States on the Verizon Wireless 4G network. Coverage details and additional information can be found at www.verizonwireless.com. **Only a Media Player may be activated on the Digital Signage service. Voice calling and text messaging are blocked on this plan. If the voice block feature is removed, there will be a $0.25 per minute charge for voice calls. If the text messaging block is removed, default rates will apply. Detailed billing information will only be available online and the account will require its own unique log in credentials. 1Consists of the monthly software license fee, data and access to the Portal, which includes device management, mobile app, reporting and analytics, campaign scheduling, weather and news widgets, etc. March 6, 2020 DMS-10/11-008C v1.6 Page 20 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. 2Usage may be prioritized behind other customers in the event of network congestion. 3After 22 GB of data usage on a line during any billing cycle, usage may be prioritized behind other customers in the event of network congestion. Name ID Features The features below reflect the monthly access charge discount. No additional discounts apply Feature Monthly Access Share Name ID* $0.00 Company Name ID $1.99 per line Note: Depending upon the service provider and/or carrier to which the called party is subscribed, the called party may or may not be able to view the caller’s name. 1. *Share name ID requires Call Filter Plus (Formerly Known as Caller Name ID) to be on the called device for the name to display which costs $2.99 and also needs a contract amendment. Share name ID allows customer to customize name displayed across all devices on account. 2. Company Name ID requires Call Filter Plus (formerly known as Caller Name ID) to be on the called device for the name to display which costs $2.99 and also needs a contract amendment. Company Name ID sends custom name and custom number (personalized on each number) to devices enabled with Call Filter Plus. Users must be in My Business. Call Filter Plus Service Fees This feature is NOT eligible for monthly access fee discounts. Monthly Access Fee1 $2.99 Notes: Additional feature information can be found at www.verizonwireless.com. 1This feature can only be added onto an eligible device. Call Filter service is eligible for Android and iOS customers when they enroll and activate on a smartphone device. Call filter is not available on all call, all devices and in all areas. The Call Filter app is pre-loaded on most capable devices or can be downloaded from the app store. * Once enabled all lines have the ability to access call filter. Call filter features are billed separately; however, all supported options will appear and cannot be blocked. Call Filter Free Service This feature is NOT eligible for monthly access fee discounts. Monthly Access Fee1 $0.00 Notes: Additional feature information can be found at www.verizonwireless.com. 1This feature can only be added onto an eligible device. Call Filter service is eligible for Android and iOS customers when they enroll and activate on a smartphone device. Call filter is not available on all call, all devices and in all areas. The Call Filter app is pre-loaded on most capable devices or can be downloaded from the app store. * Once enabled all lines have the ability to access call filter. ** 4G LTE GSM/UMTS capable devices, require VoLTE/HD Voice. Call filter features are billed separately; however, all supported options will appear and cannot be blocked. March 6, 2020 DMS-10/11-008C v1.6 Page 21 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. ENHANCED SERVICES AND SOLUTIONS 4G Smartwatch with NumberShare1 Unlimited Plan - Government This plan is not eligible for monthly access fee discounts. Monthly Access Fee $10.00 (13413) Domestic Anytime Minutes Unlimited Domestic Data Allowance2 Unlimited Domestic and International Messaging Allowance3 Unlimited Notes: Current coverage details and additional plan information can be found at www.verizonwireless.com. This plan is for use only in the United States on the Verizon Wireless 4G network. When NumberShare is active on a 4G Smartwatch, certain services will not work on the Smartwatch device including: Call Forwarding, No Answer Transfer, Busy Transfer, Caller Name ID, Voicemail (access voicemail on the Smartwatch device by dialing the host smartphone number and pin)), and RingBack Tones. Calls and messages to/from blocked contacts will not be blocked on the Smarthwatch when NumberSharing with a host smartphone. Verizon does not guarantee that NumberShare will work at all times in every situation and the service works only with eligible devices. 1. Only lines on select smartwatches with the NumberShare service can be activated on this plan. Certain conditions must be met prior to activation. This plan can only be used when paired with a Verizon Wireless Smartphone that has unlimited data. 2. Usage may be prioritized behind other customers in the event of network congestion. 3. Unlimited messaging from within the United States to anywhere in the world where messaging services are available. Verizon Mobile Device Management (MDM): Government Subscribers Only Verizon MDM is not eligible for the monthly access charge discount. No additional discounts apply. Verizon MDM Feature Access Fee Enterprise Firmware Over the Air (FOTA) Management1 $0.00 (license requirement with service) Device Diagnostics2 $0.99 / per device per month Broadband Hotspot Management3 $1.49 / per device per month OR $15.00 / per device per year Unified Endpoint Management $1.00 / per device per month OR $10.00 / per device per year Notes: See attached Calling Plan and Feature Details for important information about calling plans, features and options. MDM supports select devices and operating systems and may require installation of a software agent. MDM features are billed separately; however, all supported options will appear and cannot be blocked. Due to a number of features that require HTML 5, Verizon MDM requires Internet Explorer Version 10 and above to work efficiently. 1 Enterprise Firmware Over the Air (FOTA) Management supports Android devices, including Jetpacks and USB devices. 2 Device Diagnostics supports Verizon Android devices operating on OS 4.0 and higher excluding Apple IOS and Google Pixel/Nexus Devices. 3 Broadband Hotspot Management currently supports the MiFi 7730L, AC791L, Jetpack MiFi 6620L, and USB730L. March 6, 2020 DMS-10/11-008C v1.6 Page 22 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. MobileIron Enterprise Mobility Management License Fees On-Premise (Core) (Minimum 500+ MI Core Licenses Required for initial order/installation) A discount has been applied. MobileIron Licenses and Installation services are not eligible for any further discounts. On-Premise (Core) (Software Subscription License) Annual Subscription License Bundle per Device with Direct Support Annual Subscription License Bundle per User with Direct Support (3 Devices per User) License Type Description/SKU Monthly Cost Annual Cost Description/SKU Monthly Cost Annual Cost Silver MobileIron Core (on-premise) EMM Silver Bundle per Device SKU: MICore Silver Per Device $3.00 $36.00 MobileIron Core (on-premise) EMM Silver Bundle per User SKU: MICore Silver Per User $4.50 $54.00 Gold MobileIron Core (on-premise) EMM Gold Bundle per Device SKU: MICore Gold Per Device $4.50 $54.00 MobileIron Core (on-premise) EMM Gold Bundle per User SKU: MICore Gold Per User $6.75 $81.00 Platinum MobileIron Core (on-premise) EMM Platinum Bundle per Device SKU: MICore Platinum Per Device $5.63 $67.50 MobileIron Core (on-premise) EMM Platinum Bundle per User SKU: MICore Platinum Per User $8.63 $103.50 On-Premise (Core) (Software Perpetual License) Annual Subscription License Bundle per Device and Direct Support Annual Subscription License Bundle per User and Direct Support (3 Devices per User) Type Description/SKU Monthly Cost Annual Cost One-Time Cost Description/SKU Monthly Cost Annual Cost One-Time Cost Silver License MobileIron Core (on- premise) EMM Silver per Device Perpetual License SKU: MICore Silver Per Device Perpetual License - - $56.25 MobileIron Core (on- premise) EMM Silver per User Perpetual License SKU: MICore Silver Per User Perpetual License - - $82.50 Silver Support (REQUIRED) Maintenance Support for MobileIron Core (on- premise) EMM Silver per Device Perpetual License SKU: Maintenance Support MICore Silver Per Device Perpetual License $0.94 $11.25 - Maintenance Support MobileIron Core (on- premise) EMM Silver per User Perpetual License SKU: Maintenance Support MICore Silver Per User Perpetual License $1.38 $16.50 - Gold License MobileIron Core (on- premise) EMM Gold per Device Perpetual License SKU: MICore Gold Per Device Perpetual License - - $82.50 MobileIron Core (on- premise) EMM Gold per User Perpetual License SKU: MICore Gold Per User Perpetual License - - $123.75 March 6, 2020 DMS-10/11-008C v1.6 Page 23 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Gold Support (REQUIRED) Maintenance Support MobileIron Core (on- premise) EMM Gold per Device Perpetual License SKU: Maintenance Support MICore Gold Per Device Perpetual License $1.38 $16.50 - Maintenance Support MobileIron Core (on- premise) EMM Gold per User Perpetual License SKU: Maintenance Support MICore Gold Per User Perpetual License $2.06 $24.75 - Platinum License MobileIron Core (on- premise) EMM Platinum per Device Perpetual License SKU: MICore Platinum Per Device Perpetual License - - $105.00 MobileIron Core (on- premise) EMM Platinum per User Perpetual License SKU: MICore Platinum Per User Perpetual License - - $157.50 Platinum Support (REQUIRED) Maintenance Support MobileIron Core (on- premise) EMM Platinum per Device Perpetual License SKU: Maintenance Support MICore Platinum Per Device Perpetual License $1.75 $21.00 - Maintenance Support MobileIron Core (on- premise) EMM Platinum per User Perpetual License SKU: Maintenance Support MICore Platinum Per User Perpetual License $2.63 $31.50 - PROFESSIONAL SERVICES On-Premise (Core) Installation1 Support and Maintenance Included License Type Description/SKU One-time Cost2 Silver MICore Silver Installation MI-PS-DEPLOY1 $3,000.00 Gold MICore Gold Installation MI-PS-DEPLOY2 $6,000.00 Platinum MICore Platinum Installation MI-PS-DEPLOY3 $8,000.00 MobileIron Remote Technical Product Training3 Remote Technical Product Training Up to six (6) hours of training on the features of MobileIron software (e.g. customization, configuration and support) typically divided into three 2-hour sessions. $1,500.00 Note. Customer must choose one License Type; selection cannot be mixed and/or matched. 1A minimum of 500 MobileIron licenses are required for On-Premise (Core) for initial order for new MobileIron Customers. 2On-premise (Core) requires integration and setup with backend systems. Installation charges are prepackaged services providing access to a Professional Services Engineer to assist customer in installing/integrating the MobileIron platform. Pricing above applies to the installation of up to 5,000 MobileIron licenses. If Customer installation requires more than 5,000 MobileIron licenses, MobileIron Premium Implementation Services may apply which provides advisory services and an implementation engineer at a cost of $25,000.00 to manage large scale deployments; alternatively, Customer may use its own installation services. 3Remote Technical Product Training (“Training”) does NOT include any installation or setup activities, project management of the Customer deployment, or roll out or implementation of Software. If Customer should need additional product training hours, additional charges apply. Training must be scheduled within 90 days of MobileIron license and services purchase and must be completed within 180 days of purchase (“Term”). Training costs are nonrefundable. March 6, 2020 DMS-10/11-008C v1.6 Page 24 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. MobileIron Enterprise Mobility Management License Fees Cloud (Minimum 25+ MI Cloud Licenses Required for initial order/installation) A discount has been applied. MobileIron Licenses and Installation services are not eligible for any further discounts. Cloud License Annual Subscription License Bundle per Device with Direct Support Annual Subscription License Bundle per User with Direct Support (3 Devices per User) License Type Description/SKU Monthly Cost Annual Cost Description/SKU Monthly Cost Annual Cost Silver MobileIron Cloud EMM Silver Bundle per Device SKU: MICloud Silver Per Device $3.00 $36.00 MobileIron Cloud EMM Silver Bundle per User SKU: MICloud Silver Per User $4.50 $54.00 Gold MobileIron Cloud EMM Gold Bundle per Device SKU: MICloud Gold Per Device $4.50 $54.00 MobileIron Cloud EMM Gold Bundle per User SKU: MICloud Gold Per User $6.75 $81.00 Platinum MobileIron Cloud EMM Platinum Bundle per Device SKU: MICloud Platinum Per Device $5.63 $67.50 MobileIron Cloud EMM Platinum Bundle per User SKU: MICloud Platinum Per User $8.63 $103.50 PROFESSIONAL SERVICES Cloud Installation1 Support and Maintenance Included License Type SKU One-time Cost2 Silver MICloud Silver Installation MI-PS-DEPLOY1-MICLOUD $1,500.00 Gold MICloud Gold Installation MI-PS-DEPLOY2-MICLOUD $3,000.00 Platinum MICloud Platinum Installation MI-PS-DEPLOY3-MICLOUD $4,000.00 MobileIron Remote Technical Product Training3 Remote Technical Product Training Up to six (6) hours of training on the features of MobileIron software (e.g. customization, configuration and support) typically divided into three 2-hour sessions. $1,500.00 Note. Customer must choose one License Type; selection cannot be mixed and/or matched. 1A minimum of 25 MobileIron licenses are required for initial Cloud order for new MobileIron customers. 2MICloud requires integration and setup with backend systems. Installation charges are prepackaged services providing access to a Professional Services Engineer to assist customer in installing/integrating the MobileIron platform. Pricing above applies to the installation of up to 5,000 MobileIron licenses. If Customer installation requires more than 5,000 MobileIron licenses, MobileIron Premium Implementation Services may apply which provides advisory services and an implementation engineer at a cost of $25,000.00 to manage large scale deployments; alternatively, Customer may use its own installation services. 3Remote Technical Product Training (“Training”) does NOT include any installation or setup activities, project management of the Customer deployment, or roll out or implementation of Software. If Customer should need additional product training hours, additional charges apply. Training must be scheduled within 90 days of MobileIron license and services purchase and must be completed within 180 days of purchase (“Term”). Training costs are nonrefundable. MobileIron Enterprise Mobility Management: Government Subscribers On-Premise and Cloud Managed Service Features All features are available on both On-premise and Cloud managed installations. Included features are determined by MobileIron License Type March 6, 2020 DMS-10/11-008C v1.6 Page 25 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Feature Functionality Included Features by License Silver Gold Platinum Apple DEP Supports Apple DEP (for iOS devices) ✓ ✓ ✓ Android for Work Supports AFW (on AFW enabled devices)  ✓ ✓ Samsung KNOX Integrates with Samsung KNOX (KNOX sold separately)  ✓ ✓ Email Access Secure Active Sync (all bundles) Divide PM (Gold/Platinum bundles for additional fee) ✓ ✓ ✓ Secure Enterprise Gateway (Sentry) In-line gateway that manages, encrypts, and secures traffic between the mobile device and back-end enterprise systems. (Requires user setup/installation) ✓ ✓ ✓ Apps@Work Enterprise App Store Basic Container ✓ ✓ ✓ Content Catalog Secure Doc catalog and publishing (basic content repository) 25 files/ 2MB each 50 files/ 25MB each Docs@Work Access, annotate and share documents from email, and on-premise management repositories  ✓ ✓ AppConnect Containerization of Application at Rest App wrapping AppConnect ecosystem (3rd Party applications already compatible with MobileIron container)  ✓ ✓ Web@Work Secure Browser Secure data in motion No VPN required  ✓ ✓ Tunnel iOS per App VPN native functionality   ✓ Help@Work Customizable app that enables screen sharing on device for trouble shooting for internal customer trouble shooting   ✓ Identity@Work MobileIron’s ability to proxy Kerberos allows iOS devices that are not on the corporate network to use iOS 7 SSO without needing to expose the Kerberos Key Distribution Center (KDC)   ✓ Service Connect Integrations ServiceNow integration to streamline IT workflows   ✓ Notes. Customer may purchase MobileIron, Inc. (“MobileIron”) licenses and services (“MobileIron Services”), to be billed by Verizon Wireless, at the prices listed above. Verizon Wireless is not the licensor of the MobileIron Services and makes no representations or warranties whatsoever, either express or implied, with respect to them. MobileIron Services are manufactured by MobileIron, Inc. Any license for MobileIron Services must be obtained directly from MobileIron either upon purchase or installation of the MobileIron Services. MobileIron Services are subject to MobileIron’s terms and conditions and can be viewed here: www.mobileiron.com/legal. Verizon Wireless will direct MobileIron to fulfill Customer’s MobileIron Services order. Customer support for MobileIron Services must be obtained directly from MobileIron, Inc. If Verizon Wireless in its sole discretion determines that an inquiry from a subscriber is related to MobileIron Services and is not one concerning Equipment or Wireless Service, it may transfer the service request to appropriate MobileIron representatives. March 6, 2020 DMS-10/11-008C v1.6 Page 26 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. MobileIron Enterprise Mobility Management Remote Technical Product Training: Government Subscribers MobileIron Remote Technical Product Training services are not eligible for discounts Includes up to six (6) hours of MobileIron software training Common Training Project Activities Session Activity Description Administrative Training Session 1 Administrative Training – Session 1: 1. MobileIron Architecture 2. Installation/Setup Review 3. MobileIron Admin Portal* 4. System Portal 5. User Management 6. Sentry Overview 7. High Availability Overview (if applicable) • Walk-through of the overall Software architecture • Review installation basics (review only - no installation activity) • Provide a deep dive into the administration portal features and functionality • Provide deployment and configuration set up best practices • Provide policy configuration guidance for common security, sync, and application control policies • Review setup options for Sentry and Core High Availability Administrative Training Session 2 Administrative Training – Session 2: 1. Device Registration/Management Details* 2. Common Troubleshooting Steps • Provide a deep dive into registering users and the user management tools • Review the most common troubleshooting tips and tricks MobileIron administrators and help- desk staff members encounter during the operational rollout Help Desk Training Help Desk Training: 1. MobileIron Architecture 2. UI Basics 3. MobileIron Policies 4. User Management 5. Device Registration/Management Details* • The same topics as above, but covered for the help desk audience supporting, rather than administering, the MobileIron application March 6, 2020 DMS-10/11-008C v1.6 Page 27 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Canvas Canvas is a service that helps you replace paper forms and processes with efficient mobile business apps and forms to save money and time on data collection. Canvas offers 3 plans: Startup Business and Professional. Customers can only select one of the plans at a time (e.g. cannot mix plans on the same account.) Monthly or annual subscription available. Item Name Canvas Startup Canvas Business Canvas Professional Number of Users Supported 1 - 5 Unlimited Unlimited Monthly Service Fee $15.00 $25.00 $35.00 Annual Service Fee $156.00 $264.00 $372.00 Canvas Features Features Startup Business Professional Form Submissions Unlimited Unlimited Unlimited 3rd Party Cloud Integration ✓ ✓ ✓ App Builder ✓ ✓ ✓ PDF Designer ✓ ✓ ✓ Email/Chat Support ✓ ✓ ✓ Mobile and Web Editing ✓ ✓ Phone Support ✓ ✓ Dispatch ✓ ✓ Submission Status ✓ ✓ HIPPA Compliance ✓ ✓ Dedicated Support Representative ✓ Dispatch Scheduling ✓ Advanced Password Management ✓ Webservices ✓ Work flow ✓ Canvas Connect ✓ Products shown or referenced are provided by Canvas, a Verizon Partner Program Member, which is solely responsible for the representations and the functionality, pricing and service agreements. Canvas can connect to several different systems including cloud based and server based applications. Customer may purchase Canvas licenses and services (“Canvas Services”), to be billed by Verizon Wireless, at the prices listed above. Verizon Wireless is not the licensor of the Canvas Services and makes no representations or warranties whatsoever, either express or implied, with respect to them. Canvas Services are manufactured by Canvas Solutions, Inc. Any license for Canvas Services must be obtained directly from Canvas either upon purchase or installation of the Canvas Services. Canvas Services are subject to Canvas’ terms and conditions and can be viewed here: https://www.gocanvas.com/content/about-us/policy/. Verizon Wireless will direct Canvas to fulfill Customer’s Canvas Services order. Customer support for Canvas Services must be obtained directly from Canvas Solutions, Inc. If Verizon Wireless in its sole discretion determines that an inquiry from a subscriber is related to Canvas Services and is not one concerning Equipment or Wireless Service, it may transfer the service request to appropriate Canvas representatives. March 6, 2020 DMS-10/11-008C v1.6 Page 28 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Samsung Knox Workspace Knox Workspace is an on-device container that isolates business applications and data from personal ones with government-grade security. Knox Workspace also provides enhanced granular controls over device features to enterprise IT administrators. Requires an additional MDM/EMM (like Knox Premium) to manage the container. Manage the container by integrating Knox IT policies with your existing MDM solution. Only available for Samsung Devices. Subscription Monthly (Month to month) 1 – Year Term (Paid in advance) 2 – Year Term (Paid in advance) License Fee $2.70 $32.40 $64.80 SKU# Knox Workspace - Monthly Knox Workspace - 1-Year Knox Workspace - 2-Year Knox Customization Knox Customization is a comprehensive set of tools and services that allow businesses to customize and deploy end-to-end mobile solutions. Transform Samsung devices into purpose-built solutions for any industry. *Requires upfront proof of device ownership. One Time Charge $3.00/per license Samsung Knox Solutions KnoxTM is Samsung’s mobile device defense-grade security platform. The Knox Platform services multiple user segments through three separate offerings. Samsung Knox Premium is cloud-based device management that allows users to securely manage the business side of corporate devices. Samsung Knox Workspace, another offering, is an enterprise device container that acts as a secure and productive environment for work data and apps. Package Name Samsung Knox Premium Samsung Knox Workspace Target Audience SMB & Enterprise with basic security needs Enterprise, Government & Regulated Industries Components End-to-end secure mobile platform bundled with Samsung cloud EMM for device management ✓ Works on both Android and iOS ecosystems ✓ Knox container with essential policy controls ✓ ✓ SAMSUNG Knox FOR ENTERPRISE Samsung Knox Premium Knox Premium is a cloud-based cross-platform enterprise mobility management solution combined with an on- device secure container for Samsung devices. Subscription Monthly (Month to month) 1 – Year Term (Paid in advance) 2 – Year Term (Paid in advance) License Fee $0.75 $9.00 $18.00 SKU# Knox Premium EMM - Monthly Knox Premium EMM - 1- Year Knox Premium EMM - 2-Year March 6, 2020 DMS-10/11-008C v1.6 Page 29 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Knox Workspace container with expanded and advanced policy controls ✓ IT Admin management of employee devices ✓ Enterprise can black list/white list apps within the Knox Workspace container ✓ Can manage VPN profiles in Knox Workspace container ✓ Customer may purchase SAMSUNG Knox FOR ENTERPRISE licenses and services (“Knox Services”), to be billed by Verizon Wireless, at the prices listed above. Verizon Wireless is not the licensor of the Knox Services and makes no representations or warranties whatsoever, either express or implied, with respect to them. Knox Services are manufactured by Samsung Electronics Co., Ltd. (“Samsung”). Any license for Knox Services must be obtained directly from Samsung either upon purchase or installation of the Knox Services. Knox Services are subject to Knox Services’ terms and conditions and can be viewed here: https://www.samsungknox.com/en/eula. Verizon Wireless will direct Knox Services to fulfill Customer’s Knox Services order. Customer support for Knox Services must be obtained directly from Samsung. If Verizon Wireless in its sole discretion determines that an inquiry from a subscriber is related to Knox Services and is not one concerning Equipment or Wireless Service, it may transfer the service request to appropriate Knox Services representatives. IBM® MaaS360® Enterprise Mobility Management (EMM) Unified Endpoint Management (UEM) IBM MaaS360 Unified Endpoint Management License Fees A discount has been applied. IBM MaaS360 UEM Licenses and services are not eligible for any further discounts. IBM MaaS360 UEM offers a comprehensive, highly secure platform that manages and protects Devices and Things (smartphones, tablets, laptops, desktops,), People and Identity (authentication, authorization, Single Sign On, secure use access), Apps and Content combined with cognitive technology. Subscription License Bundle: per Device (One (1) license per device) Subscription License Bundle: per User (One (1) license per single user with multiple devices) License Type Description/SKU Monthly Cost Annual Cost Description/SKU Monthly Cost Annual Cost Essential EMM Essentials Suite Per Device License SKU: D1P3GLL (Monthly/Annual) $2.25 $27.00 EMM Essentials Suite Per User SKU: D1P3ILL (Monthly/Annual) $4.50 $54.00 Deluxe EMM Deluxe Suite Per Device License SKU: D1P3LLL (Monthly/Annual) $3.75 $45.00 EMM Deluxe Suite Per User License SKU: D1P3NLL (Monthly/Annual) $7.50 $90.00 Premiere EMM Premier Suite Per Device SKU: D1P3RLL (Monthly/Annual) $4.69 $56.25 EMM Premier Suite Per User License SKU: D1P3TLL (Monthly/Annual) $9.38 $112.50 Enterprise EMM Enterprise Suite Per Device $6.75 $81.00 EMM Enterprise Suite Per User License $13.50 $162.00 March 6, 2020 DMS-10/11-008C v1.6 Page 30 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. SKU: D1P3WLL (Monthly/Annual) SKU: D1P3YLL (Monthly/Annual) Additional UEM License Options License Type Description/SKU Monthly Cost Annual Cost Laptop Location Laptop Location SKU: D1AM8LL (Monthly/Annual) $0.38 $4.50 IBM MaaS360 UEM Service Features Included features are determined by IBM MaaS360 UEM License Type Feature Functionality Included Features by License Essential Deluxe Premier Enterprise Device Management Manage smartphones, tablets & laptops featuring iOS, Android, Windows 10 Mobile, Windows 7, Windows 10 & macOS ✓ ✓ ✓ ✓ App Management Deploy custom enterprise app catalogs Blacklist, whitelist & require apps ✓ ✓ ✓ ✓ Patch and Update Management Identify & report on missing OS patches Schedule distribution and installation of Windows OS & macOS patches ✓ ✓ ✓ ✓ Identity Management Single sign-on & touch access Conditional access to trusted devices Identity federation with apps ✓ ✓ ✓ ✓ Advisor Improve IT operational efficiency by applying best practices & learning from industry & peer benchmarks ✓ ✓ ✓ ✓ Container App A separate, corporate mobile workplace for iOS, Android & Windows Productivity apps for work in one place ✓ ✓ ✓ ✓ Mobile Expense Management Monitor mobile data usage with real-time alerts Set policies to restrict or limit data & voice roaming ✓ ✓ ✓ ✓ Secure Mobile Email Contain emails, attachments & chat to prevent data leakage Enforce authentication, copy/paste & forwarding restrictions FIPS 140-2 compliant, AES-256 bit encryption for data at res  ✓ ✓ ✓ Secure Mobile Chat Contain all chat mobile conversations and data Establish quick connections via corporate directory lookup  ✓ ✓ ✓ OS VPN Leverages the hosted MaaS360 Certificate Authority to issue authentication certs Deployed alongside your corporate VPN solution   ✓ ✓ Secure Browser A feature-rich web browser for secure access to intranet sites Define URL filters & security policies based on categories Block known malicious websites   ✓ ✓ Gateway for Browser Enable MaaS360 Secure Mobile Browser to access enterprise intranet sites, web apps & network resources   ✓ ✓ March 6, 2020 DMS-10/11-008C v1.6 Page 31 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Access seamlessly & securely without needing a VPN session on mobile device Content Management Enforce authentication, copy/paste & view-only restrictions   ✓ ✓ Gateway for Documents Secure access to internal files: e.g., SharePoint & Windows File Share   ✓ ✓ App Security Enforce authentication & copy/paste restrictions   ✓ ✓ Gateway for Apps Add per app VPN to Application Security to integrate behind-the-firewall data in private apps   ✓ ✓ Mobile Document Editor Create, edit & save content in a secure, encrypted container    ✓ Mobile Document Sync Restrict copy/paste & opening in unmanaged apps Store content securely, both in the cloud & on devices    ✓ Mobile Threat Management Detect and analyze mobile malware on compromised devices Automate remediation via near real-time compliance engine Take action on jailbroken/rooted devices over- the-air    ✓ Notes. Customer may purchase IBM MaaS360 software licenses and services (“IBM MaaS360 Services”), to be billed by Verizon Wireless, at the prices listed above. Verizon Wireless is not the licensor of the IBM MaaS360 Services and makes no representations or warranties whatsoever, either express or implied, with respect to them. IBM MaaS360 Services are manufactured by International Business Machines Corporation, Inc. Any license for IBM MaaS360 Services must be obtained directly from IBM MaaS360 either upon purchase or receipt of notification from IBM of access to IBM MaaS360 Services. IBM MaaS360 Services are subject to IBM MaaS360’s terms and conditions and can be viewed here: http://www-03.ibm.com/software/sla/sladb.nsf/sla/saas. Verizon Wireless will direct IBM MaaS360 to fulfill Customer’s IBM MaaS360 Services order. Customer support for IBM MaaS360 Services must be obtained directly from International Business Machines Corporation, Inc. If Verizon Wireless in its sole discretion determines that an inquiry from a subscriber is related to IBM MaaS360 Services and is not one concerning Equipment or Wireless Service, it may transfer the service request to appropriate IBM MaaS360 representatives. Networkfleet Service Options for State of Florida The Service Options below have been discounted. No additional discounts apply. Service Options Purchase Cost 5200-GPS Only $17.00 5500-Diagnostics + GPS $19.00 H6100 Expressfleet $13.86 AssetGuard BX Non-Powered Asset Tracking $13.00 Connect $2.95 Customizable Update Rates (“CUR”) 1 Minute $0.00 Customizable Update Rates (“CUR”) 45 Seconds $1.00 Customizable Update Rates (“CUR”) 30 Seconds $2.00 Customizable Update Rates (“CUR”) 15 Seconds $3.00 Satellite $34.95 Data Services $0.00 Notes: Only one Hardware tier and one Service tier per Customer Account. Must be on a 12 month service agreement. Applicable taxes are not included in the above pricing. Any applicable taxes will be applied to the billing invoice. Additional terms & conditions apply to Networkfleet Service that are subject to review by end user government agencies. Customizable Update Rates (CUR). Authorized registered user may change a device update rate through the Self Service Portal (SSP) to 60 seconds at no additional cost. Please note, if the device update rate is changed to a 45 (CUR45), 30 (CUR30), or 15 (CUR15) second update rate, an additional charge per device would apply per the CUR list price for the selected rate. Networkfleet Device/Hardware Options for State of Florida The Devices/Hardware Options below have been discounted. No additional discounts apply. Device/Hardware Options Purchase Cost 5200-GPS Only $85.00 March 6, 2020 DMS-10/11-008C v1.6 Page 32 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. 5500-Diagnostics + GPS $85.00 1009N2VD-6100 Expressfleet $55.00 AssetGuard BX Non-Powered Asset Tracking $150.00 Notes: Only one Hardware tier and one Service tier per Customer Account. Must be on a 12 month service agreement. Applicable taxes are not included in the above pricing. Any applicable taxes will be applied to the billing invoice. Item Number Accessory Price PARTS030 Reinstallation Kit $3.00 PARTS031 Tamper Resistant Zip Ties (100 per pack) $50.00 PARTS032 Combination Antenna A (standard) $30.00 PARTS037 AT-1400 Replacement Battery $45.00 PARTS039 AT-1400 Bracket $20.00 PARTS040 Window-Mount GPS Antenna Module (5500/5200) $35.00 PARTS041 Sensor Input Harness (5500/5200) $10.00 PARTS042 OBD-II Adapter Kit only including Core Connector & 8 Adapters (5500/5200) $20.00 PARTS043 6-pin Heavy Duty Harness (5500/5200) $35.00 PARTS044 9-pin Heavy Duty Harness with Square Flange (5500/5200) $35.00 PARTS045 9-pin Heavy Duty Harness with “D” Mount (5500/5200) $35.00 PARTS069 OBD Harness Extension $10.00 PARTS070 16-Pin Heavy Duty Harness $35.00 PARTS046 Universal Harness (5200) $10.00 PARTS047 Light Duty Harness plus OBD-II Adapter Kit (5500/5200) $35.00 PARTS090 Alternate Power/Ground Adapter (5200/5500) $20.00 PARTS053 Garmin FMI 45 Cable with Traffic for Connect $145.95 PARTS054 Garmin FMI Modified Cable $55.00 PARTS057 Pelican Micro Case for 5200 w/ 15’ Universal Harness $74.95 A-PEM001 PEM Port Expansion Module $140.00 PARTS059 Quick Install Harness $10.00 A-SAT001 Satellite Modem $550.00 PARTSS063 Satellite Antenna $50.00 PARTSS064 Satellite Harness $50.00 KIT-SAT Satellite Kit (includes one modem, antenna & harness) $650.00 PARTS065 Asset Guard BX Replacement Batter (1) $75.00 PARTS066 Asset Guard BX Magnet Mount Kit (set of 4) *See Note $75.00 PARTS095 ID Reader Adapter Install Kit $30.00 PARTS060 Driver ID Reader $15.00 PARTS061 Driver ID Key $3.50 PARTS087 Audible Driver ID Alert $15.00 PARTS071 Bluetooth Extension $0.00 PARTS093 Universal Harness (6100) $10.00 PARTS058 Universal Harness $10.00 PARTS097 5000 9-Pin “D” Mount Harness Type 2 $35.00 PARTS098 5000 9-Pin Square Harness Type 2 $35.00 PARTS111 USM 9-Pin “D” Mount Harness Type 2 Pins F-G $35.00 PARTS112 USM 9-Pin Square Harness Type 2 Pins F-G $35.00 Notes: * Asset Guard BX Magnet Mount Kit includes CalAmp 133561 hardware and lanyard & CalAmp 1M101-MNC25 magnets (set of 4). Item Number Installation Type Pricing (per unit) Notes I-INSTALL-UNIT Base Installation – Plug/Play or 3 Wire $65.00 Base Installation includes 1 Device and 1 Harness D-INSTALL-UNIT Limited Lifetime Base Installation $2.00 Monthly Service Fee I-INSTALL-FMI Add-On to Base Installation (Garmin) $35.00 I-INSTALL-SENSOR Add-On to Base Installation (Sensor) $65.00 Sensor Install is $65.00 PER SENSOR I-INSTALL-AG Add-On to Base Installation (AssetGuard BX) $65.00 I-INSTALL-PMC Add-On to Base Installation (Pelican Micro Case) $35.00 March 6, 2020 DMS-10/11-008C v1.6 Page 33 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. I-INSTALL-PEM Add-On to Base Installation (Port Expansion Module) $35.00 I-INSTALL-SAT Add-On to Base Installation (Satellite) $35.00 I-INSTALL-DID Add-On to Base Installation (Driver ID) $35.00 I-INSTALL –BTE Add-On to Base Installation (Bluetooth) $35.00 D-INSTALL-BTE Limited Lifetime Add-On to Base Installation (Bluetooth) $1.00 Monthly Service Fee D-INSTALL-FMI Limited Lifetime Add-On to Base Installation (Garmin) $1.00 Monthly Service Fee D-INSTALL-SENSOR Limited Lifetime Add-On to Base Installation (Sensor) $1.00 D-INSTALL-AG Limited Lifetime Add-On to Base Installation (AssetGuard BX/PW) $2.00 D-INSTALL-PMC Limited Lifetime Add-On to Base Installation (Pelican Micro Case) $1.00 Monthly Service Fee D-INSTALL-PEM Limited Lifetime Add-On to Base Installation (Port Expansion Module) $1.00 Monthly Service Fee D-INSTALL-SAT Limited Lifetime Add-On to Base Installation (Satellite) $1.00 Monthly Service Fee D-INSTALL-DID Limited Lifetime Add-On to Base Installation (Driver ID) $1.00 Monthly Service Fee I-SWAP-UNIT Device Swap $65.00 I-TRANSFER-UNIT Device Transfer $65.00 I-REMOVAL-UNIT Removal $65.00 Removal of device. I-NOSHOW No Show $75.00 Applies per trip if the installer makes the trip and the designated vehicle is not available so the unit cannot be installed. I-TROUBLESHOOT- UNIT Troubleshoot; Mileage $65.00 Per Trip TRAINING-HALF ½ Day Installation Training $150.00 TRAINING-FULL Full Day Installation Training $300.00 March 6, 2020 DMS-10/11-008C v1.6 Page 34 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. PUBLIC SAFETY CUSTOM PLANS Custom 4G Unlimited Smartphone Plan with Mobile Broadband Priority and Preemption for National Security, Public Safety, and Emergency Preparedness Government Liable Subscribers Only This plan is not eligible for monthly access fee discounts. Only 4G LTE GSM/UMTS global-capable smartphones can be activated on this plan. Monthly Access Fee $39.99 Monthly Minutes in U.S Unlimited Domestic Data Allowance(1) Unlimited Domestic Messaging Allowance Unlimited Optional Features Domestic Mobile Hotspot $5.00 additional per month Push-to-Talk $2.00 additional per month Notes: Current coverage details can be found at www.verizonwireless.com. No domestic roaming or long distance charges. Coverage includes the Verizon Wireless 4G network; and the 3G and 3G Extended networks, while available. (1) Data usage on this rate plan is not subject to speed reductions (“throttling”) within a given billing cycle. However, in the event a user consumes more than 25GB each billing cycle for three (3) consecutive billing cycles, data throughput speeds will automatically be reduced for data usage exceeding 25GB per billing cycle on a go-forward basis. Data usage for actively engaged and deployed fire, police, emergency medical technicians, emergency management agency, and assigned federal law enforcement users on this plan will not be subject to speed reductions regardless of data usage during any billing cycle. To ensure users are able to maximize their high-speed data use for business applications, video applications will stream at 480p. This service plan includes Mobile Broadband Priority and Preemption. Mobile Broadband Priority ensures customers can connect to the network with priority by leveraging a pool of radio resources dedicated to enable their connection. Mobile Broadband Priority identifies the user with an Access Priority setting, giving them higher priority for network access than lower Access Class users. Preemption automatically activates to provide approved personnel uninterrupted access to the network in those uncommon times when the network is fully utilized. 911 calls are never preempted. This service plan is available to National Security, Public Safety, and Emergency Preparedness customers only as defined by the following NAICS (formerly SIC) Codes*: (PP# 16807) 621910 Ambulance Services 922110 Courts 922120 Police Protection 922130 Legal Counsel and Prosecution 922140 Correctional Institutions 922150 Parole Offices and Probation Offices 922160 Fire Protection (except private) 922190 Other Justice, Public Order, and Safety Activities 923120 Administration of Public Health Programs 928110 National Security 926120 Regulation and Administration of Transportation Programs 926150 Regulation, Licensing, and Inspection of Misc. Commercial Sectors 926130 Regulation and Administration of Comms, Electric, Gas, and Other Utilities 921150 American Indian and Alaska Native Tribal Governments 921190 Other General Government Support 921110 Executive Offices *Standard Industrial Classification (SIC) and North American Industrial Classification System (NAICS) codes identify an entity’s primary business activity. March 6, 2020 DMS-10/11-008C v1.6 Page 35 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Custom Unlimited Basic Phone Plan for National Security, Public Safety, and Emergency Preparedness Government Liable Subscribers Only This plan is not eligible for monthly access fee discounts. Monthly Access Fee $22.99 Monthly Minutes in U.S Unlimited Domestic Data Allowance 100MB Domestic Messaging Allowance Unlimited Domestic Data Overage $10.00 per GB Notes: Current coverage details can be found at www.verizonwireless.com. No domestic roaming or long distance charges. Coverage includes the Verizon Wireless 4G network; and the 3G and 3G Extended networks, while available. This service plan is available to National Security, Public Safety, and Emergency Preparedness customers only as defined by the following NAICS (formerly SIC) Codes*: (PP# 16810) 621910 Ambulance Services 922110 Courts 922120 Police Protection 922130 Legal Counsel and Prosecution 922140 Correctional Institutions 922150 Parole Offices and Probation Offices 922160 Fire Protection (except private) 922190 Other Justice, Public Order, and Safety Activities 923120 Administration of Public Health Programs 928110 National Security 926120 Regulation and Administration of Transportation Programs 926150 Regulation, Licensing, and Inspection of Misc. Commercial Sectors 926130 Regulation and Administration of Comms, Electric, Gas, and Other Utilities 921150 American Indian and Alaska Native Tribal Governments 921190 Other General Government Support 921110 Executive Offices *Standard Industrial Classification (SIC) and North American Industrial Classification System (NAICS) codes identify an entity’s primary business activity. March 6, 2020 DMS-10/11-008C v1.6 Page 36 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Custom Unlimited Push to Talk Only Plan for National Security, Public Safety, and Emergency Preparedness Government Liable Subscribers Only This plan is not eligible for monthly access fee discounts. Monthly Access Fee $17.99 Monthly Push to Talk Minutes Unlimited Domestic Voice Per Minute Rate $0.25 Notes: Current coverage details can be found at www.verizonwireless.com. No domestic roaming or long distance charges. Coverage includes the Verizon Wireless 4G network; and the 3G and 3G Extended networks, while available. This service plan is available to National Security, Public Safety, and Emergency Preparedness customers only as defined by the following NAICS (formerly SIC) Codes*: (PP#96625/4G Only – PP#96625 3G/4G) 621910 Ambulance Services 922110 Courts 922120 Police Protection 922130 Legal Counsel and Prosecution 922140 Correctional Institutions 922150 Parole Offices and Probation Offices 922160 Fire Protection (except private) 922190 Other Justice, Public Order, and Safety Activities 923120 Administration of Public Health Programs 928110 National Security 926120 Regulation and Administration of Transportation Programs 926150 Regulation, Licensing, and Inspection of Misc. Commercial Sectors 926130 Regulation and Administration of Comms, Electric, Gas, and Other Utilities 921150 American Indian and Alaska Native Tribal Governments 921190 Other General Government Support 921110 Executive Offices *Standard Industrial Classification (SIC) and North American Industrial Classification System (NAICS) codes identify an entity’s primary business activity. Mobile Broadband Priority Feature for National Security, Public Safety, and Emergency Preparedness Government Liable Subscribers Only Monthly Access Fee $0.00 Mobile Broadband Priority ensures customers can connect to the network with priority by leveraging a pool of radio resources dedicated to enable their connection. Mobile Broadband Priority identifies the user with an Access Priority setting, giving them higher priority for network access than lower Access Class users. This feature is available to National Security, Public Safety, and Emergency Preparedness customers only as defined by the following NAICS (formerly SIC) Codes*: (PP#86124) 621910 Ambulance Services 922110 Courts 922120 Police Protection 922130 Legal Counsel and Prosecution 922140 Correctional Institutions 922150 Parole Offices and Probation Offices 922160 Fire Protection (except private) 922190 Other Justice, Public Order, and Safety Activities 923120 Administration of Public Health Programs 928110 National Security 926120 Regulation and Administration of Transportation Programs 926150 Regulation, Licensing, and Inspection of Misc. Commercial Sectors 926130 Regulation and Administration of Comms, Electric, Gas, and Other Utilities 921150 American Indian and Alaska Native Tribal Governments 921190 Other General Government Support 921110 Executive Offices *Standard Industrial Classification (SIC) and North American Industrial Classification System (NAICS) codes identify an entity’s primary business activity. March 6, 2020 DMS-10/11-008C v1.6 Page 37 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Custom 4G Unlimited Mobile Broadband Plan with Mobile Broadband Priority and Preemption for National Security, Public Safety, and First Responders Government Liable Subscribers Only This plan is not eligible for monthly access fee discounts. Only 4G LTE GSM/UMTS global-capable devices can be activated on this plan. Monthly Access Fee $36.05 Domestic Data Allowance(1) Unlimited Notes: Current coverage details and non-domestic data rates can be found at www.verizonwireless.com. No domestic roaming or long distance charges. Coverage includes the Verizon Wireless 4G network; and the 3G and 3G Extended networks, while available. Data usage on this plan is restricted to Verizon Wireless network use only; roaming is not available. (1) Data usage on this rate plan is not subject to speed reductions (“throttling”) within a given billing cycle. However, in the event data usage exceeds 25GB each billing cycle for three (3) consecutive billing cycles, data throughput speeds will automatically be reduced for data usage exceeding 25GB per billing cycle on a go-forward basis. Data usage for actively engaged and deployed fire, police, emergency medical technicians, emergency management agency, and assigned federal law enforcement users on this plan will not be subject to speed reductions regardless of data usage during any billing cycle. To ensure users are able to maximize their high-speed data use for business applications, video applications will stream at 720p. This service plan includes Mobile Broadband Priority and Preemption. Mobile Broadband Priority ensures customers can connect to the network with priority by leveraging a pool of radio resources dedicated to enable their connection. Mobile Broadband Priority identifies the user with an Access Priority setting, giving them higher priority for network access than lower Access Class users. Preemption automatically activates to provide approved personnel uninterrupted access to the network in those uncommon times when the network is fully utilized. 911 calls are never preempted. Devices utilized in conjunction with this plan are limited to mobile device applications. Dedicated internet connections (including but not limited to, stationary wireless networking router devices), streaming video on non-smartphone devices (including but not limited to, body cameras and stationary video surveillance cameras), and Internet of Things (“IoT”) devices* are expressly prohibited on this rate plan. This plan is only available to National Security, Public Safety, and First Responder customers only as defined by the following NAICS (formerly SIC) Codes**: (PP# 20664) 621910 Ambulance Services 922110 Courts 922120 Police Protection 922130 Legal Counsel and Prosecution 922140 Correctional Institutions 922150 Parole Offices and Probation Offices 922160 Fire Protection (except private) 922190 Other Justice, Public Order, and Safety Activities 923120 Administration of Public Health Programs 928110 National Security 926120 Regulation and Administration of Transportation Programs 926150 Regulation, Licensing, and Inspection of Misc. Commercial Sectors 926130 Regulation and Administration of Comms, Electric, Gas, and Other Utilities 921150 American Indian and Alaska Native Tribal Governments 921190 Other General Government Support 921110 Executive Offices *Internet of Things (“IoT”) devices. Devices other than smartphones, aircards, jetpacks, modems, and tablets that transfer data over the network (e.g. M2M). **Standard Industrial Classification (SIC) and North American Industrial Classification System (NAICS) codes identify an entity’s primary business activity. March 6, 2020 DMS-10/11-008C v1.6 Page 38 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Verizon Wireless Preemption Service Feature for National Security, Public Safety, and First Responders Government Liable Subscribers Only Monthly Access Fee Per MDN $0.00 NOTE: Preemption Service (“Preemption”) is a capability that reallocates network resources to customers so that they can connect in emergencies. In those uncommon times when the network is fully utilized, Preemption automatically activates to provide approved personnel uninterrupted access to the network. It helps ensure our national security, public safety, and first responder customers can continue to communicate with each other during times of high network use. Preemption capability is available on the Verizon Wireless 3G and 4G LTE data network. While Preemption capability may also be available on the networks of Verizon Wireless’s domestic roaming partners, Verizon Wireless makes no representation of Preemption availability or reliability on such networks. Preemption is limited to select service rate plans and cannot be used in conjunction with devices or service plans utilized with dedicated internet connections (including but not limited to, stationary wireless networking router devices), streaming video on non-smartphone devices (including but not limited to, body cameras and stationary video surveillance cameras), and IoT devices are expressly prohibited from using this feature. Please note: Calls to 911 are never preempted. This feature is available to National Security, Public Safety, and First Responder customers only as defined by the following NAICS (formerly SIC) Codes: (PP# 86428 Basic/Smart Phone and 86433 Non-Phone) 621910 Ambulance Services 922110 Courts 922120 Police Protection 922130 Legal Counsel and Prosecution 922140 Correctional Institutions 922150 Parole Offices and Probation Offices 922160 Fire Protection (except private) 922190 Other Justice, Public Order, and Safety Activities 923120 Administration of Public Health Programs 928110 National Security 926120 Regulation and Administration of Transportation Programs 926150 Regulation, Licensing, and Inspection of Commercial Sectors 926130 Regulation and Administration of Comms, Electric, Gas, Utilities 921150 American Indian and Alaska Native Tribal Governments 921190 Other General Government Support 921110 Executive Offices March 6, 2020 DMS-10/11-008C v1.6 Page 39 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Private Responder Core Service for National Security, Public Safety, and Emergency Preparedness Government Liable Subscribers Only Monthly Access Fee $0.00 Verizon Wireless Private Responder Core Service for National Security, Public Safety, and Emergency Preparedness (“Private Core”): Private Core extends Customer’s IP network to its wireless equipment by segregating the data between such devices and Customer’s servers from the public Internet (the “Internet”). This service is available to National Security, Public Safety, and Emergency Preparedness customers only as defined by the following NAICS (formerly SIC) Codes*: National Security/ First Responders / Public Safety • 621910 Ambulance Service • 922110 Courts • 922120 Police Protection • 922130 Legal Counsel and Prosecution • 922140 Correctional Institutions • 922150 Parole Offices and Probation Offices • 922160 Fire Protection (except private) • 922190 Other Justice, Public Order and Safety Activities • 928110 National Security • 921190 Other General Government Support • 921110 Executive Offices 921150 American Indian/Alaska Native Tribal Governments Water • 924110 Water Infrastructure • 221320 Sewage Treatment Facilities • 221310 Water Supply and Irrigation Systems Transportation • 482111 Railway Transportation • 481111 Passenger Air Transportation • 481112 Freight Air Transportation • 483111 Shipping Transportation • 926120 Transportation Administration • 491110 Postal Service • 926120 Public Transportation • 926120 Regulation and Administration of Transportation Programs Information Technology • 541512 Computer Integration • 541519 Computer Disaster Recovery Chemical • 561612 Protective Services • 541330, 541690 Chemical Engineering and Consulting • 239210 Pharmaceutical Communications • 517110 Telecommunications, Wired • 517212 Cellular and other Wireless Telecommunications • 238210, 334290 and 561620 Alarm Systems Critical Manufacturing • 237310 Highway, Street and Bridge Construction • 811310 Industry Equipment Repair • 236210 Industrial Building Construction • 211113 Extraction; 236220 Construction Management • 926150 Regulation, Licensing and Inspection of Miscellaneous Commercial Sectors Energy • 333611 Wind Turbine • 221111 Hydroelectric Power Generation • 221122 Electric Power Distribution • 221118 Other Electric Power Generation • 221210 Natural Gas Distribution • 926130 Regulation and Administration of Communications, Electric, Gas and Other Utilities • 221113 Nuclear Electric Power Generation • 562211 Hazardous Waste Treatment and Disposal Healthcare and Public Health • 621112 Health Care Practitioners • 923120 Public Health Programs *Standard Industrial Classification (SIC) and North American Industrial Classification System (NAICS) codes identify an entity’s primary business activity. March 6, 2020 DMS-10/11-008C v1.6 Page 40 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. 4G LTE Private Network Traffic Management (PNTM) Private IP Only (fixed WAN) Government Subscribers Only Metered Data Pricing only. Not compatible with Unlimited Data Plans The plans below reflect any applicable discount. No additional discounts apply. Class of service (“CoS”) Customer can allocate bandwidth for applications into the Mission Critical CoS according to the PNTM Service Option selected. Mission Critical CoS Applications Recommended for video, Voice over IP, interactive services, and other mission critical applications. Best Effort CoS Applications Suitable for best effort applications (e.g. email, web browsing) PNTM Service Options: Enhanced (Entry Level) Premium (Mid Level) Public Safety (Highest Level) (Qualifying Public Safety NAICS Only) Monthly Access Fee (per line) Waived - $0.00 Waived - $0.00 Waived - $0.00 Mission Critical CoS Speeds Mapped Up to 0.5 Mbps Mapped Up to 2 Mbps Mapped Up to 2 Mbps Best Effort CoS Applications Speeds Remaining available 4G LTE bandwidth Remaining available 4G LTE bandwidth Remaining available 4G LTE bandwidth RF Priority on access network N/A N/A During heavy network usage periods Qualifying Public Safety NAICS: Public Safety Subscribers classified with the following NAICS codes*, performing First Responder responsibilities only. The Public Safety PNTM service option is not an on demand service. The Public Safety PNTM must be provisioned on the account prior to use in the event of an emergency situation. 621910 Ambulance Services 922110 Courts 922120 Police Protection 922130 Legal Counsel and Prosecution 922140 Correctional Institutions 922150 Parole Offices and Probation Offices 922160 Fire Protection (except private) 922190 Other Justice, Public Order, and Safety Activities 928110 National Security 926120 Regulation and Administration of Transportation Programs 926150 Regulation, Licensing, and Inspection of Misc. Commercial Sectors 926130 Regulation and Administration of Comms, Electric, Gas, and Other Utilities 921150 American Indian/Alaska Native Tribal Governments 921190 Other General Government Support 921110 Executive Offices Notes. 4G LTE Private Network subscribers with unlimited data plans are ineligible for Private Network Traffic Management. This service is only available while on Verizon Wireless’ 4G network and is not available while roaming. VZ Private IP (MPLS) connectivity required. PNTM relies on customer’s applications (VoIP, video, etc.) to appropriately mark IP sessions in order to prioritize their application over the 4G LTE Private Network using Internet Protocol Differentiated Services Code Point (IP DSCP). PNTM 4G LTE device must be certified for use on the Verizon Wireless network (e.g. Open Development/Open Access certified, validated for Private Network and Private Network Traffic Management.) * North American Industrial Classification System (NAICS) codes identify an entity’s primary business activity. March 6, 2020 DMS-10/11-008C v1.6 Page 41 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. One Talk Solution: Government Subscribers Only The plans/features below reflect any applicable discount. No additional discounts apply. One Talk is a business telephone system that combines landline and mobile phone capabilities into a fully integrated mobile and office solution providing a single telephone number (“Mobile Data Number/MDN”) with the same mobile and landline features. One Talk Solution: Desk Phone/Mobile Client Price Plan Type Line Level Plans One Talk Primary MDN Monthly Access One Talk Price Plan (100 MB Data) $10.00 One Talk Feature $15.00 One Talk Line Access Charge N/A One Talk Solution: Auto Receptionist (AR) Auto Receptionist Price Plan Type Line Level Plans One Talk Primary MDN Monthly Access One Talk AR Price Plan (100 MB Data) $10.00 One Talk AR Feature $10.00 One Talk AR Line Access Charge N/A One Talk Solution: Hunt Group (HG) Hunt Group - Every ECPD profile will be allowed to activate two Hunt Groups by default; additional Hunt Groups can be purchased as long as the ratio of active One Talk lines to Hunt Groups is 3:1 respectively Price Plan Type Line Level Plans One Talk Primary MDN Monthly Access One Talk HG Price Plan (100 MB Data) $0.00 One Talk HG Feature $0.00 One Talk HG Line Access Charge N/A Optional Features One Talk Premium Visual Voicemail $2.99 One Talk Voicemail Talk To Text $2.99 Additional Devices For MDN’s activated on a Smartphone, Desk Phone, Mobile Client, a maximum of up to eight (8) devices can be shared with the MDN as follows: 1 Smartphone, up to 2 desk phones and up to 5 mobile clients. Smartphone Device Desk Phone1 Mobile Client2 (Includes Smartphones and Tablets) Auto Receptionist/ Hunt Group Additional devices (endpoint) incur a $10.00 monthly access $0.00 for additional devices (excluding Smartphone devices with One Talk Basic Dialer) $0.00 for additional devices (excluding Smartphone devices with One Talk Basic Dialer) N/A Notes: One Talk service is applied to the Verizon Wireless MDN and is available on all of the user’s devices. One Talk is not compatible with Fax machines, credit card POS solutions, or Security Systems. One Talk calls drop if either party leaves Verizon 4G LTE coverage. When outside of the 4G LTE coverage area and without 3G or WiFi service, the device operates as a standard device (1X calling) with standard voice and SMS messaging capabilities with no One Talk features available to the user. Mobile client is the One Talk client. 1One (1) additional Desk Phone can be added as an additional device per MDN. 2Mobile Client eligible devices (includes devices from other carriers); Smartphones (without One Talk Basic Dialer), wireless and WiFi tablets; limit five (5) total per MDN (including primary device. Installing the One Talk Mobile client consumes an estimated 50MB of data. For additional information regarding One Talk please visit: http://www.verizonwireless.com/onetalk March 6, 2020 DMS-10/11-008C v1.6 Page 42 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. NETMOTION These products Do Not qualify for additional discounts Service Item Software Plan ID SKU Frequency/ Payment Plan Price Function "Mobility VPN" (Virtual Private Network for wireless connections) - An encrypted, secure tunnel for mobile devices 651968 NMSVZW-GOV- SILVER-Monthly: MONTHLY Monthly $4.33 "Mobility VPN" (Virtual Private Network for wireless connections) An encrypted, secure tunnel for mobile devices -- Works with Android, iOS, Windows and Mac devices -- Criminal Justice Information Systems (CJIS) Compliance 651969 NMSVZW-GOV- SILVER-Annual: ANNUAL Annual $52.00 "Mobility VPN" + "Modules" (Policy, Network Access Control, Mobile Analysis) 651970 NMSVZW-GOV-GOLD- Monthly: MONTHLY Monthly $6.93 All features of the Mobility VPN base product, plus the Policy, Network Access Control (NAC) and Mobile Analysis Modules 651971 NMSVZW-GOV-GOLD- Annual: ANNUAL Annual $83.20 "Mobility VPN" + "Modules" + "Diagnostics" which includes connectivity problem identification, security reinforcement, improved end user productivity and powerful reporting. 651972 NMSVZW-GOV- PLATINUM-Monthly: MONTHLY Monthly $8.67 All features of the Mobility VPN base product and the Policy, Network Access Control (NAC) and Mobile Analysis Modules, Plus Diagnostics 651973 NMSVZW-GOV- PLATINUM-Annual: ANNUAL Annual $104.00 Mobility VPN + "Modules" + "Diagnostics" + "Mobile IQ" which includes performance assessment, threat defense, cost control, location intelligence and inventory, troubleshooting and system-wide status 651974 NMSVZW-GOV- DIAMOND-Monthly: MONTHLY Monthly $13.00 All features of the Mobility VPN base product and the Policy, Network Access Control (NAC) and Mobile Analysis Modules, Plus Diagnostics + MobileIQ 651975 NMSVZW-GOV- DIAMOND-Annual: ANNUAL Annual $156.00 Comprehensive data collection and root cause detection software (add-on feature) 651976 NMSVZW-GOV- DIAGS-Monthly: MONTHLY Monthly $4.33 Comprehensive data collection and root cause detection software 651977 NMSVZW-GOV- DIAGS-Annual: ANNUAL Annual $52.00 Visual troubleshooting, analytics and alerting dashboards (add-on feature) 651978 NMSVZW-GOV-MIQ- Monthly: MONTHLY Monthly $4.33 Visual troubleshooting, analytics and alerting dashboards 651979 NMSVZW-GOV-MIQ- Annual: ANNUAL Annual $52.00 Professional Services - Up to 8 Hours 651980 11NMPS-GOV-8HR-S - One Time: ONE TIME One-Time $2,000.00 Off-site Services Professional Services - Up to 4 Hours 651981 11NMPS-GOV-4HR-S - One Time: ONE TIME One-Time $1,000.00 Off-site Services March 6, 2020 DMS-10/11-008C v1.6 Page 43 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Mobility Certification Training 651982 11NMTR-GOV-C - One Time: ONE TIME One-Time $2,295.00 Off-site Services Elite Technical Service (0 - 4,999 licenses) 651983 11NMETS-GOV - One Time: ONE TIME One-Time $30,000.00 Off-site Services Elite Technical Service (5,000+ licenses) 651984 11NMETS5K-GOV - One Time: ONE TIME One-Time $50,000.00 Off-site Services Dedicated Technical Account Manager (1 year) 651985 11NMPS-GOV-TAM - One Time: ONE TIME One-Time $40,000.00 Off-site Services Note: Customer may purchase NetMotion Software, Inc. (“NetMotion”) licenses and services (“NetMotion Services”) at the prices listed above. NetMotion Services listed in the pricing sheet marked with an asterisks *** cannot be mixed or matched with other NetMotion Licenses or Services. Verizon Wireless is not the licensor of the NetMotion Services and makes no representations or warranties whatsoever, either express or implied, with respect to them. NetMotion Services are manufactured by NetMotion. NetMotion Software is subject to a separate End User License Agreement (EULA) with NetMotion, found at https://www.netmotionsoftware.com/legal-and-copyright. Use of the NetMotion licenses or NetMotion Services is deemed to be the Customer's acceptance of the terms of the EULA. Customer must accept the EULA as the party liable for each license, and agrees that the Customer will comply with the obligations under the EULA. Verizon Wireless reserves the right to (i) modify or discontinue the Solution in whole or in part and/or (ii) terminate the Solution at any time without cause. Customer's sole and exclusive remedy for any damages, losses, claims, costs, and expenses arising out of or relating to use of the Solution will be termination of service. Any additional NetMotion Services must be obtained directly from NetMotion either upon purchase or installation of the NetMotion Services. NetMotion Services are subject to NetMotion’s terms and conditions and can be viewed here: https://www.netmotionsoftware.com/legal-and-copyright. Verizon Wireless will direct NetMotion to fulfill Customer’s NetMotion Services order. Basic functionality questions and other general customer support can be obtained by calling Verizon Wireless Customer Support. All other customer support questions and issues for NetMotion Services must be obtained directly from NetMotion Software, Inc. If Verizon Wireless, in its sole discretion, determines that an inquiry from a subscriber is related to NetMotion Services and is not one concerning Equipment or Wireless Service, it may transfer the service request to appropriate NetMotion representatives. March 6, 2020 DMS-10/11-008C v1.6 Page 44 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. March 6, 2020 DMS-10/11-008C v1.6 Page 45 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. WIRELESS EQUIPMENT Equipment Pricing (NEW) SOFL Device Tier Device Category Description All Tiers Conventional and/or Push-to-Talk Plus (“PTT+”) One (1) voice device at no charge per 20 months/ per line. One (1) PTT device at no charge per 20 months/ per line. Make and model at Verizon Wireless sole discretion, subject to availability. All Categories (includes Smartphone) SOFL Approved Government Equipment Matrix devices. Verizon Wireless Government 10K 2yr matrix pricing only. Notes: Verizon Wireless reserves the right to add or discontinue models. Equipment is subject to availability. Verizon Wireless’ Government Equipment Matrix is updated at a minimum quarterly based upon equipment availability, changes in technology, and market conditions. Not eligible for any other promotional pricing offers. Equipment becomes eligible for upgrade after 20 months in service. Customer Premise Equipment Device Category Description Discount Indoor Cellular Signal Amplifier Currently Network Extender 25% off retail* Wireless Cellular Router Device Portfolio (TBD) 25% off retail* Wireless 4G LTE Modem Device Make and model at Verizon Wireless sole discretion, subject to availability. Not available on per megabyte plans. Excludes tablets and net books. One (1) 4GLTE modem device at no charge per line per 20 month period. Notes: Verizon Wireless reserves the right to add or discontinue models. Equipment is subject to availability. Verizon Wireless’ Government Equipment Matrix is updated at a minimum quarterly based upon equipment availability, changes in technology, and market conditions. Not eligible for any other promotional pricing offers. Equipment purchased through Verizon Wireless becomes eligible for upgrade after 20 months in service. *25% discount applies to the non-discounted, full retail price only of qualifying equipment. Accessory Discount Government Subscribers are eligible to receive a 25% discount from the non-discounted, retail price of qualifying accessories March 6, 2020 DMS-10/11-008C v1.6 Page 46 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Verizon Wireless Calling Plan and Feature Details Verizon Wireless Calling Plan Optional Services. Additional fees may be required as per the individual calling plans. Calling Plans and Associated Charges: Some calling plans or monthly access price points may not be available in all markets. Subscriber’s first partial and full month’s access will not be refunded after activation of the Wireless Service. Activation fees are waived for all Government Subscribers. Charges for calls will be based on the cell sites used, which may be outside the calling plan coverage area even when the Subscriber is physically within the coverage area. Time of the call is based on the telephone switching office that carries the call, which may be different from the time of day shown on Subscriber’s phone. Rates do not apply to credit card or operator-assisted calls, which may be required in certain areas. Usage rounded up to the next full minute. Unused minutes and/or Megabytes are lost. On outgoing calls, charges start when Subscriber first presses SEND or the call connects to a network, and on incoming calls, when the call connects to a network (which may be before it rings). A call may end several seconds after Subscriber presses END or the call otherwise disconnects. Calls made on the Verizon Wireless network, are only billed if they connect (which includes calls answered by machines). Billing for airtime and related charges may sometimes be delayed. Calls to "911" and certain other emergency services are toll-free and airtime-free, however, airtime may be charged when dialing toll-free numbers. All features may not be available in all Verizon Wireless markets. Home Airtime and Roaming: Home airtime minutes apply when making or receiving calls from a calling plan’s home rate and coverage area. Coverage information is available at www.verizonwireless.com. Airtime is rounded up to the next full minute. Allowance minutes/Megabytes are not transferable except as may be available on calling plans with sharing. Subscribers must periodically dial *228 to update roaming information. Automatic roaming may not be available in all areas and rates may vary. Roaming charges may be delayed to a later bill. Long Distance: Unlimited domestic long distance is included when calling from the calling plan’s home rate and coverage area, unless otherwise specified in the calling plan. Customer’s Cell Phone Number and Caller ID. Verizon Wireless will assign one Mobile Telephone Number (“MTN”) to each Subscriber line. Other than as required to port an MTN, Customer does not have any property right in the MTN and Verizon Wireless may change, reassign, or eliminate an MTN upon reasonable notice to Customer under certain circumstances, including fraud prevention, area code changes and regulatory or statutory law enforcement requirements. Verizon Wireless Calling Plan Included Features Call Waiting 1,6 Three Way Calling 1,6 Call Forwarding 6 No Answer/ Busy Transfer 6 Caller ID 2,6 Basic Voice Mail 3,6 411 Connectsm 4,6 (Directory Assistance) Basic TTXT Messaging 5 1Airtime charges apply to all calls simultaneously. 2When making a call, Subscriber’s MTN may be displayed to the receiving party with Caller ID capable Equipment. Caller ID service may not be available outside home airtime rate and coverage areas, and may not be compatible with certain enhanced features. Caller ID can be blocked for most calls by dialing *67 before each call, or by ordering per-line call blocking where available. Calls to some numbers, such as toll-free numbers, cannot be blocked. 3Airtime charges apply to message retrieval. 4411 Connect, directory assistance with automatic call completion is subject to a per call fee plus airtime charges. Directory assistance rates are subject to change. 5TXT Messaging offered at the prevailing rate, currently $0.02 per inbound and $0.10 per outbound message per address. TXT message charges are subject to change. 6Feature not included on NationalAccess and BroadbandAccess Unlimited or Megabyte (MB) calling plans at no charge, but are available at the prevailing Verizon Wireless rates. Push to Talk Plus: Push to Talk Plus capable Equipment required. Push to Talk Plus capable Equipment can only be used with a Push to Talk Plus calling plan. Subscribers switching from a Push to Talk Plus Calling Plan to another calling plan may not be able to use certain Push to Talk Plus capable Equipment with the new plan. Push to Talk Plus calls may only be made with other Verizon Wireless Push to Talk Plus subscribers. Push to Talk Plus Subscribers may initiate or participate on a call, simultaneously, with as many as 250 total participants (total is limited to (50) if interoperating between 3G and 4G participants). Administrators can be designated to manage the Push to Talk contact lists via a single website interface with a single user name/password. Existing Push to Talk Subscriber Equipment may require a software upgrade to use Push to Talk Plus or replacement with a Push to Talk Plus capable device. Push to Talk Plus is only available within the National Enhanced Services Rate and Coverage Area and WiFi access points. There will be a delay from the time a Push to Talk Plus call is initiated until the Push to Talk Plus call is first received by the called party.. If an incoming voice call is received while on a Push to Talk Plus call the voice call may be answered and the Push to Talk Plus placed on hold. If an incoming Push to Talk Plus call is received while on a Push to Talk Plus call the PTT call icon can be selected to connect to the Push to Talk Plus call. If the incoming voice or Push to Talk Plus call is not answered a missed call alert will display. Network registration information will be sent to the Equipment each time it is powered on in the National Enhanced Services Rate and Coverage Area, each time the Subscriber travels into the National Enhanced Services Rate and Coverage Area, and every 12 hours if the Subscriber stays within the National Enhanced Services Rate March 6, 2020 DMS-10/11-008C v1.6 Page 47 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. and Coverage Area. While the updated network registration information is being sent to the Equipment, incoming voice calls will go directly to voice mail. Contact list cannot be modified from certain Equipment. Subscriber cannot prevent others who have the Subscriber’s MTN from entering the MTN into their Push to Talk contact list. Only one person can speak at a time during a Push to Talk Plus call. . In-Call Talker Override (Talker Priority) allows a pre-determined user priority to take the floor to communicate urgent message over participant. Push to Talk Plus services cannot be used for (i) access to the Internet, intranets or other data networks, except as the device’s native applications & capabilities permit, (ii) any applications that tether Equipment to laptops, personal computers or other devices for any purpose. Please visit our website www.verizonwireless.com for additional Push to Talk information. Mobile to Mobile: Mobile to Mobile minutes apply when making calls directly to or receiving calls directly from another Verizon Wireless Subscriber while in the America’s Choice Home Rate and Coverage area. Mobile to Mobile does not apply to fixed wireless devices with usage substantially from a single cell site, for Push to Talk calls, if Call Forwarding or No Answer/Busy Transfer features are activated, or to data usage. Mobile to Mobile is not available to Subscribers whose current wireless exchanges restrict the delivery of Caller ID. Mobile to Mobile minutes will be applied before home airtime minutes.* Night and Weekends: Applies to calls made in a calling plan’s home rate and coverage area only during the following hours: 9:01pm Friday through 5:59am Monday and 9:01pm to 5:59am Monday through Friday.* *NOTE: If both Night and Weekend and Mobile to Mobile minute allowances apply to a given call, Mobile to Mobile minutes will apply before Night and Weekend minutes. However, if either allowance is unlimited, the unlimited allowance will always apply first. TXT Messaging: TXT Messaging includes Short Message Service (SMS up to 160 characters) and Enhanced Messaging Service (EMS up to 1120 characters). Enhanced TXT Messages sent to most SMS handsets will be delivered as multiple TXT messages of up to 160 characters each. Subscribers have the option to have text messages disabled entirely without affecting voicemail or other related services. TXT Messaging plans do not include Operator Assisted Messaging or International Messaging, which is available for 25¢ per message sent and 10¢ per message received; see http://vtext.com for details and countries. Verizon Wireless is not responsible for information sent using TXT Messaging or Enhanced TXT Messaging. Verizon Wireless cannot guarantee that messages will be received and is not responsible for messages that are lost or misdirected. Messages not delivered after 5 days are automatically deleted. Airtime charges do not apply to the sending or receiving of text messages. When sending messages from Equipment, the sender’s MTN will always be sent to the destination, even if Caller ID is used to block voice calls. Mobile to Mobile Messaging: Cannot be combined with any other package that includes a TXT or PIX&FLIX allowance. Mobile to Mobile Messaging applies only to TXT/ PIX/ FLIX messages sent to and received from other Verizon Wireless Subscribers’ phones, while both wireless Subscribers are within the National Enhanced Services Rate and Coverage Area. Additional messages apply to PIX Place, VTEXT/ TXT Alerts/ getAlerts, Instant Messaging (IM), Email, Premium Text Services, TXT/PIX/FLIX sent to non-Verizon Wireless customers, these messages will be decremented from the Subscriber’s Additional Message allowance, or billed as overage. Additional Messages may not be applied toward International TXT Messaging, which cost 25¢ per message sent and 10¢ per message received; see http://vtext.com for details and countries. Multi-Media Messaging (MMS): Multi-Media Messaging (MMS) includes Picture (PIX) and Video (FLIX) messaging and is only available within the National Enhanced Services Rate and Coverage Area. In addition to MMS charges, MMS uses calling plan home airtime minutes or kilobytes. Canceling an MMS after pressing SEND may result in sent messages that contain only partial content. Subscriber will be charged for outgoing MMS, even if not received by the intended recipient, or even if only partial content is delivered. Subscriber will not be charged for incoming MMS unless received. MMS that cannot be delivered within 5 days will be deleted. MMS is not available for use with a Mobile Office Kit. Camera phones are prohibited in some places. Subscribers are solely responsible for complying with all applicable laws, rules, regulations and policies regarding camera phone use. Mobile Web: Airtime charges apply when using Mobile Web. Mobile Web Alerts are sent as TXT Messages and are subject to TXT Messaging pricing, plan details . Complete feature details for Mobile Web may be found at www.verizonwireless.com International Long Distance: International Long Distance is available but may be subject to a 90-day payment history with Verizon Wireless. International long distance rates will vary and do not apply to calls to Canada, Puerto Rico, the U.S. Virgin Islands and some U.S. Protectorates, or to credit card or operator assisted calls. Verizon Wireless International Long Distance Value Plan: Requires subscription to a qualifying calling plan and international dialing capability (I- DIAL). The ability to make international calls is not guaranteed and may be restricted without notice. Rates apply only on calls to Value Plan countries made from calling plan home airtime rate and coverage areas. If a calling plan includes calls to any Value Plan country, those calls will be billed per the requirements of the calling plan except when roaming on another carrier’s network, in which case that carrier’s rates will apply. Current international calling rates may be found at www.verizonwireless.com. International Roaming (Global Phone): Availability of calling features and TXT messaging varies by country and network. Existing Subscribers who purchase a Global Phone may have to set up a new voice mailbox and, if so, will lose access to previously stored messages upon activation of Global Phone. Voice mail messages will be time-stamped Eastern Time. Calls to voice mail will appear on the bill as calls to the Subscriber’s MTN. Actual availability of service in foreign countries may vary and is subject to change. Taxes and other regulatory surcharges may apply and may vary by country. While roaming on another carrier’s wireless network, dialing rates and country availability may vary due to the roaming carrier’s international dialing policies. Billing for airtime used when roaming may be delayed up to two billing cycles. By using Equipment outside the United States, Subscriber is solely responsible for complying with all applicable foreign laws, rules and regulations (“Foreign Laws”), including Foreign Laws regarding use of wireless phones while driving and use of wireless camera phones. Verizon Wireless is not liable for any damages that result from Subscriber’s failure to comply with Foreign Laws. Roaming in GSM countries: GSM Global Phone, activated in the United States with compatible Subscriber Identity Module (SIM) card required. Ratesand plan details apply only when roaming on participating GSM networks in published Global Phone countries. Service may be available in March 6, 2020 DMS-10/11-008C v1.6 Page 48 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. additional countries, but airtime rates, availability of calling features, and ability to receive incoming calls (including return calls from emergency services personnel) may be restricted. Where TXT messaging is available, Customer will be charged $0.50 for each message sent and $0.05 for each message received. TXT messaging rates are subject to change. TXT messages cannot exceed 140 characters and may be sent only to MTNs of (i) Verizon Wireless customers, and (ii) customers of foreign wireless carriers that participate in international text messaging. Check http://vtext.com for the most current list of participating foreign carriers. TXT messages cannot be sent to e-mail addresses. Data Services Data Services: Verizon Wireless charges you for all data and content sent or received using our network (including any network overhead and/or Internet Protocol overhead associated with content sent or received), as well as resolution of Internet Protocol addresses from domain names. Sending or receiving data using a virtual private network (VPN) involves additional VPN overhead for which you will be charged. Please note that certain applications or widgets periodically send and receive data in the background, without any action by the user, and you will be billed for such data use. Applications may automatically re-initiate data sessions without you pressing or clicking the SEND or connect button. Data sessions automatically terminate after 24 hours. A data session is inactive when no data is being transferred. Data sessions may seem inactive while data is actively being transferred, or may seem active when the data is actually cached and data is not being transferred. If you have a Data Only plan and use voice service, domestic voice calls will be billed at $0.25/minute. Verizon Wireless is implementing optimization and transcoding technologies in our network to transmit data files in a more efficient manner to allow available network capacity to benefit the greatest number of users. These techniques include caching less data, using less capacity, and sizing the video more appropriately for the device. The optimization process is agnostic to the content itself and to the website that provides it. While Verizon Wireless invests much effort to avoid changing text, image, and video files in the compression process, and while any change to the file is likely to be indiscernible, the optimization process may minimally impact the appearance of the file as displayed on your device. For a further, more detailed explanation of these techniques, please visit verizonwireless.com/vzwoptimization. Verizon Wireless strives to provide customers with the best experience when using our network, a shared resource among tens of millions of customers. To further this objective, Verizon Wireless has implemented Network Optimization Practices designed to ensure that the overwhelming majority of data customers aren’t negatively impacted by the inordinate data consumption of a few users. If you use an extraordinary amount of data and fall within the top 5% of Verizon Wireless data users, Verizon Wireless may reduce your data throughput speeds when connected to a congested cell site. The reduction can last for the remainder of the current bill cycle and the immediately following bill cycle to ensure high quality network performance for other users at locations and times of peak demand. For a further more detailed explanation of these techniques please visit verizonwireless.com/vzwoptimization. Data transfer amounts will vary based on application. If you download an audio or video file, the file may be downloaded in sections or in its entirety; data charges will apply to the portion downloaded, regardless of whether you listen to or watch all of it. You may access and monitor your own data usage during a particular billing period, including during the Return Period, by accessing My Verizon online or by contacting Customer Service. Data Services: Permitted Uses: You can use Verizon Wireless Data Services for accessing the Internet and for such uses as: (i) Internet browsing; (ii) email; (iii) intranet access (including accessing corporate intranets, email and individual productivity applications made available by your company); (iv) uploading, downloading and streaming of audio, video and games; and (v) Voice over Internet Protocol (VoIP). Data Services: Prohibited Uses. You may not use our Data Services for illegal purposes or purposes that infringe upon others' intellectual property rights, or in a manner that interferes with other users' service, that violates trade and economic sanctions and prohibitions as promulgated by the Departments of Commerce, Treasury or any other U.S. government agency, that interferes with network's ability to fairly allocate capacity among users, or that otherwise degrades service quality for other users. Examples of prohibited usage include: (i) server devices or host computer applications that are broadcast to multiple servers or recipients such that they could enable “bots” or similar routines (as set forth in more detail (ii) below) or otherwise denigrate network capacity or functionality; (ii) “auto-responders, ”cancel-bots,” or similar automated or manual routines that generate amounts of net traffic that could disrupt net user groups or e-mail use by others; (iii) generating “spam” or unsolicited commercial or bulk e-mail (or activities that facilitate the dissemination of such e-mail); (iv) any activity that adversely affects the ability of other users or systems to use either Verizon Wireless’ services or the Internet-based resources of others, including the generation of dissemination of viruses, malware, or “denial of service” attacks; (v) accessing or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate Verizon Wireless’ or another entity’s network or systems; or (vi) running software or other devices that maintain continuous active Internet connections when a computer’s connection would otherwise be idle or “any keep alive” functions, unless they adhere to Verizon Wireless” requirements for such usage, which may be changed from time to time. Verizon Wireless further reserves the right to take measures to protect our network and other users from harm, compromised capacity or degradation in performance. These measures may impact your service, and Verizon Wireless reserves the right to deny, modify or terminate service, with or without notice, to anyone Verizon Wireless believes is using Data Services in a manner that adversely impacts the Verizon Wireless network. Verizon Wireless may monitor your compliance, or other subscribers’ compliance, with these terms and conditions, but Verizon Wireless will not monitor the content of the communications except as otherwise expressly permitted or required by law. [See verizonwireless.com/privacy] Unlimited Data Plans and Features (such as NationalAccess, BroadbandAccess, Push to Talk, and certain VZEmail services) may ONLY be used with wireless devices for the following purposes: (i) Internet browsing; (ii) email; and (iii) intranet access (including access to corporate intranets, email, and individual March 6, 2020 DMS-10/11-008C v1.6 Page 49 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. productivity applications like customer relationship management, sales force, and field service automation). The Unlimited Data Plans and Features MAY NOT be used for any other purpose. Examples of prohibited uses include, without limitation, the following: (i) continuous uploading, downloading or streaming of audio or video programming or games; (ii) server devices or host computer applications, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine–to–machine connections or peer–to–peer (P2P) file sharing; or (iii) as a substitute or backup for private lines or dedicated data connections. This means, by way of example only, that checking email, surfing the Internet, downloading legally acquired songs, and/or visiting corporate intranets is permitted, but downloading movies using P2P file sharing services and/or redirecting television signals for viewing on laptops is prohibited. For individual use only and not for resale. We reserve the right to protect our network from harm, which may impact legitimate data flows. We reserve the right to limit throughput or amount of data transferred exceeding 5 GB in a given billing cycle on any line, in any given billing cycle,, and reserve the right to deny or terminate service, without notice, to anyone we believe is using an Unlimited Data Plan or Feature in any manner prohibited above or whose usage adversely impacts our network or service levels. Anyone using more than 5 GB per line in a given billing cycle is presumed to be using the service in a manner prohibited above, and we reserve the right to immediately terminate the service of any such person without notice. We also reserve the right to terminate service upon notification to the customer. Unlimited VZAccess and VZEmail: NationalAccess, BroadbandAccess, and GlobalAccess data sessions may be used for the following purposes: (i) Internet browsing, (ii) e-mail, and (iii) intranet access (including access to corporate intranets, e-mail and individual productivity applications like customer relationship management, sales force and field service automation). Unlimited VZAccess, VZEmail and Push to Talk services cannot be used (i) for uploading, downloading or streaming of movies, music or games, (ii) with server devices or with host computer applications, other than applications required for BlackBerry or Wireless Sync service, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, Voice over IP (VoIP), automated machine-to-machine connections, or peer-to-peer (P2P) file sharing, or (iii) as a substitute or backup for private lines or dedicated data connections. Additionally, Unlimited VZEmail services cannot be used for, (i) access to the Internet, intranets or other data networks, except as the Equipment’s native applications and capabilities permit, or (ii) for any applications that tether Equipment to laptops or personal computers other than for use of the Wireless Sync or BlackBerry Solutions. Unlimited BroadbandAccess and NationalAccess data sessions automatically terminate after 2 hours of inactivity, unless Subscriber has Mobile IP (MIP) capable Equipment Data Roaming: In the Canadian Broadband and Canadian Enhanced Services Rate and Coverage Areas, usage will be charged at a rate of $0.002/KB or $2.05/MB. In the Mexican Enhanced Services Rate and Coverage Area, usage will be charged at a rate of $0.005/KB or $5.12/MB. In other available countries, usage will be billed at a rate of $0.02/KB or $20.48/MB. International Eligibility is needed to roam in many destinations. Current coverage details, and list of Other Available Countries can be found at www.verizonwireless.com/global GlobalAccess: Global PC Card required for international use. Global PC Cards will not work in the United States or Canada and GlobalAccess Subscribers will need a NationalAccess or BroadbandAccess PC card for domestic use. The domestic and Global PC Cards cannot be used at the same time. GlobalAccess Subscribers must activate and update their Preferred Roaming lists while in the National Enhanced Services Rate and Coverage Area every three months. Verizon Wireless reserves the right to terminate the service of any Subscriber whose total usage is less than half on the Verizon Wireless National Enhanced Services Rate and Coverage Area over three consecutive billing cycles. Verizon Wireless SIM Cards are for use only with the Global PC Card and only for the purpose of this service. Subscriber is responsible for any unauthorized use of its SIM Cards and must safeguard security codes. Upon termination of service, Subscriber must destroy SIM Card. By using your Global PC Card outside the United States, Subscriber is solely responsible for complying with all applicable Foreign Laws. Verizon Wireless will not be liable for any damages that result from Subscriber’s failure to comply with Foreign Laws. GlobalEmail: GlobalEmail capable equipment required. Verizon Wireless reserves the right to terminate the GlobalEmail service of Subscribers that have less than half of their usage on the Verizon Wireless National Enhanced Services Rate and Coverage Area over three consecutive billing cycles. SIM Cards are for use with GlobalEmail Equipment, and only for the purpose of GlobalEmail service. Customer is responsible for any unauthorized use of SIM Cards, and must safeguard security codes. Upon termination of service, please destroy any applicable SIM Cards. Subscribers using GlobalEmail outside the United States, agree that they are solely responsible for complying with all applicable foreign laws, rules and regulations (“foreign laws”). Customer agrees that Verizon Wireless is not liable for any damages that result from Subscriber’s failure to comply with foreign laws. GlobalEmail Subscribers must activate and update their Preferred Roaming lists while in the National Enhanced Services Rate and Coverage Area every three months. TXT messaging billed at standard domestic and international TXT Messaging rates. Existing Verizon Wireless Subscribers migrating to GlobalEmail plans may be required to extend their Line Term. Share Option: Sharing is available only among Government Subscribers on applicable calling plans choosing the Share Option. America’s Choice for Business & Voice and Data Choice Bundles for Business Subscribers: (NOTE: Subscribers to America’s Choice for Business and Voice and Data Choice Bundles for Business can share voice minutes across these plans and price points subject to some billing system limitations.). Sharing on these calling plans is for voice home airtime minutes only. Customer must maintain a minimum of five (5) Government Subscriber lines, all choosing a qualifying plan with Share Option. Sharing may only be available among Subscribers activating Wireless Service in the same Verizon Wireless market or group of markets (geographic regions may contain multiple Verizon Wireless markets). Sharing may require all Subscribers to be on the same billing account. Each sharing Subscriber’s unused anytime minutes will pass to other sharing Subscribers that have Share Option March 6, 2020 DMS-10/11-008C v1.6 Page 50 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. exceeded their anytime minutes during the same monthly billing period (Mobile to Mobile minutes and Night and Weekend minutes do not share). Each sharing Subscriber’s Monthly Home Airtime Allowance Minutes apply first to that line. Unused Monthly Home Airtime Minutes are then shared with other sharing Subscribers that have exceeded their Monthly Home Airtime Allowance in order of highest usage. At the termination of the Agreement, Government Subscriber lines on America’s Choice for Business with Share Option may be migrated onto applicable retail consumer pricing or Government pricing. Calling plan changes may not take effect until the billing cycle following the change request. Based on the geographic location of Customer’s Government Subscribers, some Customers may have to have sharing Subscribers activated in more than one Verizon Wireless billing system. Sharing among Subscribers in multiple Verizon Wireless billing systems requires online invoicing or reporting, and a minimum of one hundred (100) Government Subscribers all choosing the Share Option. Unused minutes for cross billing system sharing will be distributed proportionally as a ratio of the minutes needed by each sharing Subscriber to the total minutes needed by all sharing Subscribers. Accounts that share across Verizon Wireless billing systems require set up that may take thirty (30) to sixty (60) days. A data session is inactive when no data is being transferred, and may seem inactive while data is actively being transferred to a device, or seem active when actually cached and not transferring data. Customer must maintain virus protection when accessing the service and is responsible for all data sent and received including “overhead” (data that is in addition to user-transmitted data, including control, operational and routing instructions, error- checking characters as well as retransmissions of user-data messages that are received in error) whether or not such data is actually received. Verizon Wireless will not be liable for problems receiving Service that result from Customer’s device. Megabyte (MB) Data Plans: M2M data usage is rounded to next full kilobyte at end of each billing cycle. Any unused portion of the megabyte allowance is lost. Equipment will not indicate kilobyte usage. NationalAccess Roaming Feature: Not for use with Mobile Office Kits. Dynamic IP addresses will be assigned when roaming. Usage rounded up to next full kilobyte. For information on where NationalAccess Roaming is available, see www.verizonwireless.com. Data Roaming: In the Canadian Broadband and Canadian Enhanced Services Rate and Coverage Areas, usage will be charged at a rate of $0.002/KB or $2.05/MB. In the Mexican Enhanced Services Rate and Coverage Area, usage will be charged at a rate of $0.005/KB or $5.12/MB. For more information on roaming in Canada and Mexico, visit verizonwireless.com/naroaming. In the Bermuda, China, Dominican Republic, Guam, India, Israel, Saipan and South Korea Enhanced Services Rate and Coverage Areas, usage will be billed at a rate of $0.02/KB or $20.48/MB. I-Dial is needed to roam in many destinations. Only the Canadian Broadband Rate and Coverage Area supports EV-DO. One Talk from Verizon, together with its related devices, software and applications ("Service" or “One Talk”), is a commercially available business telephone solution that brings together the functions of office phones and mobile devices (smartphones and tablets) into a unified system, with all devices sharing the same communication features. (See https://www.verizonwireless.com/support/one-talk-features/ for a listing of features currently available with the Service.) The following terms of service apply to the One Talk Service. “Customer” means the eligible entity purchasing the One Talk service under the Contract along with any Customer end users using the Service. 1. Customer Agreement. Customer’s use of the Service is subject to all Contract terms. This applies regardless of whether the end user device is on the Customer’s account or paid for by the end user (e.g. a Bring Your Own Device arrangement between Customer and end user). 2. How the Service Works. For the Service to work on wireless devices, Customer must select the line on your agency’s profile to which you wish to add the One Talk feature. Each One Talk phone number can be shared with up to eight (8) devices (which can include one (1) smartphone using One Talk in Basic Dialer mode (if available), five (5) smartphones and/or tablets using the One Talk Mobile App, and two (2) desk phones. (Note that desk phones are not required for the Service.) You may only make voice and/or video calls with up to three (3) devices per One Talk phone number at the same time. The Service is not compatible with all price plans and desk phones are not available under all contracts. Check with your sales representative for plan compatibility with the Service and the availability of desk phones under the Contract. Customer is solely responsible for managing its end user access to the One Talk Service, management of end user devices and management of information transmitted via the Service. Addition of devices and associated Service features is managed and administered by the Customer through Verizon Wireless’ web portal. A. One Talk Components One Talk Basic Dialer. If available, the One Talk Basic Dialer adds various business features to a compatible device’s native dialer, which on a compatible smartphones (see https://www.verizonwireless.com/support/compatible-one-talk-devices/ for a current list of supported devices.) With One Talk in Basic Dialer mode, Customer’s One Talk phone number will be the same as its Verizon Wireless phone number. Other devices that you select will share the same One Talk phone number. One Talk Mobile App. The One Talk Mobile App is available for smartphone and tablets either from the Google PlayTM Store for devices with AndroidTM M2M Data Plans and Feature Details One TalkSM and Message+ from Verizon - Government Terms of Service March 6, 2020 DMS-10/11-008C v1.6 Page 51 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. 5.0 or higher or from the Apple® App Store for devices with iOS 9.0 or higher. To use the Service, Customer must add a One Talk phone number to the Mobile App and end users must use the Mobile App to make voice and video calls and to send and receive messages. You can also obtain access to One Talk features through the Mobile App. With the Mobile App, the device will have two phone numbers – one for its original native dialer (if available), and the other for the One Talk number. Other associated devices will share the same One Talk number. Users may install the One Talk Mobile App on a compatible device, including devices receiving service from other carriers. In such circumstances, One Talk phone numbers must be added to their devices, and the users will be Verizon Wireless subscribers for purposes of the Service only, even if they continue to use a different carrier for their original mobile telephone numbers. In order to use messaging through the One Talk Mobile App, the customer also must add the Message + App. Message+ App. The Message+ App provides an integrated and customized messaging experience across an end user’s mobile phone, tablet, PC, and other devices, and an integrated calling experience across a user’s mobile phone and tablet. (Note that integrated calling is not part of the One Talk Service.) An end user can also send group, location and other multimedia messages (“MMS”) in addition to traditional text messages. The Message+ App includes an Integrated Messaging feature that lets users send and receive text and multimedia messages on an end user’s smartphone, tablet, computer or the web using a user’s Verizon One Talk mobile telephone number. The service syncs up to 90 days of messages across an end user’s devices. One Talk Desk Phones. One Talk desk phones are Voice-over-Internet Protocol (VoIP) devices that must be purchased from Verizon Wireless. At your location, you will need separate broadband service (from Verizon or another ISP), either Ethernet or Wi-Fi connectivity, and AC power. Check with your Verizon Wireless sales representative for the availability of desk phones under the Contract. Auto Receptionist: Hunt Group. In order to utilize either of these features, Customer must activate a new Verizon Wireless line or port in a line from another carrier. The settings for the line must be configured using the One Talk section of the My Business web portal. B. Charges For each One Talk line, you will be charged a monthly recurring fee for the Service, in addition to the charges for data, voice, and messaging based on your service plan. Charges for international use may apply. You may be assessed additional 911 surcharges if required by law, for up to a maximum of three devices on each mobile phone number during the applicable billing cycle. Desk Phones. Voice and video calls to and from One Talk desk phones will consume data on your existing broadband, cellular, or Wi-Fi connection. The following applies if you use the VZW network to connect to the Service: One Talk Basic Dialer. Adding the One Talk feature to a smartphone does not consume any data. If you have a device that supports video calling, the voice portion will be billed as minutes of use and the video portion will be billed as data. Voice calls will be billed as minutes of use only. One Talk Mobile App. Your download of the One Talk Mobile App will consume approximately 30 MB of data. Your use of the Service (including your download of the One Talk Mobile App) will be billed as data. Auto Receptionist; Hunt Group. You will be charged a monthly recurring fee for each Auto Receptionist and Hunt Group line in your company’s profile. Integrated Calling Charges (Message+). Integrated Calling does not have a separate monthly service fee, but data usage charges will be incurred in accordance with Customer’s service plan. If a call is transferred among connected devices, each transfer will be billed as a separate call. Also, depending on the service address, Customer may be assessed an additional 911 charge if required by law. Any call made from a tablet to a U.S. number will be treated as a domestic call, no matter where the call originates. Any call made from a tablet to a non-U.S. number will be treated as an international long distance call that originates in the U.S., which is subject to U.S. taxes, fees and Verizon surcharges, no matter where the call actually originates. These calls will be billed in accordance with Customer’s international calling plan and/or international Contract rates. 3. Emergency 911 Calls. End users can make a 911 call over a Wi-Fi connection when using the Service, but whenever possible, end users should avoid doing so because 911 calls over a WiFi connection will not work if there is a failure of your broadband connection or electrical power, or if the 911 system doesn’t recognize the address. In addition, when using a One Talk desk phone, voice functionality (including the ability to make and receive 911 calls) will not be available during a power outage, broadband connection failure or other service disruption. Before any desk phone can be activated or the Service can be activated on any device, Customer must enter the U.S. address where Customer wants emergency services to be sent if end users call 911. It is not necessary to use the same address for all devices. It is very important that Customer updates its 911 address whenever Customer changes its location for any of these devices because this is the location that will be given to emergency services when end users dial 911. End users can go to their mobile device’s Settings and change their 911 address at any time. Customer can change the 911 address for a desk phone on the One Talk section of the My Business web portal. (Note: With a smartphone using the One Talk Mobile App, emergency services will use the 911 address only if you use Wi-Fi to make the 911 call. If end users are using the Verizon Wireless Network, their smartphone’s built-in capabilities will provide the location of the end user’s device.) March 6, 2020 DMS-10/11-008C v1.6 Page 52 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. 4. Integrated Messaging Text Message Feature. To send and receive SMS messages, Mobile devices associated with either One Talk Basic Dialer (if available) or One Talk Mobile App must download the Message+ App to the device. The Integrated Messaging functionality of Message+ enables you to synchronize messages across multiple devices, including smartphones, tablets and the web. Text messages sent and received while using the Service are separate from the native texting app (dual numbers) and are only temporarily retained on the One Talk message platform in the cloud. End users with access to the Service on a Smartphone or the Mobile Client can retrieve/download any text message sent or received using the Service. 5. HIPAA. Integrated Messaging is not designed for secure transmission or storage of personal healthcare information. Therefore, Customer agrees not to use Service to store or transmit Protected Health Information (PHI) as defined in the Health Insurance Portability & Accountability Act of 1996 and the Health Information Technology for Economic and Clinical Health Act of 2009 and accompanying regulations (collectively “HIPAA”). Covered Entities and Business Associates (as defined by HIPAA) will not use Integrated Messaging to store or transmit PHI. Customers that do not want its end users to save messages to the cloud (including all Covered Entities and Business Associates, as defined by HIPAA), must have an authorized representative block Integrated Messaging. For further information, go to https://www.verizonwireless.com/support/verizon-messages- legal/. To learn more about HIPAA, go to: http://www.hhs.gov/ocr/privacy/hipaa/understanding/index.html. 6. Service Limitations. The Service is not compatible with fax machines, credit card machines or certain security systems. Your Verizon Wireless representative can suggest other possible solutions for some of these functions. Please check with your provider to confirm the compatibility requirements of your security system. 7. Important Service Disclosures. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICE IS IMPLEMENTED WITHOUT SPECIFIC CONTROLS THAT MAY GENERALLY BE REQUIRED OR CUSTOMARY FOR CUSTOMERS IN ANY PARTICULAR INDUSTRY AND ARE NOT DESIGNED TO SATISFY ANY SPECIFIC LEGAL OBLIGATIONS. CUSTOMER IS SOLELY RESPONSIBLE FOR DETERMINING THAT THE SERVICE SATISFIES ANY LEGAL, REGULATORY OR CONTRACTUAL OBLIGATIONS CUSTOMER MAY HAVE. CUSTOMER AGREES TO USE THE SERVICES IN ACCORDANCE WITH ALL APPLICABLE LAWS AND NOT TO USE THE SERVICES IN ANY MANNER THAT MAY IMPOSE LEGAL, REGULATORY OR CONTRACTUAL OBLIGATIONS ON VERIZON WIRELESS, OTHER THAN THOSE WITH WHICH WE HAVE EXPRESSLY AGREED TO COMPLY IN THIS ADDENDUM. CUSTOMER IS ON NOTICE THAT ANY TEXT MESSAGES DELIVERED TO A DEVICE USING THE SERVICE WILL REMAIN ON THAT DEVICE, EVEN AFTER THE MESSAGING FEATURE IS REMOVED OR END USER IS DEREGISTERED AND NO LONGER HAS ACCESS TO THE SERVICE. END USERS CONTROL THE DELETION OF MESSAGES RECEIVED ON THEIR DEVICES. 8. Software. In connection with the Service, Verizon Wireless will provide software that is owned by us, our affiliates or third-party licensors ("Software"). Verizon Wireless may update the Software from time to time and Customer and/or end user failure to install any update may affect Customer’s Service and/or use of the Software. Customer may use the Software only as part of, or for use with, the Service as authorized in this Addendum. Verizon Wireless grants Customer a limited, non-exclusive, non-transferable license to use the Service and the Software solely as authorized in this Addendum. All rights regarding use of the Service and Software not expressly granted in this Addendum are reserved by Verizon Wireless and/or any third-party licensors. The Software contains some programming, scripts, tools, modules, libraries, components, or other items that were developed using "Open Source" code; which are available for download at www.verizon.com/opensource. Software was developed solely at private expense, and Customer has no other rights in software than those set forth herein. As such, customer may not adapt, alter, modify, reverse engineer, de-compile, disassemble, translate, attempt to derive source code from or create derivative works of the Service or Software, or otherwise tamper with or modify any security features or other Service components for any reason (or allow or help anyone else to do so). Customer also agrees to follow all rules and policies applicable to the Service, including the installation of required or automated updates, modifications and/or reinstallations of Software and obtaining available patches to address security, interoperability and/or performance issues. 9. Disclaimer of Warranty. THE SERVICE AND SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND BY EITHER VERIZON WIRELESS, OUR AFFILIATES, OFFICERS, EMPLOYEES, LICENSORS, CONTRACTORS, AND AGENTS (TOGETHER, THE "VERIZON PARTIES"), INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON- INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE VERIZON PARTIES AND ANY THIRD PARTY MOBILE APPLICATION STORE OPERATORS FROM WHICH YOU DOWNLOAD THE ONE TALK MOBILE APP WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR DAMAGES OF ANY KIND OR ANY SECURITY ISSUES THAT MAY RESULT FROM YOUR USE OF THE SERVICE. NO ADVICE OR INFORMATION GIVEN BY THE VERIZON PARTIES SHALL CREATE ANY WARRANTY HEREUNDER. March 6, 2020 DMS-10/11-008C v1.6 Page 53 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Networkfleet Terms and Conditions 1. DEFINITIONS. In these Terms and Conditions, the following terms, when capitalized, shall have the meaning set forth below: “Customer Website Pages” means the web pages on the Networkfleet Website designated by Networkfleet for use by Customer. "Devices" means the Networkfleet wireless device(s) identified on an accepted order. "Networkfleet Services" means the services ordered hereunder including, but not limited to: (a) collection of diagnostic and/or location information from a Vehicle; (b) any proprietary data feed or elements thereof or any APIs provided by Networkfleet; (c) analysis, delivery and posting of Vehicle information to the Networkfleet Website; (d) notification to Customer and/or a designated third party by e-mail of certain events or Vehicle information; (e) Customer access and usage of Customer Website Pages; and (f) Device installation services. "Networkfleet Website" means the Networkfleet website currently located at www.networkfleet.com. “Network Fleet” is a wholely owned subsidiary of Verizon Communications, Inc, and an affiliate of Cellco Partnership, d/b/a Verizon Wireless which is the “Contractor” under the Verizon Wireless State of Florida Contract DMS-10/11-008C "Service Partners" means the entities that Verizon Wireless works with, from time to time, to provide the Networkfleet Services, including, but not limited to, installers, website operators, mapping data providers and licensors. "Vehicle" means any vehicle equipment equipped with a Device and owned or under the control of Customer. 2. NETWORKFLEET LICENSE. During the time that Customer is entitled to receive Networkfleet Services hereunder, the Customer shall have a non exclusive, non transferable license to (i) use the Networkfleet Services in the United States and such other countries as may be approved by Verizon Wireless in writing, (ii) access and use the Customer Website Pages, and (iii) use the firmware and software included in the Devices, solely for use in connection with the Networkfleet Services, and as provided in these Terms and Conditions. Redistribution or resale of this information by the Customer is prohibited without prior written consent. 3. INSTALLATION SERVICES. If Verizon Wireless accepts an order for Device installation services, such services may be performed by Service Partners who will install the Device at a mutually agreed location, in accordance with Networkfleet’s Installation Policy, located at http://info.networkfleet.com/rs/networkfleet/images/Installation_Policy.pdf, as it may be amended from time to time, which is available at the Networkfleet Website. Customer acknowledges and agrees that installation of the Device may involve drilling holes, rewiring and other similar alterations to the Vehicle and that Verizon Wireless is not obligated to restore the Vehicle after removal of the Device. 4. CUSTOMER OBLIGATIONS. Customer shall limit its use of the Devices, Networkfleet Services, Networkfleet Website, and Customer Website Pages to their intended purposes and shall comply, and cause its employees and agents to comply with all applicable laws and regulations and with Networkfleet's Website Acceptable Use Policy, Privacy Policy and all other policies that Networkfleet may establish from time to time, which are, or will be available, on the Networkfleet Website. Customer shall inform its drivers of Vehicles that such Vehicle has been enabled for Networkfleet Services and that the Networkfleet Services include the collection of data points associated with the Vehicle’s location and manner of operation. 5. LIMITED WARRANTY. (a) Verizon Wireless warrants to Customer that a Device purchased hereunder (other than an Asset Tracker device) will be free from defects in material and workmanship that prevent the Device from functioning in accordance with its specifications for a period of three (3) years following the initial activation of a Device. The period may be extended though the same period of time as the Customer has continuously paid for Networkfleet Services for the Device; (b) Verizon Wireless warrants to Customer that an Asset Tracker device which has been purchased new from Networkfleet by Customer, will be free from defects in material and workmanship that prevent it from functioning in accordance with its specifications for a period of three (3) years from initial activation, excluding the battery. (c) Verizon Wireless warrants to Customer that all accessories that are purchased new from Networkfleet by Customer will be free from defects in material and workmanship that prevent them from functioning in accordance with their specifications for a period of one (1) year from the date of shipment, (d) Verizon Wireless warrants to Customer that installation services will be free from defects in workmanship for a period of one (1) year from completion of any such installation services (unless Customer has purchased an extended installation warranty). Verizon Wireless warrants that extended warranty installation services will be free from defects in workmanship for a period of one (1) year following completion of such services. The period may be extended through the same period of time as the Customer has continuously paid for such extended warranty installation service. (e) Warranty claims must be made by notifying Verizon Wireless in writing promptly after Customer learns of the facts supporting a warranty claim, as specified in Networkfleet’s then-current applicable warranty policy. The warranty policy can be found at March 6, 2020 DMS-10/11-008C v1.6 Page 54 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. http://info.networkfleet.com/rs/networkfleet/images/Warranty.pdf. Verizon Wireless will, at its discretion, either repair or replace any non-complying Device with a Device of equivalent functionality, and if applicable, remedy any defects in installation of the Device. (f) THE REMEDIES IN THIS SECTION ARE THE SOLE OBLIGATIONS AND REMEDY FOR BREACH OF ANY WARRANTY. 6. EXCLUSIONS. The Limited does not cover repair, replacement or correction of any defect, damage or malfunctions caused by: (i) failure to properly install the Devices as described in the Networkfleet installation guides (if installation is not performed by Networkfleet); (ii) accident, negligence, theft, vandalism, operator error, misuse or acts of Nature; (iii) failure of the facilities Customer uses to access the Networkfleet Website or to conform to Networkfleet specifications; (iv) modifications, attachments, repairs or unauthorized parts replacements performed by Customer or any third party not authorized by Networkfleet; or (v) use by Customer of hardware or software not provided or approved by Networkfleet. Customer will be responsible for the cost of Support Services provided by Networkfleet caused by any of the foregoing. 7. DISCLAIMER OF WARRANTIES. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 5, VERIZON WIRELESS MAKES NO WARRANTY OR GUARANTEE OF ANY KIND WITH RESPECT TO THE DEVICES AND THE NETWORKFLEET SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, VERIZON WIRELESS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. VERIZON WIRELESS DOES NOT WARRANT THAT THE RECEIPT OF DATA, MAPPING INFORMATION, AND OTHER CONTENT FROM THE DEVICES WILL BE AVAILABLE AT ALL TIMES, AT ALL GEOGRAPHIC LOCATIONS, UNINTERRUPTED OR ERROR-FREE, OR THAT THE TRANSMISSION OF DATA, MAPPING INFORMATION, AND OTHER CONTENT FROM NETWORKFLEET TO CUSTOMER OR TO THE CUSTOMER WEBSITE PAGES WILL ALWAYS BE ACCURATE, TIMELY OR COMPLETE. 8. LIMITATION OF LIABILITY. (a) NEITHER PARTY WILL BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, EVEN IF THAT PARTY IS INFORMED THAT THOSE DAMAGES MAY OCCUR. VERIZON WIRELESS’ CUMULATIVE LIABILITY UNDER ANY LEGAL THEORY SHALL NOT EXCEED THE AMOUNT PAID TO VERIZON WIRELESS. (b) WITHOUT LIMITING THE FOREGOING, VERIZON WIRELESS AND THE SERVICE PARTNERS ARE NOT RESPONSIBLE FOR LIABILITIES OF ANY KIND RESULTING FROM DELAYS IN DELIVERY, INSTALLATION OR PROVIDING NETWORKFLEET SERVICES OR OTHER SERVICES, REGARDLESS OF THE CAUSE OF THE DELAY. CUSTOMER UNDERSTANDS AND AGREES THAT VERIZON WIRELESS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RESULTING FROM AN ALLEGED OR ACTUAL LACK OF SECURITY RELATING TO CUSTOMER'S USE OF THE NETWORKFLEET SERVICES. (c) CUSTOMER UNDERSTANDS AND AGREES THAT: (i) THE DEVICE IS A WIRELESS DEVICE AND THAT WIRELESS COMMUNICATIONS NETWORKS ARE USED TO CONNECT THE DEVICES WITH NETWORKFLEETS DATA CENTER AND BY USING GPS (GLOBAL POSITIONING SYSTEM) TO DETERMINE A VEHICLE’S LOCATION; (ii) THE NETWORKFLEET SERVICES WILL NOT OPERATE UNLESS A VEHICLE IS IN AN AREA THAT HAS ADEQUATE WIRELESS COMMUNICATIONS COVERAGE AND, EVEN IF A VEHICLE IS IN SUCH AREA, THE NETWORKFLEET SERVICE IS SUBJECT TO WIRELESS SERVICE NETWORK AND TRANSMISSION LIMITATIONS AND MAY BE ADVERSELY AFFECTED BY TERRAIN, SIGNAL STRENGTH, WEATHER AND ATMOSPHERIC CONDITIONS, OR OTHER THINGS THAT VERIZON WIRELESS DO NOT CONTROL; AND (iii) INFORMATION ABOUT A VEHICLE’S LOCATION WILL NOT BE AVAILABLE UNLESS THE DEVICE IN THE VEHICLE IS ABLE TO RECEIVE GPS SIGNALS. 9. PROPRIETARY RIGHTS. Customer acknowledges and agrees that the Devices, the Networkfleet Service and the Networkfleet Website may include patent, copyright, trademark, service mark, trade secrets, or other intellectual property rights (collectively “Proprietary Rights”) of Networkfleet, its affiliates or the Service Partners (including, with respect to the Networkfleet Website, materials that may be proprietary to Service Partners and suppliers, and that Networkfleet, its affiliates, including Verizon Wireless and/or the Service Partners retain title to and ownership of those Proprietary Rights and any and all improvements, modifications, fixes or enhancements made by or for Networkfleet, its affiliates and/or the Service Partners to the Devices, the Networkfleet Service or the Networkfleet Website and grant such Customers a limited license for purposes of utilizing the services for the purposed outlined in this agreement. Customer will not copy, modify, reverse-engineer, disassemble or decompile any software or firmware included in any Device or the Networkfleet Website or otherwise provided to Customer by or on behalf of Networkfleet, and will not disclose such software or provide access to the Devices, such software or any Networkfleet Services to any third party for such a purpose. Customer agrees that with respect to the Networkfleet Services, it shall not, nor shall it permit any third party to (a) assign, transfer, lease, rent, sell, distribute or import such Networkfleet Services to any third party; (b) except with the express written consent of Verizon Wireless, combine, embed or incorporate the Networkfleet Services into any other product or service other than any Customer-owned or developed interface for purposes of receiving the data feed delivered from the Networkfleet Devices; (c) reverse engineer, translate, convert, decompile the Networkfleet Services; (d) remove or alter any proprietary notices in the Networkfleet Services;(e) use the Networkfleet Services in connection with the transmission, sale, license, or delivery of any infringing, defamatory, offensive, or illegal products, services, or materials; (f) use the Networkfleet Services in any manner that threatens the integrity, performance, or availability of the Networkfleet Service; or (g) use the Networkfleet Service in any manner that violates local, state or federal laws, regulations or orders. The Networkfleet Website includes aerial, satellite imagery from Digital Globe, one of the Service Partners, as a mapping option. If Customer uses such mapping option, Customer agrees to comply with the terms of use contained in Digital Globe’s End User License Agreement found at https://www.digitalglobe.com/legal/product-terms-and-conditions. March 6, 2020 DMS-10/11-008C v1.6 Page 55 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. 10. MODIFICATIONS; WEBSITE MAINTENANCE. Networkfleet may alter or modify all or part of the Devices, the Networkfleet Services or the Networkfleet Website from time to time; provided such changes do not materially adversely affect Customer's use of the Networkfleet Services or Networkfleet Website. Subject to the foregoing, such changes may include, without limitation, the addition or withdrawal of features, information, products, services, software or changes in instructions. Networkfleet reserves the right to perform scheduled maintenance for the Networkfleet Services and Networkfleet Website from time to time. This may include application and database maintenance as well as general website maintenance and may or may not involve Networkfleet Website and Networkfleet Services unavailability. 11. DATA. Customer represents and warrants that it has all rights and authority with respect to the data Verizon Wireless, Networkfleet, and the Service Partners acquire and transmit through Customer's use of the Devices, the Networkfleet Services and the Networkfleet Website ("Business Data") and grant the rights and approvals set forth in this Agreement and further grants to Verizon Wireless, Networkfleet, its affiliates and the Service Partners the nonexclusive, license and right to collect, access and use Business Data, and to access, copy and use the Business Data in the course of performing the Networkfleet Services and to analyze, measure and optimize the performance of the Devices and the Networkfleet Services and to develop new offerings for Customer and others and for other purposes of Networkfleet and its affiliates, including the development of data products for sale, licensing and distribution to third parties during the term of its contract with the Customer; provided, however, that except as may be required under law or court order, Networkfleet will not disclose or distribute Business Data to a third party in a form that permits identification of Customer. 12. EXPORT CONTROL. Customer understands and agrees that: (i) the software used in connection with the Service is controlled by US export control laws; (ii) further transfer or export of the software may be subject to US export control laws or similar laws of other countries; (iii) Customer will abide by such laws; and (iv) Customer will not re-export or divert the software to a country or activity in contravention of U.S. law. Customer represents and warrant that: (i) Customer is not now located in, does not maintain an office or residence in, is not a citizen of, nor does Customer intend to travel to (without agreeing to follow any specific federal regulatory parameters on such travel), any of the following countries: Cuba, Iran, North Korea, Sudan, Syria, or other locations where the United States or other governments may have restrictions; and (ii) Customer is not, nor does Customer anticipate being, listed on any U.S. Government, United Nations or other country’s prohibited parties list (including, but not limited to the U.S. Department of Commerce Denied Persons List or Entity List and the U.S. Treasury Department's Specially Designated Nationals, Terrorists or Narcotics Traffickers List). 13. OWNERSHIP AND ACCEPTANCE. Title transfer and acceptance of products and services occur upon shipment or provision of service. 14. GENERAL. (a) No amendment, change, modification or waiver to any provision of any accepted order or these Terms and Conditions will be binding unless signed by an authorized representative of each party. (b) The parties' respective rights and obligations under Sections 7. DISCLAIMER OF WARRANTIES, 9. PROPRIETARY RIGHTS, and 11. DATA survive termination of an order. Digital Signage Service - Government Terms of Service These terms and conditions are specific to the Digital Signage Service (“DSS”) (described below) to be provided by Verizon Wireless to Customer hereunder. If there are any inconsistencies between these DSS Government Terms of Service (“GTOS”) and the Agreement, these DSS GTOS shall control with respect to the Digital Signage Service. Any capitalized but undefined terms used in the DSS GTOS shall have the meanings given such terms in the Agreement. By using the Digital Signage Service, Customer acknowledges the terms and conditions on the Portal (defined below) at https://digitalsignage.verizon.com/support/legal, which are incorporated herein and may be modified by Verizon Wireless from time to time. Digital Signage Service Overview. Verizon Wireless’s Digital Signage Service allows Customer’s digital content to be displayed on Customer signage. The service includes (i) a Verizon LTE Media Player and its components (“Media Player”), which is installed by Customer on its signage, (ii) connection to Verizon Wireless’s 4G LTE network, and (iii) use of the Digital Signage Management System (“Portal”), which is accessed via the internet, provides a tool to manage the Media Player, and distribute Customer Content (defined below) to multiple sign displays and to update content securely. Together, these components makeup the “Digital Signage Service.” Account Protection. Verizon Wireless will provide Customer with an initial user name and password to access the Portal, for which Customer is solely responsible. Customer shall permit access to the Portal only by individuals who are authorized by Customer (“User(s)”). Any access to the Portal via such user name and password shall be deemed by Verizon Wireless to be done with Customer's authorization. Customer shall be liable for the acts and omissions of its Users. Customer agrees to immediately notify Verizon Wireless of any unauthorized access to the Portal, account, or any other breach of security. The account and Portal credentials are for Customer’s internal use only and may not be assigned or used by any third party for any reason without Verizon Wireless’s written consent. March 6, 2020 DMS-10/11-008C v1.6 Page 56 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Content. Customer grants Verizon Wireless, its agents, suppliers and subcontractors, the right to process and deliver digital content and data sent to or received by Verizon Wireless from or at the direction of Customer and/or its Users as part of the Service (“Content”). Customer retains all right, title and interest in Content and is solely responsible for any Content uploaded or provided to Verizon Wireless. Transmission, use, distribution or storage of any Content without proper authorizations, or in violation of any applicable law, regulation, or publicity or privacy rights is prohibited. Content shall not include any malware, spyware or any other malicious code. If Verizon Wireless believes Content or any use of the Service violates this DSS Attachment, is fraudulent or misleading, or if the continued provision of the Service violates applicable law, Verizon Wireless may immediately suspend the Digital Signage Service and take other measures as necessary to protect Verizon Wireless, its customers, facilities, network, services, or third parties. Equipment. As part of the Service, Customer must purchase, install and maintain the required Media Player(s). Media Players are for use only in connection with the Digital Signage Service and for no other use. Customer Obligations. Customer is responsible for: (a) proper configuration and use of the Digital Signage Service, (b) determining whether Content is suitable for the Digital Signage Service, including whether the Digital Signage Service is compatible with Customer provided equipment and requirements for transmission; (c) obtaining all required third-party consents for Verizon Wireless’s processing and delivery of Content (including transfers outside the country of origin); (d) taking appropriate steps to secure and backup Content. Campaigns. Customer can schedule Content packages for delivery (“Campaign”). Customer is responsible for Campaign set up and management and Campaign fees, and for the technical integration of Content with the Digital Signage Service. Verizon Wireless shall not be held liable for any failure to set up, test or manage any Campaign. Intellectual Property Rights. Verizon Wireless owns all intellectual property rights in the Digital Signage Service and its devices, components, platform, software, tools, Portal, documentation, and other materials relating thereto, including modifications, updates, revisions or enhancements. All rights not explicitly given are reserved by Verizon Wireless. Subject to the DSS GTOS and all terms and conditions located on the Portal, Verizon Wireless grants to Customer a personal, revocable, limited, nonexclusive, non-transferable, non-sub-licensable license, during the DSS GTOS Initial Term and any renewal term, to access and use the Digital Signage Service solely for internal business use. Customer may not, nor allow a third party to, redistribute, resell, develop, market, rent, transfer, commercialize, host, license, sublicense, decompile, lease, time-share, copy, modify, create derivative works of, translate, reverse engineer, disassemble, remove proprietary labels or notices from, copy any ideas, features or functions of the Digital Signage Service or any part thereof in any way. No Content made available in any Campaign, will infringe any patent, copyright, trademark, or violate any right of publicity or right of privacy. Restrictions. Customer will not, and will not allow any third party to, use the Digital Signage Service for any unlawful purpose or for any high risk or illegal activity, export or re-export the Digital Signage Service, or incorporate or combine the Digital Signage Service in any way with any open source software that would cause the Digital Signage Service, or any portion thereof, to be subject to any license terms of such open source software. License of Customer Marks. Except as otherwise set forth herein, neither Verizon Wireless nor Customer may use any name, logo, marks of the other Party or refer to the other Party in any advertising, promotion, press release or publication without the other Party’s prior written approval. Support of the Digital Signage Service. Verizon Wireless reserves the right to enhance or modify features or functionality of the Digital Signage Service upon prior notice to the Customer, which may be via the Portal. The Digital Signage Service may have outages or be down from time to time for maintenance or for reasons beyond our control. Customers will be notified of any discontinued product and software updates via the Portal. Service Limitations. The Digital Signage Service is provided to Customer only for access and use in the United States on Verizon Wireless’s 4G LTE network. Verizon Wireless may establish limits on the use of the Digital Signage Service, including, but not limited to, the amount of Content sent over a limited time period, delivery times, and the number of active connections. Data Retention and Access. Customer is responsible for protecting and backing up its Content. If Content and Campaigns have not been accessed for 60 days, Verizon Wireless may remove them from the Portal. Fees. Customer shall pay Verizon Wireless all applicable charges (“Fees”) for the Digital Signage Service, which are set out in the Digital Signage Service pricing herein. Term and Termination. The term of the DSS GTOS will begin on the date both Parties sign the Customer activates the service (“Effective Date”) and will run for one year from the Effective Date (“DSSGTOS Initial Term”). The term of the DSS GTOS shall automatically renew for additional one--year periods (“DSS GTOS Renewal term") unless either Party gives notice of cancellation at least 30 days prior to the expiration of the DSS GTOS Initial Term or any DSS Attachment Renewal Term or the Digital Signage Service is otherwise terminated as per the terms herein. VERIZON WIRELESS March 6, 2020 DMS-10/11-008C v1.6 Page 57 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. CAN, WITHOUT NOTICE, LIMIT, SUSPEND, OR CANCEL CUSTOMER’S ACCESS TO OR USE OF THE DIGITAL SIGNAGE SERVICE IF CUSTOMER BREACHES THE TERMS AND CONDITIONS HEREIN. GPS Tracking/ Customer Data/Privacy. The Media Player may use external antennae to report GPS location information of the device to Verizon Wireless for use with the Digital Signage Service. By using the Digital Signage Service, Customer hereby agrees to such GPS tracking for use with the Digital Signage Service. Verizon Wireless may collect information provided by Customer in connection with the Digital Signage Service, including Customer contact information, Media Player location, Content, Campaign information, technical data, usage statistics, hardware configuration, and IP addresses (“Customer Data”). Customer represents and warrants that it owns all rights, title, and interest in and to, or has a license for and the right to allow Verizon Wireless to access and use any Customer Data furnished by Customer to Verizon Wireless, and assumes the sole responsibility for the accuracy of the Customer Data. Customer approves and grants to Verizon Wireless, its affiliates and contractors the nonexclusive, fully paid-up, transferable license, and right to collect, access and use Customer Data including to analyze, monitor, measure, maintain, and optimize the performance of the Digital Signage Service, provide updates, and develop new offerings. By using the Digital Signage Service, Customer consents to Verizon Wireless’s collection and use of information in this way and to the terms of the Verizon Wireless Privacy Policy which can be found at https://www.verizon.com/about/privacy/. Customer Representations and Warranties. Customer represents and warrants that it has obtained and will maintain during the DSS Attachment Term and any DSS Attachment Renewal Term all permits, orders, approvals, authorizations or consents required for Customer to access and use the Digital Signage Service. All activities Customer undertakes in connection with this DSS Attachment will be performed in compliance with all applicable laws, rules and regulations (including, if applicable, the notice and take down requirements contained in the Digital Millennium Copyright Act). Contributions. Should Customer provide Verizon Wireless with information, including, but not limited to, feedback, data, answers, questions, comments, suggestions, improvements, observations testing comments, evaluation information, plans, or ideas relating to the Digital Signage Service (“Contributions”), either orally or in writing, Customer hereby assigns all intellectual property rights in such Contribution to Verizon Wireless and agrees not to assert any related rights against Verizon Wireless. Warranty Disclaimer; Limitation of Liability. EXCEPT AS EXPRESSLY PROVIDED HEREIN, VERIZON WIRELESS PROVIDES THE DIGITAL SIGNAGE SERVICE “AS IS” AND ‘AS AVAILABLE’ AND DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT SERVICES SHALL BE ERROR-FREE OR COMPLETELY SECURE. VERIZON WIRELESS DISCLAIMS any and all liability related to any outage, downtime, interruption, breakdown or unavailability (for maintenance, upgrades, updates or otherwise) of ITS Platform, portal, System and/or Service. NEITHER PARTY SHALL BE LIABLE FOR LOST DATA, LOST PROFITS, LOST REVENUES, BUSINESS INTERRUPTION, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES. VERIZON WIRELESS SHALL NOT BE LIABLE FOR CONTENT OR CUSTOMER OWNED EQUIPMENT OR SIGNAGE. OTHER THAN FOR INDEMNIFICATION OR PAYMENT OBLIGATIONS, EACH PARTY’S AGGREGATE LIABILITY FOR CLAIMS AND DAMAGES IN CONNECTION WITH THE AGREEMENT IS LIMITED TO THE LESSER OF (i) DIRECT DAMAGES PROVEN BY THE OTHER PARTY OR (ii) THE AMOUNT OF FEES OR CHARGES PAID TO VERIZON WIRELESS FOR THE SERVICE DURING THE 12-MONTH PERIOD BEFORE THE DATE ON WHICH ANY CLAIM AROSE. Indemnification: Each Party agrees to indemnify, defend and hold harmless the other Party and its and their respective employees, officers, directors, agents, suppliers from an against any losses, liabilities, damages, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and allocable cost of in-house counsel) resulting from or arising out of or relating to a Party’s (a) non-compliance with Laws, or (b) breach of any representation, warranty or covenant herein. This Call Filter Service Attachment (“Call Filter Attachment”) to the Agreement between Customer and Verizon Wireless sets forth the terms and conditions specific to the Call Filter Service (described below) to be provided by Verizon Wireless to Customer hereunder. If there are any inconsistencies between this Call Filter Attachment and the Agreement, this Call Filter Attachment shall control with respect to the Call Filter Service functionality or operation. Any capitalized but undefined terms used in this Call Filter Attachment shall have the meanings given such terms in the Agreement. 1. Call Filter Service Overview. Verizon Wireless’s Call Filter Service allows Customer to take manage its calls (the “Service”). Call Filter Service Attachment to Verizon Wireless Agreement: Government Terms of Service March 6, 2020 DMS-10/11-008C v1.6 Page 58 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. 2. Call Filter and Call Filter Plus Service Description. Call Filter is available to Customer for no additional monthly charges, and provides spam protection (spam alerts, blocking and reporting). Call Filter Plus provides added protection with caller ID and other premium features for a monthly charge, which are set forth in the Call Filter Plus Service Fees exhibit attached hereto. Call Filter utilizes network-based functionality to provide spam alerts and caller ID information on Customer’s devices, and will not require the Call Filter application for these features. Spam blocking and other enhanced spam protection tools require the Call Filter application and a compatible device. Availability of certain features will vary depending on the device. For a full list of compatible devices and available features by device, click on Supported Devices at https://www.verizonwireless.com/solutions-and-services/call-filter/. Basic phones will receive network-based spam protection. Call Filter requires Verizon Wireless's 4G LTE network; limited features of the Service may be available if Customer is roaming on a VoLTE network outside of Verizon Wireless’s 4G coverage area. 3. Call Filter Limitations. Call Filter is not available for incoming calls from restricted or unlisted numbers. Call Filter does not detect spam calls from international numbers, but Customer may choose to block calls from international numbers. Call Filter utilizes analytics and databases that are continually evolving, including spam reporting by customers. Call Filter may not work with some of our other services like NumberShare or eSIM lines. 4. Spam Protection and the Call Filter Application. Call Filter will alert Customer when Customer receives potential spam calls and allows Customer to turn on the spam filter to automatically block (send directly to voicemail) spam calls based on Customer’s preferred risk level (as determined by Customer in the Call Filter application). If Customer enrolls in Call Filter through the Call Filter application, Verizon will automatically turn on Customer’s spam filter to block all high-risk spam calls, but Customer can always turn off or adjust the blocking within the Call Filter application. Call Filter Plus, provides additional protection with caller ID for unknown numbers, access to a risk assessment meter for each spam call, reverse spam number lookup, and additional categories of spam alerts including "Robo Caller" or "Potential Fraud." With Call Filter Plus, depending upon Customer’s device, Customer may also be able to view a list of callers that have been identified as spam or blocked, and block and un-block specific numbers. Call Filter's spam detection and block management may inadvertently mislabel or block legitimate callers including those to whom Customer may have given consent to communicate with via Customer mobile number. Customer should check Customer voicemail to determine if the caller is legitimate (if they left a voice message and if Customer have voicemail enabled). Verizon Wireless does not guarantee that all calls that are spam will be detected. Customer’s spam settings such as spam filters and personal block and spam lists will be permanently deleted once Customer changes devices, uninstalls the Call Filter application, unsubscribes or downgrades the Service, or in the case of Android users, disables the Call Filter application or clear application cache or data. 5. Caller ID. Caller ID, available with Call Filter Plus, displays the name, phone number, city and state of a caller's phone number, if these details are available and supported by Customer’s device. Some devices may only display the caller's name as the Call Filter may not be available on all devices. Some devices also allow identification of text messages when using an eligible messaging application. Android users may also see the caller's uploaded photo if available. 6. The caller's identity may not show if they are labelled as Robo Caller, Potential Spam or Potential Fraud on certain operating systems. Customer’s saved contact names will show instead of the caller identification (so if a call would normally show as a Robo Caller with the Service, but is in Customer’s list of contacts, that contact name will show instead). If Customer uploads a photo, Customer’s photo will be seen by other Verizon Wireless customers that use the Service but will not override a Customer's contact photo (uploading is not available for all devices). 7. Data Charges. Subject to the Agreement, data charges may apply for download of the application and use of the Service. Call Filter does not operate on Wi-Fi, so data charges may apply when using the Service even if Customer device is also connected to Wi-Fi. If Customer’s device is eligible for the uploading or receiving of a picture, data charges apply to such uploading and also for receiving pictures. Such data charges will be billed to Customer’s Verizon Wireless account according to Customer’s data plan. The Service will automatically renew every month unless canceled. For Call Filter Plus, Customer will be billed a Monthly Access Fee as specified in the Call Filter Plus Service Fees exhibit. 8. Privacy. Verizon Wireless may use information about Customer’s activity in the Service, subject to our Privacy Policy, which can be found at http://www.verizon.com/about/privacy/. In order to provide the Service to Customer, Verizon Wireless will access the following information: MTN, contacts, call log, and messages (Android devices only). Verizon Wireless does not share information for any other purposes other than to render the Service. While a Customer end user can review or turn off March 6, 2020 DMS-10/11-008C v1.6 Page 59 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. these permissions at any time in the device settings, without access to that information, the Service will not be provided to that device. 9. Licenses and Restrictions. Call Filter is the property of Verizon Wireless or its licensors. Call Filter software and any application installed on Customer devices are licensed and not sold to Customer. Verizon Wireless and its licensors grants to Customer a limited, non-exclusive, revocable, non-transferable, personal, non-commercial license to use the Service for its intended use, in the United States. 10. Restrictions on Use. Customer will not, or permit anyone else to, sell, resell, distribute, sublicense, loan, lease, otherwise transfer, alter, modify, merge, adapt, copy, delete, record, translate, publish, upload, transmit, export, create derivative works of, make any commercial use of, reverse engineer, decompile, attempt to derive the source code, or disassemble the Service of any software that forms part of the Service. Customer may not use the Service or any part of it for any improper use (including infringement of copyright or other intellectual property rights) and must follow all laws. Customer will not alter, disable, or circumvent any features embedded in the software. All rights not expressly granted to Customer herein are reserved. Verizon Wireless may revoke this license at any time without notice. 11. Branding. All trademarks, service marks, trade names, logos, domain names, and any other features of Verizon Wireless's brand are the sole property of Verizon Wireless and Verizon Wireless does not grant any rights to such branding to Customer for any use at all. Customer may not remove or alter any copyright, trademark, or other intellectual property notices of the Service. 12. User Content. For certain eligible devices, the Service allows Customer to upload a photo to display. Customer may choose to attach a photo from Customer own photo gallery, a new photo that Customer take, or a photo available for use from an Internet search that Customer conducts. Customer is responsible for any content that Customer uploads to the Service. Verizon Wireless does not monitor or control the content Customer chooses to send via the Service and, Verizon Wireless disclaims all responsibility for such content. Photos that Customer did not take may be subject to copyright protection which limits or prohibits their copying, transmission and/or use. Customer agrees that Customer will not attach copyrighted content in a way that infringes any copyright, and that Customer is wholly responsible for any copyright infringement resulting from Customer’s conduct. If Customer is unsure about whether Customer’s conduct is lawful, Customer should not attach the content. 13. Digital Millennium Copyright Act Notice. If Customer believe that Customer content has been improperly used in the Service in a way that constitutes copyright infringement please contact Verizon at the address below. Pursuant to Title II of the DMCA, all claims alleging copyright infringement for material that is believed to be residing on Verizon's system or network should be promptly sent in the form of written notice to Verizon's Designated Agent. The Designated Agent for DMCA Notice is: Verizon Copyright Department 1320 North Courthouse Road, Floor 9 Arlington, Virginia 22201, U.S.A. Fax 703.351.3669 Email DMCA@verizon.com NOTE: No other notices or communications should be sent to the Designated Agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under the DMCA. Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. § 512(c)(3)). Valid notification must be a written communication that includes all of the following elements: 1. Signature of copyright owner or person authorized to act on behalf of the owner; 2. Identification of copyrighted work claimed to be infringed; 3. Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material; 4. Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address); March 6, 2020 DMS-10/11-008C v1.6 Page 60 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed. It is the policy of Verizon that upon receipt of a valid DMCA notice Verizon will remove or disable access to allegedly infringing material. There are substantial penalties for false claims (see 17 U.S.C. § 512(f)). 14. Open Source and Third Party Licenses. Customer’s use of the Service is subject to open source licenses that form part of the Service. Certain software or technical information is licensed from third parties, and may be covered by one or more U.S. Patents, pending U.S. patent applications, and pending counterpart European and international patents. The open source licenses that form part of the Service are as follows: • https://realm.io/legal/developer-license-terms/ • https://github.com/CocoaLumberjack/CocoaLumberjack/blob/master/LICENSE • https://developer.apple.com/library/archive/samplecode/GenericKeychain/Listings/LICENSE_txt.html#//apple_ref/doc /uid/DTS40007797-LICENSE_txt-DontLinkElementID_8 • https://developer.apple.com/library/archive/samplecode/Reachability/Listings/LICENSE_txt.html#//apple_ref/doc/uid /DTS40007324-LICENSE_txt-DontLinkElementID_3 • https://github.com/rnapier/RNPinnedCertValidator/blob/master/LICENSE • https://github.com/scalessec/Toast/blob/master/license • http://www.apache.org/licenses/LICENSE-2.0 • https://Mozilla.org/MPL/2.0/ • https://github.com/RestComm/jain-sip/blob/master/licenses/NIST-CONDITIONS-OF-USE.txt • https://github.com/RestComm/Jain-Sip/blob/master/licenses/JSIP%20Spec%20license.pdf 15. Termination. Subject to the dispute resolution provision in the Agreement, Verizon may limit, suspend, terminate or discontinue the Service, or certain features or functions of the Service, at any time without notice, including if Customer breaches this Call Filter Attachment. Customer may terminate Customer’s use of the Service at any time by unsubscribing to the Service. 16. DISCLAIMER OF WARRANTIES. THE SERVICE AND ANY INCLUDED APPLICATION IS PROVIDED BY VERIZON OR ITS LICENSORS 'AS IS', WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR CONDITIONS OF ANY KIND, INCLUDING FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CUSTOMER USES THE SERVICE AT ITS OWN RISK. VERIZON WIRELESS AND ITS LICENSORS, AND VENDORS MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY, AVAILABILITY, COMPLETENESS, USEFULLNESS, SECURITY, RELIABILITY, INTEROPERABILITY, OR THAT THE SERVICE WILL BE UNINTERRUPED, VIRUS FREE, OR COMPATIBLE WITH YOUR DEVICE OR THAT THE SERVICE WILL MEET YOUR EXPECTATIONS AT ALL OR AS TO THE IDENTIFICATION, LABELING, SPAM OR BLOCK MANAGEMENT, OR BLOCKING OF CALLS. VERIZON WIRELESS AND ITS LICENSORS, AND VENDORS DO NOT PROVIDE ANY WARRANTY (EXPRESS OR IMPLIED) OR GUARANTEE THAT ALL SPAM, ROBOCALLER AND FRAUDLENT CALLERS WILL BE IDENTIFIED, LABELED CORRECTLY OR BLOCKED. THE SERVICE COULD CAUSE DAMAGE TO CUSTOMER, ITS DATA, DEVICES, SOFTWARE OR HARDWARE. 17. LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE LIABILITY OF VERIZON WIRELESS OR ITS LICENSORS, AND VENDORS FOR MONETARY DAMAGES FOR ANY CLAIMS, THAT CUSTOMER MAY HAVE UNDER THESE TERMS ARE LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD, AND THE MAXIMUM IN DAMAGES RECOVERABLE SHALL BE TEN ($10) U.S. DOLLARS. UNDER NO CIRCUMSTANCES ARE VERIZON WIRELESS, ITS LICENSORS, AND VENDORS LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, REPUTATION, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES ON ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE SERVICE OR THE INABILITY TO USE THE SERVICE IN ANY WAY WHETHER FORESEEABLE OR NOT OR WHETHER ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. VERIZON WIRELESS SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS OR PENALTIES (DIRECT OR INDIRECT) AS A RESULT OF MIS-IDENTIFICATION, MIS-MANAGEMENT OR BLOCKING OF A CALLER OR FAILURE TO PROPERLY IDENTIFY, MANAGE OR BLOCK A CALLER. 18. [Reserved] March 6, 2020 DMS-10/11-008C v1.6 Page 61 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. 19. Export Control. Use of the Service may be subject to the export and import laws of the Unites States and other countries. Customer agrees to comply with all applicable export and import laws and regulations. By using the Service and/or by downloading the applicable Application, Customer agrees that Customer are not located in, under the control of, or a resident or national of any country, or person, on the United States Treasure Department's list of Specially Designated Nationals or the United States Commerce Department Table of Deny Orders. Customer also agrees that Customer are not located in a country that is subject to the U.S. government embargo, or that is designated by the U.S. as a terrorist supporting country and Customer are not listed on any U.S. government list of prohibited or restricted parties. Customer agrees also not to attempt to export or import any encrypted information, materials, hardware or software. 20. Safety. Customer must not endanger either Customer or others by using the Service while driving or engaging in any other activity that requires Customer’s full attention. March 6, 2020 DMS-10/11-008C v1.6 Page 62 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. Revision History Version Date Description 1.0 1/20/13 Original Template 1.1 6/6/14 Amendment 6 1.2 5/15/17 ADDED: • Push to Talk Plus • Domestic Land Mobile Radio (LMR) Feature for PTT+ • International Options Monthly Features: Mexico and Canada • International Options Monthly Features: 140+ Countries • International Options Monthly Recurring Features: Mexico and Canada • International Options Monthly Recurring Features: 140+ Countries • MobileIron Enterprise Mobility Management o On-premise License and Installation Fees o Cloud License and Installation Fees o Technical Product Training • Canvas • Samsung Knox • Verizon Auto Share (In Vehicle) Plan Revised/Removed • NationalAccess Roaming • Push to Talk • V Cast/VPak • CDMA Roaming • International Options 140+ Countries 1.3 8/21/17 ADDED: • IBM MaaS360 Enterprise Mobility Management Revised/Removed • Push to Talk Plus • Domestic Land Mobile Radio (LMR) Feature for PTT+ • Verizon Mobile Device Management (MDM): Government Subscribers Only • Verizon Auto Share (In Vehicle) Plan • On-Premise (Core) (Software Perpetual License) 1.4 5/9/18 ADDED: • Custom Flat Rate Mobile Broadband – Government • Custom Mobile Broadband Plan II – Government • Public Safety Custom Plans o Custom 4G Unlimited Smartphone Plan with Mobile Broadband Priority for National Security, Public Safety, and Emergency Preparedness o Custom Unlimited Basic Phone Plan for National Security, Public Safety, and Emergency Preparedness o Custom Unlimited Push to Talk Only Plan for National Security, Public Safety, and Emergency Preparedness o Mobile Broadband Priority Feature for National Security, Public Safety, and Emergency Preparedness o Custom 4G Unlimited Mobile Broadband Plan with Mobile Broadband Priority for National Security, Public Safety, and First Responders o Private Network Core Service for National Security, Public Safety, and Emergency Preparedness o 4G LTE Private Network Traffic Management (PNTM) Private IP Only (fixed WAN) Government Subscribers Only o Networkfleet Service Options for State of Florida o Networkfleet Device/Hardware Options for State of Florida March 6, 2020 DMS-10/11-008C v1.6 Page 63 of 63 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2018. o Custom 4G Unlimited Smartphone Plan for Public Sector State of Florida - Government Subscribers Only o Numbershare o One Talk o Networkfleet Terms and Conditions o One Talk Terms and Conditions Revised/Removed • Verizon Mobile Device Management (MDM): Government Subscribers Only • Custom 4G Unlimited Smartphone Plan with Mobile Broadband Priority for National Security, Public Safety, and First Responders 1.5 3/6/19 ADDED: • Radio Over Internet Protocol (ROIP) and Inter Sub-System Interface (ISSI) Virtual Deployment • Digital Signage Service • Verizon Wireless Preemption Service Feature for National Security, Public Safety, and First Responders Revised • Custom 4G Unlimited Smartphone Plan with Mobile Broadband Priority and Preemption for National Security, Public Safety, and Emergency Preparedness • Custom Unlimited Basic Phone Plan for National Security, Public Safety, and Emergency Preparedness • Custom Unlimited Push to Talk Only Plan for National Security, Public Safety, and Emergency Preparedness • Mobile Broadband Priority Feature for National Security, Public Safety, and Emergency Preparedness • Custom 4G Unlimited Mobile Broadband Plan with Mobile Broadband Priority and Preemption for National Security, Public Safety, and First Responders • Private Responder Core Service for National Security, Public Safety, and Emergency Preparedness • 4G LTE Private Network Traffic Management (PNTM) Private IP Only (fixed WAN) Government Subscribers Only 1.6 10/4/19 ADDED • Netmotion Revised/Corrected • Hyperlinks 1.7 2/18/20 ADDED • Name ID Features • Call Filter Plus Service Fees • Call Filter Free Service Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8166 Agenda Date: 9/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.19 SUBJECT/RECOMMENDATION: Authorize a purchase order to Palmdale Oil Company of Ft. Pierce, FL to provide oils and lubricants for a not to exceed amount of $225,000 for period October 1, 2020 through July 31, 2023 with one additional two-year renewal at a not to exceed amount of $150,000 at the City’s discretion, pursuant to Clearwater Code of Ordinances Section 2.564(1)(d) Cooperative Contracts and authorize the appropriate officials to execute same. (consent) SUMMARY: In April 2020, the City of St. Petersburg, FL issued a Cooperative Bid No., IFB 7654, Oils and Lubricants in which the City was a participant along with several other local municipalities. This cooperative agreement will allow the City to take advantage of various oils and lubricants required for the maintenance of city-wide vehicles at bulk discount pricing. The estimated annual amount per year will be $75,000 under this contract. APPROPRIATION CODE AND AMOUNT: Budgeted funds for FY21 are available in cost code 5666611-550600 (Vehicle Parts) Funding for future fiscal years will be requested within contract calendar and spending limits. Page 1 City of Clearwater Printed on 9/17/2020 Blanket Purchase Agreement Do Not Ship CSP BPA FORM City of St. Petersburg BLANKET PURCHASE AGREEMENT To report fraudulent or unethical behavior, contact EthicsPoint, Inc. at 1-888-236-7053 or www.ethicspoint.com. For grievance related to a specific solicitation, please adhere to the dispute and complaint instructions in the solicitation document. PURCHASE ORDER NO REVISION DATE SHIP TO: Requesting Department Saint Petersburg, FL 33701 United States 235458 0 22-JUL-2020 This Purchase Order No must appear on all invoices, packing lists and correspondence related to this order. VENDOR: VENDOR NO: 123512 Palmdale Oil Company Inc 911 N 2nd St Fort Pierce , FL 34950 BILL TO: FINANCE DEPARTMENT ACCOUNTS PAYABLE CITY OF ST PETERSBURG PO BOX 1257 Saint Petersburg, FL 33731 United States Description:Oils and Lubricants Effective:01-AUG-2020 End Date:31-JUL-2023 Buyer/Phone:Adam Williams /7275513186 Email:adam.williams@stpete.org Vendor/Phone:/() Ship Via:Best Way Freight Terms:Prepaid Terms:NET 30 FOB:FOB Destination Agreed Amount: $375,000.00 Supplier Notes: This BPA covers 405.73: Oils and Lubricants effective August 1, 2020 through July 31, 2023 with one two-year renewal option. This BPA supersedes BPA 184023. LINE DESCRIPTION UOM UNIT PRICE 1 Oil, Motor, synthetic blend, 5W20, 1 GAL, Bulk Delivery. Smitty Super S Multi- Flo S/B 5W20 GF-5/SN GALLON 3.98 2 Oil, Motor, synthetic blend, 5W30. Citgo Supergard, Bulk Delivery. Smitty Super S Mulfi-flo 5W30 S/B GF-5/SN GALLON 3.98 3 Oil, Motor, 10W30, 5 GAL. Smitty Super S S/B 10W30 GF-5/SN PAIL 32.00 4 Oil, Motor, SAE15W40, Bulk Delivery. Total TIR 7900 15W40 CJ-4/SM GALLON 5.13 5 Oil, Engine, SAE 15W40, CJ-4, TBN 8 minimum, 1% or less sulfated ash, 55 GAL. Total TIR 7900 15W40 CJ-4/SM DRUM 340.00 6 Oil, Engine, diesel, 15W40, 55 GAL. Total Rubia TIR 15W40 CJ-4 /SM DRUM 340.00 Blanket Purchase Agreement Do Not ShipBlanket Purchase Agreement Do Not ShipCity of St. Petersburg Blanket Purchase Agreement 235458 To report fraudulent or unethical behavior, contact EthicsPoint, Inc. at 1-888-236-7053 or www.ethicspoint.com. For grievance related to a specific solicitation, please adhere to the dispute and complaint instructions in the solicitation document. LINE DESCRIPTION UOM UNIT PRICE 7 Oil, Engine, diesel, 15W40, 5 GAL. Total Rubia TIR 15W40 CJ-4 /SM PAIL 39.00 8 Oil, Motor, heavy duty, SAE 40W, ISO 150, Bulk Delivery. Total Rubia S 40WT GALLON 5.45 9 Oil, Motor, heavy duty, SAE 40W, ISO 150, 55 GAL. Total Rubia S 40WT DRUM 369.00 10 Oil, Tractor hydraulic fluid, Bulk Delivery. Total Dynatrans MP Tractor HYD GALLON 4.72 11 Oil, Tractor hydraulic fluid, 5 GAL. TotalDynatrans MP Tractor HYD PAIL 36.70 12 Oil, Hydraulic, ISO Viscosity VG 46/HLP, 5 GAL. Smitty HVI AW 46 5000 HRS PAIL 23.00 13 Oil, Hydraulic, ISO 32, equal to #10 hydraulic oil, 5 GAL. Smitty HVI AW 32 5000 HRS PAIL 23.00 14 Oil, Hydraulic Fluid, ISO 46, 55 GAL. Smitty HVI 46 5000 HRS DRUM 259.00 15 Oil, Hydraulic, T SAE AW 68, ISO 68, Bulk Delivery. Smitty HVI AW 68 GALLON 3.83 16 Oil, Hydraulic, T SAE AW 68, ISO 68, 5 GAL. Smitty HVI AW 68 PAIL 23.00 17 Oil, Hydraulic, ISO 100, 5 GAL. Total Azolla ZS AW 100 PAIL 46.90 18 Fluid, Transmission, automatic, multi-purpose, Bulk Delivery. Smitty Super S H 111 ATF GALLON 4.39 19 Fluid, Transmission, automatic. Smitty Super SYN ATF QUART 3.00 20 Fluid, Transmission, automatic, Bulk Delivery. Smitty Super SYN Universal ATF GALLON 7.45 21 Oil, Transmission, synthetic, 5 GAL. Allison TES 295 approved products only. BP Autran SYN TES 295 PAIL 176.00 22 Oil, Transmission, synthetic, 55 GAL. Allison TES 295 approved products only. BP Autran SYN TES 295 DRUM 1,796.00 Blanket Purchase Agreement Do Not ShipBlanket Purchase Agreement Do Not ShipCity of St. Petersburg Blanket Purchase Agreement 235458 To report fraudulent or unethical behavior, contact EthicsPoint, Inc. at 1-888-236-7053 or www.ethicspoint.com. For grievance related to a specific solicitation, please adhere to the dispute and complaint instructions in the solicitation document. LINE DESCRIPTION UOM UNIT PRICE 23 Oil, Gear, EP 100, AGMA #3, ISO 100, 5 GAL. Total Carter EP 100 PAIL 59.50 24 Oil, Gear, EP 150, AGMA #4, ISO 150, 5 GAL. Total Carter EP 150 PAIL 57.50 25 Oil, Gear, EP 220, AGMA #5, ISO 220, 5 GAL. Total Carter EP 220 PAIL 57.50 26 Oil, Gear, EP 320, AGMA #6, ISO 320, 5 GAL. Total Carter EP 320 PAIL 57.50 27 Lubricant, Gear, Multi-Purpose, AGMA #7 ISO 460, 5 GAL. Total Carter EP 460 PAIL 69.90 28 Lubricant, Gear, Multi-Purpose, AGMA #8 ISO 680, 5 GAL. Total Carter EP 680 PAIL 76.00 29 Gear Lube, 85W140, 16 GAL. Smitty 85W 140 GL-5 KEG 178.00 30 Gear Lube, 85W140, 5 GAL. Smitty 85W 140 GL-5 PAIL 47.00 31 Gear Lube, 80W90, 5 GAL. Total MP 80W90 gear oil PAIL 47.00 32 Grease, Molly, E-0, 14 OZ. Total Multis Complex HV Moly TUBE 2.51 33 Grease, multi-purpose, JT-6, #2 viscosity, 55 GAL. Mystik JT-6 MP Hi Temp DRUM 1,060.00 34 Grease, multi-purpose, JT-6, #2 viscosity, 16 GAL. Mystik JT-6 MP Hi Temp KEG 325.00 35 Grease, multi-purpose, JT-6, #2 viscosity, 5 GAL. Mystik JT-6 MP Hi Temp PAIL 95.30 36 Grease, multi-purpose, JT-6, #2 viscosity, 14 OZ. Mystik JT-6 MP Hi Temp TUBE 2.65 37 Grease, multi-purpose, JT-6, #1 viscosity, 14 OZ. Mystik JT-6 MP Hi Temp TUBE 2.65 38 Oil, Machine, mineral based, R & O 68, 5 GAL. Total Cirkan R & O 68 PAIL 49.50 39 Oil, Machine, mineral based, R & O 100, ISO 100, 5 GAL. Total Cirkan R & O 100 PAIR 49.50 Blanket Purchase Agreement Do Not ShipBlanket Purchase Agreement Do Not ShipCity of St. Petersburg Blanket Purchase Agreement 235458 To report fraudulent or unethical behavior, contact EthicsPoint, Inc. at 1-888-236-7053 or www.ethicspoint.com. For grievance related to a specific solicitation, please adhere to the dispute and complaint instructions in the solicitation document. LINE DESCRIPTION UOM UNIT PRICE 40 Oil, Machine, mineral based, R & O 220, 5 GAL. Total Cirkan R & O 220 PAIL 49.50 41 Oil, Machine, mineral based, R & O 150, 5 GAL. Total Cirkan R & O 150 PAIL 49.50 42 Oil, Machine, mineral based, R & O 220, 5 GAL. Total Cirkan R & O 220 PAIL 49.50 43 Oil, Food Grade ISO VG 200, 5 GAL. Citgo Clarion White, Fina Vestan 210 White Mineral Oil PAIL 74.00 44 Gear Lube, Synthetic, 80W140. Smitty SYN Plus 80W140 GL-5 KEG 319.00 45 Gear Lube, SAE 80/90, 32 OZ Squeeze Bottle. Smitty Super 80W90 GL-5 BOTTLE 2.90 46 Oil, synolan diester compressor, synthetic, ISO 100, 5 gallon pail. Fina 42100 PAIL 155.00 47 Grease, Lithium Complex, red, 55 GAL. Total Multis Complex ET#2 DRUM 665.00 48 Oil, Motor, 10W, 55 GAL. Total Rubia S 10W DRUM 625.00 49 Oil, Motor, 15-40W, low ash CNG, 55 GAL. Total Rubia 15W40 DRUM 475.00 50 Fluid, Transmission, 10W, 55 GAL. Total Dynatrans AC 10W.DRUM 459.00 51 Oil, Motor, HD 40, heavy duty, 1 GAL, bulk delivery. Amalie HD 40 GALLON 5.45 52 Bulk BP Autran Syn 295 part # BP 70970-000 GALLON 32.65 53 Rubia Gas 5M 15w40 part# 311152-000 GALLON 7.35 54 Oil, Engine, diesel, 5w20, Full Synthetic Bulk Delivery. Cam2 Synavex Full Syn. 5w20 GALLON 6.35 55 Oil, Engine, diesel, 5W30, Full Synthetic Bulk Delivery. Cam2 Synavex Full Syn. 5W30 GALLON 6.35 56 Oil, Tractor hydraulic fluid, 55 Gallon drum. Total Dynatrans MP Tractor HYD DRUM 319.00 Blanket Purchase Agreement Do Not ShipBlanket Purchase Agreement Do Not ShipCity of St. Petersburg Blanket Purchase Agreement 235458 To report fraudulent or unethical behavior, contact EthicsPoint, Inc. at 1-888-236-7053 or www.ethicspoint.com. For grievance related to a specific solicitation, please adhere to the dispute and complaint instructions in the solicitation document. LINE DESCRIPTION UOM UNIT PRICE 57 Fluid, Transmission, Atf dex 3, 55 GAL. Cam2 multipurpose D/M Atf .DRUM 295.00 State Sales Tax Exemption Number 85-8012740154C-1 Federal Employer ID Number 59-6000424 Procurement Director Blanket Purchase Agreement Do Not ShipBlanket Purchase Agreement Do Not ShipCity of St. Petersburg Blanket Purchase Agreement 235458 To report fraudulent or unethical behavior, contact EthicsPoint, Inc. at 1-888-236-7053 or www.ethicspoint.com. For grievance related to a specific solicitation, please adhere to the dispute and complaint instructions in the solicitation document. Acceptance and Acknowledgement: Please log in to the iSupplier Portal and acknowledge acceptance of the terms and conditions of this agreement and all change notices. Once logged in, follow the steps outlined below to acknowledge this purchase order: 1. Click on 'Orders' tab 2. Select 'Purchase Orders to Acknowledge' from the View Menu 3. Select the specific purchase order 4. Click the 'Acknowledge' button 5. Select 'Accept Entire Order' 6. On next screen, click 'Submit' If login information is unknown or difficulties are experienced please contact Registration@stpete.org for assistance. Blanket Purchase Agreement 235458, 0 City of St. Petersburg Contract Terms and Conditions Table of Contents Blanket Purchase Agreement 235458, 0 City of St. Petersburg City of St Petersburg Solicitation Documents PART A: SCOPE OF SERVICES Scope of Service See section 1.4 Attachments, Appendix A: Scope of Services Blanket Purchase Agreement 235458, 0 City of St. Petersburg PART B: INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS Bid - Instructions to Bidders, Supplies Intent The instructions to bidders and general conditions described herein apply to transactions for material or supplies with an estimated aggregate cost of $10,000 or more. Definitions Bid: The term bid means the offer of a price by the bidder. Bidder: The term bidder means the offeror. City: The term City means the City of St. Petersburg, Florida. Change Notice: The term change notice means a written order signed by the Director of Procurement & Supply Management or an authorized representative directing the vendor to make changes to the Contract. Contract: The term contract means the contract, purchase order or blanket purchase agreement resulting from the IFB and award to the successful bidder. The Contract shall include all documents whether attached or incorporated by reference, utilized for soliciting sealed bids. Invitation for Bids: The term Invitation for Bids means a solicitation of formal sealed bids. The acronym "IFB" (or "RFQ" interchangeably) means Invitation for Bids. The IFB includes the Instructions to Bidders and General Conditions, purchase descriptions and/or specifications and may also include additional terms and conditions and all documents whether attached or incorporated by reference, utilized for soliciting sealed bids. Laws: The term laws means current and future federal, state, and local statutes, rules, regulations and ordinances, the federal and state constitutions, and the orders and decrees of any lawful authorities having jurisdiction over the matter of issue. Responsible Bidder: The term responsible bidder means a bidder who has the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment and credit which will assure good faith performance. Responsive Bidder: The term responsive bidder means a bidder who has submitted a bid which conforms in all material respects to the requirements set forth in the IFB. SBE: A SBE (Small Business Enterprise) is defined by St. Petersburg City Code, Section 2-231-2-237 as an independently owned, operated and controlled business which is not dominant in its field of operation and is a provider of supplies, services or construction. The business must have been in operation for at least one (1) year and must serve a commercially useful function; have 50 full-time employees or less; annual sales volume of $5 million or less for goods/services/supplies and $8 million for construction; domiciled in Pinellas, Hillsborough, Pasco, Manatee, or Polk counties; and must be certified by the City's Greenhouse. Supplies: All property, including but not limited to equipment, materials, printing, insurance, and leases of real property, excluding land or a permanent interest in land. Preparation of Bids 1. Bidders are expected to examine the specifications, drawings, and all special and general conditions. Failure to do so will be at the bidder's risk. 2. Bids shall be submitted on the forms furnished or copies thereof. All bids must be submitted by an officer or Blanket Purchase Agreement 235458, 0 City of St. Petersburg employee having authority to bind the company or firm by his/her signature. If modifications or other changes appear on the forms, each modification or change must be clearly indicated by the person submitting the bid. 3. The 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 a discrepancy between the unit price and total price, the unit price will be presumed correct. 4. The bidder must state a definite time for delivery of supplies. 5. The bidder shall retain a copy of all bid documents for future reference. 6. All bids must be signed with the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature. Explanations to Bidders 7. Any explanation regarding the meaning or interpretation of the invitation for bids, drawings, specifications, etc., requested orally or in writing by a bidder, must be requested in a minimum of three days prior to the bid opening unless otherwise specified by the City in writing for a reply to reach bidders before the submissions of their bids. 8. Explanations or instructions shall not materially alter the IFB unless they are in writing. Oral explanations or instructions given before the award of a contract will not be binding. If necessary, a written addendum to an IFB will be issued to all prospective bidders to clarify, correct or change the IFB. Bid Guarantee 9. Where a bid guarantee is required by the IFB, failure to furnish a bid guarantee in the proper form and amount by the time set for opening bids shall be cause for rejection of the bid. 10. A bid guarantee shall be in the form of a bid bond, cash, postal money order, certified check, cashier's check, or irrevocable letter of credit. Bid guarantees, other than bid bonds, will be returned (a) to unsuccessful bidders as soon as practicable after the opening of bids, and (b) to the successful bidder upon full execution of the Contract and the City's receipt of all required certificates of insurance and bonds (including any necessary coinsurance or reinsurance agreements) as may be required by the Contract. 11. If the successful bidder, upon acceptance of his/her bid by the City within the period specified therein for acceptance, (90 days if no period is specified) fails to execute and/or fails to provide the City with all required certificates of insurance and the Contract bond(s) (including any necessary coinsurance or reinsurance agreements) within the time specified in the IFB (ten days if no period is specified), the award or Contract may be terminated. In such event the bidder shall be liable for any cost of the City procuring the work which exceeds the amount of the bidder's bid, and the bid guarantee shall be available toward offsetting such difference. Submission and Receipt of Bids 12. Bids must be received at or before the specified time of opening as designated in the IFB. Bidders are welcome to attend; however, no award will be made at this time. A bid tabulation will be furnished upon request. 13. Bids shall be submitted online prior to the time and date specified. Hard copy bids are accepted at the Office of Procurement and Supply Management only with prior written approval of the Director of Procurement and Supply Management. 14. Facsimile or emailed bids will not be considered; in addition, bids may not be modified by facsimile or email notice. Modifications to bids shall only be accepted online. 15. Modification of bids already submitted will be considered if received at the office designated in the IFB before Blanket Purchase Agreement 235458, 0 City of St. Petersburg the time set for opening of bids. All modifications must be submitted in online. 16. 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 retrieve samples, at their expense, within 30 days after notification. Failure to retrieve the samples within 30 days of notification will result in the samples becoming the property of the City. 17. Late bids shall be rejected. 18. All bid amounts shall be entered electronically in the pricing fields provided on the online bid form, as well as on the electronic spreadsheet provided with the IFB and uploaded with submission as applicable. Compliance 19. Failure to comply with the IFB in full may be cause for rejection of bid. Acceptance of Offer 20. The submitted bid shall be considered an offer on the part of the bidder; such offer shall be deemed accepted by the City upon full execution of the Contract. Firm Prices 21. The bidder warrants that prices, terms, and conditions quoted in its bid will be firm for acceptance for a period of not less than 90 days from the bid opening date unless otherwise specified in the IFB. Such prices will remain firm for the period of performance of the Contract. Estimated Quantities 22. When estimated quantities or usages are provided by the City in the IFB there is 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 the actual quantities ordered. F.O.B. Destination 23. Unless otherwise specified in the IFB, all prices quoted by the bidder must be F.O.B. St. Petersburg, Florida, with all delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid. Manufacturers' certificates of specifications conformance of materials may be required by the City; these certificates shall be furnished at no cost to the City. Cash Discounts 24. When the City is entitled to a cash discount, the period of computations will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Mistakes in Bids 25. Bids may be modified or withdrawn in the online application prior to the time and date set for bid opening. Blanket Purchase Agreement 235458, 0 City of St. Petersburg Correction or withdrawal of bids after bid opening because of an inadvertent non-judgmental mistake in the bid requires careful consideration to protect the integrity of the competitive bidding system, and to assure fairness. If the mistake is attributable to an error in judgment, the bid may not be corrected. Bid corrections or withdrawals by reason of a non-judgmental mistake are permissible but only to the extent they are not contrary to the interest of the City or the fair treatment of other bidders. Award 26. The contract will be awarded to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the IFB. 27. The City reserves the right to accept or reject any or all bids or parts of bids, waive informalities, and request rebids on the services in the IFB. 28. The City reserves the right to award the contract on a split-order, lump-sum, or individual-item basis, or such combination as shall best serve the interest of the City unless otherwise specified. Method of Award Small Business Enterprise (SBE) 29. For non-construction bid evaluation and quote evaluation purposes only, the POD may apply, objectively measurable discounts for bids and quotes submitted by SBEs for supplies and services, including construction projects under $50,000. When applying such discounts, the POD shall use the following scale as a basis to determine the lower bidder using the following formula: Bid Price X Discount = Evaluated Bid Price (EBP). This discount will be used for bid evaluation purposes only. Awarded Price shall be the same as bid price. 15% on low bids from $0 - $1,500 10% on low bids from $1,500 - 19,999 9% on low bids from $20,000 - 39,999 8% on low bids from $40,000 - 59,999 7% on low bids from $60,000 - 79,999 6% on low bids from $80,000 - 99,999 5% on low bids from $100,000 - 149,999 4% on low bids from $150,000 - 249,999 3% on low bids from $250,000 - 499,999 2% on low bids from $500,000 - 999,999 1% on low bids from $1,000,000 or more For example, if 10 percent applied: Example: $18,450 X .90 = $16,425 To be considered as a SBE, bidders must be certified and complete the Form for Claiming Status as a Small Business Enterprise included with this solicitation and upload it with their online response. Environmentally Preferable Purchasing 30. It is the policy of the City of St. Petersburg to purchase recycled and environmentally preferable goods. This includes products that contain recycled material, reduce toxicity and pollution, conserve energy, conserve water and Blanket Purchase Agreement 235458, 0 City of St. Petersburg prevent waste. This policy will be carried out consistent with the City's obligations and purpose, and with an overall intent to obtain competitive prices to provide value to the taxpayers. Vendors are encouraged to submit items in their bids that meet the City's Environmentally Preferable Purchasing ("EPP") program standards. When submitting EPP items for consideration, vendors must submit documentation that substantiates their claims. When evaluating submissions where two products are of equal fitness and quality, and the price of the EPP product is equal to or less than that of a non-EPP content product, the City will purchase the EPP product. Brand Names 31. When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is specified. However, if a product other than the specified bid, it is the bidder's responsibility to identify such product in its bid, and prove to the City that said product is equal to or better than the product specified. The City shall have the sole and absolute discretion to determine whether the product identified by the bidder is equal to or better than the product specified by the City. Manufacturers' certificates of specifications conformance of materials may be required by the City; these certificates shall be furnished at no cost to the City. Unless otherwise specified, evidence in the form of samples may be requested if the proposed brand 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 within the time specified after a formal request is made. Variations of Specifications 32. For purposes of bid evaluation, bidders must indicate any variances from bid specifications and/or conditions set forth herein or in the IFB, no matter how slight. If variations of these instructions are not stated in the bid, it will be assumed that the product or service fully complies with the City's specifications and that the bidder agrees to fully comply with these instructions and all conditions set forth in the IFB. Quality 33. All materials used in the manufacture or construction of supplies, materials, or equipment covered by this bid shall be new. The items bid must be new, the latest make or model, of the best quality, and of the highest grade of workmanship. Acceptance of Supplies 34. The supplies delivered under this bid shall remain the property of the seller until the City physically inspects the supplies and notifies the bidder in writing of the City's acceptance of the supplies. The supplies must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the supplies provided to the City are found by the City in its sole and absolute discretion to be defective or non-conforming with the specifi-ca¬tions, the City reserves the right to cancel the order upon written notice to the bidder and return the supplies to the bidder at the bidder's expense. Timely Delivery 35. 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. Blanket Purchase Agreement 235458, 0 City of St. Petersburg Copyright or Patent Rights 36. Bidders warrant that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and bidders agree to defend and hold the City harmless from any and all liability, loss, or expense (including but not limited to costs and attorneys' and experts' fees at trial and on appeal) occasioned by any such violation. Conflict of Interest 37. Bidders, by acceptance of this order, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of St. Petersburg is financially interested, directly or indirectly, in the purchase of goods specified in this IFB. Taxes 38. The City of St. Petersburg is exempt from any taxes imposed by State and/or Federal Government. Exemption certificates will be provided upon request. Manufacturer's Certification 39. The City reserves the right to request from bidders a separate manufacturer's certification of all statements made in the bid. Failure to provide such certification may result in rejection of bid or termination of the Contract, for which the bidder must bear full liability. These certificates shall be furnished at no cost to the City. Compliance with Order and Laws 40. Bidders, contractors, and concessionaires shall comply with all, applicable laws including, but not limited to: a. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. b. Occupational, Safety and Health Act (OSHA). c. The State of Florida Statutes Section 287.133(3)(A) on Public Entity Crimes 41. Non-compliance with any laws may be considered grounds for termination of the Contract. Default of Contract 42. In case of default by the bidder, the City may procure the items from other sources and hold the bidder responsible for any excess costs occasioned or incurred thereby. Modifications or Changes in the Contracts 43. No agreement or understanding to modify the Contract shall be binding upon the City unless made in writing by the Director of Procurement & Supply Management or an authorized representative of the City of St. Petersburg. Order of Precedence Blanket Purchase Agreement 235458, 0 City of St. Petersburg 44. In the event of an inconsistency between provisions of the Invitation For Bids ("IFB"), the inconsistency shall be resolved by giving precedence in the following order: (a) any Attachments / Appendices / Exhibits, whether incorporated by reference or otherwise, included in the IFB (b) the Specifications (c) the Special Provisions (d) the Bid Forms and (e) the Instructions to Bidders and General Conditions. Data Collection 45. Pursuant to Florida Statute 119.071 Social Security Numbers collected from bidders are used for identification, verification and tax reporting purposes. Public Records Requirementsand Trade Secret Exemption 46. All bids submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. Statutory exemptions for "trade secrets" may be available. 47. If your bid contains information that constitutes a "trade secret," all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXEMPTION," with your firm's name and the bid number marked on the outside. The City will not accept bids when the entire bid is labeled as a trade secret or confidential. 48. All bids submitted to the City become public records subject to the requirements of Chapter 119, Florida Statutes, and may not be returned to the bidder. 49. "Trade secret" means the whole or any portion or phase of any formula, pattern, device, combination of devices, or compilation of information which is for use, or is used, in the operation of a business and which provides the business an advantage, or an opportunity to obtain an advantage, over those who do not know or use it. "Trade secret" includes scientific, technical, or commercial information, including any design, process, procedure, list of suppliers, list of customers, business code, or improvement thereof. Irrespective of novelty, invention, patentability, the state of prior art, and the level of skill in the business, art, or field to which the subject matter pertains, a trade secret is considered to be: a. Secret; b. Of value; c. For use or in use by the business; and d. Of advantage to the business, or providing an opportunity to obtain an advantage, over those who do not know or use it when the owner therefore takes measures to prevent it from becoming available to persons other than those selected by the owner to have address thereto for limited purposes. 50. Be aware that the designation of an item as a trade secret by you may be challenged in court by any person or entity. By your designation of material in your bid as a "trade secret" you agree to defend the City of St. Petersburg (and its employees, agents and elected and appointed officials) against all claims and actions (whether or not a lawsuit is commenced) related to your designation of material as a "trade secret" and to hold harmless the City of St. Petersburg (and its employees, agents and elected and appointed officials) for any award to a plaintiff for damages, costs and attorneys' fees, and for costs and attorneys' fees incurred by the City by reason of any claim or action related to your designation of material as a "trade secret." Public Entity Crimes 51. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal on a contract to provide any goods or services to a public entity, may not submit a Proposal on a contract with a public entity for the construction or repair of a public building or public work, may not Blanket Purchase Agreement 235458, 0 City of St. Petersburg submit Proposals 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. Vendor Registration 52. Prior to award of an agreement resulting from this solicitation, successful bidder shall be registered with the Florida Division of Corporations http://sunbiz.org/ to do business in the state of Florida and as a vendor with the City of St. Petersburg. Bidder must register online with the City of St. Petersburg on the City's website at http://www.stpete.org/purchase/index.asp. Disputes and Complaints 53. All complaints or grievances should be first submitted orally or in writing to the Director of Procurement & Supply Management, who will take prompt remedial action. The Director of Procurement & Supply Management shall investigate the validity of the complaint and present the findings in writing to the vendor. If the vendor is dissatisfied with the Director of Procurement & Supply Management's remedies, he may then make an appeal to the Mayor. Discrimination 54. Vendors and Contractors for the City of St. Petersburg are required to comply with Pinellas County Code Section 70-53 (a)(1), regarding discrimination in employment; as well as all Federal, State and local laws. Pursuant to the Code, Vendors and Contractors shall provide workplaces free from discrimination harassment and related inappropriate behavior. Behavior that is discriminatory, harassing or otherwise inappropriate when such behavior is based on an individual's or group's race, color, national origin, religion, gender, marital status, age, disability, sexual orientation, genetic information or other protected category is considered a violation of the Code. Gender includes, but is not limited to sex, pregnancy, childbirth or medical conditions related to childbirth, and gender-related self- identity which can be shown by evidence such as medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity, or any other evidence that the gender-related identity is sincerely held. Vendors and Contractors are further encouraged to provide workplaces free of discrimination in terms of conditions of employment, including benefits. Prohibited Communication 55. Bidder, their agents and representatives are prohibited from lobbying City Council, the Mayor, elected officials and their staff, City departments, or City project consultants relative to this solicitation. Non-compliance with this provision will result in disqualification of Bidder from consideration. Health In All Policies 56. Pursuant to Executive Order EO-2018-04, it is the policy of the City to apply the consideration of health, health impacts, and the social determinants of health to the City's decision–making, including the delivery of services and procurement of supplies and construction. Contractors are encouraged to propose services, supplies and construction that promote health to the greatest extent practicable in their responses to City solicitations. Contractors are further encouraged to provide workplaces that promote the health and well-being of their employees. Blanket Purchase Agreement 235458, 0 City of St. Petersburg Consideration of Sea Level Rise and Resiliency 57. It is the policy of the City to apply the consideration of sea level rise and resiliency to the City's decision- making, including in the procurement of City construction projects. Bidders are encouraged to provide documentation addressing the following: a. Whether the project considers the latest regional best available science regarding the effects of sea level rise, climate-related vulnerability and resiliency in St. Petersburg; b. Whether the project affects an area that is vulnerable to the impacts of sea level rise; c. Whether the project will increase the resiliency of the City with respect to sea level rise; d. Whether the project is compatible with the City's sea level rise mitigation and resiliency efforts. Blanket Purchase Agreement 235458, 0 City of St. Petersburg PART C: TERMS & CONDITIONS TERMS & CONDITIONS Please see Attachment: Terms and Conditions Blanket Purchase Agreement 235458, 0 City of St. Petersburg Appendix A 1 Scope of Services Oil and Lubricants 1. Intent This is a co-operative quote for the purpose of establishing a multi-year contract for the requirements of oils and lubricants, to be ordered on an as needed basis by, but not limited to, the following participants: City of Clearwater City of Dunedin City of Pinellas Park City of St. Petersburg City of Tarpon Springs 2. Provision for Other Agencies Unless otherwise stipulated by the bidder, the bidder agrees to make available to all 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 this proposal. 3. Background The City requires a continuous supply of oil and lubricant products for its various fleet and machinery needs for several departments including Fleet Management, Golf Courses, Sanitation, Water Resources and COSME’s Water Treatment Plant located in Odessa, FL. The City is classified as a first responder for its fire and rescue, police, and sanitation vehicles for debris removal, health and safety purposes as well as generators for water treatment for potable water supply and reclamation facilities. 4. Minimum Requirements At a minimum, Contractor shall be required to provide the following: a. Classify City’s ‘first responder’ requirements as per any governmental preference, decree, directive or emergency law by local, county, state or Federal officials. b. All labor, materials, supervision, tools, equipment and vehicles necessary to furnish and deliver oils and lubricants to various City locations including Odessa, FL and within cooperative agencies. c. Evening, weekend and holiday emergency delivery, as needed and at no additional cost. d. Accept verbal orders from master blanket purchase agreement without written or electronic confirmation during emergencies. 2 e. Provide manufacturer/brand on bid form for each item bid. Include technical product specifications and warranty sheets for each product bid with bid submittal package. f. Additional charges including but not limited to drum deposits or waste charges are not allowed. g. Material safety data sheets (MSDS) for each product as required by Occupational Safety Health Administration (OSHA) requirements, Environmental Protection Agency (EPA), federal, state or local law. h. Invoicing to individual departments with city-wide consolidated reporting capabilities. i. Resolution of discrepancies in invoicing within five days of notification. j. A dedicated account manager who is available during normal business hours to administer the agreement. k. Notify the City within five days of any changes in the account manager or servicing representative and provide updated contact information. l. On-going training, at least one time per year, to its service/delivery personnel related to oil and lubricant deliveries including, but not limited to OSHA requirements, EPA, Florida statutes, and standard industry work practices. 5. Product Requirements a. Oils and lubricants supplied shall meet the requirements, as applicable, per the specifications listed for each product, as amended, at time of delivery. b. All oil barrels and pails must possess an intact refinery seal, a valid production lot number and a legible label clearly indicating the type and weight of the oil. c. Refinery sealed means sealed at the refinery company’s owned or operated blending plant and is not repackaged by another company or by the awarded Contractor. d. Oils and lubricants must be new (virgin), not recycled, of premium quality and free from contaminants. e. National brands only, no house brands allowed. 6. Contractor’s Responsibilities a. Contractor shall leave a metered delivery ticket at each delivery location listing the total amount of gallons pumped, type of fuel delivered, date and time of delivery and printed name and signature of City representative at delivery location. 3 b. Contractor shall be responsible to remove and dispose of their empty drums at no charge to the City. c. Contractor shall be responsible for all direct costs associated with but not limited to product spills or delivery of incorrect product delivered. 7. City’s Responsibilities a. Each facility shall establish one or two person(s) to be the authorized departmental representative and point of contact for Contractor’s servicing representative. b. Provide access to the facility for deliveries. 8. Emergency Services Contractor shall provide the City with evening, weekend, and holiday service, as necessary, to manage an emergency which threatens public health and safety, as determined by the City. Contractor shall provide first-priority services to the City in the event of a hurricane, flood, or other natural disaster. Contractor shall deliver items required on an emergency basis, as determined by the City, within 24 hours of notification by the City. Contractor shall deliver items required on a critical emergency basis, as determined by the City, within two hours of notification. The City has the option to purchase from other sources if Contractor is unable to meet emergency delivery requirements. Contractor shall accept verbal orders from master blanket purchase agreement without written or electronic confirmation during emergencies. Contractor and City shall each document in writing, ordering and receivable details to include Contractor name, Contractor sales representative name, date and time of order, blanket purchase order number, fuel type, quantity, delivery date and approximate delivery time, complete city delivery location, city purchase requestor name and phone number. Copies of written documentation shall be provided after normal conditions are resumed. 9. Prohibited Disposal Contractor shall not dispose of any oils, lubricants or other petroleum products on City property, nor into drains, storm drains, sewer systems, or into refuse containers. Contractor shall be responsible for payment of any fees, fines, or penalties assessed against the City for its disposing of oils, lubricants and other petroleum products. Improper disposal of petroleum products may be grounds for termination of this Agreement. 10. Quality All product delivered must meet or exceed the specifications and quality level specified. Any product rejected for deficient quality will be returned by the City and Contractor shall issue full credit within five business days. 4 11. Identification of Employees a. Contractor shall furnish each employee with proper identification badges, displaying the employee's picture, name and Contractor name. b. Contractor shall make identification visible at all times. c. Contractor and its employees shall dress in a professional manner compliant with the City and OSHA safety standards. d. Contractor and its employees shall dress in manner representative of the Contractor’s organization. e. Contractor’s employees shall not dress in a manner representative of the City or department where work is being performed. f. Contractor service vehicles used on City premises shall be clearly identified with Contractor’s name on exterior body. 12. Addition or Deletion The City may add or delete any product or location at any time during the Agreement. The addition of items will be based upon the lowest acceptable and responsible quote and will become a part of the Agreement and its terms and conditions. Pricing shall remain firm for the current Agreement period and be subject to the same price escalation/de-escalation provisions in the Agreement. 13. Account Management Contractor shall provide a single point of contact, dedicated account manager, based within the company who will be readily available during normal business hours to administer the Agreement. Contractor is responsible for notifying the City with any changes in account manager or contact information. Account manager’s responsibilities shall include, but are not limited to, overseeing all aspects of implementation, servicing, reporting and issue resolution. 14. Price Escalation/De-Escalation All prices (“base prices”) shall remain firm for the first 12 months of the agreement term. After the first 12 months, adjustments in prices shall not exceed the U. S. Bureau of Labor Statistics Producer Price Index (“PPI”) percent change for the most recent twelve month period (see http://www.bls.gov/, PPI, Fuels and Related Products, and Power: Finished Lubricants, Not Seasonally Adjusted, Series ID WPU0576. Approval of the price adjustment will establish a new base price, from which subsequent adjustments will be calculated. 15. Invoicing Contractor shall submit its invoices to the City on a monthly basis during the first week of the month for the previous month’s services rendered. Contractor shall include a copy of 5 the applicable work log with each invoice. The City’s methods for payment of invoices are paper check sent via USMail, electronic transfer (ACH), or electronic payment via credit card payment. 16. Non-exclusive Contract Award of this contract shall impose no obligation on the City to utilize the Contractor for all goods of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar items if it deems such action to be in the City’s best interest. 17. Laws, Adherence to all Local, State and Federal Laws and Requirements Contractor shall adhere to all applicable federal, state, and local laws, codes and ordinances, including, but not limited to, those promulgated by the Department of Labor, OSHA, EPA and the Florida State Department of Health Services. 18. Insurance A. Contractor shall carry the following minimum types and amounts of insurance at its own expense: 1) Commercial general liability insurance in an amount of at least One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) aggregate in occurrences form. This policy shall include coverage for (i) personal injury or death or property damage or destruction; (ii) business interruption; (iii) fire legal liability in the minimum amount of One Hundred Thousand Dollars ($100,000); and (iv) contractual liability under this Agreement. 2) Automobile liability insurance of $1,000,000 combined single limit covering all owned, hired and non-owned vehicles. The automobile liability policy shall include the MCS 90 Endorsement for Motor Carrier Policies of Insurance for Public Liability under Sections 29 and 30 of the Motor Carrier Act of 1980. 3) Workers’ Compensation insurance as required by Florida law and Employers’ Liability Insurance in an amount of at least $100,000 each accident, $100,000 per employee, and $500,000 for all diseases. B. All of Contractor’s insurance policies, except Workers’ Compensation, shall name the Indemnified parties as additional insureds. C. All policies shall provide that the City will be provided notice at least thirty (30) days prior to any cancellation, reduction or material change in coverage. D. Contractor shall provide the City with Certificates of Insurance on a standard ACORD form reflecting all required coverage. At the City’s request, Contractor shall provide copies of current policies with all applicable endorsements. 6 E. All insurance required shall be provided by responsible insurers licensed in the State of Florida and rated at least A- in the then current edition of Best’s Insurance Guide. F. Contractor hereby waives all subrogation rights of its insurance carriers in favor of the Indemnified Parties. This provision is intended to waive fully, and for the benefit of the Indemnified Parties, any rights or claims which might give rise to a right of subrogation in favor of any insurance carrier. G. The City shall have the right to reasonably increase the amount or expand the scope of insurance to be maintained by Contractor hereunder from time to time. 19. Performance Evaluation During this Agreement term, Contractor’s performance will be evaluated on multiple criteria including service, quality, accessibility, responsiveness, documentation, skills, creativity and innovation, customer interfaces and flexibility. Non or substandard performance may be grounds for termination of this Agreement. IFB 7654 Oils Lubricants, Adam Williams City of St. Petersburg Bid Tabulation Procurement and Supply Management Palmdale Oil Company Inc Lubrication Engineers, Inc. Tampa, FL Wichita, KS Terms: Net 30 Terms: Net 30 Delivery: 1 to 2 Days Delivery: 3 to 5 Days Item No.Description Qty.UOM UnitPrice Extended Price Unit Price Extended Price 1 Oil, Motor, synthetic blend, 5W20, 1 GAL, Bulk Delivery, Smitty Super S Multi-Flo S/B 5W20 GF-5/SN 621 GALLON $3.98 $2,471.58 $28.91 $17,953.11 2 Oil, Motor, synthetic blend, 5W30. Citgo Supergard, Bulk Delivery. Smitty Super S Mulfi-flo 5W30 S/B GF-5/SN 621 GALLON 3.98 2,471.58 28.91 17,953.11 3 Oil, Motor, 10W30, 5 GAL. Smitty Super S S/B 10W30 GF-5/SN 1 PAIL 32.00 32.00 .01 0.01 4 Oil, Motor, SAE15W40, Bulk Delivery. Total TIR 7900 15W40 CJ-4/SM 464 GALLON 5.13 2,380.32 12.00 5,568.00 5 Oil, Engine, SAE 15W40, CJ-4, TBN 8 minimum, 1% or less sulfated ash, 55 GAL. Total TIR 7900 15W40 CJ-4/SM 1 DRUM 340.00 340.00 12.00 12.00 6 Oil, Engine, diesel, 15W40, 55 GAL. Total Rubia TIR 15W40 CJ-4 /SM 26 DRUM 340.00 8,840.00 12.00 312.00 7 Oil, Engine, diesel, 15W40, 5 GAL. Total Rubia TIR 15W40 CJ- 4 /SM 18 PAIL 39.00 702.00 13.20 237.60 8 Oil, Motor, heavy duty, SAE 40W, ISO 150, Bulk Delivery. Total Rubia S 40WT 1 GALLON 5.45 5.45 24.21 24.21 9 Oil, Motor, heavy duty, SAE 40W, ISO 150, 55 GAL. Total Rubia S 40WT 1 DRUM 369.00 369.00 18.73 18.73 10 Oil, Tractor hydraulic fluid, Bulk Delivery. Total Dynatrans MP Tractor HYD 65 GALLON 4.72 306.80 27.13 1,763.45 11 Oil, Tractor hydraulic fluid, 5 GAL. TotalDynatrans MP Tractor HYD 15 PAIL 36.70 550.50 27.13 406.95 12 Oil, Hydraulic, ISO Viscosity VG 46/HLP, 5 GAL. Smitty HVI AW 46 5000 HRS 31 PAIL 23.00 713.00 25.10 778.10 13 Oil, Hydraulic, ISO 32, equal to #10 hydraulic oil, 5 GAL. Smitty HVI AW 32 5000 HRS 1 PAIL 23.00 23.00 25.10 25.10 14 Oil, Hydraulic Fluid, ISO 46, 55 GAL. Smitty HVI 46 5000 HRS 35 DRUM 259.00 9,065.00 24.02 840.70 15 Oil, Hydraulic, T SAE AW 68, ISO 68, Bulk Delivery. Smitty HVI AW 68 6000 GALLON 3.83 22,980.00 23.51 141,060.00 16 Oil, Hydraulic, T SAE AW 68, ISO 68, 5 GAL. Smitty HVI AW 68 39 PAIL 23.00 897.00 24.55 957.45 17 Oil, Hydraulic, ISO 100, 5 GAL. Total Azolla ZS AW 100 15 PAIL 46.90 703.50 24.86 372.90 18 Fluid, Transmission, automatic, multi-purpose, Bulk Delivery. Smitty Super S H 111 ATF 105 GALLON 4.39 460.95 27.81 2,920.05 19 Fluid, Transmission, automatic. Smitty Super SYN ATF 1 QUART 3.00 3.00 15.47 15.47 20 Fluid, Transmission, automatic, Bulk Delivery. Smitty Super SYN Universal ATF 25 GALLON 7.45 186.25 15.47 386.75 21 Oil, Transmission, synthetic, 5 GAL. Allison TES 295 approved products only. BP Autran SYN TES 295 1 PAIL 176.00 176.00 0.01 0.01 Award Pending IFB 7654 Oils Lubricants, Adam Williams City of St. Petersburg Bid Tabulation Procurement and Supply Management Palmdale Oil Company Inc Lubrication Engineers, Inc. Tampa, FL Wichita, KS Terms: Net 30 Terms: Net 30 Delivery: 1 to 2 Days Delivery: 3 to 5 Days Item No.Description Qty.UOM UnitPrice Extended Price Unit Price Extended Price 22 Oil, Transmission, synthetic, 55 GAL. Allison TES 295 approved products only. BP Autran SYN TES 295 1 DRUM 1,796.00 1,796.00 0.01 0.01 23 Oil, Gear, EP 100, AGMA #3, ISO 100, 5 GAL. Total Carter EP 100 1 PAIL 59.50 59.50 37.62 37.62 24 Oil, Gear, EP 150, AGMA #4, ISO 150, 5 GAL. Total Carter EP 150 2 PAIL 57.50 115.00 37.62 75.24 25 Oil, Gear, EP 220, AGMA #5, ISO 220, 5 GAL. Total Carter EP 220 8 PAIL 57.50 460.00 37.62 300.96 26 Oil, Gear, EP 320, AGMA #6, ISO 320, 5 GAL. Total Carter EP 320 10 PAIL 57.50 575.00 37.62 376.20 27 Lubricant, Gear, Multi-Purpose, AGMA #7 ISO 460, 5 GAL. Total Carter EP 460 16 PAIL 69.90 1,118.40 37.62 601.92 28 Lubricant, Gear, Multi-Purpose, AGMA #8 ISO 680, 5 GAL. Total Carter EP 680 18 PAIL 76.00 1,368.00 37.62 677.16 29 Gear Lube, 85W140, 16 GAL. Smitty 85W 140 GL-5 57 KEG 178.00 10,146.00 5.21 296.97 30 Gear Lube, 85W140, 5 GAL. Smitty 85W 140 GL-5 6 PAIL 47.00 282.00 5.30 31.80 31 Gear Lube, 80W90, 5 GAL. Total MP 80W90 gear oil 1 PAIL 47.00 47.00 5.30 5.30 32 Grease, Molly, E-0, 14 OZ. Total Multis Complex HV Moly 1 TUBE 2.51 2.51 0.01 0.01 33 Grease, multi-purpose, JT-6, #2 viscosity, 55 GAL. Mystik JT-6 MP Hi Temp 2 DRUM 1,060.00 2,120.00 6.64 13.28 34 Grease, multi-purpose, JT-6, #2 viscosity, 16 GAL. Mystik JT-6 MP Hi Temp 26 KEG 325.00 8,450.00 6.80 176.80 35 Grease, multi-purpose, JT-6, #2 viscosity, 5 GAL. Mystik JT-6 MP Hi Temp 14 PAIL 95.30 1,334.20 6.87 96.18 36 Grease, multi-purpose, JT-6, #2 viscosity, 14 OZ. Mystik JT-6 MP Hi Temp 4444 TUBE 2.65 11,776.60 8.27 36,751.88 37 Grease, multi-purpose, JT-6, #1 viscosity, 14 OZ. Mystik JT-6 MP Hi Temp 111 TUBE 2.65 294.15 8.27 917.97 38 Oil, Machine, mineral based, R & O 68, 5 GAL. Total Cirkan R & O 68 10 PAIL 49.50 495.00 25.85 258.50 39 Oil, Machine, mineral based, R & O 100, ISO 100, 5 GAL. Total Cirkan R & O 100 24 PAIR 49.50 1,188.00 25.85 620.40 40 Oil, Machine, mineral based, R & O 220, 5 GAL. Total Cirkan R & O 220 16 PAIL 49.50 792.00 25.85 413.60 41 Oil, Machine, mineral based, R & O 150, 5 GAL. Total Cirkan R & O 150 10 PAIL 49.50 495.00 25.85 258.50 42 Oil, Machine, mineral based, R & O 220, 5 GAL. Total Cirkan R & O 220 10 PAIL 49.50 495.00 25.85 258.50 43 Oil, Food Grade ISO VG 200, 5 GAL. Citgo Clarion White, Fina Vestan 210 White Mineral Oil 10 PAIL 74.00 740.00 6.45 64.50 Award Pending IFB 7654 Oils Lubricants, Adam Williams City of St. Petersburg Bid Tabulation Procurement and Supply Management Palmdale Oil Company Inc Lubrication Engineers, Inc. Tampa, FL Wichita, KS Terms: Net 30 Terms: Net 30 Delivery: 1 to 2 Days Delivery: 3 to 5 Days Item No.Description Qty.UOM UnitPrice Extended Price Unit Price Extended Price 44 Gear Lube, Synthetic, 80W140. Smitty SYN Plus 80W140 GL-5 26 KEG 319.00 8,294.00 9.03 234.78 45 Gear Lube, SAE 80/90, 32 OZ Squeeze Bottle. Smitty Super 80W90 GL-5 1 BOTTLE 2.90 2.90 0.01 0.01 46 Oil, synolan diester compressor, synthetic, ISO 100, 5 gallon pail. Fina 42100 1 PAIL 155.00 155.00 0.01 0.01 47 Grease, Lithium Complex, red, 55 GAL. Total Multis Complex ET#2 1 DRUM 665.00 665.00 6.63 6.63 48 Oil, Motor, 10W, 55 GAL. Total Rubia S 10W 1 DRUM 625.00 625.00 0.01 0.01 49 Oil, Motor, 15-40W, low ash CNG, 55 GAL. Total Rubia 15W40 1 DRUM 475.00 475.00 12.00 12.00 50 Fluid, Transmission, 10W, 55 GAL. Total Dynatrans AC 10W.13 DRUM 459.00 5,967.00 27.11 352.43 51 Oil, Motor, HD 40, heavy duty, 1 GAL, bulk delivery. Amalie HD 40 1 GALLON 5.45 5.45 24.20 24.20 52 Bulk BP Autran Syn 295 part # BP 70970-000 18 GALLON 32.65 587.70 29.44 529.92 53 Rubia Gas 5M 15w40 part# 311152-000 132 GALLON 7.35 970.20 0.01 1.32 54 Oil, Engine, diesel, 5w20, Full Synthetic Bulk Delivery. Cam2 Synavex Full Syn. 5w20 350 GALLON 6.35 2,222.50 0.01 3.50 55 Oil, Engine, diesel, 5W30, Full Synthetic Bulk Delivery. Cam2 Synavex Full Syn. 5W30 250 GALLON 6.35 1,587.50 0.01 2.50 56 Oil, Tractor hydraulic fluid, 55 Gallon drum. Total Dynatrans MP Tractor HYD 2 DRUM 319.00 638.00 27.80 55.60 57 Fluid, Transmission, Atf dex 3, 55 GAL. Cam2 multipurpose D/M Atf 2 DRUM 295.00 590.00 27.28 54.56 $120,611.54 $235,116.47 Total:$120,611.54 $235,116.47 Subtotal: Award Pending ST. PETERSBURG CITY COUNCIL Consent Agenda Meeting of July 9, 2020 To: The Honorable Ed Montanari, Chair, and Members of City Council Subject: Approving a three-year blanket purchase agreement with Palmdale Oil Company Inc., for oil and lubricants, at an estimated annual cost of $125,000 per year, for a total contract amount of $375,000. Explanation: The Procurement and Supply Management Department received two bids for the delivery of bulk oil and lubricants. The vendor will furnish and deliver motor, gear and hydraulic oils, as well as lubricants and greases for the maintenance and repairs of city vehicles, pumps, equipment and machinery. The primary users are the Fleet Management, Water Resources and Parks & Recreation departments. The Procurement and Supply Management Department recommends for award: Palmdale Oil Company, Inc (Ft. Pierce, FL) ……………………………. $375,000 (Three-years @ $125,000 per year) Palmdale Oil Company Inc., the lowest and responsible bidder, has met the requirement of IFB No. 7654, dated April 30, 2020. The company is headquartered in Ft. Pierce and has been in business since 1984. It has satisfactorily provided these services for the City of St. Petersburg. This agreement will be effective through July 31, 2023, with one two-year renewal option. A blanket purchase agreement will be issued and will be binding only for actual services rendered. Cost/Funding/Assessment Information: Funds have been previously appropriated in the Fleet Management Operating Fund (5001), Golf Course Operating Fund (4061), and the Water Resources Operating Fund (4001). Attachments: Price History Bid Tabulation (3 pages) Resolution Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8195 Agenda Date: 9/17/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.20 SUBJECT/RECOMMENDATION: Approve an agreement with the Law Firm of Dean, Mead & Dunbar to provide lobbying services at the state level from October 1, 2020 through September 30, 2024 at a cost of $4,000 per month, plus estimated expenses of $4,800, not to exceed $52,800 per year, and authorize the appropriate officials to execute same. (consent) SUMMARY: Lobbying services assist the City in pursuing funding and favorable legislation at the state level. Request for Proposal 46-20 (RFP) was released to select a provider of these services. Responses were received from Dean, Mead, & Dunbar, JEJ & Associates, Inc., Johnston & Stewart Government Strategies, LLC and Suskey Consulting, LLC. The evaluation committee, consisting of the City Clerk, City Attorney, and the Economic Development & Housing Assistant Director, reviewed written proposals on August 13, 2020. Selection criteria were: Demonstrated Experience, Qualifications of Team, Reference Reports and Cost of Services. The committee determined Dean Mead to be the most responsive to criteria established in the RFP. Dean Mead has been the City’s state lobbyist since 2014 and the City has been satisfied with their services. Dean Mead proposes the same rate as the previous contract. The agreement may be cancelled at any time with 30 days advance notice. APPROPRIATION CODE AND AMOUNT: Annual costs for this contract will be included in the Official Records and Legislative Services operating budget under appropriation code 0109700-530100, professional services. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 9/17/2020 -7/24/20 Presented To: The City of Clearwater Request for Proposals #46-20 State Lobbying Services July 24, 2020 Presented by: Dean, Mead & Dunbar 215 S. Monroe Street, Suite 815 Tallahassee, Florida 32301 850-999-4100 www.deanmead.com Orlando ∙ Fort Pierce/Stuart ∙ Tallahassee ∙ Viera/Melbourne Dean, Mead & Dunbar Page 1 -7/24/20 TABLE OF CONTENTS TAB 1 – Letter of Transmittal ................................................................................................2 TAB 2 - Demonstrated Experience Providing Lobbying Services with Local Governments and/or Organizations; References ............................................................................6 1) Statement of Qualifications, Abilities, Experience and Expertise.......................6 2) References .........................................................................................................27 TAB 3 – Qualifications – Education and Training of Lobbyist(s) ......................................33 TAB 4 – Cost for Services ....................................................................................................50 TAB 5 – Other Forms ...........................................................................................................51 1) Exceptions/Additional Materials/Addenda form and Addendum #1 2) Vendor Information form 3) Vender Certification of Proposal Form 4) Scrutinized Companies form(s) as required 4) W-9 form. Include a current W-9 form Dean, Mead & Dunbar Page 2 -7/24/20 July 24, 2020 Ms. Lori Vogel, CPPB Procurement Manager City of Clearwater Procurement Division 100 S Myrtle Ave Clearwater, FL 33756-5520 PO Box 4748, 33758-4748 RE: Request for Proposals: #46-20 – State Lobbying Services Dear Ms. Vogel: Dean, Mead & Dunbar ("Dean Mead" or "the Firm") is pleased to respond to the City of Clearwater Request for Proposal Number 46-20 for State Lobbying Services. On the following pages, you will find our detailed proposal to provide full-service lobbyist representation for the City. We are honored to currently represent the City of Clearwater before state government and hope to continue our successful and productive tenure as the City’s lobbyist. We also represent a range of private sector interests, as well as public entities. That experience, coupled with our specific knowledge of the issues impacting the City of Clearwater, allows us to continue to seamlessly provide the services outlined in the scope of services as the Legislature prepares for the 2021 Legislative Session. Our successes for the City of Clearwater and our other public sector clients are detailed in the proposal below, and they span a wide variety of substantive and budgetary issues. The members of the Firm's Government Relations and Lobbying Team have been active stakeholders in many statewide issues which impact the City, such as beach nourishment, tourist development taxes, public mooring, vacation rentals, law enforcement body cameras, municipal elections, red-light cameras, local business taxes, economic development programs, homelessness initiatives, public records abuses and water supply and water quality. Our team has a great depth of relationships with the people who are key in the legislative process and with state agencies, and we know that we are trusted and respected by governmental leaders and their staffs. At Dean Mead, our Government Relations and Lobbying Team is very experienced and hands-on. We have developed a highly effective governmental relations team because we are knowledgeable and strategic, but also because we are good communicators, both with our clients and Florida’s elected leaders. The City of Clearwater has had, and will continue to have, direct access to a former State Representative and veteran lobbyist, Mr. Peter Dunbar, who celebrated his 54th legislative session in Tallahassee this year. Mr. Dunbar is surrounded by an excellent team with the combined experience of over 150 years working on the ground in Tallahassee. The Dean Mead team includes Martha Edenfield, Marc Dunbar, Christopher Moya, French Brown, Jennifer Ungru, and Angela Bonds. Key Project Managers, Peter Dunbar and Martha Edenfield, will serve as the main points of contact for the City regarding State Lobbying Services. You have our commitment the City will have immediate access to our entire team, and will always have timely and in-depth attention to your issues. We have a strong base of knowledge of the unique characteristics and issues facing the City of Clearwater, and we hope to continue to put this knowledge to work for you. We have a keen understanding of the nature and scope of the work to be performed pursuant to this RFP for State Lobbying Services, including the representation of the City in advocating its Legislative Priorities. Dean Mead recently celebrated its 40 year anniversary of being established as a Florida law firm. Dean Mead is qualified and financially capable of providing the necessary resources to fulfill the duties as described in this response and as required in the RFP. Our firm and all assigned professionals possess all licenses, registration and certifications required to provide the requested services in the State of Florida, and the City of Clearwater. We are committed to perform the services outlined in the RFP for the duration of the contract. Thank you for considering our qualifications. We welcome the opportunity to interview in- person or by other means if the City would like to do so in advance of making a selection. We believe our skills, knowledge and relationships are an asset to the City of Clearwater's state lobbying program and hope to continue to have the opportunity to serve you. Sincerely yours, ff* Marc D. President Dean Mead Dean, Mead & Dunbar -7124120 Page 3 Dean, Mead & Dunbar Page 4 -7/24/20 Introduction and Executive Summary The Law Firm of Dean Mead is pleased to submit this Proposal to provide State Lobbying Services in representation of the City of Clearwater. Our experience and expertise make us uniquely able and well-qualified to provide the services outlined in the Scope of Work as the Legislature goes into the 2021 Legislative Session. Our Team members have long histories and excellent track records in representing counties, cities and other political subdivisions of the state. Our seven person Government Relations & Lobbying Team in Tallahassee currently has decades of experience representing local governments before the Florida Legislature and Executive Agencies. We know the issues that are unique to local government, the hot spots of controversy both now and historically, and have a good sense of what to expect in the future. We often assist our local government clients with a myriad of executive agency matters, such as permitting and contract issues that need special attention and action. In addition to our expertise in local government matters, we have been effective representatives for local government because we communicate well with our clients. We offer a range of policies, procedures, and techniques to be used in performing the services identified in the RFP. These include the capability to communicate effectively with the City, the ability to draw on years of experience to recommend proactive strategies to benefit the City, the depth and experience to advocate for the City on any issue, and the ability to provide in-depth research and complicated legislation drafting service to the City. Functioning as a true team, it is our practice is to assign client issues and tasks to the team member(s) with the most experience, best contacts and overall capabilities to perform the task. The Scope of Services describes a communication process that we use with our local government clients. We will coordinate and advise early as the City is developing its agenda and communicate often both in writing, in person, or over the telephone. The City of Clearwater will, no doubt, have its own unique issues and goals, and our first step is to learn what those are. If we are selected to continue to represent the City, we are available to meet the City of Clearwater – whether in-person or virtually- for in-depth briefings on your concerns and goals. That way, we can begin working very early in advance of the legislative session to advise the City on strategies for achieving those goals. Developing the strategy early allows us to begin working well in advance with the key players so they are familiar with the issue before the press of legislative business divides their time in smaller slices. There is always the unexpected though during a legislative session especially on issues requiring a defense against efforts to preempt local government, diminishing local revenue sources and other attacks on home rule. Our legislative and legal experience allows us to analyze and spot issues with what may appear to be innocuous changes proposed in bills or amendments, and nimbly respond. We have a system in place to provide detailed reports weekly during committee weeks and during the legislative session that are specific to the City of Clearwater’s issues. We will be in constant contact with your designated representative outside of our weekly reports, passing on or asking for information or feedback. We communicate often with our local government contacts outside of legislative activities as well to make sure you are aware of grant opportunities and other agency or gubernatorial activities. We will provide you with the written materials and advice on how to be most effective with staff and Councilmember contacts with elected and appointed officials and staff of the Legislature and agencies. We are available for in-person or virtual meetings. Dean, Mead & Dunbar Page 5 -7/24/20 We are also effective as representatives for our clients because we know state government, the legislative process and the people in it. The most senior member of our Team served in the House. Two of our Team members worked for the Legislature, and five Team members have worked at high levels for state government. Understanding how it all works within the rules, both written and unwritten, is how we are effective with the knowledge we have. Through years of working with staff members, Legislators and executive level policy makers, we have earned a solid and stellar reputation for representing clients with zealous and strategic advocacy, armed with a thorough understanding of the facts and statutory environment of the issues. In areas where we may not have the depth of understanding, we work hard to develop it, and pride ourselves in being able to digest complex subjects and make the client's position understandable. Legislators, agency officials and staff rely on us for our knowledge, and frequently turn to us for advice and assistance. Staff personnel and elected officials are continually changing and we work hard at maintaining this relationship of trust and respect in an ever-changing landscape. Our relationships often provide us early intelligence on proposals and the ability to influence their content before they are officially surfaced. There isn't an elected official or staff member that we don't have some relationship or other insight on how to communicate our clients' needs. Our success in this arena is a testament to our adaptability in a changing environment. Part of that strategy is growing the Team with younger lawyers/lobbyists with different contacts, experience and expertise. We operate as a team, and put our best person forward for each task. We are good team players with like-minded parties and local government Associations when a broader team approach is warranted. We have worked closely with the Florida League of Cities on many issues, including those related to preemption of the regulation of short term rentals and municipal elections issues. We have worked closely with legal counsel for the City and for other local governments to find strategic solutions to complex legal problems. Of course, success in legislative representation is measured not only in the issues which have gained legislative passage, but often in those measures which did not pass. We have worked successfully to defeat or neutralize legislation on issues such as the control of solid waste recovered material, mandatory property set asides for working waterfronts and mandatory restriction of public library internet access. We have been instrumental in passing and later defending the grandfather clause protecting local ordinances relating to fertilizer, short term rentals and pain clinics. We also worked to defeat legislation that would preempt local ordinances related to transient rental property. The City of Clearwater would remain a valued and important part of our lobbying clientele. The City will always have immediate access to us and the breadth of experience, expertise and relationships of the entire Team. We are also a law firm, and we take our responsibilities to avoid conflicts seriously, whether the work is legal work or not. We don't foresee any conflicts with the City of Clearwater, only mutual goals. This response to the RFP details the credentials of our Team and will provide a compilation of our expertise and experiences on the variety of matters that could be of interest to the City. We are looking forward to the opportunity to continue as the City of Clearwater’s smart and effective partner in state government. Dean, Mead & Dunbar Page 6 -7/24/20 TAB 2 - Demonstrated Experience Providing Lobbying Services with Local Governments and/or Organizations; References 1) Statement of Qualifications, Abilities, Experience and Expertise in Providing the Requested Services. With 54 lawyers in five offices statewide, Dean, Mead & Dunbar (“Dean Mead”) has provided legal representation to clients throughout Florida for over 40 years. Dean Mead’s Tallahassee office opened in December 1, 2013. The Tallahassee office is home to 11 attorneys, including the Tallahassee-based Government Relations and Lobbying Team. Four lawyers who specialize in State and Local Tax and Administrative Law are also based in the Tallahassee office, which also includes 4 administrative assistants and an office manager. Our Dean Mead Team will maintain an appropriately staffed presence in the State Capital on behalf of the City of Clearwater. Our Government Relations and Lobbying Team at Dean Mead has extensive experience in representing local governments and governmental type entities in legislative, legal, agency, and appropriations matters. Our Team is comprised of seven lawyers and professionals with a combined experience of over 150 years working with state government in Florida. Collectively, our team is one of the most respected and effective firms representing governmental and private entities before Florida government. Individually, each of our team members is experienced and respected in the way that only years of hard work and good results are earned. Personnel The seven-person Dean Mead Governmental Relations and Lobbying Team is based in the Tallahassee office of Dean Mead. The Firm was established over 40 years ago, and started the Tallahassee office in December, 2013 by bringing in the veteran lobbying team of Pete Dunbar and Martha Edenfield. The team now includes attorneys Marc Dunbar and French Brown, along with Government Relations Professionals Chris Moya, Jennifer Ungru, and Angela Bonds. Our combined experience in lobbying and state governmental relations totals over 150 years. We are one of the most effective and respected firms representing local governments and private entities in Tallahassee, and each member brings their own distinct skills to the table for our clients. Our individuals have gained a reputation in the halls of government as a result of outstanding results and years of hard work. The Team combines experience and youth, assuring our clients the benefit of both deep history and freshly made relationships, combined with gained expertise. Below is a brief overview of the Dean Mead Government Relations and Lobbying Team members. We have also provided detailed resumes for each of the team members in Tab 3 of this response including a comprehensive summary of the experience and qualifications of our team's proposed main contacts, Pete Dunbar and Martha Edenfield. Pete Dunbar is our most veteran lobbyist. He has just completed his 54th legislative session, and has spent his entire career assisting local governments as both legal counsel and governmental affairs consultant. As a former member of the Florida House representing part of Pinellas County for a Dean, Mead & Dunbar Page 7 -7/24/20 decade, he brings a special perspective to our Team that only a former member can bring. This greatly assists not only our Team but also members of the Legislature who often call on Pete for his advice and counsel. He is the master strategist and well-respected by both lobbyists and legislators – a tremendous asset to Dean Mead. Pete maintains an active condominium law practice and is Florida Bar Board Certified in Condominium and Planned Development Law. Martha Edenfield is also a veteran lawyer/lobbyist for local governments and private sector clients, with a vast range of experience on legislative issues. She has managed many economic development initiatives, from stadium funding to infrastructure financing, and has been successful at devising methods to preserve local government authority. She is skilled at assisting clients with agenda setting and has achieved great success by early, consistent and persistent advocacy. After over 34 years in this business, there isn't a local government issue which she hasn't encountered and her achievements have earned her a loyal clientele. Martha and Pete have practiced together and represented local governments since 1996. Marc Dunbar has represented a wide variety of public and private interests before the Florida Legislature during his 25 year practice of law. Marc has a well-deserved reputation for creative legislative and legal solutions to difficult problems. Marc’s law practice focuses on highly regulated industries and he is well-known for his gaming law practice. He also practices ethics and elections law and is a current appointee by Florida’s Chief Financial Officer to the board of Citizens Property Insurance Company. Marc previously practiced law with Pete and Martha from 1997-2013 and then became reunited at Dean Mead in 2019. French Brown joined Dean Mead from another firm where he combined governmental relations work with his expertise in State and Local Tax. He started his career as counsel for the Department of Revenue where he quickly rose to a leadership position managing over 50 people and known as a key member of the agency's legislative team. While working at the Department of Revenue, French served on the 2013 Communications Services Tax Task Force and is well-versed in the Florida communications services tax and how it impacts local governments. French is able to provide quick responses and assessments on tax implications of pending legislation. He is very well respected for his knowledge in this area and is viewed as a key player in any proposals to change state and local tax. The reputation he garnered in that area has transcended to other areas of work, and his ability to digest the raw tax data collected by the state to interpret the future impacts is a valuable tool for local government clients. Chris Moya has more than 22 years of consulting experience in strategic management and consulting. His talents combine strategic development with public relations and consulting. Chris began his career in Tallahassee in the Majority Office of the Florida Senate under Majority Leader Jim King (2000-2002) and also served as staff to Majority Leader Dan Webster (2006-2008). In his role as a Government Relations Profession with Dean Mead, he advises some of the world’s best known businesses and brands and has represented numerous local government clients. Chris frequently represents client interests before the Governor and the Cabinet. Prior to joining Dean Mead in 2019, Chris was with the Tallahassee office of Jones Walker. Jennifer Ungru focuses on advocacy, strategy development and execution, policy, messaging, procurement strategy and targeted crisis response/management. She has served in high-profile roles Dean, Mead & Dunbar Page 8 -7/24/20 in the Executive Office of the Governor and served as deputy chief of staff for Governor Rick Scott, overseeing nine agencies, including the Department of Management Services and the Department of State. Jennifer was the chief of staff for the Agency of Health Care Administration, implementing major health reforms including the move to Statewide Medicaid Managed Care. Jennifer is networked closely with state agency policy makers and is frequently called on to provide advice and strategy. Angela Bonds joined Dean Mead with over 10 years of experience working in state agencies in roles where she worked with government officials at the local, state and national level. Prior to joining Dean Mead, Angela was the Director of Legislative Affairs for the Florida Division of Emergency Management working with communications between federal, state and local officials in response to Hurricane Michael. She was previously with the Florida Department of Highway Safety and worked for the Executive Office of the Governor, Office of Policy and Budget, The Florida Department of Agriculture and Consumer Service and the Florida Department of Environmental Protection. Angela maintains a wide ranging network of contacts throughout the Executive Office of the Governor, the Florida Legislature and state agencies. The Dean Mead Team maintains a steady workload that is properly balanced among all team members to ensure we provide the most responsive level of service to our clients. Dean Mead offers the City of Clearwater our depth of resources to be able to provide a broad range of services in all areas identified in the Scope of Services. We do have the capacity to incorporate all workload needs for the City in a timely and efficient manner throughout the duration of this contract period. Complete biographies are outlined beginning on page 33. Ability to Represent Local Government Clients Before the Legislature As legislative counsel for local government entities, we have successfully assisted with a wide variety of issues including infrastructure improvement projects, economic development, urban redevelopment, brownfields, annexation, growth management, retirement, court administration, workers compensation, environmental and waste management, telecommunications, health care, transportation, building code and contractor licensing, and consumer issues, hurricane relief, taxation, Article V, as well as appropriations issues. Our Team’s extensive network of contacts within the Legislature and agencies of the state also can provide critical, time-sensitive governmental information that will assist the City of Clearwater in making informed decisions relating to the legislative and regulatory process. Our Government Relations and Lobbying Team will enhance the City’s position in numerous ways. We focus our political efforts throughout the entire state. Because of this statewide focus of political campaign involvement, we have very strong working relationships with legislators from all different regions of the state. We work diligently to maintain bi-partisan relationships at all levels of state and local government. Our Team has the ability to connect with legislative delegations throughout the state to demonstrate why and how issues impacting the City are important to the rest of the state. We understand local Dean, Mead & Dunbar Page 9 -7/24/20 government and the City’s related issues very well through our lengthy experience representing the City of Clearwater since 1996, as well as other governmental entities in Florida. This experience and expertise allows us to ably assist in policy development as issues work their way through the legislative process. We are unique with regard to these and many other issues addressed by the Legislature in that our Team members are active participants in legislative negotiations. We’re looked to by legislators for advice on many substantive and strategic matters, and are well respected in all aspects of the legislative process. Our experience extends to the executive branch. Three members of our Team have worked with the executive branch at leadership levels. Our contacts within the executive branch are extensive and because we know how they work and under what constraints, we effectively assist our clients in navigating the executive branch. Notwithstanding the fact that Governors Bush, Crist, Scott and DeSantis were at times very aggressive with the veto power and that state government overall has in recent history been forced to operate with significant financial constraints in a difficult economic climate, our Team has been able to secure funding for our local government clients in past years. In 2020, despite severe budget vetoes due to the financial constraints of the COVID-19 pandemic, we secured over $18 million in funding for projects on behalf of our local government clients that survived the veto pen. We also regularly monitor and forward grant opportunities and can assist the City with strategizing effective grant proposal approaches. Additionally, we have passed many important substantive bills at the request of our local government clients. Our legislative team’s successes for our clients span a wide variety of substantive and budgetary issues. We have been active stakeholders in many statewide issues, including many attempts at local government preemption and the myriad of legislative proposals that substantially impact local government budgets such as communications services’ taxes and local business taxes. Our Team has a great depth of relationships with the people who are key in the legislative process and with state agencies, and we know that we are trusted and respected by governmental leaders and their staffs. At Dean Mead, we have developed a highly effective lobbying team because we are knowledgeable and strategic, but also because we are good communicators, both with our clients and governmental decision makers. The City of Clearwater has and will have constant access to our entire Team, and continue to have timely and in-depth attention to your issues. We will provide timely information and assessments regarding budgetary and regulatory issues affecting the City. This includes regular written reports and communications on issues of specific interest to the City. We will provide written status reports on the State Legislative Agenda on a weekly basis during the Legislative Session and will be available for weekly status calls with your designated contact. During the Interim we provide information about state agency and legal issues that are of interest. Amid the Coronavirus pandemic state of emergency we have provided frequent updates and reports on emergency orders, such as the extension of the mortgage and evictions. We have also shared frequent updates and assessments regarding the impact that the state of emergency has had on tax collections and the state budget. Dean, Mead & Dunbar Page 10 -7/24/20 Through years of working with staff members, Legislators and executive level policy makers, we have earned a solid and stellar reputation for representing clients with zealous and strategic advocacy, armed with a thorough understanding of the facts and statutory environment of the issues. We are often in the great position to work with Legislators and agency heads as trusted advisors and experts on legislation and policy. In other areas where we may not have the depth of understanding, we work hard to develop it, and pride ourselves in being able to digest complex subjects and make the client’s position understandable. Our Team maintains a steady workload that is properly balanced among all proposed team members to ensure we provide the most responsive level of service to our clients. Dean Mead offers the City our depth of resources to be able to provide a broad range of services in all of the areas identified in the Request for Proposals. During the committee weeks and the Legislative Session, the hours we work are expanded and our availability is as well. We do have the capacity to incorporate all workload needs for the City of Clearwater in a timely and efficient manner throughout the duration of the contract period. Our Team is well acquainted with the House Rules for Lobbyist and Public Contract Disclosure, as well as statutory and Joint Rule requirements. Dean Mead complies with all State requirements for ethics and accountability in lobbying activities and we are equipped to advise the City on compliance with the current rules and any new rules adopted by incoming Legislative leadership. Our Team has the ability to research and provide opinions on compliance with statutes, administrative rules and legislative rules governing lobbying activities, and we are available to work with the City’s general counsel regarding recommended compliance measures. As members of The Florida Bar, our lawyers are held to the Ethical Standards of The Florida Bar Rules of Professional Conduct. In addition, our Team includes a former chairman and two-term member of the Florida Ethics Commission. Our activities will always be to the highest standard. History of Demonstrated Competence Below are some highlights of our Team’s history and experience in the representation of local governments and public sector entities:  Economic Development, Commerce, Tourism and Taxes o Secured legislation which expanded and created enterprise zones for various local government clients. o Assisted Charlotte County in obtaining economic development assistance monies by gubernatorial decision. o Played an integral role in passage of legislation which required a local referendum in Dade and Broward Counties on the question of whether to allow slot machines at pari-mutuel facilities. o Helped to pass and re-implement caps on attorney’s fees in workers’ compensation cases. o Actively participated in the effort to substitute comparative fault for joint and several liability issues. o Defeated legislation and proposed constitutional amendment which would have imposed review and repeal of sales tax exemptions including sales tax on services. Dean, Mead & Dunbar Page 11 -7/24/20 o Played a leadership role in defeating the Online Travel tax exemption bills during the multiple Legislative Sessions. o Played an integral role in the creation and expansion of the statewide Brownfield Program and extended the Brownfield Loan Guarantee Program. o Worked with FDOT and Enterprise Florida and FDEO on facilitating the location of multiple economic development projects in Glades County. o Obtained ad valorem incentives and a sales tax exemption for data centers. o Successfully teamed with Florida League of Cities and others to defeat legislation imposing additional restrictions on local regulation of short-term rentals. o Worked multiple years to successfully defeat legislation and amendments preempting regulation of pet stores (puppy mills). o Amended legislation to ensure that restructuring the timeframe for local governments to include tax referendum on a local ballot would not adversely affect the planned Penny for Pinellas ballot referendum. o Advocated and successfully secured recruiting dollars to maintain and expand the State Reel Fish Survey to improve data collection that is necessary to effectively manage offshore fisheries. o Worked in collaboration with state agencies and the Governor’s office, successfully secured funding for coral reef restoration and protection for 3 budget cycles. o Increased the statutory TDT population threshold from 750,000 to 950,000 to allow the continued use of tourist development taxes to fund a fishing pier for Lee County. o Secured funding for causeway park improvements including beach sand, beach parking, picnic pavilion, event parking and improved access to fishing. o Worked with local government and the local legislative delegation to successfully pass legislation exempting a project from state regulations to allow for the construction of a first-in-the hemisphere development. o Worked with the Florida League of Cities and the Florida Association of Counties to amend legislation enacting The Taxpayer Bill of Rights (TABOR) to hold local governments harmless.  Transportation o Authored and secured passage of legislation which allowed the Department of Transportation to reinterpret the law in our favor and thereby making our client eligible for up to $13 million in funding for the Clearwater Memorial Causeway Bridge. o Facilitated the acceleration of numerous FDOT projects within the 5 year plan. o Authored and secured passage of legislation creating Port Citrus. o Played a significant role in the creation and structuring of the Tampa Bay Area Regional Transportation Authority (TBARTA). o Modified budget and statutory constraints on Small County Outreach Program transportation funding and Transit funding. o Facilitated state funding assistance for a local roadway serving as an access road to a state park and as a critical hurricane evacuation route. o Expanded local control over golf cart use on state roadways. o Facilitated state funding assistance for economic development projects. o Worked with stakeholders to secure $3,000,000 for Manatee County road expansion project. Dean, Mead & Dunbar Page 12 -7/24/20 o Worked with the FLC and other stakeholders to defeat repeated attempts to repeal or preempt regulation of red light cameras. o Secured funding for Lee County to stabilize the causeway evacuation route from Sanibel and Captiva Islands. o Secured $10,000,000 appropriation for road expansion project in Manatee County.  Coastal Issues o Played an integral role in the creation of the Tampa Bay Water Transfer Act and negotiation of the partnership agreement with the SWFWMD. o Led the successful effort to restrict the ocean release of sewage and other waste by day cruise gambling vessels. o Secured millions of dollars in funding for Hurricane Disaster Relief Funds. o Facilitated FEMA/FDEM approval and funding for emergency beach re-nourishment, from application through funding. o Secured millions of dollars over the years in beach re-nourishment funding. o Worked closely with the Florida Shore and Beach Preservation Association in securing passage of the Dennis L. Jones Beach and Shore Preservation Act, landmark beach restoration legislation and continue to work with them on funding and modifications to the Act. o Continued to lobby in opposition to offshore oil drilling in the Gulf of Mexico. o Worked with the offices of Senator Rubio and then Senator Nelson on RESTORE Act issues related to the BP oil spill.  Law Enforcement, Public Safety o Secured funding for an opioid pilot project for Manatee County. o Obtained funding for the establishment of the Willa Carson Health and Wellness Center (formerly North Greenwood Health Resource Center). o On behalf of local governments, the Dean Mead Team has worked for many years to secure full funding of the Medically Need program, Transportation Disadvantaged, nursing home payments and other programs which greatly impact local governments. o Successfully grandfathered local ordinances regulating “pill mills.” o Helped defeat legislation that crippled local pre-trial detention programs. o Defeated efforts to undermine local control of ambulance services. o Worked closely with the Florida Association of Counties to legislatively and administratively mitigate the impact of the state collection of county Medicaid backlog payments. o Worked with the Department of Juvenile Justice and the legislature to enact a more equitable billing formula for county detention facilities.  Energy, Environment and Natural Resources o Played an integral role in the creation of Tampa Bay Water Transfer Act and negotiation of the partnership agreement with the SWFWMD. o Led the successful effort to restrict the ocean release of sewage and other waste by day cruise gambling vessels. o Played an integral role in the creation and expansion of the statewide Brownfield Program and extended the Brownfield Loan Guarantee Program. Dean, Mead & Dunbar Page 13 -7/24/20 o Actively and successfully defended against removal of the provision grandfathering local fertilizer ordinances. o Played an integral role in growth management statutory changes for the last two decades. o Helped rewrite law in 2001 and 2015-16 for the planning and implementation of water resource protection and integration with local government planning. o Assisted with location and permitting of solar and biofuel facilities, and statutory implementation of the 2016 constitutional amendment on solar tax exemptions. o Successfully amended environmental resource permit bills to exempt certain counties from mandatory program delegation. o Obtained $1.5 million for Lake Seminole Sediment Removal project. o Secured $1 million appropriation for the City of Indian Harbour Beach for muck dredging project. Actively and successfully defended against the preemption of local occupational licensing related to water quality and water supply.  Water Quality & Water Quantity, Sewer Infrastructure o Helped acquire funding for the Tampa Bay Regional Reclaimed Water Project (multiple years) in the amount of $10,500,000. o Acquired millions of dollars in funding for Sarasota and Charlotte Counties for successive years of septic tank replacement programs. o Secured funding for Manatee County for reclaimed water system funding and an innovative system to remove taste and odors from drinking water. o Helped secure regional agreement on water supply infrastructure for Charlotte County. o Helped secure millions of dollars in DEP/NPDES grant funding for Charlotte County. o Secured funding for Clearwater Sanitary Sewer expansion program. o Successfully amended fertilizer preemption legislation to grandfather the Pinellas County ordinance and have successfully defeated efforts to remove the grandfather provision. o Secured funding for plugging artesian well to stop inter-aquifer intrusion of saline water into potable aquifer for Lee County. o Amended the budget to require that funds be used by a water management district to conduct a study and recommend scientifically approved watershed boundaries be adopted as basin boundaries.  Emergency Preparedness and Recovery o Helped the City of Clearwater obtain funding for a Homeland Security Volunteer Team and Emergency Operations Center. o Secured passage of legislation requiring a study of the appropriate boundaries of the Citizens Property Insurance High Risk Account. o Assisted Glades County in securing improvements for emergency facilities. o Helped Charlotte County obtain millions of dollars in hurricane relief funding for reconstruction in 2005-2006. o Assisted Manatee County in revisions to hurricane shelter plans. o Secured $1 million for Manatee County shelter hardening renovations and upgrade.  Arts, Culture, and Leisure Services o Drafted and facilitated passage of Spring Training legislation which allowed the City of Clearwater and the City of Sarasota to retain Major League Baseball spring training. Dean, Mead & Dunbar Page 14 -7/24/20 o Obtained full FRDAP funding for many parks in Manatee, Charlotte, Sarasota and Pinellas Counties. o Assisted local governments with successful FCT grant funding, and amendments to contracts. o Ensured an interpretation of library funding which enabled Charlotte County to receive funding for its grant application. o Helped obtain multiple appropriations for a regional rowing center in Sarasota County. o Worked over the course of several years to successfully defeat legislative attempts to repeal funding scheme for sport facilities, including Spring Training facilities, o Worked with the City of Clearwater to pass local bills in multiple years amending a 1925 Special Act and ultimately repealing a deed reverter clause allowing for the location of a bandshell on previously submerged lands. Our Government Relations and Lobbying Team offers additional services and expertise that exceed the requirements of the specifications. For example, we have worked with the City of Clearwater’s Office of General Counsel to create easement covenants in a condominium for additional public parking in the downtown core. We have also assisted the City with re-authorizing the authority for anchoring regulations with the Florida Fish and Wildlife Conservation Commission. We have been available to the City for several special legal projects before state agencies including working with the DEP on permit issues related to turtle nesting season and regarding beach activities, including facilitating the revision and renewal of the permit for construction activities at Pier 60 Park. We have been frequently called on by legal counsel to think outside the box and find innovative legal or legislative solutions to issues confronting the City. We will continue to be available to the City’s legal counsel to work on special projects. Our Team has been a key player in crafting and supporting legislation to solve specific problems and issues raised by the City and which has proven to be beneficial to Clearwater and other municipalities including: • 2018 Local Bill: Our Team recruited sponsors and worked with the Pinellas County Delegation and the City of Clearwater General Counsel’s office in the drafting and passage of a 2018 local bill removing a prohibition on conveyed submerged land being used to host carnivals and shows, further removing the reverter clause returning title in the land to the state if it ever ceases to be used for public parks and recreation. • Short Term Rental Grandfather: We passed legislation grandfathering in the City of Clearwater’s ability to regulate short term rentals and successfully defended maintaining the grandfather for multiple sessions. • Brownfield Redevelopment: The Team was active in passage of the 1997 Brownfields Redevelopment Act and in the 1998 Brownfield glitch bill. The purpose of these Acts is to provide meaningful environmental and economic incentives for the cleanup of, and private investment in, the development of contaminated and abandoned urban areas. The Firm has continued to work on obtaining Brownfield Remediation Funding. • Retention of Spring Training Franchises: Our Team, representing the City of Clearwater, Dean, Mead & Dunbar Page 15 -7/24/20 worked to write and pass legislation providing tax dollars to renovate spring training baseball stadiums which is intended to keep major league teams from leaving Florida's Grapefruit League for the Cactus League in Arizona and Nevada. Teams will be required to stay at current Florida sites for at least fifteen years and local governments must be willing to pay for at least half the upgrades to qualify for shares of $75 million in state sales tax revenue that would be allocated for such projects over 30 years. We have worked multiple years to defeat effort to repeal this program. • Submerged Lands Local Bills: Our Team worked with the City’s legal counsel, the Pinellas County Legislative Delegation, the Department of Environmental Protection Division of State Lands and other stakeholders to draft and pass legislation amending a 1925 Special Act and ratifying uses of submerged lands adjacent to the Memorial Causeway. • Pinellas County Tourist Development Council Membership: Our Team helped in the drafting and passage of legislation to change the membership of the Pinellas County Tourist Development Council to provide for the City of Clearwater to have a member. • Article V Filing Fees: Our Team worked on behalf of the City to revise the code enforcement filing fee to $10.00 for those cases resolved outside of court and $40.00 for contested proceedings. • Implementation of “One City One Future” Programs: From 1997-2002, the City of Clearwater sought funding to implement its "One City One Future" vision. These appropriations included unique and creative projects. For example, in 1997, Pete Dunbar and Martha Edenfield obtained a $750,000.00 appropriation for the City of Clearwater to create, transport and showcase a Florida tourism pavilion in the 1998 Olympics in Nagano, Japan, and worked closely with the Secretary of the Department of Transportation to reinterpret substantive law, which made the City eligible for up to $13 million in funding for the Memorial Causeway Bridge. Additional Examples of Successes Include: Memorial Causeway Bridge Construction up to $13 million Spring Training Franchise Retention up to $15 million Stevenson Creek $2,500,000 Clearwater Sister City Program $750,000 Brownfield/Enterprise Zone $600,000 Brownfield Remediation Clean-up and Redevelopment $525,000 City of Clearwater Brownfield Remediation $500,000 Job Development Centers at USF Brownfield Site $397,000 Enterprise Zone Designation – Tax Refund $7,500 per QTI Job; $2,500 per job Brownfield Redevelopment Bonus Clearwater Homeless Intervention Program $570,000 Clearwater Town Pond $400,000 N. Greenwood Branch Library $300,000 Clearwater Beach Monorail $150,000 Greenwood Community Health Center $400,000 Homeland Security Volunteer Team $100,000 Dean, Mead & Dunbar Page 16 -7/24/20 Emergency Operations Center $100,000 East-West Recreation Path $100,000 City of Clearwater City Center Park $857,302 City of Clearwater Wolfe Preserve $140,000 Softball Complex (FRDAP) $200,000 Clearwater East/West Trail (FRDAP) $150,000 Aquatic Center (FRDAP) $200,000 Sanitary Sewer Expansion $250,000 Capitol Theatre Renovation $1,000,000 Of course, success in legislative representation is measured not only in the issues which have gained legislative passage, but often in those measures which did not pass. We have worked successfully to defeat or neutralize legislation on issues such as the control of solid waste recovered material, mandatory property set asides for working waterfronts and mandatory restriction of public library internet access. We have been instrumental in passing and later defending the grandfather clause protecting local ordinances relating to the seasonal sale and use of fertilizer. We also worked multiple years to defeat legislation that would preempt local ordinances related to vacation rental property and short-term rentals. Dean, Mead & Dunbar Page 17 -7/24/20 Experience and Expertise in the State Legislative Process We offer the City of Clearwater a range of policies, procedures, and techniques to be used in performing the services identified in the Request for Proposals. These include the capability to communicate effectively with the City, the ability to draw on years of experience to recommend proactive strategies to benefit the City, the depth and experience to advocate for the City on any issue, and the ability to provide in-depth research and complicated legislation drafting services to the City. Functioning as a true Team, the Firm’s policy and practice is to assign client issues and tasks to Dean Mead member(s) with the most experience, best contacts and overall capabilities to perform the task. Much of the Legislature’s agenda is established and its business addressed during Interim Committee weeks prior to Session. We will review and provide advice on the development of the City’s State Legislative Program prior to Committee weeks to enable the City to be prepared as early legislative activities begin. Our Government Relations and Lobbying Team covers all Interim Committee weeks and any Special Session. Each client will have a specific legislative affairs team member assigned as the lead client contact. For the City of Clearwater, Dean Mead proposes that Peter Dunbar be the primary contact to interface with the City and coordinate the activities of our team. Dean Mead employs a multi-tiered approach to the organization and management of the issues of a particular client. We will evaluate the client’s issues and assign a team of lobbyists. Issues are then broken down by subject matter, and in assigning the lobby team, we will weigh factors such as the scope and complexity of the issues, a particular lobbyist’s experience in certain areas and relationships with particular members and committee staff, and other miscellaneous factors. Once the team is formed, specific issues, general subject matter and administrative assignments are made. Administrative assignments include the primary contact person for the client, bill tracking, calendar development, and report preparation. The entire Government Relations and Lobbying Team meets together at least weekly during the Session, and members from the various teams meet at least daily. All Team members are familiar with all client issues so that they are able to share pertinent information with the appropriate team leaders. A team leader is responsible for strategic management, internal communication, task assignments and oversight of team members. Team members are responsible for appropriately and effectively carrying out assignments and internal communication. This approach ensures that no client priority is overlooked. Key to effective representation will be the establishment of clear lines of communication between the City and the Firm. During the Legislative Session, we are available days and nights, 7 days a week to respond to any calls, e-mails or texts from the City. We are results-oriented and will devote the hours as necessary to achieve the legislative goals of the City. To facilitate immediate contact when necessary, our Team will provide the City with a list of the cellular and office telephone numbers, e-mail addresses, and other contact information. While the Legislature is not in Session, we will report via conference call or written updates to the appropriate City representatives on an as needed basis to share information, provide updates and progress Dean, Mead & Dunbar Page 18 -7/24/20 reports, discuss strategy and goals, and assign coverages. We are able to travel to Clearwater to report on activities engaged in while representing the City as desired. All members of our Government Relations and Lobbying Team will be at the Capitol during Session covering meetings of interest to the City and coordinating as needed with the City. While our lawyers and lobbyists are at the Capitol, our direct support staff assists from the office. As a law firm with a Tallahassee office, we do not have to contend with any travel issues and are able to be in any state office within 30 minutes. Our Tallahassee office is literally a few hundred feet from the Capitol building, allowing us to respond to emergency issues on behalf of the City, whether the issue arises during Session or in the interim, quickly and efficiently. Our Firm maintains excellent legal and administrative resources bolstering our Team’s ability to draft complicated pieces of legislation. We pride ourselves on the lawyers and former legislative and agency staff members who have drafted some of the most complex legislation considered in recent decades. In addition to our core Government Relations and Lobbying Team, the Firm has lawyers with a broad range of expertise who can be available to assist with research and drafting. We have extensive experience in the process and special procedures for passing local bills, including attending legislative delegation meetings, complying with advertising requirements and providing an economic impact statement. We work closely with the delegation and with legal counsel to navigate the nuances in drafting, amending and passing local bills. Our Government Relations and Lobbying Team is equipped to handle client legislative research requests. Our advanced research capabilities include utilization of the latest legislative and legal research technologies to track issues related to City government and identify emerging opportunities which might impact the City. These include online access to legislative information via Online Sunshine, Westlaw and other Internet resources. We subscribe to the LobbyTools legislative tracking system. This system allows our Team to set up accounts for each client and track electronically the movement of legislation through the process. Further, the system can be programmed to e-mail or page the Firm’s lobbyists anytime important legislation is acted upon. The system provides us access to all filed legislation, summaries of bills, and bill analyses. Using the LobbyTools system we scan all legislation for amendments to statutes that impact the City and notify Dean Mead of such activity. Our Team is prepared to obtain documentation and research materials and deliver them at the request of the City. It is also important to mention that our Team has analyzed the House and Senate Rules and procedures regarding budget projects. We are equipped to advise the City on facilitating compliance with all rules. While we represent numerous governmental entities and private concerns, each of these representations varies in scope and complexity. By utilizing a team approach to lobbying, we ensure that all client projects receive the requisite time, resources and management attention. Dean Mead’s full range of lobbying legislative counsel and advocacy services includes regularly meeting with the individual members of the Legislature from every area of the state in order to Dean, Mead & Dunbar Page 19 -7/24/20 clearly articulate and advocate the City’s position on issues. We are available to appear and testify at Legislative Committee hearings on behalf of the City in support of, or in opposition to, legislation. Each and every member of our Team is available to attend and appear before committee meetings on behalf of the City as assigned. Dean Mead has the ability to work with legislative bill drafting offices to prepare proposed legislation and amendments in the correct form and format. As part of our issue advocacy, we regularly prepare white papers and issue summaries to assist legislators and staff through clear and concise explanations of often complex issues. Our Team will monitor and review all substantive floor amendments and bills, and will prepare reports advising the City of the status of legislation following committee weeks and during Session. The Dean Mead Team will effectively communicate City Council policy positions to the Legislature, The Administration and state agencies. This includes scheduling meetings for the Mayor, members of the City Council, City Manager, or City legislative staff with members of the Legislature, the administration and with state agency representatives to discuss the City’s priorities, initiatives and concerns. We will provide advice and counsel on the timing, necessity and subject matter, including the key points needing to be discussed at any of these meetings. We will advise the City on the necessity to write letters of support or opposition on pending legislation on state policy issues. Each and every member of the Firm is available to work on issues based on the needs and best interests of the client. Often, relationships and contacts with the legislators and the staff are as important as knowledge of the issues. The depth of talent on our Team allows for coordination of the best contact person(s) with those with knowledge of the issue in order to gain the best access point and messenger to get the interests of the client presented to the appropriate decision maker. We will coordinate with the City and any and all team members, as needed. Ongoing Relationships with Key Members and Legislative Committee Staff Dean Mead’s ongoing relationships with Legislative Committee Staff will be of assistance to the City. The Dean Mead Team maintains strong relationships with Legislative Committees based on our expertise and experience. Often committee staff members call on us for input on issues within their committee’s purview. We frequently prepare white papers and other information to provide to committee staff on issues of that will likely be considered before their committee. One or more of the Dean Mead Team members has worked closely with the staff of the below listed committees on legislative initiatives and projects. These relationships with committee will benefit the City of Clearwater through Dean Mead’s ability to directly communicate the City’s positions to key committee staff and have access to advocate on behalf of the City. For example, when working on local bills on behalf of the City of Clearwater, Dean Mead has worked closely with committee staff to assure accurate completion of the required advertising and economic impact statements, as well as working through the technical requirements to amendment local bills. Dean, Mead & Dunbar Page 20 -7/24/20 Below is a representative listing of some of these Legislative Committees and a staff contact person: House Judiciary Committee Contact: Mike Poche, Staff Director Senate Finance & Tax Committee Contact: Jose Diez-Arguelles, Staff Director Senate Judiciary Committee Contact: Tom Cibula, Staff Director Senate Health Policy Committee Contact: Allen Brown, Staff Director Senate Agriculture Committee Contact: Katherine Becker, Staff Director Senate Innovation, Industry, and Technology Committee Contact: Booter Imhof, Staff Director Senate Ethics & Elections Committee Contact: Dawn Roberts, Staff Director House Ways and Means Committee Contact: Don Langston, Staff Director Senate Community Affairs Committee Contact: Tom Yeatman, Staff Director House Local Administration and Local, Federal and Veterans Affairs Subcommittee Contact: Eric Miller, Policy Chief House State Affairs Committee Contact: Heather Williamson, Staff Director Senate Banking and Insurance Committee Contact: Lisa Johnson, Chief Legislative Analyst Joint Administrative Procedures Act Committee Contact: Ken Plante, Staff Director Coordination with Stakeholders: With years of working in governmental service and experienced lobbyists in private practice representing a wide spectrum of corporate, not-for-profit and governmental clients, Dean Mead has a broad range of experience and expertise. We recognize the value of coordination with other stakeholders such as the Florida League of Cities, Florida Dean, Mead & Dunbar Page 21 -7/24/20 Association of Counties and the Florida Shore and Beach Preservation Association, to create a team of representatives for client needs. We are members of and participate in the FAIR local government coalition and attend weekly meetings at the Capitol during the Legislative Session. We also work closely with environmental consultants on special legislative projects, and we coordinated with the FLC, FAC and the member of FAIR on preemption issues and unfunded mandates. Our Team has demonstrated the ability to work very closely with the Florida League of Cities in support or opposition of legislation, budget issues and agency rules affecting cities. In recent years we have worked successfully with the Florida League of Cities to defeat an attempt to preempt the regulation of short term vacation rentals and to defeat an amendment to the Bert Harris Act requiring that settlements apply to all similarly situated properties. We are driven to success by achieving the desired result for the client, not by seeking recognition or credit for the accomplishment. As lawyers and government affairs professionals, we are specifically trained to find answers and solve problems, including creating programs and drafting legislation to implement the legislative goals of the City. Proactive Approach: Throughout the year, Dean Mead will identify and notify the appropriate City representatives in advance of opportunities related to grants and funding availability for transportation, community and economic development, environmental matters, infrastructure improvement, hurricane recovery efforts, housing and urban development, homeless programs, intermodal programs, and any other areas that may be of interest to the City. We will work with City staff to spearhead efforts to seek demonstration grant opportunities for funding the City Commission’s priorities. Also, we will work closely to assist the City in obtaining state permits and grants, as well as help to identify grant opportunities. Dean Mead always strives to get the best outcome for our clients by creating a proactive atmosphere, and our Team’s experience creating a state spring training funding program on behalf of the City of Clearwater is a great example. In analyzing the Governor’s vetoes of the initial spring training funding, Dean Mead created a strategy for client success in the next Session. Drawing on the legislative experience of drafting and passing the first publicly funded sports stadium in Florida’s history and the knowledge of various tax incentive/credit programs, we found an untapped source of tax credits and drafted detailed legislation for a new statewide program to use these tax credits for the benefit of Clearwater. The Dean Mead Team worked with affiliated spring training venues in the passage of the legislation, but always made sure the ranking criteria would have Clearwater safely in the funding allocation. The program was a success, passing the Legislature unanimously and being signed by the Governor, serving as the cornerstone of continuing Clearwater’s spring training tradition. Ongoing Relationships with Members of the Florida Legislature Dean Mead has ongoing relationships with members of the Florida Legislature, including members and a contact person in each office who can discuss Dean Mead’s work. The members of the Dean Mead Team have longstanding and ongoing relationships with the members and staff of the Florida Legislature and state agencies. These relationships have been forged over four decades of public service and private sector advocacy. We work diligently Dean, Mead & Dunbar Page 22 -7/24/20 throughout the year to maintain strong bi-partisan relationships with the members of the Legislature. Our ongoing relationships with members of the Florida Legislature are further demonstrated in the references included in this response. Serving as Senate reapportionment counsel has provided members of the Dean Mead Team an opportunity to solidify relationships with current and future members of the Legislature. Additionally, the Dean Mead Team worked with candidates throughout this election cycle to further establish relationships with the potential new members of the Legislature. While the Tallahassee Office will be the lead office on working for the City of Clearwater in the Scope of Services as contemplated in this proposal, with five offices strategically located throughout Florida, Dean Mead maintains strong relationships with members of the Legislature from all over the state. The Dean Mead Team hosts annual Legislative Updates in coordination with our office locations and featuring moderated panel discussions from the local delegation members. These Legislative Update events are great ways to keep contact with Legislators in the interim statewide. Dean Mead has also represented numerous Florida cities and counties throughout the state over many years of practice and we maintain close ongoing working relationships with these local government delegations. We participate in candidate forums, meeting and getting to know each candidate for legislative office prior to their election. In addition to these connections, the Dean Mead Team maintain ongoing relationships with members of the Florida Legislature and Legislative committee staff through our knowledge and experience in legislative subject matter areas. Of interest, the Dean Mead Team members themselves hail from different areas across the state where we continue to have close relationships with key members and maintain a statewide network. A brief overview of such connections is as follows: Pete Dunbar and Marc Dunbar both grew up in Pinellas County and maintain family ties to the Tampa Bay area. Pete represented part of Pinellas County for 10 years when he served in the Florida House of Representative and he holds strong relationships with the entire Pinellas County legislative delegation as a former member. Pete is one of the foremost experts on Florida Condominium Law, dating back to his legislative service. Pete works closely members and committee staff on complex real property law and condominium law issues. Marc Dunbar teaches Gaming Law and has been involved in most every piece of legislation relating to gaming for over 20 years. He works closely with legislative leadership and committee staff related to regulated industries and commerce. Martha Edenfield is originally from Central Florida and has represented local governments and educational institutions in Brevard County. She maintains strong relationships with the Central Florida legislative delegations. She also represents local governments from the Tampa Bay area and Southwest Florida and works closely with their delegations. She has lived in Tallahassee for over 40 years and also works in conjunction with the legislators from North Florida. Additionally, Martha is frequently called on to work with Judiciary Committees and members on civil justice issues. Dean, Mead & Dunbar Page 23 -7/24/20 Chris Moya is originally from Miami and maintains close relationships with the South Florida Legalities delegations. He currently represents Palm Beach County and works closely with Legislators and committee staff on education and economic development issues. French Brown is from Northwest Florida and maintains close relationships with the western panhandle delegations. French has been involved in writing and working on every major piece of tax legislation that has passed the legislature for over 10 years. He works closely with Finance and Tax Committee members and staff. Jennifer Ungru has statewide connections through political campaign networks and through her service as Chief of Staff to an Executive agency, and her service in the Executive Office of the Governor. She has worked closely with many legislative offices on Medicaid and healthcare issues including those related to the current COVID-19 pandemic. She is sought out by members and committee members for her expertise in Medicaid funding and health care issues. She also works closely with Agriculture Committee members and staff. Angela Bonds is from North Central Florida and works closely with the rural delegations of North Florida. She established close relationships throughout Northwest Florida while serving in her role with the Florida Division of Emergency Management before, during and after Hurricane Michael. Angela works closely with legislative delegations on emergency management issues. Below is a representative list detailing a few of the many legislators we work with from all areas of the state, along with the name of a contact that can discuss the Dean Mead Team’s work: Representative Chris Sprowls (Clearwater) Staff Contact: Anna Stearns We have worked with Speaker Designate Sprowls and his office on local government, real property, guardianship, economic development and appropriations issues. Senator Ed Hooper (Palm Harbor) Staff Contact: Charles Smith We have worked with Senator Hooper during the years that he served in the House and continue to work with him in the Senate. We have worked on local government issues, economic development, appropriations, local bills and legal issues. Representative Chris Latvala (Clearwater) Staff Contact: Amy Gregory We have worked with Representative Latvala since he was elected to the House on local bills, appropriations, local government preemption and economic development issues. He previously participated in the Dean Mead Firm Legislative Updates and panels held in the Tampa Bay area. Representative DiCeglie (Largo) Staff Contact: Brendan Burke Representative Diceglie has worked closely with our office on legislation addressing legal issues related to real property law and legal proceedings. We also work with his office on issues impacting local governments. Dean, Mead & Dunbar Page 24 -7/24/20 Representative Mike Grant, Majority Whip (Port Charlotte) Staff contact: Jim Browne We work closely with Representative Grant and his staff on appropriations, local delegation issues, local government issues, transportation and healthcare issues. Representative Dane Eagle, Majority Leader (Cape Coral) Staff Contact: Paige LeBoutillier Leader Eagle is a delegation member for a local government that we represent. We have worked with his office on economic development, tourism, transportation and appropriations issues. Senator Joe Gruters (Sarasota) Staff Contact: Victoria Brill We work closely with Senator Gruters on economic development and finance & tax issues. Dean Mead has worked with his office on bills impacting local governments, amendment to pending legislation, economic development legislation and appropriations projects. Senator David Simmons, (President Pro Tempore (Longwood) Staff Contact: Diane Suddes We have worked closely with Senator Simmons and his staff on legal and judicial issues. He has sponsored numerous bills and amendments for our clients and frequently participated in the Dean Mead Firm Legislative Updates held in Orlando. Senator Kathleen Passidomo, Majority Leader (Naples) Staff Contact: Becky Kokkinos We have worked with Leader Passidomo on real property, probate, guardianship and trust law issues throughout her entire legislative service. We have also worked closely with her office on issues related to local government regulation and preemption. She is a member of the Lee County legislative delegation. Representative Tommy Gregory (Bradenton) Staff Contact: David Ballard Representative Gregory is a delegation member for a local government that we represent. We have worked closely with Representative Gregory and his office on local government issues, appropriations projects, transportation appropriations, economic development issues, real property legislation and issues impacting the judiciary. Representative Thad Altman (Indian Harbour Beach) Staff Contact: James Befanis We have worked with Representative Altman on legislation every year that he has served in both the House and the Senate, often related to construction and real property issues. We also work with him on issues impacting local governments, and he has frequently participated in the Dean Mead Firm Legislative Updates held in Melbourne. Senator Kelli Stargel (Lakeland) Staff Contact: Rachel Barnes Dean, Mead & Dunbar Page 25 -7/24/20 We work with Senator Stargel’s office and staff on issues reeled to tax and finance as well as legal and judicial issues. Representative Joe Geller (Dania Beach) Staff Contact: Joel Ramos We have worked with Representative Geller on legislation every year that he has been in office. We work closely with his staff on issues related to local government preemption, condominium and real property law. Senator Lori Berman (Boynton Beach) Staff Contact: Abby Ross We have worked with Senator Berman throughout her service in the House and Senate on issues related to estates and trust law. Additionally, we worked with her on emergency notification legislation and on issues impacting local governments. Senator Bobby Powell (West Palm Beach) Staff Contact: Nazbi Chowdhury Senator Powell has sponsored legislation in coordination with our team every year that he has been a member of the House and Senate. We have worked with him on legal and judicial issues as well as elections issues. We have also worked with his office on issues impacting local governments. Senator George Gainer (Panama City) Staff Contact: Andrea Gainey We work closely with Senator Gainer’s office and staff on issues related to hurricane recovery and emergency management. Representative Lorranne Ausley (Tallahassee) Staff Contact: Leisa Wiseman We have worked closely with Representative Ausley's office over the years throughout her service in the House, most recently issues related to real property and the Uniform Partition of Heirs Property Act and addressing the removal of unlawful and offensive deed restrictions. Representative Fentrice Driskell (Tampa) Staff Contact: Raven Sansbury We have worked closely with Representative Driskell for the past two Legislative Sessions on legislation addressing probate and trust law. Representative Juan Fernandez-Barquin (Miami) Contact: Representative Fernandez-Barquin We work with Representative Fernandez-Barquin on guardianship, probate and trust issues. We also work with him on issues impacting local governments. Representative Spencer Roach (Ft. Myers) Contact: Representative Roach Dean, Mead & Dunbar Page 26 -7/24/20 Representative Roach is a member of the Lee County Legislative delegation. We have worked closely with him on issues impacting local governments, including the vacation rentals issue. We also worked closely with is office on appropriations projects. Representative Ben Diamond (St. Pete) Staff Contact: Matthew Herndon We have worked closely with Representative Diamond on local government issues and on legislation relating to legal and judicial issues. He has participated in the Dean Mead Firm Legislative Updates and panels held in the Tampa Bay area. Representative Erin Grall (Vero Beach) Staff Contact: Edward Barenborg We work closely with Representative Grall on legal issues related to probate, trusts and wills. She has participated in Dean Mead Legislative Updates held in coordination with our Ft. Pierce office. Ongoing Relationships with the Executive Branch Agency Staff As a prominent Tallahassee presence in the state and local legal community, we are able to fully integrate a work plan on behalf of the City of Clearwater with the policies, procedures and legislative staff of the various state agencies. It’s our practice on behalf of our clients to coordinate legislative goals and programs as early as possible with the relevant state agency, thereby dramatically increasing the chances of ultimate success in legislative proposals and gubernatorial approval. Our Tallahassee location facilitates this year-round contact and fosters close and successful working relationships with Executive agency personnel, as well as Legislative staff. Our Team maintains ongoing relationships with state agencies and successful working relationships with these agencies. It is not an exaggeration to state that, based on our longevity and prestige in the Tallahassee legal community, that one or more members of our Team will have contacts in, and access to, all agencies of state government. Our Government Relations and Lobbying Team and other lawyers of the Firm represent clients in proceedings involving state agencies under Florida's Administrative Procedure Act, including promulgation of rules, rule challenges, development permitting, bid protests, certificates of need, declaratory statement petitions, electric utility territorial disputes, and public utilities regulation. Familiarity with the extent of agency jurisdiction, policy and rulemaking procedures helps us to be most effective when interacting with state agencies. Familiarity with State Agencies and a Record of Successful Working Relationships with These Agencies We have represented clients before the Executive Office of the Governor and most of Florida's administrative agencies, including the Departments of: Financial Services; Business and Professional Regulation; Economic Opportunity; Environmental Protection; Transportation; Management Services; Health; Revenue; and Agriculture and Consumer Services; as well as the Agency for Health Care Administration, the Public Service Commission, the Office of Insurance Regulation, the Dean, Mead & Dunbar Page 27 -7/24/20 Office of Banking and Securities, the Attorney General's Office of Anti-Trust, the Florida Housing Finance Corporation, and the state's water management districts. Our Team has represented public agencies in matters concerning real estate, eminent domain, land use and zoning, environmental permitting, bid protests, construction disputes and construction contracting, drafting and negotiating joint project agreements, mutual use agreements, interlocal agreements and co-funding agreements. We have also worked extensively with public records and sunshine law matters. Five members of the Dean Mead Team have held positions with state agencies and maintain close working relationships with those agencies. Jennifer Ungru served in the Executive Office of the Governor and as Chief of Staff to the Agency for Health Care Administration. French Brown is a former Deputy Director with the Department of Revenue. Marc Dunbar served as counsel in the Department of State. Angela Bonds was with the Division of Emergency Management, The Department of Motor Vehicles and Highway Safety, Department of Agriculture, Department of Environmental Protection, Department of State, the Governor’s Office of Planning and Budgeting. Pete Dunbar served as the General Counsel to the Governor and later services as the general counsel at the Department of Financial Services. The Dean Mead Team continues to work closely with these and other executive agencies in representation of clients and in work on legislative initiatives. 2) References from other public entities for whom our team has provided similar services. a) Lee County Mr. Glen Salyer Assistant County Manager Lee County, Florida P.O. Box 398 Fort Myers, Florida 33902 Phone: (239) 533-2221 E-mail: GSalyer@leegov.com Scope of Services Provided: Dean Mead’s Government Relations & Lobbying team currently serves as Legislative Counsel for Lee County. Primary issues include appropriations for water quality projects and transportation initiatives, economic development initiatives, and defense on many proposed changes to home rule authority such as fertilizer ordinances preemption of local occupational licenses. We have had numerous successes in obtaining funding, passing and often thwarting bad legislation. Our team successfully derailed legislation that would have preempted regulation of local licenses to the state, including those licenses that require specific knowledge and training for protection of the unique ground water resources of Lee County. We also defeated similar legislation that would have required statewide reciprocity of all local licenses. We worked with the Florida Association of Counties and other stakeholders to remove punitive provisions regarding impact fees from proposed legislation. Dean, Mead & Dunbar Page 28 -7/24/20 We worked closely with Lee County’s environmental consultant to successfully add language into the budget that requires the South Florida Water Management District to conduct a study to recommend the most appropriate geographic boundaries of the Big Cypress Basin based solely upon the common watershed and scientific support, addressing a longstanding problem impacting the residents of southern Lee County. Our team has a history of successfully obtaining funding for Lee County projects. Most recently, we secured $4,250,000 in funding to stabilize the only evacuation route for residents and visitors to Captiva and Sanibel Islands and fund improvements to increase the value of the park as a tourist attraction by adding beach sand, compacted shell parking spaces, picnic pavilion and event parking area, and improve fishing access. We also obtained an appropriation for the Artesian Well Abandonment project to plug the poorly constructed flowing well, stopping inter-aquifer intrusion of Saline water into fresher potable aquifers. In 2020 we successfully amended the annual tax package to increase the population threshold from 750,000 to 950,000, allowing the continued use of tourist development taxes to fund a fishing pier for Lee County. Dates of Service: 2017 to present b) Manatee County Mr. Nicholas Azzara, Information Outreach Manager Manatee County Administrator’s Office 1112 Manatee Avenue, West Bradenton, FL 34205 Phone: (941) 745-3771 Fax: (941) 745-3790 E-mail: Nicholas.azzara@mymanatee.org Scope of Services Provided: Dean Mead’s Government Relations & Lobbying Team performs general governmental affairs activities before the executive and legislative branches of Florida government. We have actively participated on behalf of Manatee County on a number of issues during our representation, including growth management, preemption issues such as fertilizer regulation, pain clinic regulation, juvenile justice and pre-trial detention programs, transportation, workers’ compensation, cable regulation, hazardous materials fees, and property and tourist taxes. We drafted and passed changes for the County on the use of phosphate tax proceeds, obtained appropriations for water projects and working with the Florida Shore and Beach Preservation Association, funding for beach restoration. We have assisted the County Attorney's office with a Cabinet item and have assisted public works on FDEP permitting issues and endangered species issues. We have defended against targeted legislative efforts to undermine a local zoning decision and amended statutes to allow the County to participate in a local transit tax option. In 2016, we spearheaded changes to animal control law to respond to problems in the Statute revealed by a local dog bite case. Working with other interested parties, we were able to successfully modify the law. We have also represented the County on agency items such as rulemaking by DCA, and have Dean, Mead & Dunbar Page 29 -7/24/20 facilitated staff participation in a FDOT study of proportionate share transportation fees. We often participate in work groups of the Florida Association of Counties on behalf of the County. On behalf of Manatee County, we have been successful in achieving very good results in beach restoration and water project funding in the range of $3 million over the last several years. We have successfully supported economic development projects in the County, and significant road and port improvements. In the 2020 Legislative Session we were successful in passing and maintaining appropriations of $13 million for two road projects. We have worked closely with the County Attorney to craft a solution to the County’s apparent lack of lien authority over property with extensive unpaid utility bills. Due to a quirk in the County’s special act authorizing the utility, it was an outlier in lacking this authority, yet there was reluctance on one delegation member’s part to grant this authority. After thwarting efforts to amend the local act for two years, we negotiated a compromise and the delegation unanimously passed the bill. When the same delegation member attempted again to kill the effort, we organized the delegation and addressing every concern, were able to pass the legislation. Dates of Service: 2004 to present c) Charlotte County Mr. Cameron Pennant 18500 Murdock Circle Port Charlotte, FL 33980 Phone: (941) 743-1944 E-mail: Cameron.pennant@charlottecountyfl.gov Scope of Services Provided: Dean Mead’s Government Relations & Lobbying team currently serves as primary legislative counsel for Charlotte County. Primary issues in recent years include appropriations for sewer projects and transportation initiatives, reducing consumer costs associated with advanced treatment wastewater units, economic development initiatives and defense on many proposed changes to home rule authority such as fertilizer ordinances and pain management clinic regulation. Previous representation includes budget priorities associated with hurricane recovery, land use and growth management bills, impact fees, taxation issues, and library funding. We have assisted the County Attorney’s office in evaluating options for litigation on DJJ funding, and successfully assisted on grant applications for beach funding and stormwater funding. We have had numerous successes in obtaining funding, passing and more frequently thwarting bad legislation. Most years that we have worked for the County, we have obtained or enabled funding for water projects in the amount of $500,000 to $750,000. We also obtained for Charlotte County beach re-nourishment and monitoring funding over $3 million; a $2 million dollar FDEP stormwater grant; funding for a new CAT Team; library funding; and disaster relief. We successfully engaged in an effort to include Charlotte County in qualification for a small county transportation fund which will be a future source of funding and has enabled several projects to proceed in Charlotte County. We regularly work with similarly impacted entities. For example, we were involved in a study by FDEP to address issues raised by inconsistent policy regarding reclaimed water. We successfully Dean, Mead & Dunbar Page 30 -7/24/20 achieved greater control of reclaimed water by the entity which creates it by ensuring that it was not subject to permitting as an additional source by FDEP. A few years ago, a threat was posed by legislation for the bail bonds industry to the utilization of successful pre-trial detention programs in most communities in Florida. For several years, we worked alongside other communities to fend off this harmful legislation. It was a great team effort with law enforcement, and one that we were glad was continually successful. Similarly, several efforts have been made to preempt local regulation of pain management clinics. These very effective local ordinances were preserved. Another great team effort with law enforcement was the effort to thwart an attempt at preemption of local regulations of secondary metal recycling. This successful local effort to combat metal theft was grandfathered while the Legislature adopted desirable statewide regulation. During our tenure with Charlotte County, there was a proposal to downsize the SFWMD Governing Board, which we helped ensure was short-lived. The importance of representation on this Board is understood as the Water Management District is an important source of water quality project funding, as well as a vital partner in potable water planning. Dates of Service: 2014 to present d) Tampa Bay Water Ms. Michelle Stom, APR Chief Communications Officer Tampa Bay Water 2575 Enterprise Road Clearwater, FL 33763 Phone: (727) 791-2305 E-mail: mstom@tampabaywater.org Scope of Services Provided: Members of the Dean Mead Government Relations and Lobbying Team have provided executive branch and legislative representation for Tampa Bay Water since 1994. In that representation, our team members have created and passed the legislative initiative creating Tampa Bay Water, as well as having been a part of every legislative initiative relating to water quality, supply and development since Tampa Bay Water’s inception. On behalf of Tampa Bay Water, we helped author and pursue the passage of the reorganization and modernization of chapter 373, Florida Statutes. We participated in the Florida Water Coalition in the pursuit of adequate funding of water supply initials. In a recent Session, we were able to defeat efforts which would have diverted major funding to a few select projects, thereby ensuring that the uniqueness of Tampa Bay Water and its services were recognized and not impaired. In recent years, we secured state appropriations finding of $10.5 million for the Regional Reclaimed Water and Downstream Augmentation Project and $650,000 for substation upgrades. Dates of service: 1994 to present Dean, Mead & Dunbar Page 31 -7/24/20 e) Indian Harbour Beach Mr. Mark Ryan City Manager 2055 South Patrick Drive Indian Harbour Beach, FL 32937 Phone: 321-773-3181 Email: mryan@indianharbour.org Scope of Services Provided: The Dean Mead Government Relations and Lobbying Team represents the City of Indian Harbour Beach on issues related to the state preemption of the regulation of short term rentals, proposed amendment to the Bert Harris, Jr., Private Property Rights Protection Act, and on appropriations issues. We worked closely with the Florida League of Cities and other stakeholders in successfully defeating legislation that would preempt the regulation of vacation rentals to the state. We also successfully defeated legislation that would have required the Bert Harris Act settlement terms be applicable to all similarly situated properties. We worked closely with the Florida League of Cities and other stakeholders in developing and coordinating the successful strategy, including weekly meetings, conference calls, obtaining vote counts and entering into negotiations for alternative solutions. In 2020 we successfully obtained and secured a $1 million appropriation for muck dredging to improve water quality in the Banana River which leads into the Indian River Lagoon, an Outstanding Florida Waterbody and an Estuary of National Significance. The project as funded will extend Brevard County‘s current Grand Canal project. Dates of Service: 2018-present Additional References: Representative Chris Sprowls Speaker-Designate, Florida House of Representatives 2364 Boy Scout Road, Suite 100 Clearwater, FL 33763-0901 Phone: (727) 793-2810 Email: Chris.Sprowls@myfloridahouse.gov Senator Ed Hooper Florida Senate 3450 East Lake Road Suite 305 Palm Harbor, FL 34685 Phone: (727) 771-2102 Email: Hooper.Ed@flsenate.gov Representative Chris Latvala Florida House of Representatives Dean, Mead & Dunbar Page 32 -7/24/20 2963 Gulf to Bay Boulevard Suite 206 Clearwater, FL 33759-4200 Phone: (727) 724-3000Phone: Email: Chris.Latvala@myfloridahouse.gov Representative Ben Diamond 425 North 22nd Avenue, Suite C St. Petersburg, FL 33701-4322 Phone: (727) 552-2747 Email: Ben.Diamond@myfloridahouse.gov Senator Kathleen Passidomo Majority Leader, Florida Senate 3299 East Tamiami Trail Suite 203 Naples, FL 34112 Phone: (239) 417-6205 Email: passidomo.kathleen@flsenate.gov Casey Cook Florida League of Cities Senior Legislative Advocate 301 S. Bronough Street Suite 300 Tallahassee, FL 32301 Phone: (850) 701-3609 Email: CCook@flcities.com E.D. “Ed” Armstrong,III Shareholder Hill Ward Henderson 600 Cleveland St Ste 800 Clearwater, FL 33755-4153 Phone: 727-724-3900 Email: ed.armstrong@hwhlaw.com Dean, Mead & Dunbar Page 33 -7/24/20 TAB 3 - Qualifications – Education and Training of Lobbyist(s) Peter Dunbar and Martha Edenfield will serve as the primary point of contacts for the City of Clearwater on this contracts. Pete was admitted to the Florida Bar in 1972, and during his professional career has worked extensively in the field of real property law and with the law governing condominiums and community associations. He is a member of the American College of Real Estate Lawyers. Martha was admitted to the Florida Bar in 1984 and since then has gained a wide variety of experience representing clients before the Florida Legislature, the Governor, the Cabinet and state agencies, having served as legal and governmental counsel for agricultural trade groups, industrial associations, healthcare providers and local governments. In addition, Dean Mead’s other Legislative Team Members are Marc Dunbar, Christopher Moya, French Brown, Jennifer Ungru and Angela Bonds. The professional bios for all seven members of our Team are provided below: Pete Dunbar's practice focuses on governmental, administrative, and real property law. Drawing on a distinguished background of public service, he represents and advocates on behalf of a variety of private and public interests before the Florida Legislature and the Executive Branch departments and agencies of Florida state government. Mr. Dunbar began his long career in Florida government in 1967 as a staff director in the Florida Legislature. He served as the Pasco County attorney and later served for 5 terms as a member of the Florida House of Representatives. Upon leaving the Legislature, he held the posts of General Counsel and Director of Legislative Affairs for Governor Bob Martinez and later served as the General Counsel at the Department of Financial Services. Mr. Dunbar served as Chief of Staff during the transition from the Martinez administration to the administration of Governor Lawton Chiles, and he is former Chairman and 2-term member of the Florida Ethics Commission. Currently, Mr. Dunbar serves on the inaugural committee for the Condominium and Planned Development Law Certification for The Florida Bar. Mr. Dunbar was admitted to the Florida Bar in 1972, and during his professional career has worked extensively in the field of real property law and with the law governing condominiums and community associations. He is a member of the American College of Real Estate Lawyers; he serves as an adjunct professor at FSU College of Law; and he has been selected by his peers as a member of Florida Trend's Legal Elite Hall of Fame. Significant Representation has included more than two decades of representation before the Legislature, the Governor, the Cabinet and state agencies for a variety of interests, including Peter M. Dunbar Office: Tallahassee Title: Shareholder Phone: (850) 999-4100 Fax: (850) 577-0095 Email: pdunbar@deanmead.com Dean, Mead & Dunbar Page 34 -7/24/20 businesses, professional organizations, the Florida judiciary, local governments, and trade associations. Projects have included passage of new laws that provide: • New protection of private property rights for owners of commercial and agricultural properties, condominium owners, and leasehold property interests; • New options for creation of special purpose agencies for regional water supply and wastewater treatment; • Statutory rewrites to modernize the chapters of Florida law regulating condominium and community housing, outdoor advertising, land trusts, lien rights and foreclosure. • New innovative funding options for local governments to provide improved transportation infrastructure, new sports and recreational venues, stormwater treatment facilities, economic development incentives, brownfield remediation and preservation of conservation lands. Mr. Dunbar has provided testimony as an expert witness in cases involving condominium and real property disputes. For more than four decades, he has represented condominium associations and homeowners’ associations in community operations and governance, covenant enforcement and interpretation, and other legal issues involved with community living. He has also provided appellate advocacy for clients in the Florida Supreme Court and district courts of appeal. Key Practice Areas Governmental & Legislative Affairs Real Property & Condominium Law Administrative Law Water and Growth Management Law Gambling and Pari-mutuel Law Professional and Civic Activities • American College of Real Estate Lawyers – Member • The Florida Bar  Real Property Probate and Trust Law Section – Legislative Counsel, Member  Administrative Law Section – Member • Conference of Circuit Court Judges – General Counsel • Tampa Bay Water Regional Supply Authority – Past Interim General Counsel • Institute of World War II and the Human Experience—Advisory Board Member • FSU College of Law Board of Visitors—Member • Community Associations Institute—Member • NOAA Sea Grant Review Panel of the U.S. Department of Commerce – Past Chairman and Member • Florida Judicial Council – Past Member • Collins Center for Public Policy – Past Board Member Dean, Mead & Dunbar Page 35 -7/24/20 • Special Olympics volunteer and coach • Coastal Conservation Association – Member Education • Juris Doctor: Florida State University College of Law, Tallahassee, Florida, with honors, 1972 • Bachelor of Arts—Political Science: Florida State University, Tallahassee, Florida, 1969 Bar Admissions Florida  Recognition & Awards • Recognized among Florida Trend’s Legal Elite Hall of Fame since its inception • Named Outstanding Government & Administrative Attorney in Florida Trend Magazine’s Legal Elite, 2014-2020 • Named an Outstanding Government Relations, Real Estate, Lobbying Attorney in Florida Super Lawyers Magazine, 2009-2020 • Martindale Hubbell: AV Rating • 2012 Recipient of FSU College of Law Distinguished Alumni Award • 2011 Recipient of Robert C. Scott Memorial Service Award from Real Property, Probate and Trust Law Section • 1999 Recipient of Conservation Colleague Award for the Florida Chapter of the Nature Conservancy • Florida State University Gold Key Speaking Engagements Mr. Dunbar is a frequent lecturer at Continuing Legal Education programs, including:  Annual Legislative Update sponsored by the Real Property, Probate and Trust Law Section of the Florida Bar  Institute Condominium and Cluster Development sponsored by the University of Miami College of Law  Demystifying the Legislative Process sponsored by the Government Lawyers Section of the Florida Bar  Florida Women Lawyers Association  Common Ownership Realty Association of the Florida Institute of Certified Public Accounts Frequent lecturer on Florida state government structure and operations, including before:  Florida Budget and Tax Reform Commission  Undergraduate political science classes at the University of Florida and Florida State University  Florida Association of Counties  Leadership Pinellas  Government Lawyers Section Dean, Mead & Dunbar Page 36 -7/24/20 Key note addresses on World War II and the Battle of the Solomon Islands at Florida State University, Fordham University, Jacksonville Historical Society and Ringling Institute, Tallahassee Exchange Club, and Real Property, Probate and Trust Law Section of the Florida Bar Publications Mr. Dunbar is the author of numerous books and publications including: • The Condominium Concept, Pineapple Press • The Law of Florida Homeowners Association, Pineapple Press • Resident Owned Community Guide for Florida Cooperatives, Pineapple Press • Homeowners Association Manual, Pineapple Press • Before They Were the Black Sheep, University Press of Florida • “Partial Termination: Good Things Can Happen to Bad Projects,” Florida Bar Journal, with Eleanor Taft, Wilhelmina Kightlinger and Kevin Wells • “Condominium,” Sage Encyclopedia of Housing 2nd Edition • “Four Tenants of the Respected and Successful,” Points of Personal Privilege, The James Madison Institute Mr. Dunbar is a frequent contributor to Dean Mead’s Blogs at www.deanmead.com. • Pete Dunbar Presents at Standing Room Only Communities Association Meeting • Pete Dunbar Featured at Book Signing in Advance of Veterans Holiday • Pete Dunbar Lectures at FSU’s World War II Institute • Dean Mead Hosts Florida Legislative Update in Orlando • Standing Room Only at Dean Mead’s Legislative Update in Tampa • Dean Mead’s Legislative Update Series Draws Big Crowd in Brevard County • HOA Blog Part V: Distinguishing Between Condo and HOA Fees, Fines, and Penalties • Dean Mead Partners with St. Lucie Chamber and EDC to Host Legislative Luncheon • HOA Blog Series Part IV: Why Are HOA Fees Important? • HOA Blog Series Part III: What Happens When You Don’t Follow HOA Rules? • Dean Mead Sponsors FOAA 2016 Annual Conference • HOA Blog Series Part II: What Restrictions Exist in a HOA? • HOA Blog Series Part I: What Does it Mean to Live in a HOA? • Pete Dunbar Featured in Tallahassee Democrat • Dean Mead’s Agribusiness Team: Preserving Florida’s Freshwater Resources • Florida Legislature Reaches Turning Point on Water Policy • Florida Legislative Post-Session Highlights • Dean Mead’s Pete Dunbar Featured on Facing Florida • Attorneys Visit Florida Trend to Talk Issues Impacting Businesses Around the State • Pete Dunbar Interview on Florida’s Water: Environmentalists Cry Foul Over Land Money. Dean, Mead & Dunbar Page 37 -7/24/20 Ms. Edenfield focuses her practice on governmental affairs and administrative law. Since entering into the private practice of law in Tallahassee in 1984, she has gained a wide variety of experience representing clients before the Florida Legislature, the Governor, the Cabinet and state agencies. Ms. Edenfield utilizes her political leadership skills to advocate for her clients and coordinate a legislative team. Ms. Edenfield has extensive experience as legal and governmental counsel for agricultural trade groups, industrial associations, medical professionals, legal and judicial associations and local governments. For over 30 years her legislative practice has focused on state regulation and funding issues related to a wide range of areas including water and the environment, transportation and infrastructure, health law, local governments, the judiciary and real property, probate trust and guardianship law Ms. Edenfield has been recognized by her peers for her work in the government relations and administrative areas of practice, including being repeatedly selected as one of the state’s “Legal Elite” by Florida Trend magazine and other publications. She is also a Martindale-Hubbell “AV Preeminent” rated lawyer by both her peers and judges. Representative Experience Projects have included significant involvement in the drafting and passage of legislation including: • Statutory rewrites to modernize the Florida Trust Code, the Florida Probate Code, the Florida Uniform Principal and Income Act, the Florida Uniform Disclaimer of Property Interest Act, the Florida Power of Attorney Act, and the Florida Land Trust Act. Expanding the courts power to appoint a court monitor and creating emergency court monitors. • Enactment of public records exemptions for court monitors and estate inventories. • The Patient Self-Referral Act of 1992. • The 1996 Administrative Procedure Act rewrite. • The Florida Brownfield Redevelopment Act of 1997. • Reorganization and rewrite of Part VII of Chapter 373, F.S.,Water Supply Policy Planning, Production and Funding (2010). • Reorganization and rewrite of Part III of Chapter 479, F.S., Sign Removal (2010). • Innovative funding options for local governments for improved transportation infrastructure, new sports and recreational venues, stormwater treatment facilities, economic development incentives, brownfield remediation and preservation of conservation lands. • The nationally recognized statutory protection of private property rights requiring just compensation for outdoor advertising property interests. Martha J. Edenfield Office: Tallahassee Title: Shareholder Phone: (850) 999-4100 Fax: (850) 577-0095 Email: medenfield@deanmead.com Dean, Mead & Dunbar Page 38 -7/24/20 • Grandfather provisions for private interests and governmental entities. • Exemption from regulation under the Florida Insurance Code for private entity. • Local bills on behalf of governmental entities. • Agricultural tax exemptions. Key Practice Areas • Governmental & Legislative Affairs (including drafting and editing of legislation and amendments) • Administrative Law • Regulatory matters before state agencies • Water and Growth Management Law • Gaming Law Significant Appointments • Governor's Administrative Procedure Act Review Commission which provided guidance to the Legislature for the 1996 rewrite of the Florida Administrative Procedure Act, by Governor Lawton Chiles. • Florida Consumers Council, appointed by Florida Agriculture Commissioner Bob Crawford. Primary Industries • Government relations and regulatory representation on behalf of business, professional and governmental entities. Professional and Civic Activities • The Florida Bar  Environmental and Land Use Law Section  Administrative Law Section  Real Property, Probate and Trust Law Section  Health Law Section  Government Lawyers Section • Tallahassee Bar Association - Member • Tallahassee Women Lawyers – Past President, Past Vice President, Board Member and Current Member • Florida Association for Women Lawyers – Member • Leadership Tallahassee – Member, Class XII • Capital Women’s Network – Member Charitable and Pro Bono • Junior League of Tallahassee - Past Board Member (Bylaws and Parliamentarian) and Committee Chair (You and the Environment), Current Sustaining Member • Keep Tallahassee-Leon County Beautiful – Past Chair and Board Member Education • Juris Doctorate: Florida State University College of Law, Tallahassee, Florida, 1984 Dean, Mead & Dunbar Page 39 -7/24/20 • Bachelor of Science, Finance: Florida State University, Tallahassee, Florida, 1981 • Associate of Arts: Eastern Florida State College (formerly Brevard Community College), Melbourne, Florida, 1979 Bar Admissions Florida Bar, 1984 Prior Legal Experience Pennington, P.A., Tallahassee, Florida, 1996-2013 Akerman Senterfitt, Tallahassee, Florida, 1992-1996 Oertel, Hoffman, Fernandez and Cole, P.A., Tallahassee, Florida, 1984-1992 Recognition & Awards • 2011 Recipient of the Robert C. Scott Memorial Service Award from the Real Property, Probate and Trust Law Section of the Florida Bar • Named and Outstanding Government Relations Practice Attorney in The Best Lawyers in America®, 2018-2020 • Recognized among the Top Florida Lawyers in Florida Trend’s Legal Elite, 2007, 2009, 2013, 2016 and 2019-2020 • Martindale Hubbell: Preeminent AV Rating Publications • “Attorney Fees and Costs”, Florida Bar Journal, March 1997 • Ms. Edenfield frequently writes articles for statewide business publications on environmental and administrative law issues Marc W. Dunbar Office: Tallahassee Title: Shareholder Phone: (850) 999-4100 Fax: (850) 577-0095 Email: mdunbar@deanmead.com Marc Dunbar focuses his practice on governmental relations and legislative advocacy, commercial transactions and gaming. He has 25 years of experience, and he advises a wide range of clients, with particular emphasis on businesses in highly regulated industries. Mr. Dunbar handles legal matters and provides lobbying representation for a multitude of regulated industries, including motor vehicle manufacturing and dealerships, gaming, tobacco, alcohol, healthcare services and providers, and medical cannabis. At the trial and appellate levels, Mr. Dunbar is regularly engaged in litigating complex statutory and constitutional matters. He has more than two dozen reported appellate cases that he has won on behalf of clients in regulated professions. In addition to civil, administrative, and appellate litigation, Dean, Mead & Dunbar Page 40 -7/24/20 Mr. Dunbar has been very active in assisting regulated entities and private equity firms in exploring and evaluating emerging opportunities in industries in which federal and state governments exercise high levels of oversight and law enforcement agencies focus their scrutiny. He is frequently asked by industry clients to draft proposed changes to complex rules and statutes affecting regulated professions in Florida and elsewhere. Along with his work for regulated industries, Mr. Dunbar also practices ethics and elections law representing a host of statewide campaigns such as the campaign for Governor Ron DeSantis and the Republican Governors Association. He has served as a gubernatorial appointee to one of Florida’s water management districts and presently is an appointee by Florida’s Chief Financial Officer to the board of Citizens Property Insurance Company. Furthermore, Mr. Dunbar has extensive private-sector experience outside of his legal practice. Among other examples, he has twice served in senior executive capacities for large, integrated gaming properties; qualified as an expert witness in a gaming-related administrative trial; founded and sold a gaming-related business; and regularly retained as a game-design consultant. Mr. Dunbar is a member of the Board of Visitors for Florida State University College of Law, where he also serves as an adjunct professor. Following law school, Mr. Dunbar worked for several years in the public sector. He was recognized for his exceptional legal work by Florida Tax Watch, and he was a recipient of the Davis Productivity Award, which honors state employees for exemplary service to Florida’s taxpayers. Key Practice Areas • Commercial Transactions • Gaming Practice • Government Relations & Lobbying • State and Local Taxation • Federal Tax Law Primary Industries • Hospitality • Gaming Professional and Civic Activities • International Association of Gaming Advisors • International Masters of Gaming Law Education • Juris Doctor: Florida State University, College of Law, Tallahassee, Florida, 1994 • Bachelor of Arts: cum laude, Florida State University, 1991 Bar Admissions • Florida Dean, Mead & Dunbar Page 41 -7/24/20 • U.S. District Court, Middle District of Florida • U.S. District Court, Northern District of Florida Recognition & Awards • International Masters of Gaming Law Conference, President's Award (2017) • The Best Lawyers in America®, Gaming Law and Administrative/Regulatory Law (2018-2020) • AV Preeminent® Peer Review Rating in Martindale-Hubbell • Florida Trend, "Florida Legal Elite" (2013-2020) • Northwest Florida Water Management District, Gubernatorial Appointee (2015-2018) • Executive Appointee by Florida’s Chief Financial Officer, Citizens Property Insurance Company, Member of Board of Governors (2018 – 2019; and recently reappointed for a term ending on July 31, 2022) Speaking Engagements • Moderator, “Effects of the 2016 Elections and Emerging Trends facing Gaming in the United States,” May 1, 2017 • Panelist, "Daily Fantasy Sports State Regulation Update," April 27, 2016, San Francisco, California • "Gambling or Not: Defining the Legal Status of Products at the Intersection of Gambling and Entertainment", February 2, 2016, London, England • "Legislative and Policy Update," January 16, 2016, Orlando, Florida • "Sports and Gaming: What's Legal, What's Not," January 16, 2016, Orlando, Florida • "Internet/Mobile/Social Gaming and Virtual Currencies," August 22, 2015 • "Regulating Skill-based Games," June 22, 2015 • "Regulated Gaming, Grey Games and Entertainment: Where is the Line?" March 3, 2015, Las Vegas, Nevada • "The Morphing of Social Gaming, Fantasy Sports, and Sweepstakes into Gaming," February 12, 2015, Las Vegas, Nevada • "Internet Café and Gray Market Slot Machine," January 3, 2015 • "The Comment Period: The Public’s Role in Gaming," Global Gaming Expo (G2E), September 25, 2013, Las Vegas, Nevada - Sands Convention Center • "Horse Racing at a Crossroads," May 9, 2013 • "Gambling and Public Policy," February 26, 2013 • "Gaming Law," July 25, 2012 • "Gaming in Emerging Jurisdictions," April 17, 2012 • "Mid-size and Regional Brick and Mortar Operators Panel," May 3, 2011 • "Sweepstakes and Slot Machine Laws," March 3, 2010 • "Sweepstakes and Slot Machine Laws," March 3, 2009 • "History of Sweepstakes and Slot Machine Laws in Florida," March 3, 2008 Publications • “Florida chapter, International Comparative Legal Guide (ICLG) to: Gambling 2020”, Co- Author, November 20, 2019 • “The State of Indian Gaming in Florida," Indian Gaming Lawyer, Co-Author, April 19, 2018 Dean, Mead & Dunbar Page 42 -7/24/20 • Florida Chapter, Chambers Global Practice Guides: Gaming, Gambling & Licensing, Author (1st ed. 2018), February 6, 2018 • Florida Chapter, International Comparative Legal Guide to: Gambling, Author (3rd ed. 2017), December 19, 2016 • News from Florida Gaming Congress, December 22, 2015 • Florida Chapter, International Comparative Legal Guide to: Gambling, Author (2nd ed. 2016), December 19, 2015 • "Florida's Uncertain Legal Landscape for Fantasy Sports: A Closer Look," Gaming Law Review and Economics, November 2015, 19(9): 644-651. doi:10.1089/glre.2015.1994., October 22, 2015 • Florida Chapter, International Comparative Legal Guide to: Gambling, (1st ed. 2015), January 1, 2015 • "Tackling a Hidden Danger," iNTERGAMINGLAW Magazine, Issue 2, November 18, 2014 • "Does Ruling Spell Doom for Poker as a Skill?" Ante Up Magazine, October 18, 2014 • "Divergent Views on Advancing Technology Deployment Across Country," October 1, 2013 • "Florida: A Market Preparing for the Future," Casino Enterprise Management, April 24, 2013 • "BLACK FRIDAY: The poker world a year later," Ante Up Magazine, March 24, 2013 • "It's time to bet big in the polls," Ante Up Magazine, October 24, 2012 • "The History of Internet Cafés and the Current Approach to Their Regulation," UNLV Gaming Law Journal: Vol. 3: Iss. 2, Article 5, September 24, 2012 • "No destination casinos in Florida in 2012," Ante Up Magazine, February 24, 2012 • "Don't go 'Wild' with those casino markers," Ante Up Magazine, January 24, 2012 • "Court says 'Table Talk' not protected in poker,'" Ante Up Magazine, December 24, 2011 • "Florida: Gambling's Next Big Market?" Casino Enterprise Management, December 24, 2011 • "Lost money online? It's no surprise," Ante Up Magazine , November 24, 2011 • "Florida poker: 15 years of change," Ante Up Magazine, October 24, 2011 • "Make judges play poker for money, then see if it's luck," Ante Up Magazine, September 24, 2011 • "Anti-gambling enforcement increased," Ante Up Magazine, July 24, 2011 • "Get politically active to help online poker," Ante Up Magazine, June 24, 2011 • "Will Florida ever get intrastate online poker?" Ante Up Magazine, April 24, 2011 • "The house has the edge in the courtroom, too," Ante Up Magazine, March 24, 2011 • "Being Banned is Possible if You Misbehave," Ante Up Magazine, February 24, 2011 • "Gambling Advice: Don't be a Felon In 2011!" Ange, January 24, 2011 • "Elections deal blows to poker, gaming chances," Ante Up Magazine, November 24, 2010 • "Wanted: Political champions for poker," Ante Up Magazine, September 24, 2010 • "What Constitutes Gambling?" Ante Up Magazine, August 24, 2010 • "Struggling with the 'Grey Market,'" Ante Up Magazine , July 24, 2010 • "Let the silly season begin," Ante Up Magazine, June 24, 2010 • "Struggles at the sausage factories," Ante Up Magazine, May 24, 2010 • "The Seminole Compact explained," Ante Up Magazine, April 23, 2010 Dean, Mead & Dunbar Page 43 -7/24/20 • "Lobbying money paid off big for Florida in 2009," Ante Up Magazine, March 24, 2010 • "2010 could be monumental for poker in the Southeast," Ante Up Magazine, February 24, 2010 • "Poker profits up in the Sunshine State," Ante Up Magazine, February 24, 2010 Christopher Moya Office: Tallahassee Title: Director, Strategy & Management Consultant Phone: (850) 999-4100 Fax: (850) 577-0095 Email: cmoya@deanmead.com Mr. Moya has more than 22 years of strategic management consulting experience. He advises some of the world’s best-known businesses and brands, and his global network provides his clients with access to key decision makers in the public and private sectors. With his entrepreneurial capabilities acquired from the starting and running of numerous businesses, ranging from media companies to consulting practices, Mr. Moya offers clients the measures to help achieve results. Currently, his clients include many well-known, publicly traded and privately held companies, as well as government entities. Mr. Moya provides a broad range of strategic development, public relations, and consulting services in addition to serving on the boards of civic organizations, think tanks, and privately held corporations. Recently, Mr. Moya was appointed to the Federal Judicial Nominating Commission by US Senators Marco Rubio (R-FL) and Bill Nelson (D-FL). The commission selects candidates for lifetime appointment to federal judicial posts, whose names are then forwarded to the White House for final consideration. Primary Industries • Government Relations, Lobbying and Administrative Law Professional and Civic Activities • Citrapac, Inc. o Corporate Board of Directors • Enterprise Florida, Inc. o Board of Directors • Federal Judicial Nominating Commission of Florida • Florida Tax Watch o Board of Directors • Hispanic Business Initiative Fund o Board of Directors • National Multiple Sclerosis Society o Advisory Board • State of Florida Children's Home Society Dean, Mead & Dunbar Page 44 -7/24/20 o Board of Directors Education • Master of Business Administration: Emory University Goizueta Business School, Atlanta, Georgia, 2016 • Bachelor of Science: Florida State University, Tallahassee, Florida, 2005 Bar Admissions • Not licensed to practice law French Brown offers clients 12 years of experience practicing in state and local taxation. Prior to joining Dean Mead, he practiced at another law firm in Tallahassee. He began his legal career at the Florida Department of Revenue, where he quickly rose to the position of Deputy Director of Technical Assistance and Dispute Resolution. There he oversaw more than 50 department attorneys, accountants and auditors in charge of legal guidance, agency rulemaking, and informal audit protests. French assists businesses with Florida tax planning and controversies. Representative Experience • Represents clients on state and local tax issues before the Florida Department of Revenue, in the Florida courts, before the Division of Administrative Hearings and the Florida Legislature. • Represents businesses before the Florida Legislature by monitoring and reporting on legislation, preparing amendments, testifying before legislative committees, developing coalitions and advocating clients’ positions to legislators and legislative staff. • Served as Deputy Director of the Florida Department of Revenue, Technical Assistance and Dispute Resolution, and counseled the agency on a variety of state and local tax issues, including Florida’s communications services, corporate income, documentary stamps, and sales and use taxes. • Counsels and represents corporate clients with Florida sales tax problems, including commercial rental transactions, real estate development, manufacturing operations, retail operations, construction, publishing, electric and telecommunications utilities, financial services, entertainment and hospitality industries. • Advised study commissions and task forces on state and local tax policy, including the Communications Services Tax Working Group (2012). H. French Brown, IV Office: Tallahassee Title: Shareholder Phone: (850) 999-4100 Fax: (850) 577-0095 Email: fbrown@deanmead.com Dean, Mead & Dunbar Page 45 -7/24/20 Key Practice Areas • State and Local Taxation • Administrative Law • Government Relations and Lobbying • Business Expansion & Relocation • Biofuel & Renewable Energy Primary Industry Teams • Government Relations and Lobbying • Solar Energy Professional and Civic Activities • The Florida Bar Association  Tax Section (2007 – Present) • Institute for Professionals in Taxation  Member (2013 – present) • Leadership Florida Connect, Class 7 • Leadership Tallahassee, Class 30 • FICPA State Tax Conference (2014 – Present) • Rotary District 6940  Assistant District Governor (2015 – 2018) • Tallahassee Sunrise Rotary  President (2013 – 2014) Education • Juris Doctor: Florida Coastal School of Law, Jacksonville, Florida, 2007  Certificate, Environmental Law, 2007 • Bachelor of Science, General Chemistry: Florida State University, Tallahassee, Florida, 2003 Bar Admissions • Florida, 2007 • U.S. District Court, Northern District of Florida, 2016 • U.S. District Court, Middle District of Florida, 2014 • U.S. District Court, Southern District of Florida, 2014 • Recognition & Awards • Recognized by Chambers USA- America’s Leading Business Lawyers, 2017 and 2018 • Honored as a Florida Legal Elite “Up and Comer” by Florida Trend magazine, 2018, 2020 • Honored as a “Rising Star” in Florida Super Lawyers Magazine, 2016-2017 Speaking Engagements • Moderator: 2020 Florida Legislative Preview with guest panelists Senator David Simmons, Senator Geraldine Thompson, and Representative Josie Tomkow, Dean Mead’s Legislative Series in Orlando, September 2019 Dean, Mead & Dunbar Page 46 -7/24/20 • Featured among the speakers at the COST Southeast State Tax Seminar at Pfizer, Inc. in Memphis on June 27, 2019 • Lowering the Cost of Doing Business in Florida – Targeted Tax Reform, Florida Chamber of Commerce, January 2018 • Amendment 4 and Solar Development in the Sunshine State, Environmental and Land Use Law Section of The Florida Bar, May 2017 • Southeast & Federal Tax Legislative Update, FICPA MEGA Conference, 2016 (co-presenter) • Transfer Taxes – Minimizing the Property Taxes Paid at Closing, IPT Property Tax Symposium, 2014 (panelist) • Tax Issues Facing the Department and the Effect on Taxpayers, Florida Bar and FICPA State Tax Conference, May 2011 (panelist) • Florida State and Local Tax Update, Florida State University Fall Accounting Conference, November 2010 (panelist) • Rule Updates, FICPA Florida State Tax/ Florida Department of Revenue Liaison Meeting, November 2010 and November 2011 • Sales Tax Issues for Not-for-Profits, FICPA Florida State University Spring Accounting Conference, May 2009 Publications • Quoted in an article entitled, In Florida, 99% of companies pay no corporate income tax — with lawmakers’ blessing | Special Report, published in the Orlando Sentinel on November 13, 2019 • Quoted in an article entitled, Lobbyists for Amazon, Walmart and other big businesses are writing a law to collect Florida sales tax online, published on September 25, 2019 in the Orlando Sentinel • Guest Columnist of an article entitled, “INSIGHT: Florida Corporate Income Tax Credits Help Recipients and Taxpayers Through New Law,” published in Bloomberg Tax, April 2, 2019 • Guest columnist of an article entitled, “Florida Tax Exemptions Are Available for Solar Farms”, published in i4 Business magazine, January 2019 • The 2016 Amendments to the APA: Say Goodbye to United Wisconsin – and More, Florida Bar Journal, Volume 90, Number 9, September – October 2016 (co-author) • Sales Tax Building for Real Property Contractors, Florida CPA Today, May – June 2009 • Rebirth of CERCLA Section 107 Contribution Actions: New Life PRPs that Conduct Voluntary Cleanups After Aviall, 14 Buffalo Environmental Law Journal, 211 (2007) Blog Articles • Florida Department of Revenue Emergency Orders Regarding Sales and Property Tax: March 26, 2020 • The Florida Department of Revenue Seeks Legislation to Use Business’ Credit Card Data Against Them • French Brown featured in Orlando Sentinel on Corporate Income Tax • French Brown in Orlando Sentinel on Newly Proposed Legislation • Florida Corporate Income Taxpayers Must Separately Report Key TCJA Impacts • Pre-filed Legislation Would Impose Florida Sales Tax Collection Responsibilities on Remote Sellers and Marketplace Providers • Increased Florida Corporate Tax Collections Estimated to Trigger $540M in Refunds Dean, Mead & Dunbar Page 47 -7/24/20 • Florida Wayfair Article in Law360 • Tax Refunds And Rate Reductions Ahead For Florida Companies • Wayfair: Formulating A Florida Response • New Florida Corporate Income Tax Credits Explained by French Brown • Florida DOR Publishes Report on Impacts to Florida Taxpayers due to TCJA • Key Legislative Issues on the Forefront in 2019 – Part II • Florida Financial Outlook – Currently Sunny with Slight Chance of Recession • Challenging Property Tax Assessments in Court • How Amendment 6 Will Impact Florida Tax Law • French Brown Explains Possible Florida Taxpayer Effects Due to Proposed Amendments • French Brown Shares Insight on Vote of Florida’s Amendment 2 Importance • French Brown Comments on Florida Amendment 2 Issue • The Florida DOR’s Thirteen TCJA Topics – A Closer Look • Florida Department of Revenue Conducts First Public Meeting Regarding TCJA Changes • Florida DOR Seeks Input for TCJA Impact Analysis • Florida Property Tax Litigation: Procedural Traps for the Unwary • A Brave New World: The Taxation of Online and Mail Order Sales in a Post-Wayfair Florida • FINDING YOUR ZONE – Florida’s Opportunity Zones Confirmed • French Brown Quoted in Florida Politics on Amendment 2 • Florida Department of Revenue Publishes Tax Refund Forms for Farms, Nursing Homes, and Assisted Living Facilities Impacted by Hurricane Irma • Chambers USA 2018 Recognizes Seven Dean Mead Attorneys for Legal Excellence • Florida Department of Revenue to Study Impacts of Federal Tax Reform – Seeking Taxpayer Input • 2018 Florida Legislature Enacts Numerous State and Local Tax Changes • Legislative Update: The Federal Tax Cuts and Jobs Act and the Risk for Florida Corporate Taxpayers Jennifer P. Ungru Office: Tallahassee Title: Corporate Affairs Advisor Phone: (850) 999-4100 Fax: (850) 577-0095 Email: jungru@deanmead.com Ms. Ungru has over 15 years of political, policy, and governmental experience. She focuses on advocacy, strategy development and execution, policy, messaging, procurement strategy, and targeted crisis response/management. Ms. Ungru offers clients the knowledge and insight she has acquired from serving high-profile roles in the Executive Office of the Governor, the Florida Legislature, and at the highest levels of national and statewide political campaigns. Using her political acumen and an analytical approach, Ms. Ungru helps clients define their objectives, build a cohesive strategy, and overcome challenges that Dean, Mead & Dunbar Page 48 -7/24/20 stand between them and their goals. She provides a deep understanding of “the how and the why” of policy and the political process that is results-oriented. During her career, Ms. Ungru has served in the appointed position of deputy chief of staff for Governor Rick Scott, overseeing nine agencies, including the healthcare and public safety departments, as well as the Departments of State and Management Services. Together, these agencies account for more than 45 percent of the state’s total budget. In addition, Ms. Ungru was chief of staff for the Agency for Health Care Administration (AHCA), which oversees the state of Florida’s Medicaid program and regulates more than 45,000 healthcare facilities. During her tenure, the agency implemented major health reforms, including the movement to Statewide Medicaid Managed Care, the largest procurement in state history. Nationally, Ms. Ungru has extensive political experience in 13 states, as well as with the Republican National Committee and National Republican Senatorial Committee. Jennifer was tapped by the DeSantis campaign for Election Day Operations. She then led the recount efforts and strategy for Governor DeSantis. She was then asked to both present to the Transitional Advisory Committee on Government Operations regarding the 2018 elections and recounts, and serve as a member to the Health Care Transition team. Primary Industries • Government Relations, Lobbying and Administrative Law Education • Juris Doctor: Capital University Law School, Columbus, Ohio, 2003 • Bachelor of Arts: Loyola College of Maryland, Baltimore, Maryland, 2000 Angela C. Bonds Office: Tallahassee Title: Government Affairs Manager Phone: (850) 999-4100 Fax: (850) 577-0095 Email: abonds@deanmead.com Angela Bonds has over 10 years of experience in government and legislative affairs. She has worked with government officials at the local, state and national level. During her career, Ms. Bonds held roles at several state agencies, and she has handled a wide range of government issues. She has assisted with drafting legislation and veto recommendations for complex policy issues; contributed to the development of policy agendas; coordinated the implementation process at the conclusion of legislative sessions; and provided officials with research for bill proposals and impact analysis. Prior to joining Dean Mead, Ms. Bonds was the director of legislative affairs for the Florida Division of Emergency Management. Along with the other aspects of her position, she was involved in the Dean, Mead & Dunbar Page 49 -7/24/20 response to Hurricane Michael. Ms. Bonds assisted with the communication of vital disaster information to members of the Florida House of Representatives and Senate and U.S. Congress, as well as local officials. Ms. Bonds also served as director of legislative affairs for the Florida Department of State and deputy director of legislative and cabinet affairs for the Florida Department of Highway Safety. Additionally, she has worked for the Executive Office of the Governor, Office of Policy and Budget, Florida Department of Agriculture and Consumer Services, and Florida Department of Environmental Protection. Primary Industries Government Relations and Lobbying Education Bachelor of Science, Lee University, Cleveland, Tennessee, 2004 Dean, Mead & Dunbar Page 50 -7/24/20 TAB 4 – Cost for Services Annual flat fee for Legislative Services $48,000. Actual expenses not to exceed $4,800. Total fee and reimbursed expenses $52,800. The scope and complexity of the project dictate the required personnel, expertise and expense necessary to accomplish the desired results. Success in the legislative arena and in the executive agencies of state government depends on the long-term relationships developed with public officials and staff. This includes work on campaigns, responsiveness to research requirements, and problem solving generated by elected officials and by staff, and experience in prior public service. Providing services for lobbying are hard to quantify at an hourly rate structure where the key to success is access. In order to maintain that relationship for clients, monitoring and lobbying on an hourly basis is unfeasible. Dean Mead proposes a flat fee for legislative services for each legislative cycle. Special projects not contemplated within the scope of services of this RFP will be agreed to in advance and billed separately at the Firm’s current hourly rates of $200 to $350 an hour. Although we are not aware of any conflicts of interest at this time, if a direct conflict of interest in the representation of the City for lobbying service is asserted which requires the City to obtain independent representation for lobbying service, we propose that the fee for independent counsel as to the conflict issue be subtracted from the lobbying service contract fee amount. The annual flat fee for legislative services will be $48,000 billed monthly in equal installments of $4000. Actual expenses will be billed separately on an itemized basis and reimbursed on an actual cost incurred based on appropriate governmental schedules. Travel and out of pocket expenses are projected not to exceed 10% of the fee amount, or $4800 and will be billed for reimbursement only after incurred. The total contract amount shall not exceed $52,800. Dean, Mead & Dunbar Page 51 -7/24/20 TAB 5 – Other Forms The completed forms that are requested by the City of Clearwater for this proposal are provided on the following pages in this section, including: 1. Exceptions/Additional Materials/Addenda form 2. Vendor Information form 3. Vender Certification of Proposal Form 4. Scrutinized Companies form(s) as required 5. W-9 form. Include a current W-9 form Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33758-4748 727-562-4633 Tel v 11.2018 REQUEST FOR PROPOSALS #46-20 State Lobbying Services June 29, 2020 NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until 10:00 AM, Local Time, July 27, 2020 to provide State Lobbying Services. Brief Description: The City of Clearwater seeks an experienced lobbyist (person, firm, or entity) to represent the City before the State of Florida government. Proposals must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Proposal packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process, or Technical Questions concerning this solicitation should be directed, IN WRITING, to the Procurement contact below: This Request for Proposals is issued by: Lori Vogel, CPPB Procurement Manager Lori.vogel@myclearwater.com INSTRUCTIONS State Lobbying Services 2 RFP #46-20 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact listed on Page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their proposal. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a proposal. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No If so designated above, attendance is mandatory as a condition of submitting a proposal. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: July 27, 2020 Time: 10:00 AM (Local Time) The City will open all proposals properly and timely submitted and will record the names and other information specified by law and rule. All proposals become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, proposals are available for inspection by contacting the Procurement Division. i.5 PROPOSAL FIRM TIME: 120 Days from Opening Proposal shall remain firm and unaltered after opening for the number of days shown above. The City may accept the proposal, subject to successful contract negotiations, at any time during this time. i.6 PROPOSAL SECURITY: Yes $ 0.00 No If so designated above, a proposal security in the amount specified must be submitted with the proposal. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such proposal security shall be forfeited to the City of Clearwater should the proposer selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes $ 0.00 No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if INSTRUCTIONS State Lobbying Services 3 RFP #46-20 any, will be returned to Contractor upon the expiration or termination of the contract. i.7 PROPOSAL SUBMITTAL: It is recommended that proposals are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Companies may mail or hand-deliver proposals to the address below. Use label at the end of this solicitation package. E-mail or fax submissions will not be accepted. 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 proposal that is not properly addressed and identified. i.8 LATE PROPOSALS. The proposer assumes responsibility for having the proposal delivered on time at the place specified. All proposals received after the date and time specified shall not be considered and will be returned unopened to the proposer. The proposer assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The proposer agrees to accept the time stamp in the City’s Procurement Office as the official time. i.9 LOBBYING. The integrity of the procurement process is critical. Communication regarding this solicitation for purpose of influencing the process or the award, between any person or affiliates seeking an award from this solicitation and the City is strongly discouraged. This does not prohibit public comment at any City Council meeting, study session or Council committee meeting. This shall not apply to vendor-initiated communication with the contact(s) identified in the solicitation or City-initiated communications for the purposes of conducting the procurement including but not limited to pre-bid conferences, clarification of responses, presentations if provided in the solicitation, requests for Best and Final Proposals, contract negotiations, protest/appeal resolution, or surveying non-responsive vendors. i.10 COMMENCEMENT OF WORK. If proposer begins any billable work prior to the City’s final approval and execution of the contract, proposer does so at its own risk. i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than ten (10) calendar days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the proposal. Proposers are cautioned to verify their proposals before submission, as amendments to or withdrawal of proposals submitted after time specified for opening of proposals may not be considered. The City will not be responsible for any proposer errors or omissions. i.12 FORM AND CONTENT OF PROPOSALS. Unless otherwise instructed or allowed, proposals shall be submitted on the forms provided. An original and the designated number of copies of each proposal are required. Proposals, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the proposal is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may INSTRUCTIONS State Lobbying Services 4 RFP #46-20 require that an electronic copy of the proposal be submitted. The proposal must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the proposal. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered upon showing the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the proposer. The City reserves the right to reject proposals that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the proposal received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the proposer shall include a letter with its proposal identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A proposal from a proposer who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.16 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon another event; to reject individual proposals for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any proposal. The City may seek clarification of the proposal from proposer at any time, and failure to respond is cause for rejection. Submission of a proposal confers on proposer no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a proposer may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.18 COPYING OF PROPOSALS. Proposer hereby grants the City permission to copy all parts of its proposal, including without limitation any documents and/or materials copyrighted by the proposer. The City’s right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the INSTRUCTIONS State Lobbying Services 5 RFP #46-20 Procurement process, including Respondents and Contractors. To achieve this purpose, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or prospective proposers and affiliates. The City may request product samples from vendors for product evaluation. i.21 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures Section 18 (“Purchasing Policy”). If there exists any discrepancy in this Section i.21 and the Purchasing Policy, the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Procurement Manager no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within the earlier of ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater - Procurement Division 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION State Lobbying Services 6 RFP #46-20 i.22 EVALUATION PROCESS. Proposals will be reviewed by a screening committee comprised of City employees. The City staff may or may not initiate discussions with proposers for clarification purposes. Clarification is not an opportunity to change the proposal. Proposers shall not initiate discussions with any City employee or official. i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, the technical proposal/price. All proposals must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the proposal complies with the instructions for submitting proposals including completeness of proposal which encompasses the inclusion of all required attachments and submissions. The City must reject any proposals that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the proposer is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced proposals, past performance, references (including those found outside the proposal), compliance with applicable laws, proposer's record of performance and integrity- e.g. has the proposer been delinquent or unfaithful to any contract with the City, whether the proposer is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A proposer must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review proposer’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Proposal. The City will determine how well proposals meet its requirements in terms of the response to the specifications and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. d) If less than three (3) responsive proposals are received, at the City’s sole discretion, the proposals may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and responsibility requirements. For this RFP, the criteria that will be evaluated and their relative weights are: Evaluation Criteria (proposal format page 21) Points Demonstrated Experience Providing Lobbying Services with Local Governments and/or Organizations; References (Tab 2) 40 Qualifications – Educations and Training of Lobbyist(s) (Tab 3) 35 Cost for Services (Tab 4) 25 i.24 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest scored proposals based on evaluation against the evaluation criteria. Short-listed proposers may be invited to give presentations and/or interviews. Upon conclusion of any presentations/interviews, the City will finalize the ranking of shortlisted firms. i.25 PRESENTATIONS/INTERVIEWS. Presentations and/or interviews may be requested at the City’s discretion. The proposer must provide a formal presentation/interview on-site at a City location upon request. i.26 BEST & FINAL OFFERS. The City may request best & final offers if deemed necessary, and will determine the scope and subject of any best & final request. However, the proposer should not INSTRUCTIONS – EVALUATION State Lobbying Services 7 RFP #46-20 expect that the City will ask for best & finals and should submit their best offer based on the terms and conditions set forth in this solicitation. i.27 COST JUSTIFICATION. In the event only one response is received, the City may require that the proposer submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the proposal price is fair and reasonable. i.28 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Proposer must be prepared for the City to accept the proposal as submitted. If proposer fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject proposal or revoke the award, and may begin negotiations with another proposer. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.29 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the proposer’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant RFP information and notices. i.30 RFP TIMELINE. Dates are tentative and subject to change. Release RFP: June 29, 2020 Advertise Tampa Bay Times: July 1, 2020 Responses due: July 27, 2020 Review proposals: July 27, 2020 – August 11, 2020 Presentations (if requested): Week of August 17, 2020 Award recommendation: August 21, 2020 Council authorization: September 17, 2020 Contract begins: October 2020 TERMS AND CONDITIONS State Lobbying Services 8 RFP #46-20 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified TERMS AND CONDITIONS State Lobbying Services 9 RFP #46-20 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. b. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. TERMS AND CONDITIONS State Lobbying Services 10 RFP #46-20 S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this RFP, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this RFP are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. TERMS AND CONDITIONS State Lobbying Services 11 RFP #46-20 d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current TERMS AND CONDITIONS State Lobbying Services 12 RFP #46-20 background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) Conducts business in an unethical manner or in an illegal manner; or (iv) Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Section 27 of the City’s Purchasing and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. TERMS AND CONDITIONS State Lobbying Services 13 RFP #46-20 c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 CONFLICT OF INTEREST F.S. Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or TERMS AND CONDITIONS State Lobbying Services 14 RFP #46-20 services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without TERMS AND CONDITIONS State Lobbying Services 15 RFP #46-20 limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Division and/or an authorized representative from the using department. All questions regarding the contract will be referred to the Procurement Division for resolution. Supplements may be written to the contract for the addition or deletion of services. S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may TERMS AND CONDITIONS State Lobbying Services 16 RFP #46-20 be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS SPECIFICATIONS State Lobbying Services 17 RFP #46-20 1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region. It is the third largest city in the region with an estimated population of 116,585 residents. The City of Clearwater is also a major tourist destination – Clearwater Beach has been rated #1 U.S. Beach by TripAdvisor, “Florida’s Best Beach Town 2013” by USA Today, and was on the “Top Ten List of Best Beaches from Maine to Hawaii”. The City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball, as well as hosting several sports tournaments through the year that attract visitors from across the country. Clearwater is home for Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story made it all the way to Hollywood in the motion pictures “Dolphin Tale” and “Dolphin Tale 2”, both filmed here in Clearwater. The City has a Council-Manager form of government with a five-member City Council whose members are elected at large. The Council members’ terms of office are staggered. The City Manager is appointed by the City Council to implement and manage Council policy. 2. RFP OBJECTIVE. The City of Clearwater (City) seeks an experienced, well qualified person, firm, or entity (Respondent) to represent the City before the Legislature and the Executive branches of the Florida state government. 3. SCOPE OF SERVICES. The successful Respondent will perform the following services: a. The Respondent shall maintain an office in the Tallahassee, Florida area; maintaining a presence on behalf of the City of Clearwater. b. The qualified Respondent shall be able to provide timely information, assessments, and reports regarding state legislatve, budgetary, and regulatory issues affecting the City of Clearwater. The information provided shall include regular updates on issues of specific interest to Clearwater. c. The qualified Respondent shall be able to effectively communicate City Council policy positions to the Legislature, the Administration, and state agencies. This will include scheduling meetings for the Mayor, members of the City Council, City Manager, or City legislative staff with members of the State Senate, House, the Administration, and with state agency representatives to discuss the City’s concerns. The Respondent will provide advice and counsel on the timing, necessity and subject matter, including the key points needing to be discussed at any of these meetings. Additionally, the Respondent will advise the City on the necessity to write letters of support or opposition on pending legislation or state policy issues. d. The qualified Respondent shall be able to provide timely information and advice on state funding opportunities to support City programs and services and facilitate state consideration of City applications. The City throughout the year submits grant applications to seek funding for programs that complement the goals and objectives of the City Council. The Respondent should be prepared to support these efforts by advising the City of available opportunities. The Respondent may be asked to spearhead efforts to seek grant opportunities made available by state agencies that have applicability to City of Clearwater priorities. e. The qualified Respondent shall be able to work in conjunction with the Florida League of Cities in support or opposition of budget appropriations, legislation, and agency rules or regulations affecting cities. f. The qualified Respondent shall be able to review and provide advice on development of the City of Clearwater’s State Legislative Program. g. The qualified Respondent shall be able to travel to Clearwater to report on activities engaged in while representing the City on an as needed basis. h. The qualified Respondent shall provide written status reports on the State Legislative Agenda on a weekly basis during Legislative Session. 4. MINIMUM QUALIFICATIONS. a. Respondent must demonstrate experience and expertise in the state legislative process or be able to demonstrate equivalent experience. b. Respondent must demonstrate the ability to represent local government clients to the Legislature or be able to demonstrate equivalent experience. DETAILED SPECIFICATIONS State Lobbying Services 18 RFP #46-20 c. Respondent must demonstrate ongoing relationships with members of the Florida Legislature by including in their list of references, members and a contact person in each of the offices who can discuss the Respondent’s work. d. Respondent must demonstrate ongoing relationships with key members and Legislative Committee staff, Executive Branch agency staff, and describe how these relationships may be of assistance to the City. e. Respondent must demonstrate familiarity with State agencies and a record of a successful working relationship with these agencies. 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. 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 $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. DETAILED SPECIFICATIONS State Lobbying Services 19 RFP #46-20 Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and the Commercial Automobile Liability Insurance. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, RFP #46-20 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 State Lobbying Services 20 RFP #46-20 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. October 2020 through September 2024. If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. PRICES. All pricing shall be firm for the contract term except where otherwise provided by the specifications and include all transportation and insurance costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this proposal. RESPONSE ELEMENTS State Lobbying Services 21 RFP #46-20 1. PROPOSAL SUBMISSION. It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For responses mailed and/or hand-delivered, firm must submit one (1) signed original (identified as ORIGINAL) response, five (5) copies of the response and one (1) copy in an electronic format, on a disc or thumb drive, in a sealed container using the label provided at the end of this solicitation. NOTE: If submitting proposals electronically, hard copies are not required. 2. PROPOSAL FORMAT (the following should be included and referenced with index tabs) NOTE: Every proposal received by the City will be considered a public record pursuant to Chapter 119, Florida Statutes. Any response marked confidential may be deemed non- responsive to this RFP. Table of Contents: Identify contents by tab and page number TAB 1 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the following information: 1. The proposer’s understanding of the work to be performed. 2. A positive commitment to perform the service within the time period specified. 3. The names of key persons, representatives, project managers who will be the main contacts for the City regarding this project. TAB 2 – Demonstrated Experience Providing Lobbying Services with Local Governments and/or Organizations; References 1. A statement of qualifications, abilities, experience and expertise in providing the requested services. a. A description of what qualifies your company, financial and otherwise, to provide the City with these services for the required period of time, provide appropriate staffing, provide necessary resources and show a history of demonstrated competence. b. An assessment of the proposer’s abilities to meet and satisfy the needs of the City, taking into consideration the requested services, additional services and/or expertise offered that exceed the requirements, or the vendor’s inability to meet some of the requirements of the specifications. 2. References a. Provide a minimum of three (3) references, preferably from other public entities in the state of Florida, for whom you have provided similar services. Include the name of entity, contact person’s name, phone number, e-mail address, mailing address, type of service provided, dates the services were provided. b. Provide details regarding Florida Legislature relationships, including members and a contact person in each of the offices who can discuss the Respondent’s work. TAB 3 – Qualifications – Education and Training of Lobbyist(s) Identification of personnel to be assigned to the City; resumes, including relevant experience may be included. TAB 4 – Cost for Services The cost portion of the proposal shall include a complete listing of hourly fees, rates, etc., applicable to requested services. All direct and indirect costs should be included. TAB 5 - Other Forms. The following forms should be completed and signed: 1. Exceptions/Additional Materials/Addenda form 2. Vendor Information form 3. Vendor Certification of Proposal form 4. Scrutinized Companies form(s) as required 5. W-9 Form. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA State Lobbying Services 22 RFP #46-20 Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Proposal non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this proposal Additional Materials attached (describe--attach additional pages if needed) Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Vendor Name Date: VENDOR INFORMATION State Lobbying Services 23 RFP #46-20 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this proposal: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: VENDOR CERTIFICATION OF PROPOSAL State Lobbying Services 24 RFP #46-20 By signing and submitting this Proposal, the Vendor certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: SCRUTINIZED COMPANIES FORMS State Lobbying Services 25 RFP #46-20 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _____________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. __________________________________________ Notary Public __________________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE SCRUTINIZED COMPANIES FORMS State Lobbying Services 26 RFP #46-20 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 MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER State Lobbying Services 27 RFP #46-20 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #46-20, State Lobbying Services Due Date: July 27, 2020, at 10:00 A.M. City of Clearwater Attn: Procurement Division PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #46-20, State Lobbying Services Due Date: July 27, 2020, at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note - Any material exceptions taken to the Gity's Terms and Conditions may render a Proposal non-responsive. x No exceptions Exceptions taken (describe-attach additional pages if needed) Additional Materials submitted (mark one): X No additional materials have been included with this proposal Additional Materials attached (describe-attach additional pages if needed) Acknowledqement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor's responsibility to confirm if any addenda have been issued. Addenda Number lnitial to acknowledqe receipt VendOf 16pU Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, P.A. State Lobbying Services 22 Date: July 24,2020 RFP #46-20 VENDOR INFORMATION Company Legal/Corp orate Name: Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, P.A. Doing Business As (if different than above)Dean, Mead & Dunbar Address: 420 S. Orange Avenue, Suite 700 City Orlando phone: 407-841-120Q E_Mail Address: echarles@deanmead.com DUNS g 063554836 Remit to Address (if different than above): Address: P.O. Box 2346 Phone: 407-428-5129 Dav{o-Dav Proiect Contact (if awarded): Name: Peter M. Dunbar City: Orlando State: FL Zip: 32803-23a6 City Contact for Questions about this proposal: Name: Erin Charles Zip 32801 7sy' 407-423-1831 website: www.deanmead.com Order from Address (if different from above): Address: State:_Zip:_ p^*. 407-423-1831 E-Mail Address: echarles@deanmead.com p6x; 850-577-0095 State: FL Phone: 850-999-4100 E-MailAddress:pdunbar@deanmead.com Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: State Lobbying Services 23 RFP #46-20 VENDOR CERTIFICATION OF PROPOSAL By signing and submitting this Proposal, the Vendor certifies that:a) lt is under no legal prohibition to contract with the City of Clearuvater.b) lt 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) lt has no known, undisclosed conflicts of interest.d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices.e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract.f) lt understands the Clty of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent's offer, or in response to a public records request under Florida's public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. S) Respondent hereby warrants to the City that the respondent and each of its subcontractors ("Subcontractors") will comply with, and are contractually obligated to comply with, all Federal lmmigration laws and regulations that relate to their employees.h) Respondent certifies that they are not in violation of section 6fi) of the Federal Export Administration Act and not debarred by any Federal or public agency.i) lt will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City.j) lt is current in all obligations due to the City.k) lt will accept such terms and conditions in a resulting contract if awarded by the City.l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Signature l\srns' Dea rton,ano & Bozarth, P.A. Printed Name: Marc D an 1i11". President ps1s. July 24,2020 State Lobbying Services 24 RFP #46-20 Form W-9 (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification a Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS.Print or type. See Specific Instructions on page 3.1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. Individual/sole proprietor or single-member LLC C Corporation S Corporation Partnership Trust/estate Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) a Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. Other (see instructions) a 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) (Applies to accounts maintained outside the U.S.) 5 Address (number, street, and apt. or suite no.) See instructions. 6 City, state, and ZIP code Requester’s name and address (optional) 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number –– or Employer identification number – Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person a Date a General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, PA ✔ 420 S. Orange Ave., Suite 700 Orlando, FL 32801 59 2049716 DEANMEA-01 CERTIFICATE OF LIABILITY INSURANCE DSMITH2 DATE (MM/DO/YYYY) 5/12/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer riahts to the certificate holder In lieu of such endorsement(s). PRODUCER Hub International Florida 1560 Orange Avenue Suite 750 Winter Park, FL 32789 CONTACT NAME: wc.'no. Ext): (407) 894-5431 no):(407) 629-6378 Certiflcates.FLA@Hublnternatlonal.com INSURER(S) AFFORDING COVERAGE NAICff INSURER A ;Chubb indomnltv Insurance Comoanv 12777 INSURED Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, P.A. 420 S. Orange Ave., #700 Orlando, FL 32801 INSURERS;Great Northern Insurance Comoanv 20303 INSURER c: Federal Insurance Comoanv 20281 INSURER D : INSURER E: INSURER F; THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POUCY EPF rMM/DD/YYYYl POLICY EXP IMMfDD/YYYYI LIMITS A X COMMERCIAL GEINERAL UABIUTY )E 1 X 1 OCCUR X 36024692 5/1/2020 5/1/2021 EACH OCCURRENCE j 1,000,000 CLAIMS-MAC DAMAGE TO RENTED PREMISES fEa occurrence)s 1,000,000 MED EXP (Anv one person)j 15,000 PERSONAL & ADV INJURY 3 1,000,000 GEN-L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE 3 2,000,000 poucY[y^[aJ"-oc OTHER: PRODUCTS - COMP/OP AGG 3 2,000,000 s B AUTOMOBILE UABIUTY 73588433 5/1/2020 5/1/2021 COMBINED SINGLE LIMIT fEa accident) 3 1,000,000 ANY AUTO BODILY INJURY (Per person)s OWNED AUTOS ONLY aU^ ONLY sc Al HEDULED TOS BODILY INJURY (Per accident)s X X PROPERTY DAMAGE(Per academy s s C X UMBRELLA LIAB EXCESS UAB X OCCUR CLAIMS-MADE 79893030 5/1/2020 5/1/2021 EACH OCCURRENCE 3 10,000,000 AGGREGATE 3 10,000,000 DEO RETENTIONS 0 Over GL,AL,EL s C WORKERS COMPENSATIONAND EMPLOYERS* UABILITY y ^ ^ ANY PROPRIETOR/PARTNER/EXECUTIVE rTTi If yes. describe under DESCRIPTION OF OPERATIONS below N/A 71754460 5/1/2020 5/1/2021 y PER OTH-^ STATUTE ER E.L. EACH ACCIDENT 3 1,000,000 E.L. DISEASE - EA EMPLOYEE 3 1,000,000 E.L. DISEASE - POUCY LIMIT 3 1,000,000 c Crime 82520054 5/1/2020 5/1/2021 $5,000 Ded. /1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101. Additional Remarks Schedule, may bo attached If more space Is required)City of Clearwater is included as an Additional Insured for General Liability, when required in a written contract or agreement with the Insured. city of Clearwater Attn: Purchasing Department, RFP #34-17 PO Box 4748 Clearwater, FL 33758 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD /XCORD' DEANMEA-01 CERTIFICATE OF LIABILITY INSURANCE DSMITH2 DATE (MM/DD/YYYY) 7/31/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rlqhts to the certificate holder In lieu of such endorsement(s). PRODUCER Hub International Florida 1580 Orange Avenue, Suite 750 Winter Park, FL 32789 cgjN}TACT Kristina Bailey phone f/w (A/C, No, E*t): (A/C. No): Krlstlna.Balley@hublnternational.com INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Endurance American Specialty Insurance Company 41718 INSURED Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, P.A. 420 S. Orange Ave., #700 Orlando, FL 32801 INSURERS:Continental Casualty Company 20443 INSURER c: Landmark American Insurance Company 33138 INSURER D : INSURER E : INSURER F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EPF (MM/DD/YYYYl POLICY EXP IMM/DD/YYYYI UMITS A COMMERCIAL GEENERAL LIABILITY )E 1 1 OCCUR Policy LPL10011581602 8/3/2019 8/3/2020 EACH OCCURRENCE 3 5,000,000 X CUIMS-MAE DAMAGE TO RENTED PREMISES lEa occurrence!s X Primary E&C MED EXP (Anv one person!s PERSONAL &ADV INJURY s GEN-L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE 3 5,000,000 X POLICY 1 1 1 1 LOC OTHER: Professlonal E&O PRODUCTS - COMP/OP AGG s X Retention 3 250,000 AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT lEa accident!s ANY AUTO HEDULED TOS mm BODILY INJURY IPer person!s OWNED AUTOS ONLY ONLY sc AI BODILY INJURY (Peracodent)s PROPERTY DAMAGE (Per accident!s s UMBRELLA LIAB EXCESS UAB OCCUR CLAIMS-MADE EACH OCCURRENCE s AGGREGATE s DED RETENTIONS s WORKERS COMPENSATIONAND EMPLOYERS' UABIUTY ^ ^ ANY PROPRIETOR/PARTNER/EXECUTIVE [ 1 1—I If yes, describe under DESCRIPTION OF OPERATIONS below N/A PER OTH- STATUTE ER E.L EACH ACCIDENT s E.L. DISEASE - EA EMPLOYEE s E.L. DISEASE - POLICY LIMIT s B C Prof-$5Mxsof$10M Prof-$5M xs of $15M 425186803 LHZ777353 8/3/2019 8/3/2019 8/3/2020 8/3/2020 Per claim & agg>each Per claim & agg>each 5,000,000 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Self- Insured Rententlons: Each Claim - $250,000 / Aggregate - $500,000 /Malntentance SIR - $50,000 CERTIFICATE HOLDER CANCELLATION City of Clearwater 100 S. Myrtel Avenue, #210 Clearwater, FL 33756 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9407-20 2nd rdg Agenda Date: 9/17/2020 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Office of Management & Budget Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9407-20 on second reading, declaring the millage rate to be levied for the Fiscal Year beginning October 1, 2020 and ending September 30, 2021, for operating purposes including the funding of pensions, debt service, and road maintenance for capital improvement expenditures at 5.9550 mills. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/17/2020 Ordinance No. 9407-20 MILLAGE ORDINANCE ORDINANCE NO. 9407-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, DECLARING THE MILLAGE RATE TO BE LEVIED FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2020, AND ENDING SEPTEMBER 30, 2021, FOR OPERATING PURPOSES INCLUDING THE FUNDING OF PENSIONS, DEBT SERVICE, AND ROAD MAINTENANCE FOR CAPITAL IMPROVEMENT EXPENDITURES AT 5.9550 MILLS; PROVIDING AN EFFECTIVE DATE. THE LEVY OF 5.9550 MILLS CONSTITUTES A 5.12% INCREASE FROM THE ROLLED BACK RATE OF 5.6649 MILLS. WHEREAS, the estimated revenue to be received by the City for the fiscal year beginning October 1, 2020, and ending September 30, 2021, from ad valorem taxes is $71,918,560; and WHEREAS, based upon the taxable value provided by the Pinellas County Property Appraiser, 5.9550 mills are necessary to generate $71,918,560; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. It is hereby determined that a tax of 5.9550 mills against the non-exempt real and personal property within the City is necessary to raise the sums to be appropriated for operation purposes, including pensions, debt service, and road capital improvement projects, for the fiscal year beginning October 1, 2020. Section 2. The levy of 5.9550 mills constitutes a 5.12% increase from the rolled back rate. Section 3. This ordinance shall take effect October 1, 2020. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ________________________________ Frank Hibbard Mayor Approved as to form: Attest: _____________________________ _________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk |1CITY OF CLEARWATER ANNUAL OPERATING & CAPITAL IMPROVEMENT BUDGET myclearwater.com Fiscal Year 2020/21 |2CITY OF CLEARWATER Total Budget (All City Operations) Amended FY 2019/20 Proposed FY 2020/21 % Inc/(Dec) $558,204,821 $539,205,084 (3%) |3CITY OF CLEARWATER All Funds Fund Amended FY 2019/20 Proposed FY 2020/21 Increase/ (Decrease) General Fund $ 155,622,768 $ 152,179,840 (2%) Utility Funds 199,246,385 189,956,110 (5%) Enterprise Funds 12,406,426 12,750,460 3% Internal Service Funds 65,301,247 64,391,260 (1%) Special Revenue Funds 29,238,941 19,383,564 (34%) Capital Fund 96,389,054 100,543,850 4% |4CITY OF CLEARWATER $0 $3 $6 $9 $12 $15 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 $7.9 $7.6 $7.7 $8.7 $10.2 $11.9 $12.7 Property Values Billion |5CITY OF CLEARWATER Millage Rate •A “mill” is the property tax levy of $1 per $1,000 of taxable property value •Current Millage Rate 5.9550 mills •Proposed Millage Rate 5.9550 mills •(5.12% greater than rolled-back rate) •The rolled-back rate is the millage rate that will provide the same revenues as prior year if applied to the current tax roll (after adjusting for new construction) •Rolled-back Rate 5.6649 mills |6CITY OF CLEARWATER $0 $10 $20 $30 $40 $50 $60 $70 $80 $39.1 $37.1 $40.6 $46.5 $63.8 $68.1 $71.9 Ad Valorem Tax Revenues Million |7CITY OF CLEARWATER General Fund Revenues Source Amended FY 19/20 Proposed FY 20/21 Inc/(Dec) Ad Valorem Tax $ 64,911,420 $ 68,492,140 6% Utility Taxes 15,575,000 15,230,000 (2%) Other Taxes 6,614,400 6,350,000 (4%) Franchise Fees 10,010,000 10,104,770 1% Intergovernmental 23,499,780 18,862,910 (20%) Charges for Service 15,569,430 15,780,380 1% Transfers In 11,428,599 11,052,684 (3%) All Other Revenue 8,711,482 6,306,956 (28%) Transfer (to)/from Surplus (697,343) TOTAL $ 155,622,768 $ 152,179,840 (2%) |8CITY OF CLEARWATER General Fund -By Department Police 31% Fire / EMS 20% Parks and Recreation 21%Library 5% Planning and Development 4% Engineering 5% Non- Departmental5% Adm/Other 9% Public Safety 51% $152.2 Million |9CITY OF CLEARWATER General Fund -By Category Personnel 65% Operating 15% Internal Service 12% Interfund Transfers 7% Debt and Capital 1% $152.2 Million |10CITY OF CLEARWATER 1,708.4 1,685.5 1,709.7 1,790.3 1,834.6 1,837.6 0.0 200.0 400.0 600.0 800.0 1,000.0 1,200.0 1,400.0 1,600.0 1,800.0 2,000.0 Full Time Equivalent Positions (All Funds) |11CITY OF CLEARWATER Capital Improvement Fund Utility Operations 54% General Government 36.5% Internal Service 7.5% Small Enterprise 2% $100.5 Million |12CITY OF CLEARWATER Homesteaded Property Save Our Homes Cap –2.3% 2019 2020 Increase Taxable Value $100,00 $102,300 $2,300 City Taxes $595.50 $609.20 $13.70 |13CITY OF CLEARWATER Where your property taxes go - 31% 31% 29% 9%School Board Pinellas County Clearwater Other Agencies |14CITY OF CLEARWATER Public Hearings Thursday, Sept. 3 –6 p.m. Thursday, Sept. 17 –6 p.m. |15CITY OF CLEARWATER ANNUAL OPERATING & CAPITAL IMPROVEMENT BUDGET myclearwater.com Fiscal Year 2020/21 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9408-20 2nd rdg Agenda Date: 9/17/2020 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Office of Management & Budget Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9408-20 on second reading, adopting an Operating Budget for the Fiscal Year beginning October 1, 2020 and ending September 30, 2021, authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the service programs so authorized; authorizing the City Manager to transfer monies and programs among the departments and activities within any fund as provided by Chapter 2 of the Clearwater Code of Ordinances. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/17/2020 Ordinance No. 9408-20 OPERATING BUDGET ORDINANCE ORDINANCE NO. 9408-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING AN OPERATING BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2020, AND ENDING SEPTEMBER 30, 2021; AUTHORIZING THE CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE SERVICE PROGRAMS SO AUTHORIZED; AUTHORIZING THE CITY MANAGER TO TRANSFER MONIES AND PROGRAMS AMONG THE DEPARTMENTS AND ACTIVITIES WITHIN ANY FUND AS PROVIDED BY CHAPTER 2 OF THE CLEARWATER CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has submitted an estimate of the expenditures necessary to carry on the City government for the fiscal year beginning October 1, 2020, and ending September 30, 2021; and WHEREAS, an estimate of the revenues to be received by the City during said period from ad valorem taxes and other sources has been submitted to the City Council; and WHEREAS, a general summary of the operating budget, and notice of the times and places where copies of the budget message and operating budget are available for inspection by the public, was published in a newspaper of general circulation; and WHEREAS, the City Council has examined and carefully considered the proposed budget; and WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City Council conducted a public hearing in City Hall on September 3, 2020, upon said budget and tax levy; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Pursuant to the City Manager's Annual Budget Report for the fiscal year beginning October 1, 2020, and ending September 30, 2021, a copy of which is on file with the City Clerk, the City Council hereby adopts a budget for the operation of the City, a copy of which is attached as Exhibit A, and a summary of which is attached as Exhibit B. Section 2. The budget as adopted shall stand and be the budget of the City for said fiscal year, subject to the authority of the City Council to amend or change the budget as provided by Section 2.519 of the Clearwater Code of Ordinances. Section 3. The City Manager is authorized and directed to issue such instructions and directives that are necessary to achieve and accomplish the service programs authorized by the adoption of this budget. Ordinance No. 9408-20 Section 4. The City Manager is authorized for reasons of economy or efficiency to transfer part or all of any unencumbered appropriation balance among programs within an operating fund, provided such action does not result in the discontinuance of a program. Section 5. It is the intent of the City Council that this budget, including amendments thereto, is adopted to permit the legal appropriation and encumbering of funds for the purposes set forth in the budget. All appropriated and encumbered but unexpended funds at the end of the fiscal year may be expended during the subsequent fiscal year for the purposes for which they were appropriated and encumbered, and such expenditures shall be deemed to have been spent out of the current budget allocation. It shall not be necessary to reappropriate additional funds in the budget for the subsequent fiscal year to cover valid open encumbrances outstanding as of the end of the current fiscal year. Section 6. Should any provision of this ordinance be declared by any court to be invalid, the same shall not affect the validity of the ordinance as a whole, or any provision thereof, other than the provision declared to be invalid. Section 7. This ordinance shall take effect October 1, 2020. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ______________________________ ________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Page 1 Special Special Other Housing Total General Development Program Assistance Trust Governmental GOVERNMENTAL FUNDS Fund Fund Fund Funds Funds Balances Brought Forward 25,123,713 11,665,573 8,693,718 3,256,144 48,739,148 Budgeted Revenues Ad Valorem Taxes 68,492,140 3,426,420 71,918,560 Utility Taxes 15,230,000 15,230,000 Local Option, Fuel & Other Taxes 6,350,000 13,271,980 19,621,980 Franchise Fees 10,104,770 10,104,770 Other Permits and Fees 2,309,000 2,309,000 Intergovernmental Revenue 18,862,910 837,360 431,440 20,131,710 Charges for Services 15,780,380 150,000 15,930,380 Judgments, Fines and Forfeits 1,354,000 1,354,000 Miscellaneous Revenues 2,643,956 550,000 100,000 3,293,956 Transfers In 11,052,684 722,904 11,775,588 Other Financing Sources TOTAL BUDGETED REVENUES 152,179,840 17,398,400 1,660,264 431,440 171,669,944 TOTAL REVENUES, TRANSFERS, AND BALANCES 177,303,553 29,063,973 10,353,982 3,687,584 220,409,092 Budgeted Expenditures City Council 395,821 395,821 City Manager's Office 1,275,890 1,275,890 City Attorney's Office 1,809,585 1,809,585 City Audit 226,432 226,432 CRA Administration 468,480 468,480 Economic Development and Housing 1,828,948 1,828,948 Engineering 8,230,947 8,230,947 Finance 2,637,681 2,637,681 Fire 30,293,051 30,293,051 Human Resources 1,562,078 1,562,078 Library 8,000,965 8,000,965 Non-Departmental 7,784,508 7,784,508 Official Records and Legislative Services 1,215,681 1,215,681 Parks and Recreation 31,136,988 31,136,988 Planning and Development 6,458,802 6,458,802 Police 47,259,323 300,794 47,560,117 Public Communications 1,196,190 1,196,190 Public Utilities 398,470 398,470 General Government Services 337,380 337,380 Economic Environment 686,120 323,580 1,009,700 Human Services 1,500 1,500 Culture and Recreation 70,000 70,000 Transfers Out 17,361,860 194,470 107,860 17,664,190 TOTAL BUDGETED EXPENDITURES 152,179,840 17,361,860 1,590,264 431,440 171,563,404 Fund Balances/Reserves/Net Assets 25,123,713 11,702,113 8,763,718 3,256,144 48,845,688 TOTAL EXPENDITURES AND BALANCES 177,303,553 29,063,973 10,353,982 3,687,584 220,409,092 EXHIBIT A CITY OF CLEARWATER 2020-21 BUDGET Ordinance No. 9408-20 Page 2 Water Stormwater Solid Waste Total & Sewer Utility & Recycling Gas Utility UTILITY FUNDS Fund Fund Fund Fund Funds Balances Brought Forward 57,968,487 29,954,457 18,494,583 10,264,058 116,681,585 Budgeted Revenues Ad Valorem Taxes Utility Taxes Local Option, Fuel & Other Taxes Franchise Fees Other Permits and Fees 1,350 1,350 Intergovernmental Revenue Charges for Services 93,969,645 16,910,500 26,090,000 47,003,340 183,973,485 Judgments, Fines and Forfeits 271,000 73,000 103,000 153,100 600,100 Miscellaneous Revenues 1,835,000 916,390 936,000 631,700 4,319,090 Transfers In Other Financing Sources TOTAL BUDGETED REVENUES 96,075,645 17,899,890 27,130,350 47,788,140 188,894,025 TOTAL REVENUES, TRANSFERS, AND BALANCES 154,044,132 47,854,347 45,624,933 58,052,198 305,575,610 Budgeted Expenditures Water & Sewer Fund Public Utilities Administration 1,703,374 1,703,374 Wastewater Collection 13,506,904 13,506,904 Public Utilities Maintenance 9,060,046 9,060,046 WPC Plant Operations 33,737,721 33,737,721 WPC Laboratory Operations 1,594,863 1,594,863 WPC Industrial Pretreatment 1,042,918 1,042,918 Water Distribution 18,805,229 18,805,229 Water Supply 18,336,027 18,336,027 Reclaimed Water 4,502,398 4,502,398 Stormwater Fund Stormwater Management 10,647,663 10,647,663 Stormwater Maintenance 6,058,657 6,058,657 Solid Waste & Recycling Fund Administration 1,036,817 1,036,817 Solid Waste Collection 17,853,129 17,853,129 Solid Waste Transfer 2,354,091 2,354,091 Solid Waste Container Maintenance 944,923 944,923 Recycling Residential 1,401,597 1,401,597 Recycling Multi Family 460,267 460,267 Recycling Commercial 1,652,106 1,652,106 Gas Fund Administration and Supply 21,830,658 21,830,658 Pinellas Gas Operations 9,775,059 9,775,059 Pasco Gas Operations 6,709,495 6,709,495 Gas Marketing and Sales 6,942,168 6,942,168 TOTAL BUDGETED EXPENDITURES 102,289,480 16,706,320 25,702,930 45,257,380 189,956,110 Fund Balances/Reserves/Net Assets 51,754,652 31,148,027 19,922,003 12,794,818 115,619,500 TOTAL EXPENDITURES AND BALANCES 154,044,132 47,854,347 45,624,933 58,052,198 305,575,610 EXHIBIT A CITY OF CLEARWATER 2020-21 BUDGET Ordinance No. 9408-20 Page 3 Clearwater Total Harbor Other Airpark Marine Marine Parking Enterprise OTHER ENTERPRISE FUNDS Fund Fund Fund Fund Funds Balances Brought Forward 897,409 1,841,232 1,864,589 16,352,838 20,956,068 Budgeted Revenues Ad Valorem Taxes Utility Taxes Local Option, Fuel & Other Taxes Franchise Fees Other Permits and Fees Intergovernmental Revenue Charges for Services 18,500 5,133,210 872,870 6,230,560 12,255,140 Judgments, Fines and Forfeits 6,000 1,600 800,000 807,600 Miscellaneous Revenues 329,360 138,000 47,500 300,000 814,860 Transfers In Other Financing Sources TOTAL BUDGETED REVENUES 347,860 5,277,210 921,970 7,330,560 13,877,600 TOTAL REVENUES, TRANSFERS, AND BALANCES 1,245,269 7,118,442 2,786,559 23,683,398 34,833,668 Budgeted Expenditures Airpark Fund Airpark Operations 340,770 340,770 Marine Fund Marina Operations 5,119,120 5,119,120 Clearwater Harbor Marine Fund Clearwater Harbor Marina Operations 854,430 854,430 Parking Fund Parking System 4,552,380 4,552,380 Parking Enforcement 800,000 800,000 Beach Guard Operations 950,920 950,920 Seminole Street Boat Ramp 132,840 132,840 TOTAL BUDGETED EXPENDITURES 340,770 5,119,120 854,430 6,436,140 12,750,460 Fund Balances/Reserves/Net Assets 904,499 1,999,322 1,932,129 17,247,258 22,083,208 TOTAL EXPENDITURES AND BALANCES 1,245,269 7,118,442 2,786,559 23,683,398 34,833,668 EXHIBIT A CITY OF CLEARWATER 2020-21 BUDGET Ordinance No. 9408-20 Page 4 Administrative General Central Service Service Garage Insurance INTERNAL SERVICE FUNDS Fund Fund Fund Fund Total Balances Brought Forward 5,767,651 6,557,103 5,716,881 27,249,418 45,291,053 Budgeted Revenues Ad Valorem Taxes Utility Taxes Local Option, Fuel & Other Taxes Franchise Fees Other Permits and Fees Intergovernmental Revenue Charges for Services 13,125,520 6,009,230 17,494,420 23,271,960 59,901,130 Judgments, Fines and Forfeits Miscellaneous Revenues 180,000 185,000 1,030,000 900,000 2,295,000 Transfers In Other Financing Sources TOTAL BUDGETED REVENUES 13,305,520 6,194,230 18,524,420 24,171,960 62,196,130 TOTAL REVENUES, TRANSFERS, AND BALANCES 19,073,171 12,751,333 24,241,301 51,421,378 107,487,183 Budgeted Expenditures Administrative Services Fund Information Technology/Administration 408,735 408,735 Network Services 4,703,533 4,703,533 Software Applications 3,272,530 3,272,530 Telecommunications 862,372 862,372 Courier 191,630 191,630 Utility Customer Service 3,815,660 3,815,660 General Services Fund Administration 443,624 443,624 Building and Maintenance 5,718,756 5,718,756 Garage Fund Fleet Maintenance 17,760,211 17,760,211 Radio Communications 1,155,979 1,155,979 Central Insurance Fund Risk Management 426,880 426,880 Employee Benefits 426,370 426,370 Employee Health Center 1,702,340 1,702,340 Non-Departmental 23,502,640 23,502,640 TOTAL BUDGETED EXPENDITURES 13,254,460 6,162,380 18,916,190 26,058,230 64,391,260 Fund Balances/Reserves/Net Assets 5,818,711 6,588,953 5,325,111 25,363,148 43,095,923 TOTAL EXPENDITURES AND BALANCES 19,073,171 12,751,333 24,241,301 51,421,378 107,487,183 EXHIBIT A CITY OF CLEARWATER 2020-21 BUDGET Ordinance No. 9408-20 Page 1 Total Total Total Total Other Internal Total Governmental Utility Enterprise Service All ALL FUNDS Funds Funds Funds Funds Funds Balances Brought Forward 48,739,148 116,681,585 20,956,068 45,291,053 231,667,854 Budgeted Revenues Ad Valorem Taxes 71,918,560 71,918,560 Utility Taxes 15,230,000 15,230,000 Local Option, Fuel & Other Taxes 19,621,980 19,621,980 Franchise Fees 10,104,770 10,104,770 Other Permits and Fees 2,309,000 1,350 2,310,350 Intergovernmental Revenue 20,131,710 20,131,710 Charges for Services 15,930,380 183,973,485 12,255,140 59,901,130 272,060,135 Judgments, Fines and Forfeits 1,354,000 600,100 807,600 2,761,700 Miscellaneous Revenues 3,293,956 4,319,090 814,860 2,295,000 10,722,906 Transfers In 11,775,588 11,775,588 Other Financing Sources TOTAL BUDGETED REVENUES 171,669,944 188,894,025 13,877,600 62,196,130 436,637,699 TOTAL REVENUES, TRANSFERS, AND BALANCES 220,409,092 305,575,610 34,833,668 107,487,183 668,305,553 Budgeted Expenditures City Council 395,821 395,821 City Manager's Office 1,275,890 1,275,890 City Attorney's Office 1,809,585 1,809,585 City Audit 226,432 226,432 CRA Administration 468,480 468,480 Economic Development and Housing 1,828,948 1,828,948 Engineering 8,230,947 8,230,947 Finance 2,637,681 2,637,681 Fire 30,293,051 30,293,051 Human Resources 1,562,078 1,562,078 Library 8,000,965 8,000,965 Non-Departmental 7,784,508 7,784,508 Official Records and Legislative Services 1,215,681 1,215,681 Parks and Recreation 31,136,988 31,136,988 Planning and Development 6,458,802 6,458,802 Police 47,560,117 47,560,117 Public Communications 1,196,190 1,196,190 Public Services 398,470 398,470 General Government Services 337,380 337,380 Economic Environment 1,009,700 1,009,700 Human Services 1,500 1,500 Culture and Recreation 70,000 70,000 Transfers Out 17,664,190 17,664,190 Water & Sewer Fund Expenditures Public Utilities Administration 1,703,374 1,703,374 Wastewater Collection 13,506,904 13,506,904 Public Utilities Maintenance 9,060,046 9,060,046 WPC Plant Operations 33,737,721 33,737,721 WPC Laboratory Operations 1,594,863 1,594,863 WPC Industrial Pretreatment 1,042,918 1,042,918 Water Distribution 18,805,229 18,805,229 Water Supply 18,336,027 18,336,027 Reclaimed Water 4,502,398 4,502,398 Stormwater Fund Stormwater Management 10,647,663 10,647,663 Stormwater Maintenance 6,058,657 6,058,657 EXHIBIT B CITY OF CLEARWATER 2020-21 BUDGET Ordinance No. 9408-20 Page 2 Total Total Total Total Other Internal Total Governmental Utility Enterprise Service All ALL FUNDS Funds Funds Funds Funds Funds Budgeted Expenditures Solid Waste & Recycling Fund Administration 1,036,817 1,036,817 Solid Waste Collection 17,853,129 17,853,129 Solid Waste Transfer 2,354,091 2,354,091 Solid Waste Container Maintenance 944,923 944,923 Recycling Residential 1,401,597 1,401,597 Recycling Multi Family 460,267 460,267 Recycling Commercial 1,652,106 1,652,106 Gas Fund Administration and Supply 21,830,658 21,830,658 Pinellas Gas Operations 9,775,059 9,775,059 Pasco Gas Operations 6,709,495 6,709,495 Gas Marketing and Sales 6,942,168 6,942,168 Airpark Fund Airpark Operations 340,770 340,770 Marine Fund Marina Operations 5,119,120 5,119,120 Clearwater Harbor Marine Fund Clearwater Harbor Marina Operations 854,430 854,430 Parking Fund Parking System 4,552,380 4,552,380 Parking Enforcement 800,000 800,000 Beach Guard Operations 950,920 950,920 Seminole Street Boat Ramp 132,840 132,840 Administrative Services Fund Information Technology/Administration 408,735 408,735 Network Services 4,703,533 4,703,533 Software Applications 3,272,530 3,272,530 Telecommunications 862,372 862,372 Courier 191,630 191,630 Clearwater Customer Service 3,815,660 3,815,660 General Services Fund Administration 443,624 443,624 Building and Maintenance 5,718,756 5,718,756 Garage Fund Fleet Maintenance 17,760,211 17,760,211 Radio Communications 1,155,979 1,155,979 Central Insurance Fund Risk Management 426,880 426,880 Employee Benefits 426,370 426,370 Employee Health Center 1,702,340 1,702,340 Non-Departmental 23,502,640 23,502,640 TOTAL BUDGETED EXPENDITURES 171,563,404 189,956,110 12,750,460 64,391,260 438,661,234 Fund Balances/Reserves/Net Assets 48,845,688 115,619,500 22,083,208 43,095,923 229,644,319 TOTAL EXPENDITURES AND BALANCES 220,409,092 305,575,610 34,833,668 107,487,183 668,305,553 2020-21 BUDGET EXHIBIT B CITY OF CLEARWATER Ordinance No. 9408-20 Proposed Final FY 20/21 Adjustments FY 20/21 Unassigned Fund Balance 25,123,713 25,123,713 Budgeted Revenues: Ad Valorem Taxes 68,386,510 105,630 68,492,140 (1) Utility Taxes 15,230,000 15,230,000 Local Option, Fuel & Other Taxes 6,350,000 6,350,000 Franchise Fees 10,104,770 10,104,770 Other Permits and Fees 2,309,000 2,309,000 Intergovernmental Revenues 18,862,910 18,862,910 Charges for Services 15,780,380 15,780,380 Judgments, Fines & Forfeits 1,354,000 1,354,000 Miscellaneous Revenues 2,531,000 112,956 2,643,956 (2) Transfers In 11,165,640 (112,956) 11,052,684 (2) Total Budgeted Revenues 152,074,210 105,630 152,179,840 Transfer (to) from Surplus - Total Revenues 152,074,210 105,630 152,179,840 Budgeted Expenditures: City Council 395,821 395,821 City Manager's Office 1,275,890 1,275,890 City Attorney's Office 1,809,585 1,809,585 City Audit 226,432 226,432 CRA Administration 468,480 468,480 Economic Development & Housing 1,858,948 (30,000) 1,828,948 (3) Engineering 8,230,947 8,230,947 Finance 2,637,681 2,637,681 Fire 30,366,721 (73,670) 30,293,051 (3) Human Resources 1,562,078 1,562,078 Library 8,000,965 8,000,965 Non-Departmental 7,824,508 (40,000) 7,784,508 (3) Official Records & Legislative Services 1,215,681 1,215,681 Parks & Recreation 31,159,988 (23,000) 31,136,988 (3) Planning & Development 6,480,802 (22,000) 6,458,802 (3) Police 46,965,023 294,300 47,259,323 (4) Public Communications 1,196,190 1,196,190 Public Utilities - Maintenance Facility 398,470 398,470 Total Budgeted Expenditures 152,074,210 105,630 152,179,840 Source/(Use) of Fund Equity - - - Ending Fund Balance 25,123,713 - 25,123,713 (1) Additional ad valorem revenues. Preliminary values were increased in comparison to early estimates. (2) Updates made to account for revenues in the correct category. (2) Operating savings found in various departments to offset cost of Police Body Worn Camera Program. (3) Increases related to new Body Worn Camera Program approved by Council August 6, 2020. As amended for final budget ordinance for September 3, 2020 public hearing. General Fund Operating Budget 2020/21 Page 1 Proposed Final FY 20/21 Adjustments FY 20/21 Fund Equity (Unrestricted Net Assets)29,954,457 29,954,457 Budgeted Revenues: Charges for Service 17,168,880 (258,380) 16,910,500 (1) Judgments, Fines & Forfeits 73,000 73,000 Miscellaneous Revenues 916,390 916,390 Transfers In - - Total Budgeted Revenues 18,158,270 (258,380) 17,899,890 Fund Reserves - - - Total Revenues 18,158,270 (258,380) 17,899,890 Budgeted Expenditures: Eng/Stormwater Management 12,099,613 (1,451,950) 10,647,663 (2) PS/Stormwater Maintenance 6,058,657 6,058,657 Total Budgeted Expenditures 18,158,270 (1,451,950) 16,706,320 Source/(Use) of Fund Equity - - 1,193,570 Ending Fund Balance 29,954,457 - 31,148,027 Stormwater Fund Operating Budget 2020/21 As amended for final budget ordinance for September 3, 2020 public hearing. (1) Reduction to stormwater utility fee revenue to better align with rate study revenue estimates. (2) Reduction to transfers to capital projects to better align with rate study project funding. Page 2 Proposed Final FY 20/21 Adjustments FY 20/21 Fund Equity (Unrestricted Net Assets)27,249,418 27,249,418 Budgeted Revenues: Charges for Service 23,271,960 23,271,960 Miscellaneous Revenues 900,000 900,000 Transfers In - - Total Budgeted Revenues 24,171,960 - 24,171,960 Fund Reserves 1,858,810 27,460 1,886,270 (1) Total Revenues 26,030,770 27,460 26,058,230 Budgeted Expenditures: Risk Management 426,880 426,880 Employee Benefits 426,370 426,370 Employee Health Center 1,702,340 1,702,340 Non-Departmental 23,475,180 27,460 23,502,640 (2) Total Budgeted Expenditures 26,030,770 27,460 26,058,230 Source/(Use) of Fund Equity (1,858,810) - (1,886,270) Ending Fund Balance 25,390,608 - 25,363,148 (1) Increased use of reserves to cover increased expenses (2). (2) Increase in transfers to capital to fund the AED Replacement Program formerly in General Fund Fire Department. Central Insurance Fund Operating Budget 2020/21 As amended for final budget ordinance for September 3, 2020 public hearing. Page 3 Proposed Final Budgeted Revenues:FY 20/21 Adjustments FY 20/21 Ad Valorem Taxes 3,421,130 5,290 3,426,420 (1) Infrastructure Tax 11771980 11,771,980 Interest Earnings 550000 550,000 Multi-Modal Impact Fees 150000 150,000 Local Option Gas Tax 1500000 1,500,000 Allocation of Assigned Fund Balance 678020 678,020 Total Revenues 18,071,130 5,290 18,076,420 Budgeted Expenditures: Transfer to Capital Improvement Fund Road Millage 3,344,710 3,344,710 Infrastructure Tax 12,450,000 12,450,000 Multi-Modal Impact Fees 140,000 140,000 Local Option Gas Tax 1,427,150 1,427,150 Total Expenditures 17,361,860 - 17,361,860 Proposed Final Budgeted Revenues:FY 20/21 Adjustments FY 20/21 Intergovernmental: Community Development Block Grant (CDBG)837,360 837,360 Interest Earnings 100,000 100,000 Transfers from General Fund: Sister City Program 37,380 37,380 Planning Study Fund 300,000 300,000 United Way Campaign Fund 1,500 1,500 Special Events 70,000 70,000 Economic Development QTI 13,230 13,230 Police Recruitments 30,000 30,000 Police Body Worn Camera Program - 270,794 270,794 (2) Total Revenues 1,389,470 270,794 1,660,264 Budgeted Expenditures: General Government 337,380 337,380 Public Safety 30,000 270,794 300,794 (2) Economic Environment 686,120 686,120 Human Services 1,500 1,500 Culture and Recreation 70,000 70,000 Interfund Transfers 164,470 164,470 Transfer to Capital Fund 30,000 30,000 Total Expenditures 1,319,470 270,794 1,590,264 Special Revenue Funds Operating Budget 2020/21 As amended for final budget ordinance for September 3, 2020 public hearing. SPECIAL DEVELOPMENT FUND SPECIAL PROGRAM FUND Page 4 Special Revenue Funds Operating Budget 2020/21 As amended for final budget ordinance for September 3, 2020 public hearing. Proposed Final Budgeted Revenues:FY 20/21 Adjustments FY 20/21 HOME Investment Partnerships (HOME)431,440 431,440 State Housing Initiatives Partnership (SHIP)1,247,740 (1,247,740) 0 (3) Total Revenues 1,679,180 (1,247,740) 431,440 Budgeted Expenditures: Economic Environment 1,440,300 (1,116,720) 323,580 (3) Interfund Transfers 238,880 (131,020) 107,860 (3) Total Expenditures 1,679,180 (1,247,740) 431,440 (1) Additional ad valorem revenues. Preliminary values were increased in comparison to early estimates. (2) To account for the transfer of General Fund revenue to fund the new Police Body Worn Camera Program approved by the Council on August 6, 2020. (3) To eliminate SHIP revenues and associated expenses. The distribution of SHIP funds for fiscal year 2020/21 was vetoed statewide. OTHER HOUSING ASSISTANCE FUNDS Page 5 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9409-20 2nd rdg Agenda Date: 9/17/2020 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Office of Management & Budget Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 9409-20 on second reading, adopting the Capital Improvement Program Budget for the Fiscal Year beginning October 1, 2020 and ending September 30, 2021; approving the six-year Capital Improvement Program, which shall be reevaluated at the beginning of each Fiscal Year; authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the capital improvements so authorized; authorizing the City Manager to transfer money between programs in the Capital Improvement Program; and appropriating available and anticipated resources for the projects identified. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/17/2020 Ordinance No. 9409-20 CAPITAL IMPROVEMENT ORDINANCE ORDINANCE NO. 9409-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2020, AND ENDING SEPTEMBER 30, 2021; APPROVING THE SIX-YEAR CAPITAL IMPROVEMENT PROGRAM WHICH SHALL BE REEVALUATED AT THE BEGINNING OF EACH FISCAL YEAR; AUTHORIZING THE CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE CAPITAL IMPROVEMENTS SO AUTHORIZED; AUTHORIZING THE CITY MANAGER TO TRANSFER MONEY BETWEEN PROJECTS IN THE CAPITAL IMPROVEMENT PROGRAM; APPROPRIATING AVAILABLE AND ANTICIPATED RESOURCES FOR THE PROJECTS IDENTIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has submitted a proposed Six-Year Capital Improvement Program, and has submitted an estimate of the amount of money necessary to carry on said Capital Improvement Program for the fiscal year beginning October 1, 2020, and ending September 30, 2021; and WHEREAS, an estimate of the resources available and income to be received by the City during said period from ad valorem taxes and other sources has been submitted to the City Council; and WHEREAS, a general summary of the Capital Improvement Budget, and notice of the times and places when copies of the budget message and capital budget are available for inspection by the public, was published in a newspaper of general circulation; and WHEREAS, the City Council has examined and carefully considered the proposed budget; and WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City Council conducted a public hearing in the City Hall upon said proposed budget on September 3, 2020; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Pursuant to the Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2020, and ending September 30, 2021, a copy of which is on file with the City Clerk, the City Council hereby adopts a budget for the Ordinance No. 9409-20 capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. The Six-Year Capital Improvement Program and Budget, a summary of which is attached hereto, marked Exhibit B, is approved in its present form, but prior to the beginning of each fiscal year the City Council shall reevaluate priorities, hold public hearings and formally adopt additions or corrections thereto. Section 3. The budget as adopted shall stand and be the Capital Improvement Program Budget of the City for said fiscal year, subject to the authority of the City Council to amend or change the budget as provided by Section 2.519 of the Clearwater Code of Ordinances. Section 4. The City Manager is authorized and directed to issue such instructions and directives that are necessary to achieve and accomplish the capital improvements authorized by the adoption of this budget. Section 5. The City Manager is authorized to transfer appropriations within the capital budget, provided such transfer does not result in changing the scope of any project or the fund source included in the adopted capital budget. Section 6. Should any provision of this ordinance be declared by any court to be invalid, the same shall not affect the validity of the ordinance as a whole, or any provision thereof, other than the provision declared to be invalid. Section 7. This ordinance shall take effect October 1, 2020. PASSED ON FIRST READING AS AMENDED _____________________ PASSED ON SECOND READING _____________________ AND ADOPTED ________________________________ Frank V. Hibbard Mayor Approved as to form: Attest: _____________________________ ________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Budgeted Revenues GENERAL SOURCES:2020/21 General Operating Revenue 7,767,920 Penny for Pinellas 12,450,000 Road Millage 3,344,710 Local Option Fuel Tax 1,427,150 Grants 120,000 Other Governmental Revenue 456,020 Multi-Modal Impact Fees 140,000 Special Program Fund 30,000 Donations 50,000 SELF SUPPORTING FUNDS: Parking Revenue 894,000 Marine Revenue 690,000 Clearwater Harbor Marina Fund 150,000 Airpark Revenue 55,000 Utility System: Water Revenue 4,980,000 Sewer Revenue 22,733,500 Utility R & R 10,575,600 Water Impact Fees 160,000 Sewer Impact Fees 50,000 Stormwater Utility Revenue 6,063,090 Gas Revenue 8,800,000 Solid Waste Revenue 625,000 Recycling Revenue 100,000 INTERNAL SERVICE FUNDS: Garage Revenue 598,300 Administrative Services Revenue 985,000 General Services Fund 75,000 Central Insurance Fund 152,460 BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 195,100 Interfund Loan - General Fund 11,000,000 BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 5,201,000 Lease Purchase - Administrative Services 675,000 TOTAL ALL FUNDING SOURCES:$100,543,850 CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2020/21 Exhibit A Ordinance No. 9409-20 Budgeted Expenditures FUNCTION:2020/21 Police Protection 11,075,000 Fire Protection 1,996,380 Major Street and Sidewalk Maintenance 4,596,470 Intersections 315,390 Parking 834,000 Miscellaneous Engineering 5,191,500 Parks Development 7,665,100 Marine Facilities 1,460,000 Airpark Facilities 175,000 Libraries 135,000 Garage 5,899,300 Maintenance of Buildings 2,665,000 Miscellaneous 2,105,000 Stormwater Utility 6,063,090 Gas System 8,800,000 Solid Waste & Recycling 725,000 Utilities Miscellaneous 100,000 Sewer System 30,988,020 Water System 9,754,600 TOTAL PROJECT EXPENDITURES $100,543,850 Exhibit A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2020/21 Ordinance No. 9409-20 Function 2020/21 2021/22 2022/23 2023/24 2024/25 2025/26 Total Police Protection 11,075,000 2,175,000 675,000 675,000 675,000 675,000 15,950,000 Fire Protection 1,996,380 482,880 1,465,370 1,404,460 3,607,060 1,250,060 10,206,210 Major Street and Sidewalk Maintenance 4,596,470 5,292,440 5,395,790 5,136,720 6,798,010 6,475,170 33,694,600 Intersections 315,390 315,390 315,390 315,390 315,390 315,390 1,892,340 Parking 834,000 999,000 429,000 10,994,000 384,000 464,000 14,104,000 Miscellaneous Engineering 5,191,500 1,541,500 221,500 221,500 221,500 273,000 7,670,500 Parks Development 7,665,100 6,705,000 8,010,000 14,720,000 4,480,000 4,360,000 45,940,100 Marine Facilities 1,460,000 1,460,000 8,470,000 8,225,000 730,000 740,000 21,085,000 Airpark Facilities 175,000 25,000 6,035,000 3,061,600 25,000 25,000 9,346,600 Libraries 135,000 135,000 135,000 135,000 135,000 135,000 810,000 Garage 5,899,300 5,944,270 6,242,730 6,625,370 6,937,890 7,266,030 38,915,590 Maintenance of Buildings 2,665,000 2,315,000 2,365,000 2,415,000 2,415,000 2,415,000 14,590,000 General Public City Buildings - - - 1,853,570 14,903,500 1,585,410 18,342,480 Miscellaneous 2,105,000 1,855,000 1,855,000 1,755,000 1,695,000 1,705,000 10,970,000 Stormwater Utility 6,063,090 6,500,630 6,958,010 5,590,710 10,106,780 10,663,400 45,882,620 Gas System 8,800,000 8,800,000 8,550,000 8,550,000 8,550,000 8,550,000 51,800,000 Solid Waste & Recycling 725,000 750,000 2,100,000 750,000 760,000 760,000 5,845,000 Utilities Miscellaneous 100,000 100,000 100,000 100,000 100,000 100,000 600,000 Sewer System 30,988,020 39,299,610 39,027,000 34,244,540 25,547,540 11,797,540 180,904,250 Water System 9,754,600 19,391,000 23,601,000 41,744,000 18,861,000 10,136,000 123,487,600 100,543,850 104,086,720 121,950,790 148,516,860 107,247,670 69,691,000 652,036,890 Exhibit B Schedule of Planned Expenditures CAPITAL IMPROVEMENT PROGRAM EXPENDITURE SUMMARY BY FUNCTION FY 2020-2021 THROUGH FY 2025-2026 CAPITAL IMPROVEMENT FUND CITY OF CLEARWATER Ordinance No. 9409-20 Preliminary CIP Budget Net Change Project Funding Source 6-year Total 2020/21 2021/22 2022/23 2023/24 2024/25 2025/26 6-year Total Prelim vs. Final PD00180001 Police District 3 Sub Station Interfund Loan 11,000,000 11,000,000 - - - - - 11,000,000 - C21PD1 Police Boat Replacement Special Program Fund 180,000 - - - - - - - (180,000) FD 91257 Auto External Defibrillator Program Central Insurance Fund 177,600 27,460 28,280 29,130 30,000 30,900 31,830 177,600 - PR 93205 Spectrum Field Infra R&R General Fund 2,850,000 200,000 200,000 200,000 200,000 200,000 750,000 1,750,000 (1,100,000) C1908 Stormwater Vehicles & Equipment Stormwater Fund 8,300,000 800,000 1,258,340 1,307,550 1,358,200 1,500,000 1,500,010 7,724,100 (575,900) ENST180001 Storm System Improvements Stormwater Fund 10,857,150 1,515,030 1,572,940 1,802,240 1,094,640 2,693,750 2,593,350 11,271,950 414,800 ENST180002 - Allens Creek Stormwater Fund 2,600,000 - - 697,360 905,460 479,210 490,370 2,572,400 (27,600) ENST180003 Stormwater System Expansion Stormwater Fund 1,917,200 53,750 225,660 244,160 179,270 363,230 509,010 1,575,080 (342,120) ENST180004 Stevenson Creek Stormwater Fund 7,555,000 1,123,460 1,205,920 944,710 481,030 1,773,060 1,998,280 7,526,460 (28,540) ENST180005 Coastal Basin Stormwater Fund 7,874,000 1,447,390 1,031,850 1,017,280 1,091,080 1,430,430 1,574,100 7,592,130 (281,870) ENST180006 Alligator Creek Stormwater Fund 7,633,500 1,123,460 1,205,920 944,710 481,030 1,867,100 1,998,280 7,620,500 (13,000) PU 96664 Water Pollution Control R & R Sewer Revenue 8,000,000 - 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 10,000,000 2,000,000 PU 96665 Sanitary Sewer R & R Utility R&R 6,390,000 940,000 1,150,000 1,100,000 1,200,000 2,000,000 3,000,000 9,390,000 3,000,000 PU 96665 Sanitary Sewer R & R Sewer Revenue 21,500,000 4,600,000 5,100,000 4,900,000 4,900,000 2,000,000 3,000,000 24,500,000 3,000,000 PU 96722 Line Relocation Maint Water Revenue 3,700,000 850,000 850,000 750,000 750,000 500,000 500,000 4,200,000 500,000 PU 96739 Reclaimed Water Distribution System Water Revenue 5,000,000 650,000 950,000 450,000 2,450,000 500,000 500,000 5,500,000 500,000 105,534,450$ 112,400,220$ 6,865,770$ change from preliminary budget CIP Budget Final Project changes as amended for final budget ordinance for September 3, 2020 public hearing Page 1 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8169 Agenda Date: 9/17/2020 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 8.4 SUBJECT/RECOMMENDATION: Provide direction on the proposed first amendment to an existing Development Agreement between the City of Clearwater and East Shore International Enterprises, LLC and 411ES, LLC, which provides a one-year extension for site plan approval and confirm a second public hearing in City Council Chambers before City Council on October 1, 2020 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2019-03001; 400/405/408/409/411 East Shore Drive). SUMMARY: Development Proposal: Brian J. Aungst, representative of 411ES LLC (property owner), is requesting a one-year time extension for site plan approval of the approved Hotel Development Agreement (HDA2019-03001) for the referenced project located at 400/405/408/409/411 East Shore Drive. On July 18, 2019, the City Council approved a Development Agreement along with a concept plan and elevations as part of application HDA2019-03001. Consistent with applicable Florida Statues and the City’s Community Development Code the agreement was transmitted to the Florida Department of Economic Opportunity on August 1, 2019 rendering the effective date August 31, 2019. Pursuant to Section 6.1.3.3 of the agreement, “The Developer shall obtain appropriate site plan approval pursuant to a Level One or Level Two development application within one (1) year from the effective date of this Agreement…”. Based on the City’s Level II Flexible Development application schedule the latest Community Development Board Meeting at which site plan approval could have been granted prior to the expiration of the Agreement (August 31, 2020) was August 20, 2020. This would have required the submittal of a complete application on or before the application deadline of noon June 1, 2020. The applicant provides that they were unable to submit a complete application by the above noted application deadline date of noon June 1, 2020. It should be noted that the August CDB meeting was cancelled. It should also be noted that the applicant does have a complete Flexible Development application (FLD2020-05012) submitted for review scheduled for review at the Development Review Committee meeting of September 3, 2020. The granting of the one-year time extension request will amend Section 6.1.3.2 as follows: 6.1.3.2 The Developer shall obtain appropriate site plan approval pursuant to a Level One or Level Two development application within one (1) year two (2) years from the effective date of this Agreement in accordance with the provisions of the Code and shall then obtain appropriate permits and certificates of occupancy in accordance with the provisions of the Code. Nothing Page 1 City of Clearwater Printed on 9/17/2020 File Number: ID#20-8169 herein shall restrict Developer from seeking an extension of site plan approval or other development orders pursuant to the Code or state law. In the event that work is not commenced pursuant to issued permits, or certificates of occupancy are not timely issued, the City may deny future development approvals and/or certificates of occupancy for the Project and may terminate this Agreement in accordance with Section 10. No changes to the approved conceptual site plan or elevations are proposed. The approved development agreement provides for the demolition of all structures on the 1.115-acre site and building a single, six-floor hotel with 74 hotel rooms (66.367 units per acre) and a 57-slip marina facility with 22 slips available to the public and 35 slips available only to guests of the hotel. The 74 proposed units include 55 units otherwise permitted by the Resort Facilities High Future Land Use classification, an additional eight units from the Hotel Density Reserve through Beach by Design and an additional 11 units which the applicant intends to transfer to the site through a Level Two Transfer of Development Rights application. The building will be 65 feet in height (from Base Flood Elevation) to roof as otherwise permitted utilizing the Height Bonus Schedule for the Marina District of Beach by Design for property totaling one acre or more on both sides of East Shore Drive and the provision of a publicly accessible Boardwalk. The proposal includes a tropical modern architecture, which is consistent with and complements the tropical vernacular envisioned in Beach by Design. Changes to Development Agreements: Pursuant to Section 4-606.I., CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. The amendment to the approved agreement is solely to extend the time frame by which time site plan approval must be obtained by one year to August 31, 2021. Page 2 City of Clearwater Printed on 9/17/2020 One Tampa City Center, Suite 2000 201 N. Franklin Street P.O. Box 1531 (33601) Tampa, FL 33602 813.273.4200 Fax: 813.273.4396 WWW.MFMLEGAL.COM EMAIL: BJA@MACFAR.COM 625 Court Street, Suite 200 P.O. Box 1669 (33757) Clearwater, FL 33756 727.441.8966 Fax: 727.442.8470 August 3, 2020 Gina Clayton, AICP, Planning Director Ella Crandall, AICP Kevin Nurnberger, AICP City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 Re: Proposed Amendment to HDA 2019-03001 405, 408, 409, and 411 East Shore Drive Dear Gina, Ella, and Kevin: Please allow this to serve as my client’s formal submission of a proposed amendment to HDA 2019-03001 in response to the July 10, 2020 incompleteness letter related to FLD 2020-05012 and TDR 2020-7002. The amendment extends the time for the Developer to obtain final site plan approval from one year from the effective date of the Development Agreement to two years from the effective date. This application is intended to be reviewed for approval contemporaneously with FLD 2020-05012 and TDR 2020-7002. As always, I look forward to working with you in this regard. Please feel free to call me at any time with any questions or concerns. I can be reached directly at (727) 444-1403. Thank you, /s/ Brian J. Aungst, Jr. Brian J. Aungst, Jr. Encl. FIRST AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT (“AMENDMENT”) is dated the _____ day of _______________, 2020, and entered into by and between EAST SHORE INTERNATIONAL ENTERPRISES, LLC and 411ES, LLC, a Florida limited liability company (“Developer”), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipality of the State of Florida acting through its City Council, the governing body thereof (“City”). WITNESSETH: WHEREAS, Developer and the City entered into that certain Hotel Density Reserve Development Agreement dated July _____, 2019 (the “Development Agreement”) a full copy of which is attached hereto as Exhibit 1 relating to that certain real property located at 400, 405, 408, 409, and 411 East Shore Drive, Clearwater, FL 33767 (the “Property”); and WHEREAS, on or about May 1, 2020, Developer filed a Flexible Development Application (FLD 2020-05012) and a Transfer of Development Rights Application (successor application number: TDR 2020-07002) to develop the Project; and WHEREAS, the Development Agreement requires the Developer to obtain site plan approval within one year of the effective date of the Agreement. The Developer has filed the appropriate Applications to obtain site plan approval, but the Applications were incomplete and are still pending final approval through the development review process. The Developer has experienced delays in completing the Applications partially due to the Covid-19 pandemic. As such, the parties desire to amend the Development Agreement as set forth herein; NOW THEREFORE, in exchange for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Developer and the City agree as follows: RECITALS: 1. The recitals listed above are true and correct and incorporated herein by reference. AMENDMENT TO DEVELOPMENT AGREEMENT: 2. Section 6.1.3.2 is amended to read as follows: The Developer shall obtain appropriate site plan approval pursuant to a Level One or Level Two development application within two (2) years from the effective date of this Agreement in accordance with the provisions of the Code and shall then obtain appropriate permits and certificates of occupancy in accordance with the provisions of the Code. Nothing herein shall restrict Developer from seeking an extension of site plan approval or other development orders pursuant to the Code or state law. In the event that work is not commenced pursuant to issued permits, or certificates of occupancy are not timely issued, the City may deny future development approvals and/or certificates of occupancy for the Project and may terminate this Agreement in accordance with Section 10. 3. No Further Changes. Except as set forth herein there are no further changes, amendments or modifications to the Development Agreement. Developer: EAST SHORE INTERNATIONAL ENTERPRISES, LLC and 411ES, LLC _______________________________ By: __________________________ Print Name: ____________________ Frank Dagostino, Managing Member _______________________________ Print Name: ____________________ As to “Developer” City: CITY OF CLEARWATER, FLORIDA _______________________________ By: __________________________ Print Name: ____________________ William B. Horne II, City Manager _______________________________ Print Name: ____________________ As to “City” Attest: _________________________________ Rosemarie Call, City Clerk Countersigned: _________________________________ Frank V. Hibbard, Mayor Approved as to Form: _________________________________ Mike Fuino Assistant City Attorney EXHIBIT 1 Development Agreement dated July ___, 2019 FIRST AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT (“AMENDMENT”) is dated the _____ day of _______________, 2020, and entered into by and between EAST SHORE INTERNATIONAL ENTERPRISES, LLC and 411ES, LLC, a Florida limited liability company (“Developer”), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipality of the State of Florida acting through its City Council, the governing body thereof (“City”). WITNESSETH: WHEREAS, Developer and the City entered into that certain Hotel Density Reserve Development Agreement dated July _____, 2019 (the “Development Agreement”) a full copy of which is attached hereto as Exhibit 1 relating to that certain real property located at 400, 405, 408, 409, and 411 East Shore Drive, Clearwater, FL 33767 (the “Property”); and WHEREAS, on or about May 1, 2020, Developer filed a Flexible Development Application (FLD 2020-05012) and a Transfer of Development Rights Application (successor application number: TDR 2020-07002) to develop the Project; and WHEREAS, the Development Agreement requires the Developer to obtain site plan approval within one year of the effective date of the Agreement. The Developer has filed the appropriate Applications to obtain site plan approval, but the Applications were incomplete and are still pending final approval through the development review process. The Developer has experienced delays in completing the Applications partially due to the Covid-19 pandemic. As such, the parties desire to amend the Development Agreement as set forth herein; NOW THEREFORE, in exchange for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Developer and the City agree as follows: RECITALS: 1. The recitals listed above are true and correct and incorporated herein by reference. AMENDMENT TO DEVELOPMENT AGREEMENT: 2. Section 6.1.3.2 is amended to read as follows: The Developer shall obtain appropriate site plan approval pursuant to a Level One or Level Two development application within two (2) years from the effective date of this Agreement in accordance with the provisions of the Code and shall then obtain appropriate permits and certificates of occupancy in accordance with the provisions of the Code. Nothing herein shall restrict Developer from seeking an extension of site plan approval or other development orders pursuant to the Code or state law. In the event that work is not commenced pursuant to issued permits, or certificates of occupancy are not timely issued, the City may deny future development approvals and/or certificates of occupancy for the Project and may terminate this Agreement in accordance with Section 10. 3. No Further Changes. Except as set forth herein there are no further changes, amendments or modifications to the Development Agreement. Developer: EAST SHORE INTERNATIONAL ENTERPRISES, LLC and 411ES, LLC _______________________________ By: __________________________ Print Name: ____________________ Frank Dagostino, Managing Member _______________________________ Print Name: ____________________ As to “Developer” City: CITY OF CLEARWATER, FLORIDA _______________________________ By: __________________________ Print Name: ____________________ William B. Horne II, City Manager _______________________________ Print Name: ____________________ As to “City” Attest: _________________________________ Rosemarie Call, City Clerk Countersigned: _________________________________ Frank V. Hibbard, Mayor Approved as to Form: _________________________________ Mike Fuino Assistant City Attorney HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT THIS HOTEL DENSITY RESE VE DEVELOPMENT AGREEMENT ("Agreement") is dated theeat;;).,''.<. day of , 2019, and entered into between EAST SHORE INTERNATIONA EN ERPRISES, LLC & 411 E S, both being Florida lim ited liab ili ty companies ("Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a special area plan for the revitalization of Clearwater Beach adopted under the provisions of the F lorida Growth Management Act, Florida Statutes Chapter 163, Part II, and entitled Beach by Design; and WHEREAS, Florida Statutes Sections 163.3220 -163 .3243, the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4- 606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, Beach by Design proposed the development of hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, fam ily resort community, and further provided for a limited reserve of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and WHEREAS, the Developer owns 1.11 acres of real property ("Property") in the corporate limits of the City, more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Developer desires to develop the Property to provide 74 overnight accommodation units, pool, lobby, roof top sun deck and parking, generally conforming to the architectural elevation dimensions shown in composite Exh ibit "B" (collectively, the improvements are the "Project"); and WHEREAS, the Property has not previously acquired density from the Destination Resort Density Pool; and WHEREAS, upon completion the planned hotel will contain 74 overnight accommodation units, which includes 8 units from the avai lable Hotel Density Reserve ("Reserve Units"); and 11 Units from TOR's to be acquired. KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2019233713 07/24/2019 02:24PM OFF REC BK: 20626 PG: 1023-1047 DocType:AGM RECORDING: $214.00 WHEREAS, the City has conducted such public hearings as are required by and in accordance with Florida Statutes Section 163.3225, Code Sections 4-206 and 4-606, and any other applicable law; and WHEREAS, the City has determined that, as of the date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; and WH,EREAS, at a duly noticed and convened public meeting J U l 'f I i' , 201 J, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; and on WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act and Code, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subject to this A~reement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 3.1 The Property currently has a Land Use designation of Resort Facilities High (RFH) and is Zoned Tourist (T). 3.2. The Property is owned in Fee Simple or under contract to be owned in Fee Simple by the Developer. 3.3 The Property is generally located at 405 , 408, 409 & 411 East Shore Drive, Clearwater, FL 33767 as further described in Exhibit "A". 2 SECTION 4. Scope of Project. 4.1 The Project shall consist of 74 overnight accommodation units including eight overnight accommodation units from the Hotel Density Reserve with an additional 11 Units acquired through the use ofTDR's and have a density no greater than 150 units per acre and a 22-slip publicly accessible marina facility. 4.2 The Project shall include a minimum of 100 parking spaces (1.2 spaces per hotel unit and one space per two publicly accessible slips), as defined in Code. 4.3 The design of the Project, as represented in Exhibit "B", is consistent with "Beach by Design". 4.4 The height of the Project shall be up to 65'-0" feet as measured from Base Flood Elevation, as defined in the Code and as otherwise permitted utilizing the Height Bonus Schedule for the Marina District of Beach by Design the consolidation of property totaling one acre or more on both sides of East Shore Drive and the provision of a publicly accessible Boardwalk. The maximum building heights of the various character districts cannot be increased to accommodate hotel rooms allocated from the Hotel Density Reserve. SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida and thirty (30) days have elapsed after transmitting to the Florida Department of Economic Opportunity, pursuant to Florida Statutes section 163.3239 and Code section 4-606.G.2. 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Economic Opportunity a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect for twenty (20) years unless earlier terminated as set forth herein. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer: 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the Code applicable at the time of building permit review. Property: 6.1.3 The following restrictions shall apply to development of the 6.1.3.1 To retain the grant of Reserve Units provided for herein, the 3 Property and improvements located thereon shall be developed in substantial conformance with the Conceptual Site Plan attached as Exhibit "B". Any modifications determined by the Planning and Development Director as either inconsistent with attached Exhibit "B" or constituting a substantial deviation from attached Exhibit "B" shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.32 The Developer shall obtain appropriate site plan approval pursuant to a Level One or Level Two development application within one (1) year from the effective date of this Agreement in accordance with the provisions of the Code and shall then obtain appropriate permits and certificates of occupancy in accordance with the provisions of the Code. Nothing herein shall restrict Developer from seeking an extension of site plan approval or other development orders pursuant to the Code or state law. In the event that work is not commenced pursuant to issued permits, or certificates of occupancy are not timely issued, the City may deny future development approvals and/or certificates of occupancy for the Project and may terminate this Agreement in accordance with Section 10. 6.1.3.3 The Developer shall execute, prior to commencement of construction, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "C", stating that the accommodation use will close as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute the covenant of unified use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit "D"; provided however, that nothing shall preclude the Developer from selling all or a portion of the Developer's Property in the event that Developer determines not to construct the Project. It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation no rights of Developer remain or will be exercised to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Return ofUnits to Reserve. Any Reserve Units granted to Developer not timely constructed in conjunction with the Project shall be returned to the Hotel Density Reserve and be unavailable to Developer for use on the Project. 6.1.6 Transient Use. A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated. Access to overnight accommodation units must be provided through a lobby and internal corridor. All units in the hotel shall be made available to the public as overnight transient hotel guests at all times 4 through the required hotel reservation system. Occupancy in the hotel is limited to a term ofless than one (1) month or thirty-one (31) consecutive days, whichever is less. Units in the hotel shall not be used as a primary or permanent residence. 6.1.7 No Full Kitchens. No unit shall have a complete kitchen facility as that term is used in the definition of "dwelling unit" in the Code. 6.1.8 Inspection of Records. Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed by general law. 6.1.9 Compliance with Design Guidelines. The Developer agrees to comply with the Design Guidelines as set forth in Section VII. of Beach by Design 6.1.10 Limitation on Amplified Music. Developer agrees that there shall be no outdoor amplified music at the Project after 11 :00 pm. on Sunday through Thursday, or after 12:00 midnight on Friday and Saturday. 6.1.11 Limitation on Marina Facility. 6.1.11.1 The Developer agrees that activities such as servicing, fueling, pumping-out, commercial chartering and/or and dry-storage of boats and boating equipment is strictly prohibited. 6.1.11.2 The Developer agrees that the number of conveyable Marina Slips shall be limited to no more than 22. The City acknowledges that there are 35 additional marina slips for the sole use of the hotel. The Developer may increase the number of conveyable marina slips only if the Developer increases the number or parking spaces to meet compliance with the Community Development Code. 6.1.11.3 The Developer agrees that any conveyable marina slips shall be limited to sale and/or lease to privately-owned boats rather than commercial vessels for hire. 6.1.11.4 The Developer agrees that a deed restriction outlining Sections through 6.1.11.3 shall be submitted to Staff prior to the issuance of any permits. 5 6.2 Obligations of the City. 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of the applications referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. 6.2.3 Upon adoption of this Agreement, the project shall receive 8 units from the Hotel Density Reserve as defined by Beach by Design, contingent upon the provisions of Section 6.1 .5. 6.2.4 It is anticipated that as a condition to the approval of the Project by the City, Developer will be required to construct and maintain a boardwalk along the seawall on the Property (the "Boardwalk"), and to permit the general public to enter upon and traverse the Boardwalk at all times, and to exit the Boardwalk via an easement over the Property in favor of the City (or for the benefit of the public at large) to be located at the south end of the Boardwalk, connecting the Boardwalk to East Shore Drive. Said easement shall include terms and conditions acceptable to the City, and which are typical of such other easements for similar access that are currently in effect between the City (or for the benefit of the public at large) and private land owners. Upon the adoption of this Agreement, City shall enter, in favor of Developer and its successors and assigns, a general indemnification and hold harmless agreement, to be effective upon the issuance of a C.O. for the Project, pursuant to which the City shall indemnify and hold harmless Developer, to the extent allowed by law, from and against any and all claims for injury, death, and damage brought in connection with the use of the Boardwalk by the general public at large; provided, however, that such indemnification and hold harmless agreement shall not relieve Developer of any liability for its negligence in maintaining the Boardwalk, or any willful or wanton acts by Developer or those under the authority or control of Developer. SECTION 7. Public Facilities to Seryjce Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval. The requirements for concurrency as set forth in Article 4, Division 9, of the Code, have been satisfied. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be 6 responsible for all necessary main extensions and applicable connection fees . 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer atthe Developer's sole expense. 7.5 The Project shall comply with the Metropolitan Planning Organization's [MPO] or its successor's countywide approach to the application of concurrency management for transportation facilities, and the transportation analysis conducted for the Project shall include the following: • Recognition of standard data sources as established by the MPO; • Identification of level of service (LOS) standards for state and county roads as established by the MPO; • Utilization of proportional fair-share requirements consistent with Florida Statutes and the MPO model ordinance; • Utilization of the MPO Traffic Impact Study Methodology; and • Recognition of the MPO designation of "Constrained Facilities" as set forth in the most current MPO Annual Level of Service Report. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.5 shall be completed prior to the issuance of any certificate of occupancy. 7.7 Developer agrees to provide a cashier's check, a payment and performance bond, or letter of credit in the amount of 115% of the estimated costs of the public facilities and services, to be deposited with the City to secure construction of any new public facilities and services required to be constructed by this Agreement. Such construction shall be completed prior to issuance of a Certificate of Occupancy for the Project. SECTION 8. Reguired Local Goyernment Approvals. The required local government development approvals for development of the Property include, without limitation, the fo ll owing: 8.1 Site Plan approval(s) and associated utility licenses, access, and right-of-way utilization permits; 82 Construction plan approval(s); 83 Building permit(s); 8.4 Certificate(s) of occupancy; and SECTION 9. Findin~: of Consistepcy. The City finds that development of the Property is consistent with the terms this Agreement is consistent with the City Comprehensive Plan and the Code. 7 SECTION 10. Termination. If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, aft er notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended, and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the di scretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. Except in the case of termination, until ten (1 0) years after the date of this Agreement, the City may apply laws and policies adopted subsequently to the Effective Date of this Agreement if the City has held a public hearing and determined: (a) They are not in conflict with the laws and policies governing the Agreement and do not prevent development of the land uses, intensities, or densities in the Agreement; (b) They are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement; (c) They are specifically anticipated and provided for in this Agreement; (d) The City demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or (e) This Agreement is based on substanti ally accurate information provided by the Developer SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: East Shore International Enterprises, LLC 2753 SR 580 Ste 110 With Copy to: Ifto City: Clearwater, FL 33761 -335 1 Thomas C. Nash, III 625 Court St. Clearwater, FL 33 756 City of Clearwater 600 Cleveland St. Ste 600 Clearwater, FL 33 755 Attn: City Manager 8 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third (3rd) day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. Assignments. 14.1 By the Developer: 14 .1.1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14 .1.2 If the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 14 .1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part ofthe Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable 11 to the parties compnsmg Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein . SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such noncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such appro vals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records ofthe City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subj ect matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Ipyalidjty. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the extent that the purpose of this Agreement or the benefits sought to be 12 received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen ( 15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequ ently adopted ordinances and codes of the City which are of general application not governing the development of land shall be applicable to the Property, and such modifi cations are specifically anticipated in thi s Agreement. SECTION 23. Goyernjpg Law. This Agreement shall be governed by, and construed in accordance with the laws of the State ofFlorida. SECTION 24. Coupterparts. Thi s Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amepdmept. This Agreement may be amended by mutual written consent of the City and the Developer so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. IN WITNESS WHEREOF, the parti es have hereto executed this Agreement the date and year first above written. 4;~7 In the Presence of: EAST SHORE ~~~ _ INTERNATIONAL I ENTERPRISES, LLC & 411 E S __,_F=ra=n-=k-=D=a'<:>g=os=tt,_,_,· n=o _______ _ Print Name CIWiieW~~Ecm~ By:_ William B. Horne II City Manager Attest: Rosemarie Call, City Clerk Countersigned: -qeol\~'\ {'r(~ tc1 George N . Cretekos, Mayo r Approved as to Form: Michael Fuino, Assistant City Attorney 13 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this /'l-1!;. day of -==..:..o~.__ __ , 2012 by GEORGE N . CRETEKOS, as Mayor ofthe City of Clearwa er, Flonda, who 1s [ Vj personally known to me or has [ ] produced STATE OF FLORIDA COUNTY OF PINELLAS as &Z:: a6;j ·~ Notary Public /) 1 ~ j /_ / Print Name: M nutA4 /V.. A~#; owS f:i My Commission Expires: ;oj¥t The foregoing instrument was acknowledged before me this lq~ day of ::fi.b\ "4 , 20I(j, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ vj personally known to me or who has [ ] produced --------------as identification. Stt-~ Notary Pubh~ Print Name: SCOTT '"Bwrn:>u..l-S My Commission Expires ! D J 0 i / 8& 14 Scott Burrows COMMISSION t GG261179 EXPIRES: Ocfober 1, 2022 Bondld lhiU Alron Notary EXHIBIT A Address of subject Property: 411-408 East Shore Drive Parcel Number(s): a. 08-29-15-02592-003-0070 b. 08-29-15-02592-002-0090 c. 08-29-15-02592-003-0100 d. 08-29-15-02592-003-0120 Legal description: a. Barbour-Morrrow Sub Blk C, Lots 7, 8 & 9 & S 112 of Lot 6 & Subm Land/TIF Deed #17,411 per Plat. b. Barbour-Morrrow Sub Blk B, Lots 9 and 10. c. Barbour-Morrrow Sub Blk C, Lot 10 & N 15Ft ofLot 11 & Subm Land/TIF Deed #17,41 1 per Plat. d. Barbour-Morrrow Sub Blk C, S 35Ft of Lot 11 & N 112 of Lot 12 & Subm Land/TIF Deed #17,411 per Plat. Size ofProperty: 48,351.6 Sq. Ft. or 1.11 acres 15 EXHIBIT "B" See attached Conceptual Site Plan and Architectural Drawings 16 EXHIBIT "C" COVENANT REGARDING HURRICANE EVACUATION And DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of the day of 20_, by EAST SHORE INTERNATIONAL ENTERPRISES, LLC & 411 E S ("Developer"). Developer is the owner of fee simple title to the real property described in Schedule 1 attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of Beach by Design, a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-size quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such hotels as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The City has granted, by City Council Resolution , passed and approved on ______ , 20_, Developer's application for Hotel Density Reserve Units pursuant to the Designation, subject to Developer's compliance with the requirements of the Designation. Developer desires for itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real Property in accordance with the terms and conditions of the allocation ofthe Hotel Density Reserve Units to the City and the Designation, which rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns and will run with the title to the Real Property. THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of Hotel Density Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrees as follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Developer and its successors and assigns and shall be enforceable by them and also for the 17 benefit of the residents of the City and shall be enforceable on behalf of said residents by the City Council ofthe City. 2. Covenant of Development, Use and Operation. Developer hereby covenants and agrees to the development, use and operation of the Real Property in accordance with the provisions of this Declaration. 2.1 Use. The use of the resort on the Real Property is restricted as follows: 21.1 74 units, which is the number of hotel units allocated to Developer from the Hotel Density Reserve, shall be used solely for transient occupancy of one month or thirty (30) consecutive days or less, must be licensed as a public lodging establishment and classified as a hotel, and must be operated by a single licensed operator of the hotel. All other units shall be licensed as a public lodging establishment. No unit shall be used as a primary or permanent residence. Access to overnight accommodation units must be provided through a lobby and internal corridor. A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated. All hotel units shall be required to be submitted to a rental program requiring all hotel units to be available for members of the public as overnight hotel guests on a transient basis at all times . No unit shall have a complete kitchen facility as that term is used in the definition of "dwelling unit" in the Code. Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed by general law. The Developer agrees to comply with the Design Guidelines as set forth in Section VII . of Beach by Design. 212 As used herein, the terms "transient occupancy," "public lodging establishment," "hotel", and "operator" shall have the meaning given to such terms in Florida Statutes Chapter 509, Part I. 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and security personnel required to protect the hotel, shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ("Project") and Developer's commencement of 18 construction of the Project, as evidence by a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governing Law. This Declaration shall be construed m accordance with and governed by the laws of the State ofFlorida. 5 Recording. This Declaration shall be recorded in the chain of title of the Real Property with the Clerk of the Courts of Pinellas County, Florida. 6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including reasonable attorneys' fees , which are incurred by the City in the event that the City determines that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief, whether by agreement of the parties or through order of a court of competent jurisdiction. 7 Severability. If any provision, or part thereof, of this Declaration or the application of this Declaration to any person or circumstance will be or is declared to any extent to be invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this __ day of , 20_. In the Presence of: ~17 Print Name: 'fRAIJJ<. 'l>AbOSitNO EAST SHORE INTERNATIONAL ENTERPRISES, LLC & 411 E S 19 STATE OF FLORIDA COUNTY OF PINELLAS 7~1; The foregoing instrument was acknowledged before me this L_day of :f'Vt.,tf I 'I , 20 !Cf, by John A. Bodziak, Architect, as Agent for EAST SHORE INTERNATIONAL ENTERPRISES, LLC & 411 E S, both being Florida limited liability companies, on behalf of the companies, who is L.::i personally known to me, or who [_] has produced as identification. ------------------------------- ~~.C9~ P . t N ~ v'Z trtd~IZ' jt), -pI e-;t-C E nn arne: _Y::!..._L..._ ____________________ _ 20 STATE OF FLORIDA COUNTY OF PINELLAS CITY.OF CLEAJhW;}'jER, FLORIDA w J~4.0-/;!>J ~-:n: By:_ William B. Home II, City Manager Attest: Countersigned: -qee'\('\<:'t ~l:os George N. Cretekos, Mayor Approved as to Form: Michael P. Fuino, Assistant City Attorney (~;fhe foregoing instrument was acknowledged before me this ;q -15-day of _--u.._----.,....._ ___ , 20/!1..._, by GEORGE N. CRETEKOS, as Mayor ofthe City of Clearwater, Florid , who is [ ~] personally known to me or has [ ] produced asz;;:n~0J 21 STATE OF FLORJDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this 14'1\'1 day of :1\ A. \\1 , 20J:i, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ V"'1 personally known to me or who has [ ] produced ____________ as identification. N~ Print Name: -:5 oc:m-13 ~:< My Commission Expires: !OjO\[ J..a. 020 Scott Burrows COMMISSION I 00261179 EXPIRES: October 1, 2022 Bonded 11uu Ann Notary EXHIBIT "D" COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Covenant") is executed this day of _____ , 20_, by EAST SHORE INTERNATIONAL ENTERPRISES, LLC & 411 E S, both being Florida limited liability companies ("Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real property legally described on Schedule "A" attached hereto and incorporated herein by reference (the "Real Property"); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Hotel Density Reserve Development Agreement dated 20 (the "Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel project as described in the Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Covenant. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($1 0.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a hotel project, as described in the Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its rights and to the Real Property or any portion or portions thereof to unrelated third-parties. 21 Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator. IN WITNESS WHEREOF, Developer has caused this Covenant to be executed this __ day of , 20_. In the Presence of: As to "Developer" STATE OF FLORIDA COUNTY OF PINELLAS EAST SHORE INTERNATIONAL ENTERPRISES , LLC & 411 E S, both being Florida limited liability companies The foregoing instrument was acknowledged before me this 1..:!_1/:;y of :J!/t t1 20 19 , by John A. Bodziak, Architect, as Agent for EAST SHORE INTERNATIONAL ENTERPRISES, LLC & 411 E S, both being Florida limited liability companies, who is Ld personally known to me, or who [_] has produced as identification. 22 COUNTY OF PINELLAS CITY OF CLEARWATER, FLORIDA ltf~i>, ~-:a: By: William B. Home II, City Manager Attest: Countersigned: -q eo, 1 t f\.Ctt \ttc$ George N. Cretekos, Mayor Approved as to Form: Michael P. Fuino, Assistant City Attorney 23 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this I qi\'l day of :fL~\.y , 20l9_, by WILLIAM B. HORNE, II, as City Manager ofthe City of Clearwater, Florida, who is [ v ] personally known to me or who has [ ] produced ____________ as identification. 24 to o ~ 'y:~, Scott Burrows i.: ~-J COMMISSION I 00261179 \~.. • If EXPIRES: Ocfober 1, 2022 "~f. ' ~~ Bonded 11vu Aaron Notlry Schedule "A" a. Barbour-Morrrow Sub Blk C, Lots 7, 8 & 9 & S 1/2 of Lot 6 & Subm Land/TIF Deed #17,41 1 per Plat. b. Barbour-Morrrow Sub Blk B, Lots 9 and 10. c. Barbour-Morrrow Sub Blk C, Lot 10 & N 15Ft of Lot 11 & Subm Land/TIF Deed #17,411 per Plat. d. Barbour-Morrrow Sub Blk C, S 35Ft of Lot 11 & N 1/2 of Lot 12 & Subm . Land/TIF Deed #17,411 per Plat. 25 14 EXHIBIT “B” See attached Conceptual Site Plan and Architectural Drawings Treasure Island C a u s e wa y SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE COVER SHEETMEDICAL CLOSETM.C.WEIGHTWGT.VERTICALVERT.MANUFACTURERMANUF.LOCKLK.HEIGHTHGT.FLOORFL.F.A.EQUALEQ.DOWNDN.ELASTOMERICELAST.ABOVE FINISH FLOORABOVE FINISH CEILINGA.F.F.A.F.C.FIRE ALARMMIRRORMIRR.IMAGEIMAG.INSULATIONINSULWOODWITHWINDOWWATER CLOSETVINYL COMPOSITION TILEUNLESS NOTED OTHERWISE TYPICALTACK BOARDSTEELSPECIFICATIONSRUBBER TILEROOMROOFINGROOF DRAINREQUIREDREIFORCINGQUARRY TILEPRESSURE TREATEDPLASTERPAINTON CENTERNUMBERNOT TO SCALENOT IN CONTRACTNORTHMINIMUMMETAL LATHMETALMECHANICALMAXIUMMASONRY OPENINGM.O.MASONRY CONTROL JOINTM.C.J.FINISH SYSTEMEXTERIOR INSULATION &E.I.F.S.WD.W/WDW.W.C.V.C.T.U.N.O.TYP.T.B.STL.SPECS.R.T.RM.RFG.R.D.REQ'D.REINF.Q.T.P.T.PLAST.PT.O.C.NO.N.T.S.N.I.C.N.MIN.M.L.MTL.MECH.MAX.KNOCK OUTJOINTHOLLOW METALHARDWAREGYPSUM WALL BOARDGAUGEGALANIZEDFOUNDATIONFOOT OR FEETFOOTINGFLOORPLASTERFIRE EXTINGUISHERFINISHEXISTINGEXPANSION JOINTEXPANSIONEXISTINGELEVATIONDRINKING FOUNTAINDOWN SPOUTCONCRETE MASONRY UNITCONTROL JOINTCONCRETECOLUMNCHALK BOARDCERAMIC TILECARPETCEILINGBUILDINGBOTTOMBOTTOMBLOCKALUMINUMACOUSTICAL CEILING TILEK.O.JT.H.M.HDW.G.W.B.GA.GALV.FDN.FT.FTG.FLR.PLAS.F.E.FIN.EXST'G.E.J.EXP.EXIST.ELEV.D.F.D.S.C.M.U.C.J.CONC.COL.C.B.C.T.C.CLG.BLDG.BTM.BOTT.BLK.ALUM.A.C.T.ABBREVIATIONS:2-HOUR FLOOR-CEILING FIRE SEPARATION PER U.L. DETAIL J901III (B)II (B)II (A)BUILDING DATA :OCCUPANCY :ASSEMBLYMIXED OCCUPANCY :CONSTRUCTION TYPE :BUILDING HEIGHT:MEZZANINE :HIGH RISE :BUILDING CODE SUMMARY - BUSINESSEDUCATIONALMERCANTILEHAZARDOUSCOMMERCIAL PROJECTS:FACTORY-INDUSTRIALINSTITUTIONALRESIDENTIAL (R-1)UTILITY/ MISCELLANEOUSYESNOSEPARATION:I (A)I (B)III (A)IV (H.T.)YES NOMIXED CONSTRUCTION :ZONING DISTRICT:BASIC WIND SPEED:BUILDING RISK CATEGORY:WIND EXPOSURE:APPLICABLE INTERNAL PRESSURE COEFFICIENT:150 MPHIIC+/- .18 (ENCLOSED)ANALYTICAL METHODWINDS:(E) TOTAL SITE AREA:617.28 S.F.V (A)V (B)64'-0" ABOVE B.F.E. & 71'-6" ABOVE GRADE 5 - STORIES ABV. PARKINGYES NOYES NO "T" TOURIST (RFH)BASE FLOOD ELEVATION:"AE" ELE. 11'-0" + 2'-0" FREEBOARD =13'-0"SECOND FLOOR A/C AREA:THIRD FLOOR A/C AREA:FOURTH FLOOR A/C AREA:TOTAL A/C AREA:APPLICABLE CODES:EMEGENCY LIGHTING and EXIT SIGNAGEFIRE ALARMPANIC HARDWARELIFE SAFETY SYSTEM :YES NONOYES YES NOFIRE SPRINKLED:YES NOFIRE ALARM:YES NOGROUND FLOOR & EGRESS STAIR WALLS = 2-HOUR FIRE SEPARATION PER U.L. DETAIL U905SMOKE DETECTION SYSTEMSNOYES 12,755.50 S.F.48,553.58 S.F. (1.115 ACRES)WINDS APPLIED PER ASCE7-10, BUILDINGS OF ALL HEIGHTS6TH EDITION (2017) FLORIDA BUILDING CODE6TH EDITION (2017) FLORIDA BUILDING CODE (MECHANICAL)6TH EDITION (2017) FLORIDA BUILDING CODE (PLUMBING)6TH EDITION (2017) FLORIDA BUILDING CODE (ACCESSIBILITY)6TH EDITION (2017) FLORIDA BUILDING CODE (ENERGY)6TH EDITION (2017) FLORIDA FIRE PREVENTION CODENFPA 2015 NATIONAL ELECTRICAL CODE(NEC 2014)12,647.46 S.F.GROUND FLOOR A/C AREA:FIFTH FLOOR A/C AREA :INDEX OF DRAWINGSARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENTFLORIDA REGISTRATION NO. AR00050652325 ULMERTON ROAD, SUITE 21CLEARWATER, FLORIDA 33762TEL: (727) 327-1966 FAX: (727) 826-0968EMAIL: JACK@JABODZIAK.COMJOHN A. BODZIAKAIA, ARCHITECT, PASURSITE SURVEYSURENLARGED PART #1SURENLARGED PART #2SURENLARGED PART #3CVR-1COVERCVR-2RENDERINGSP-1.0ARCHITECTURAL SITE & LIGHTING PLANC-1CONSTRUCTION NOTESC-2CIVIL SITE PLANC-3HORIZONTAL CONTROLC-4PAVING, GRADING & DRAINAGE PLANC-5UTILITIES PLANSP-2.0LANDSCAPE PLANA-1.02nd FLOOR PLANA-2.03rd FLOOR PLANA-3.04th FLOOR PLANA-4.05th FLOOR PLANA-5.06th FLOOR PLANA-6.0ROOF TOP PLANA-7.0ELEVATIONSA-7.1ELEVATIONSA-7.2COLOR ELEVATIONSA-7.3COLOR ELEVATIONSA-8.0ENLARGED 1st FLOOR PLAN - KEY PLANA-8.1ENLARGED 1st FLOOR PLAN - BUILDINGA-8.2ENLARGED 1st FLOOR PLAN - MARINAA-8.3ENLARGED 1st FLOOR PLAN - PARKING LOTA-9.0ENLARGED UNITS FLOOR PLANSA-9.1ENLARGED UNITS FLOOR PLANSA-9.2ENLARGED UNITS FLOOR PLANSDAA-1.0CONCEPTUAL SITE PLANDAA-2.0BUILDING MASSING STUDYDAA-2.1BUILDING MASSING STUDYDAA-2.2BUILDING MASSING STUDYDAA-2.3BUILDING MASSING STUDYDAA-2.4RENDERINGPROPOSED PROJECT FOR:408 EAST SHORE DRIVEClearwater, Florida 33767SCOPE OF WORK:THESE DOCUMENTS ARE FOR THE CONSTRUCTION OF A NEW, 5-STORY PLUS ONEGROUND FLOOR LEVEL OF PARKING, TYPE II B FREE STANDING BUILDING LOCATED INTHE CITY OF CLEARWATER BEACH IN THE MARINA DISTRICT.THE PROPOSED USE WILL BE A TYPE R-1 TRANSIENT CONDO-HOTEL WITH 74 UNITS.THE BUILDING HAS POURED CONCRETE FLOORS AND COLUMNS, EXTERIORWALLS ARE MASONRY WITH STUCCO.THE CONSTRUCTION OF ALL ASPECTS OF THE BUILDING WILL CONFORM TO ALLCOUNTY, STATE, AND FEDERAL REGULATIONS AS REQUIRED.ALL WORK AS CONTEMPLATED WILL BE EXECUTED WITHIN THE APPLICABLE F.B.C. 2017SIXTH EDITION AND FEMA GUIDE LINES.Location ofProjectVicinity map (NTS)Location map (NTS)NORTH63,962.62 S.F.SIXTH FLOOR A/C AREA :1Gulf of MexicoMandalayChannelMandalayChannelCauseway Blvd.East Shore Dr.ClearwaterBayJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018CVR-112,647.46 S.F.12,647.46 S.F.12,647.46 S.F.Poinsettia Ave.1 JAB PROJECT #SHEETDRAWNDATESEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE RENDERING PROPOSED PROJECT FOR:408 EAST SHORE DRIVEClearwater, Florida 33767CSMay. 28, 19UPDATED ON2018-019DEC - 2018CVR-21 NEW 6" x 6" CONCRETECURB WV BFP W W NEW 3'-0" HIGH LOW INTENSITY "MUSHROOM DOME" DOWN LIGHT ON A PHOTOCELL NOTE: 1.ALL LIGHTING TO BE PROPERLY "TURTLE" SHIELDED IN COMPLIANCE WITH LOCAL, STATE, AND FEDERAL STATUTES PER SECTION 110-506 - LIGHTING INBEACH AREA. 2.ALL LIGHTS TO BE LED TECHNOLOGY. NEW BUILDING EXTERIOR DOWN LIGHTWALL SCONCE ON A PHOTOCELL = Backflow Preventor = Cable Box = Centerline = Cleanout = Decorative Light = Drainage Manhole = Fire Hydrant = Gas Valve = Grease Trap = Guy Anchor = Handicap = Lightpole = Mailbox = Power Box = Sanitary Manhole = Sign = Spot Elevation = Telephone Box = Utility Pole = Water Meter = Water Valve = Well GV SYMBOL LEGEND: = Solar Deck Light (LED) = Solar Bollard Light (LED) = Light Pole LED (Single Lamp) = Light Pole LED (Double Lamp) NOTE: 1.ALL LIGHTING TO BE PROPERLY "TURTLE" SHIELDED IN COMPLIANCE WITH LOCAL, STATE, AND FEDERAL STATUTES PER SECTION 110-506 - LIGHTING IN BEACH AREA. 2.ALL LIGHTS TO BE LED TECHNOLOGY.H57H56H55H52H54H53vp2425VP23Hvp34vp42vp40vp38vp36vp26vp28vp30vp3243VP41VP39VP37VP35VP33VP31VP29VP27VP22H2VP4VP6VP8VP10VP12VP14VP16VP20VP1VP3VP5VP7VP9VP11VP13VP15VP17VP19VP18VP21H vp31vp28vp37vp35vp33vp30vp36vp34vp32vp39vp38vp41vp42vp40H 10 H 9 H 8 vpvpH19H18H17H49H51H50H26H 16 H 15 H 14 H25H24H 1 1 2 3 4 5 7 9 10 CC 1 2 3 4 5 7 9 10 6 6 8 8 DD BB AA 1 2 345678 15 14 131211109 16 12345678 151413121110916 11 11 ELEV.ELEV.14'-0" SETBACKBOARDWALK BOARDWALK 14'-0" SETBACKEAST SHORE DRIVEPOINSETTIA STREET 14'-0" SETBACK14'-0" SETBACKH 3 H 2 H45H46H48H47H44H43H23H22H21H20H 13 H 12 H 11 H 7 H 6 H 5 H 4 1 2 3 4 5 6 7 8 9 10 11 272912 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 30 29 28 27 26 25 24 23 22 21 20 1 2 3 4 5 6 7 8 9 10 11 12 13 26 25 24 23 22 21 20 19 18 17 16 15 14 27 P H P P P P PPP P P P P H H H H H H H H H H H H H H H H H H H H 100'-0"115'-9"100'-0"115'-9"REQUIREDSETBACK5'-0"PROPOSEDSETBACK5'-012"REQUIREDSETBACK5'-0"REQUIRED&PROPOSEDSETBACK5'-0"REQUIRED& PROPOSEDSETBACK5'-0"FIREHYDRANT NEW STOPSIGN NEW ACCESIBLE PARKING SIGN NEW ACCESIBLE PARKING SIGN NEW ACCESIBLE PARKING SIGN 12'-0"5'-0"12'-0"18'-0"5'-0"NEW STOPSIGN CLEAR SIGHTTRIANGLE 1'-6"12'-0"5'-0"12'-0"18'-0"5'-0"6'-0"11'-11"16'-4"NEW 10'-0"SIDEWALK NEWBICYCLERACKS NEW STOPSIGN 24'-0"18'-0"9'-0"24'-0"5'-0"8'-3"21'-8"9'-0"2'-6"9'-0"18'-0"9'-0"78'-2"R15'-0"R5'-0"R3'-0"R3'-0"R20'-0"NEW TRUNCATEDWARNING DOMESON EACH SIDE OFNEW DRIVEWAY NEW TRUNCATEDWARNING DOMESON EACH SIDE OFNEW DRIVEWAYNEW PEDESTRIANCROSSWALK SIGN NEW PEDESTRIANCROSSWALK SIGNBOARDWALK ACCESS24'-0"STORAGEROOM STORAGEROOM 9'-0"9'-0"18'-0"5'-0"8'-6"14'-3"14'-3"8'-6"3'-6"8'-5"5'-0"24'-0"18'-0"9'-0"9'-0" 9'-0"9'-0"9'-0"9'-0"9'-0"36'-0"STORAGE ROOM 28'-4"16'-7"HANDICAP ELECTRIC LIFT STORAGEROOM DROP-OFFAREA (VALET) 10'-0"9'-6"BUILDING LENGTH 229'-3" CONCRETECANOPYABOVE ROOFABOVE BUILDINGFOOTPRINT BUILDING ABOVE BUILDINGABOVE BUILDINGFOOTPRINT 13'-4"49'-9" PLANTER PLANTER 81'-7"30'-0"28'-3"2'-9"18'-0"85'-6" 2'-0" 9'-0"27'-0"27'-0"3'-6"27'-0"25'-10"2'-8"5'-0"8'-3"27'-0"18'-0"1'-6"18'-0"1'-6"18'-0" 18'-9"29'-9"6'-3"14'-5"14'-11"ACCESS TO BOARDWALK POOL DECK POOL DECK20'-0"21'-0"R4'-0"11'-6"5'-0"8'-0"7'-0"22'-0"18'-5" GREEN AREA GREEN AREA GREEN AREAGREEN AREAGREEN AREA GREEN AREA GREEN AREA GREEN AREA 42'-5"34'-1" GREEN AREA GREEN AREA FIREHYDRANT5'-0"GREEN AREA REQUIRED SETBACK 14'-0" BUILDING SETBACK 27'-9" REQUIREDSETBACK0'-0"BUILDINGSETBACK5'-334" REQUIRED SETBACK 14'-0" BUILDING SETBACK 41'-034"20'-0"PARKING SURFACE SETBACK 5'-034" CLEARWATER HARBOR 35'-6"42'-8"98'-6"262'-214"20'-0"20'-0"30'-6"4'-0"30'-0"4'-0"31'-0"35'-0"4'-0"31'-0"4'-0"15'-6"4'-0"40'-0"61'-6"6'-0"31'-0" 40'-0"6'-0"40'-0" 13'-0"33'-0"40'-0"16'-6"5'-0"15'-0"20'-0"7'-0"17'-6"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"4'-0"16'-0"4'-0"33'-0"4'-0"33'-6"4'-0"192'-11"17'-712"20'-0"5'-0"20'-0" 5'-0"35'-6" 76'-0" 27'-0"37'-10"5'-0"34'-0"24'-0"99'-0"R5'-0"R5'-0"18'-0"5'-0"18'-0"R15'-0"R15'-0"5'-0"5'-0"LOBBY24'-10"58'-0"2'-914"GREEN AREA GREEN AREA 3'-0"9'-6"1'-6" 18'-0" 2'-1" 27'-0"2'-8"27'-0"1'-6"9'-0"17'-0" GREEN AREA 16'-0"18'-0" 27'-0" 3'-6"57'-4"CABANAS NEW BICYCLERACKS18'-4" 18'-0"3'-0" 20'-0"20'-0"20'-0"20'-0"20'-0"10'-0"14'-9"NEW TRUNCATEDWARNING DOMESON EACH SIDE OFNEW DRIVEWAY GREEN AREAGREEN AREAGREEN AREA GREEN AREA GREEN AREA GREEN AREAGREEN AREA9'-0"16'-0"9'-0"18'-0"GREEN AREA 20'-0"9'-6"24'-0"18'-0"DUMPSTER AREA GREEN AREA 177'-03 4"30'-5"117'-414" 20'-0"20'-0"20'-0"20'-0"15'-11"20'-0"20'-0"9'-0"18'-0" NO BOAT SLIP NO BOAT SLIPGREEN AREARAMP RAMP 15'-0"15'-0"15'-0 "15'-0" GREEN AREA TRASH RECEP. BENCH BENCH BENCHTRASHRECEP.BENCHFOUNTAINTRASHRECEP. BENCH BENCH TRASH RECEP. BENCH BENCH TRASH RECEP. BENCH TRASHRECEP. TRASHRECEP. BENCHBENCH BENCH BENCH EXISTING DOCK TO BE REMOVED PARKING SURFACE SETBACK 16'-3" EAST SHORE DR. LANE LIMIT EAST SHORE DR. LANE LIMIT GREEN AREA BOARDWALK ACCESSCONCRETECROSSWALK CONCRETECROSSWALKCONCRETECROSSWALK CONCRETECROSSWALK NEW TRUNCATEDWARNING DOMESON EACH SIDE OFNEW DRIVEWAYNEW TRUNCATEDWARNING DOMESON EACH SIDE OFNEW DRIVEWAYNEW TRUNCATEDWARNING DOMESON EACH SIDE OFNEW DRIVEWAYPEDESTRIANCROSSWALKSIGN W/ FLASHINGLIGHTS PEDESTRIANCROSSWALKSIGN W/ FLASHINGLIGHTS"ENTRYONLY"SIGN "ENTRY ONLY"SIGN "EXIT ONLY"SIGN "EXIT ONLY"SIGN1'-0"10'-0"10'-0"NEW 10'-0"SIDEWALK1'-0"10'-0"6'-0"1'-0"10'-0"1'-6" 2'-0" PARKING OVERHANG2'-0"16'-0"18'-0"PARKINGSURFACE SETBACK 5'-214" 16'-0"18'-0"RAMP RAMP 20'-0"NEW 10'-0"SIDEWALK NEW 10'-0"SIDEWALK 18'-0"27'-0"8'-4"NEW 10'-0"SIDEWALK NEW 10'-0"SIDEWALK 1'-0"10'-0"1'-0"10'-0"BENCHTRASHRECEP.NEW 5'-0"VINYL FENCENEW 5'-0"VINYL FENCE NEW 5'-0"VINYL FENCE NEW 5'-0" VINYL FENCE R15'-0"R15'-0"PROPOSEDSETBACK5'-0"9'-0"18'-0"18'-0"9'-0"104'-0"18'-0"8'-6"3'-0"GREEN AREA 89'-4" SEAWALL SEAWALL SEAWALL SEAWALL1'-0"10'-0"NEW 10'-0"SIDEWALK5'-0"3'-0"3'-0"HANGING ALUM. LOUVER 6'-0" VINYLFENCE LOUVER PERGOLA & LOUVERS PERGOLA &LOUVERS 1'-6"1'-6"PLANTER BOX PLANTER BOX PLANTER BOX3'-4"HANGING ALUM. LOUVER HANGINGALUM.LOUVER HANGINGALUM.LOUVER HANGINGALUM.LOUVER LOUVER LOUVER LOUVER ALUM.LOUVER ALUM. LOUVER ALUM.LOUVER LOUVER CLEARSIGHTTRIANGLECLEARSIGHTTRIANGLECLEARSIGHTTRIANGLE CLEARSIGHTTRIANGLECLEARSIGHTTRIANGLE CLEARSIGHTTRIANGLE CLEAR SIGHT TRIANGLE CLEAR SIGHT TRIANGLE CLEARSIGHTTRIANGLE 63'-0"PERGOLA & LOUVERS PERGOLA & LOUVERS20'-0"20'-0"20'-0"20'-0" 24" (H)PLANTER PLANTER BOX PLANTER BOX PLANTER BOX PLANTER BOX PLANTER BOXPLANTER BOX PLANTER BOX00 P H Indicates Boat Slip number Public Boat Slip......... Hotel Boat Slip......... 22 Boat Slip 35 Boat Slip Total 57 Boat Slip Provided: Required: 1 vehicular prkg. sp. per 2 Public boat slips MARINA BOAT SLIPS & PARKING Marina vehicular prkg. sp. ..11 Parkg. Spaces00 H 00 VP 00 H PARKING LEGEND REGULAR PARKING SPACE FOR VALET PARKING USE REGULAR PARKING SPACE HANDICAP PARKING SPACE SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA.1SP-1.0SCALE: 1"=20'ARCHITECTURAL SITE AND LIGHTING PLANNORTH 2SP-1.0 N.T.S.BICYCLE RACK (2 BIKES) 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE ARCHITECTURAL SITE & LIGHTING PLAN 3SP-1.1 SCALE: 1" = 1'-0"CONCRET CURB DETAIL 4 SP-1.1 SCALE: N.T.S. SILK FENCE DETAIL JAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018SP-1.04SP-1.0 N.T.S.BENCH DETAIL (TYP.) 5 SP-1.0 N.T.S. TRASH RECEPTACLES (TYP.) 1 1111 SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE CONSTRUCTION NOTESJAB PROJECT #SHEETDRAWNDATESKApr. 12, 19UPDATED ON2018-019DEC - 2018C-1PATRICIA P. MONTECKI FL NO. 54894 DATE: THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY PATRICIA P. MONTECKI, P.E. ON APRIL 12, 2019 PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. vp27vp28vp31vp29vp37vp35vp33vp30vp36vp34vp32vp39vp38vp41vp42vp40r19r18r17r49r51r50r26r 16 r 15 r 14 r25r24r57r 1r56 r55vp12vp24vp25vp26vp27vp28r21vp1vp11vp2vp10vp3vp9vp4vp8vp5vp7vp61 2 3 4 5 7 9 10 CC 1 2 3 4 5 7 9 10 6 6 8 8 DD BB AA 1 2 345678 15 14 131211109 16 12345678 151413121110916 11 11 ELEV.ELEV. 18'-0" SETBACK 18'-0" SETBACK 18'-0" SETBACK18'-0" SETB A C K 5'-0" SETBACK5'-0" SETBACK 14'-0" SETBACKBOARDWALK BOARDWALK 14'-0" SETBACK18'-0" SETBA C K EAST SHORE DRIVEPOINSETTIA STREET 14'-0" SETBACK14'-0" SETBACKvp42vp43vp23vp32vp22vp33vp31vp34vp30vp35vp36vp37vp38vp39vp40vp41vp29H 3 H 2 r45r46r48r47r52r54r53r44r43r23r22r21r20r 13 r 12 r 11 r 10 r 9 r 8 r 7 r 6 H 5 H 4 1 2 3 4 5 6 7 8 9 10 11 vp14vp13vp15vp16vp17vp18vp19vp20CLEAR SIGHTTRIANGLE CLEAR SIGHTTRIANGLE100'-0"115'-9"100'-0"115'-9"REQUIREDSETBACK5'-0"PROPOSEDSETBACK5'-012"REQUIREDSETBACK5'-0"PROPOSEDSETBACK5'-734"REQUIRED&PROPOSEDSETBACK5'-0"REQUIRED& PROPOSEDSETBACK5'-0"FIREHYDRANT NEW STOPSIGN NEW ACCESIBLE PARKING SIGN NEW ACCESIBLE PARKING SIGN NEW ACCESIBLE PARKING SIGN 12'-0"5'-0"12'-0"18'-0"5'-0"CLEAR SIGHTTRIANGLE NEW STOPSIGN CLEAR SIGHTTRIANGLE5'-0"1'-6"12'-0"5'-0"12'-0"18'-0"5'-0"6'-0"11'-11"16'-4"5'-0"NEW 5'-0" SIDEWALK NEW 5'-0" SIDEWALK NEWBICYCLERACKS NEW STOPSIGN 24'-0"18'-0"9'-0"24'-0"5'-0"8'-3"21'-8"27'-0"2'-6"9'-0"18'-0"9'-0"137'-4"R15'-0"R5'-0"R3'-0"R3'-0"R20'-0"NEW TRUNCATEDWARNING DOMESON EACH SIDE OFNEW DRIVEWAY NEW TRUNCATEDWARNING DOMESON EACH SIDE OFNEW DRIVEWAYNEW PEDESTRIANCROSSWALK SIGN NEW PEDESTRIAN CROSSWALK SIGN BOARDWALK ACCESS24'-0"NEW CROSSWALKSTRIPING NEWCROSSWALKSTRIPINGSTORAGEROOMSTORAGEROOM 9'-0"9'-0"18'-0"5'-0"10'-0"14'-3"14'-3"10'-0"5'-0"8'-5"5'-0"5'-0"24'-0"18'-0"9'-0"9'-0" 9'-0"9'-0"9'-0"9'-0"9'-0"18'-0"18'-0"STORAGE ROOM 28'-4"16'-7"HANDICAP ELECTRIC LIFT STORAGEROOM DROP-OFFAREA (VALET) 10'-0"12'-6"18'-0" 276'-9" ROOFABOVE ROOFABOVE BUILDINGABOVE BUILDING ABOVE BUILDINGABOVE BUILDINGABOVE 13'-4"49'-9" PLANTER PLANTER 81'-7"30'-0"28'-5"3'-1"18'-0"85'-6" 2'-0" 9'-0"27'-0"27'-0"3'-6"27'-0"25'-10"2'-8"5'-0"8'-3"27'-0"18'-0"1'-6"18'-0"1'-6"18'-0" 18'-9"29'-9"6'-3"14'-5"14'-11"ACCESS TO BOARDWALK POOL DECK POOL DECK20'-0"21'-0"R4'-0"11'-6"5'-0"8'-0"7'-0"22'-0"18'-5" GREEN AREA GREEN AREA GREEN AREAGREEN AREAGREENAREA GREEN AREA GREEN AREA GREEN AREA GREENAREA42'-5"34'-1" GREEN AREA GREEN AREAGREEN AREA GREEN AREA FIREHYDRANT17'-10"19'-512"5'-0"GREEN AREA REQUIRED SETBACK 14'-0" BUILDING SETBACK 27'-9" REQUIREDSETBACK0'-0"BUILDINGSETBACK5'-334" REQUIRED SETBACK 14'-0" BUILDING SETBACK 41'-034" REQUIRED SETBACK 18'-0" BUILDING SETBACK 18'-034" CLEAR SIGHTTRIANGLE CLEAR SIGHTTRIANGLE20'-0"CLEAR SIGHT TRIANGLE CLEAR SIGHT TRIANGLE DRIVEWAY SETBACK 5'-034" CLEARWATER HARBOR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 30 29 28 27 26 25 24 23 22 21 20 1 2 3 4 5 6 7 8 9 10 11 12 13 26 25 24 23 22 21 20 19 18 17 16 15 14 27 35'-6"42'-8"98'-6"262'-214"20'-0"20'-0"30'-6"4'-0"30'-0"4'-0"31'-0"35'-0"4'-0"31'-0"4'-0"15'-6"4'-0"40'-0"61'-6"6'-0"31'-0" 40'-0"6'-0"40'-0" 13'-0"33'-0"40'-0"16'-6"5'-0"15'-0"20'-0"7'-0"17'-6"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"4'-0"16'-0"4'-0"33'-0"4'-0"33'-6"4'-0"192'-11"17'-712"20'-0"5'-0"20'-0" 5'-0"35'-6" 76'-0" 48'-0"37'-10"102'-0"5'-1134"32'-0"24'-0"32'-0"5'-412"5'-412"88'-0"5'-1134"32'-0"24'-0"32'-0"5'-412"R15'-0"R15'-0"94'-0"R5'-0"R5'-0"18'-0"5'-0"18'-0"R15'-0"R15'-0"5'-0"5'-0"LOBBY24'-10"58'-0"2'-914"GREEN AREA GREEN AREA 3'-0"9'-6"1'-6" 18'-0" 2'-1" 27'-0"2'-8"27'-0"1'-6"9'-0"17'-0"5'-034" REQUIRED SETBACK 18'-0" GREEN AREA 16'-0"18'-0" 26'-6" 3'-6"57'-4"CABANAS NEW BICYCLERACKS18'-4" 18'-0"3'-0" P H P P P P PPP P P P P H H H H H H H H H H H H H H H H H H H H 20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"10'-0"14'-9"NEW TRUNCATEDWARNING DOMESON EACH SIDE OFNEW DRIVEWAY 20'-0"20'-0"20'-0"20'-0"GREEN AREAGREEN AREAGREEN AREA GREEN AREA GREEN AREA GREEN AREAGREEN AREA8'-6"16'-0"8'-6"16'-0"8'-6"16'-0"GREEN AREA 30'-314"11'-6"27'-0"18'-0"DUMPSTER AREA GREEN AREA CLEAR SIGHT TRIANGLE 177'-03 4"30'-5"117'-414" 20'-0"20'-0"20'-0"20'-0"15'-11" CLEAR SIGHT TRIANGLE 20'-0"20'-0"9'-0"18'-0" NO BOAT SLIP NO BOAT SLIPGREEN AREARAMP RAMP 15'-0"15'-0"15'-0 "15'-0" GREEN AREA MARINA SEATING SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA.1C-1SCALE: 1"=20'CIVIL SITE PLANNORTH 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE CIVIL SITE PLANJAB PROJECT #SHEETDRAWNDATECSApr. 12, 19UPDATED ON2018-019DEC - 2018C-2DATE: FL NO. 54894 PATRICIA P. MONTECKI ELEV. ELEV. BOARDWALK BOARDWALK vpvpvpvpvpvpvpvpvpvp6vpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvp12vp1211HH 15811HH ROOF ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE ROOF ABOVE SEA WALL SEA WALL SEA WALL WHEELCHAIR LIFT POOL LOBBY POOL DECK CABANAS JAC.MARINA BOARDWALK ACCESSMARINA SEATING STORAGESTORAGE SIDEWALK SIDEWALK SIDEWALK BICYCLE RACK(5 BIKES)BICYCLE RACK(5 BIKES)BICYCLE RACK(5 BIKES)BICYCLE RACK(5 BIKES)BICYCLE RACK(5 BIKES)BICYCLE RACK(5 BIKES) 1 1 27 BIKERACKBIKERACKBIKERACKBIKERACKTIE INTO EXIST. MH ATELEV=1.2548 LF 6" PVCSS @1%MHRIM=5.20IE=1.73(W)IE=1.83(S)29 LF 6" PVCSS @1%DUMPSTERAREASEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE HORIZONTAL CONTROLJAB PROJECT #SHEETDRAWNDATESKApr. 12, 19UPDATED ON2018-019DEC - 2018C-3PATRICIA P. MONTECKI FL NO. 54894 DATE: THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY PATRICIA P. MONTECKI, P.E. ON APRIL 12, 2019 PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. ELEV. ELEV. BOARDWALK BOARDWALK vpvpvpvpvpvpvpvpvpvp6vpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvp12vp12HH 15811HH ROOF ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE SEA WALL SEA WALL SEA WALL WHEELCHAIR LIFT POOL LOBBY POOL DECK CABANAS JAC. MARINA SEATING STORAGESTORAGE SIDEWALK SIDEWALK SIDEWALK BICYCLE RACK(5 BIKES)BICYCLE RACK(5 BIKES)BICYCLE RACK(5 BIKES)BICYCLE RACK(5 BIKES)BICYCLE RACK(5 BIKES)BICYCLE RACK(5 BIKES) 1 1 27 BIKERACKBIKERACKBIKERACKBIKERACKMEET & MATCHEXIST. GRADEMEET & MATCHEXIST. GRADEMEET & MATCHEXIST. GRADETIE INTO EXIST. MH ATELEV=1.2548 LF 6" PVCSS @1%MHRIM=5.20IE=1.73(W)IE=1.83(S)29 LF 6" PVCSS @1%DUMPSTERAREASEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE PAVING, GRADING & DRAINAGE PLANJAB PROJECT #SHEETDRAWNDATESKApr. 12, 19UPDATED ON2018-019DEC - 2018C-4PATRICIA P. MONTECKI FL NO. 54894 DATE: THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY PATRICIA P. MONTECKI, P.E. ON APRIL 12, 2019 PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. ELEV. ELEV. BOARDWALK BOARDWALK ROOF ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE SEA WALL SEA WALL SEA WALL LOBBY CABANAS MARINA SEATING STORAGESTORAGE SIDEWALK SIDEWALK SIDEWALK BICYCLE RACK(5 BIKES)BICYCLE RACK(5 BIKES) 1 2 30 1 27 TIE INTO EXIST. MH ATELEV=1.2548 LF 6" PVCSS @1%MHRIM=5.20IE=1.73(W)IE=1.83(S)29 LF 6" PVCSS @1%SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE UTILITIES PLANJAB PROJECT #SHEETDRAWNDATESKApr. 12, 19UPDATED ON2018-019DEC - 2018C-5PATRICIA P. MONTECKI FL NO. 54894 DATE: THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY PATRICIA P. MONTECKI, P.E. ON APRIL 12, 2019 PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. TYPICALSEE PLANTING DETAILSIMPORTED TOPSOILSEE SPECIFICATIONSIMPORTED BARK MULCH30" TYPICALTREE OR SHRUB ROOTBALL WIDTH PER PLANS MPSPCIYCMVASODSBVO SABAL PALM TREE"SOD" ST. AUGUSTINEVARIEGATED ASIAN JASMINEYAUPON"CM" - CREPE MYRTLELEGEND:CANARY ISLAND DATE PALM TREEMEDJOOL PALM TREESILVER BUTTONWOODEXISTING TREE TO BE REMOVEDSURVEY TREE LEGENDVIBURNUMSH57 H56H55H52H54H53vp2425VP23Hvp34vp42vp40vp38vp36vp26vp28vp30vp3243VP41VP39VP37VP35VP33VP31VP29VP27VP22H2VP4VP6VP8VP10VP12VP14VP16VP20VP1VP3VP5VP7VP9VP11VP13VP15VP17VP19VP18VP21H vp31vp28vp37vp35vp33vp30vp36vp34vp32vp39vp38vp41vp42vp40H 10 H 9 H 8 vpvpH19H18H17H49H51H50H26H 16 H 15 H 14 H25H24H 1 1 2 3 4 5 7 9 10 CC 1 2 3 4 5 7 9 10 6 6 8 8 DD BB AA 1 2 345678 15 14 131211109 16 12345678 151413121110916 11 11 ELEV.ELEV.14'-0" SETBACKBOARDWALK BOARDWALK 14'-0" SETBACKEAST SHORE DRIVEPOINSETTIA STREET 14'-0" SETBACK14'-0" SETBACKH 3 H 2 H45H46H48H47H44H43H23H22H21H20H 13 H 12 H 11 H 7 H 6 H 5 H 4 1 2 3 4 5 6 7 8 9 10 11 272912 13 14 15 16 Y YYY Y Y Y Y Y YVA VA VA VA VA VAVAVASOD SOD SOD SOD SOD SODSODVASODYY SOD SOD SOD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 30 29 28 27 26 25 24 23 22 21 20 1 2 3 4 5 6 7 8 9 10 11 12 13 26 25 24 23 22 21 20 19 18 17 16 15 14 27 P H P P P P PPP P P P P H H H H H H H H H H H H H H H H H H H H MP MP SP SP SP MP MP MP MP MPMP CM CM CM MP MPMPMPSB SB SB SB SB SB SB SBSB SB SB SB SB SB SB SB SB SB SB SB SBSB SBSBYYYYVAVAVAVAVAVAYYSOD SOD SOD SOD SOD SB VA Y YSOD VA Y Y VO VO VO Y Y Y SOD SOD SB SB SOD VLBA #1 VLBA #2 VLBA #3 VLBA #4 VLBA #1 CLEARSIGHTTRIANGLE CLEARSIGHTTRIANGLECLEARSIGHTTRIANGLE 36" (H)PLANTER 24" (H)PLANTER 24" (H)PLANTERCLEARSIGHTTRIANGLECLEARSIGHTTRIANGLE CLEARSIGHTTRIANGLE CLEAR SIGHT TRIANGLE CLEARSIGHTTRIANGLE CLEARSIGHTTRIANGLE FOUNTAIN 24" (H) PLANTER 36" (H) PLANTER SODVAVA CLEARSIGHTTRIANGLE Y VLBA #1VLBA #1 VLBA #1 VLBA #4 VLBA #4 VLBA #4 VLBA #4 VLBA #4 VLBA #4 VLBA #5 VLBA #5 VLBA #5 SB SB SBVAVASBVAVAVA 24" (H) PLANTER 24" (H)PLANTER 24" (H) PLANTER Y YMP BACKFILL MIXBACKFILL MIXFINISH GRADEPUDDLE AND SETTLECONTAINER DIAMETERDEPTH1 1/2 TIMESCONTAINER24" MIN.2 TIMES OR MINIMUM 18"-24" WIDER GUY WIRE SIZES:#12 - 15 TO 25 GAL. TREES#9 - FIELD STOCK TREESPLANTING HOLEREBAR STAKE SIZES:#4 X 2' - 15 TO 25 GAL. TREES#7 X 3' - FIELD STOCKINSTALL TURNBUCKLES FORFIELD STOCK ONLYLEVEL W/ SURFACE OFINSTALL TOP OF ROOT MASS 2 TIMESCONTAINERDEPTH CONTAINER DIAMETER THAN DIAMETER OF ROOT BALL1 1/2 TIMESFINISH GRADE BACKFILL MIX PUDDLE ANDSETTLE BACKFILL RUBBER TREE TIEGALV. GUY WIRESURVEYOR'S FLAGGINGTAPE - EA. WIRETURNBUCKLE REBAR STAKEBELOW GRADE MIX SLOPED NOTCOMPACTED MP SP CM VA Y SOD SB VO PLANT MATERIAL SCHEDULE: QTY.CODE BOTANICAL NAME COMMON NAME SPECS. ILEX VOMITORIA PHOENIX DACTYLIFERA MEDJOOL MEDJOOL PALMS 40'-50' H x10'-15' W13 TRACHELOSPERUM ASIATICUM VARIEGATED VARIEGATED ASIAN JASMINE 1 GAL., 10"-12" SPR, DENSE 3 LAGERSTROEMIA INDICA CREPE MYRTLE 3 GAL/2" DIA 8'-10' H 218 ST. AUGUSTINE FLORATUM ST. AUGUSTIN SOD 5273 sq.ft. 18"-24" HGT 3 GAL. PLANTED @ 3' O.C.SHADE /ORNAMENTAL TREESSHRUBS / HEDGESGROUNDCOVERCHARACTERISTICS: N-NATIVE, F-FLOWERING, E-EVERGREEN, D-DECIDUOS ALL TREES AND BASE PLANTS REQUIRE MULCH AT PLANTING OVER THE ROOT ZONE. F,D SABAL PALMSSABAL PALMETTO3 2,222 sq.ft. 40'-50' H x10'-15' W SILVER BUTTONWOODCONOCARPUS ERECTUS 8'-10' H x20-40' W27 TYPE VIBURNUM ODORATISSIMUM VIBURNUMS18 4' TO 6' HGT 3 GAL. PLANTED @ 3' TO 4' O.C. YAUPON GENERAL LANDSCAPE NOTES: 1.ALL PLANT MATERIALS TO BE FLORIDA #1 OR BETTER QUALITY, INSTALLED TO HIGHEST NURSERY STANDARDS. 2.MULCH TO BE "FLORAMULCH" AVAILABLE AT GOMULCH.COM OR 866.466.8524 / 866.GO.MULCH. MULCH SHALL BE INSTALLED TO A MINIMUM OF 3" THICK IN ALL PLANTING AREAS. 3.SOD TO BE 95% WEED FREE: ST. AUGUSTINE FLORATAM. SOD TO BE INSTALLED WITH TIGHT JOINTS, ROLLED AND FERTILIZED AT TIME OF INSTALLATION. ALL AREAS OF THE PROJECT SITE DISTURBED DURING CONSTRUCTION SHALL BE SODDED UNLESS SPECIFICALLY LABELED OTHERWISE. ALL AREAS WITHIN THE PROJECT LIMITS SHALL BE PROVIDED WITH SOD OR OTHER SPECIFIED GROUNDCOVER. 4.ALL DIMENSIONS TO BE FIELD CHECKED BY THE LANDSCAPE CONTRACTOR PRIOR TO CONSTRUCTION, WITH ANY DISCREPANCIES REPORTED IMMEDIATELY TO THE LANDSCAPE ARCHITECT. 5.ALL MATERIALS MUST BE AS SPECIFIED ON THE LANDSCAPE PLAN. IF MATERIALS OR LABOR DO NOT ADHERE TO SPECIFICATIONS, THEY WILL BE REJECTED BY THE LANDSCAPE ARCHITECT WITH PROPER INSTALLATION CARRIED OUT BY THE LANDSCAPE CONTRACTOR AT NO ADDITIONAL COST. 6.NO SUBSTITUTIONS OR CHANGES OF ANY KIND WILL BE MADE AT TIME OF BIDDING, SO AS TO PROVIDE FOR EQUAL AND FAIR COMPARISONS. 7.ALL PERMITS NECESSARY ARE TO BE PROVIDED BY THE INSTALLING CONTRACTOR UNLESS OTHERWISE SPECIFICALLY STATED IN THE SPECIFICATIONS. 8.NO CONTRACTOR IDENTIFICATION SIGNS SHALL BE PERMITTED ON THE PROJECT. 9.ALL QUESTIONS CONCERNING THE PLANS AND SPECIFICATIONS ARE TO BE DIRECTED TO THE ARCHITECT. 10.CAREFULLY REVIEW THE LANDSCAPE SPECIFICATIONS. THE INSTALLING CONTRACTOR WILL BE HELD RESPONSIBLE FOR ALL ITEMS CONTAINED THEREIN. 11.ALL PLANT MATERIAL SHALL BE PLANTED WITH "TERRA-SORB AG", IN ACCORDANCE WITH THE MANUFACTURER'S RECOMMENDATIONS FOR THE RATE OF APPLICATION. 12.THE CONTRACTOR SHALL BE RESPONSIBLE TO PROVIDE STORM WATER POLLUTION PREVENTION PLANS AND APPROPRIATE CONSTRUCTION SITE RUNOFF CONTROLS TO MEET EPA'S NATURAL POLLUTANT DISCHARGE ELIMINATION SYSTEM RULE ON CONSTRUCTION SITES WHERE MORE THAN ONE ACRE OF LAND IS DISTURBED. 13.SEC. 106-36. - XERISCAPE REQUIREMENTS. THE XERISCAPE DESIGN PRINCIPLE OF PLANT SELECTION AND PLACEMENT BASED UPON FUNCTION, WATER REQUIREMENTS AND SUITABLE ENVIRONMENTAL EXPOSURE OF PLANT MATERIALS SHALL BE USED IN ALL VEHICULAR-USE AREAS. IN ADDITION, THE FOLLOWING XERISCAPE TECHNIQUES SHALL BE REQUIRED: 1. FIFTY PERCENT OF THE PLANTS USED IN ALL VEHICULAR-USE AREAS LANDSCAPE DESIGNS SHALL BE DROUGHT TOLERANT AND LOCATED IN GROUPINGS ACCORDING TO WATER REQUIREMENTS. 2. SEVENTY-FIVE PERCENT OF THE PLANTS USED IN ALL VEHICULAR-USE AREA LANDSCAPE DESIGNS SHALL BE A COMBINATION OF NATIVE AND DROUGHT TOLERANT. 3. ALL PLANTINGS SHALL BE GROUPED IN ZONES ACCORDING TO WATER REQUIREMENTS AND SHALL BE IRRIGATED IN ZONES SEPARATING HIGH WATER USE LAWN AREA FROM DROUGHT TOLERANT ZONES. 4. ALL IRRIGATION SYSTEMS SHALL BE AUTOMATIC WITH CYCLING CAPACITY AND SHALL BE DESIGNED TO AVOID IRRIGATION OF UNPLANTED SURFACES. 14. SEC. 106-40. - SCREENING OF BACKFLOW PREVENTERS. BACKFLOW PREVENTERS SHALL BE SCREENED BY DENSE EVERGREEN SHRUBBERY A MINIMUM OF 30 INCHES IN HEIGHT, PLANTED TWO FEET ON CENTER. SUCH SHRUBBERY SHALL BE PLANTED FAR ENOUGH AWAY FROM THE UNIT SO AS TO PROVIDE A MINIMUM OF A THREE-FOOT CLEARED AREA ON THE TWO SIDES OF THE UNIT FOR MAINTENANCE PURPOSES. 15. SEC. 106-42. - SEA OATS / SAND DUNES. THE REMOVAL OR RELOCATION OF SEA OATS OR SAND DUNES ON ANY PROPERTY LANDWARD OF THE COUNTY COASTAL CONSTRUCTION CONTROL LINE WILL BE COORDINATED WITH THE BUILDING AND ZONING DIRECTOR PRIOR TO THE START OF WORK. 16. SECTION 110-670 - LANDSCAPING / GREEN AREA (A) ONE OF THE PURPOSES OF THE DEVELOPMENT CONTROLS IS TO ENCOURAGE THE PROVISION OF ADEQUATE LANDSCAPING/GREEN AREA IN R-3 ZONES WEST OF GULF BOULEVARD. A MINIMUM OF TEN PERCENT OF THAT PORTION OF THE LOT LOCATED EAST OF THE COUNTY COASTAL CONSTRUCTION CONTROL LINE AS ESTABLISHED BY THE STATE SHALL BE DESIGNATED FOR AND MAINTAINED AS LANDSCAPED GREEN AREA IN SIDE AND FRONT YARDS. (B) IN R-3 ZONES WEST OF GULF BOULEVARD, THE GREEN AREA IN SIDE YARDS SHALL PROVIDE A CLEAR "VIEW AREA" BETWEEN THREE FEET AND TEN FEET IN HEIGHT; I.E. BUSHES OR SHRUBS SHALL NOT EXCEED THREE FEET IN HEIGHT AND TREES SHALL BE TRIMMED BELOW TEN FEET IN HEIGHT. SUCH LANDSCAPED AREAS MAY INCLUDE PASSIVE RECREATION FACILITIES PROVIDED, HOWEVER, THAT THE "VIEW AREA" IS NOT OBSTRUCTED. (C) IN ALL ZONES EXCEPT R-1, ALL OFF-STREET PARKING AREAS NOT CONTAINED WITHIN THE BUILDING STRUCTURE SHALL HAVE A MINIMUM OF TEN PERCENT LANDSCAPED GREEN AREA. (D) ALL LANDSCAPED AREAS SHALL BE PROVIDED WITH AN ADEQUATE WATER SUPPLY. 17. ADD THE FOLLOWING NOTE TO THE LANDSCAPE PLANS, "WHEN AN ACCESS WAY INTERSECTS A PUBLIC RIGHT-OF-WAY OR OTHER ACCESS WAY, OR WHEN THE SUBJECT PROPERTY ABUTS THE INTERSECTION OF TWO OR MORE PUBLIC RIGHT-OF-WAYS, ALL LANDSCAPING WITHIN THE TRIANGULAR AREAS DESCRIBED AS [OR] REFERRED TO AS THE "CROSS-VISIBILITY AREA," SHALL PROVIDE UNOBSTRUCTED CROSS-VISIBILITY AT A LEVEL BETWEEN 36 INCHES AND EIGHT FEET. TREES AND PLANT MATERIAL TRIMMED IN SUCH A MANNER THAT CROSS VISIBILITY IS NOT HINDERED WILL BE ALLOWED, PROVIDED THEY ARE LOCATED SO AS NOT TO CREATE A TRAFFIC HAZARD, AS DETERMINED BY THE CITY. SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA.1SP-2.0SCALE: 1"=20'LANDSCAPE PLANNORTH 2SP-2.0 SCALE: N.T.S.PLANTER ISLAND (TYP.)3SP-2.0 SCALE: N.T.S.SHRUB PLANTING (TYP.) 4 SP-2.0 SCALE: N.T.S. TREE GUYING (TYP. DETAIL) 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE LANDSCAPE PLANJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018SP-2.01 123456712345678910 11 12 13 1415 16123457910CC1234579106688DDBBAA12345678151413121110916123456781514131211109161111ELEV.ELEV.14'-0" SETBACK BOARDWALKBOARDWALK14'-0" SETBACK EAST SHORE DRIVE14'-0" SETBACK 14'-0" SETBACK12 46812133579101415COFFICELOBBYHALLHALL32'-9"85'-3"101'-6"10'-0"17'-9"40'-6"16'-9"10'-0"9'-9"56'-0"5'-0"14'-9"30'-0"12'-3"3'-0"19'-9"3'-0"2'-6"9'-9"30'-0"14'-9"10'-0"15'-0"22'-0"42'-10"14'-5"15'-0"34'-2"15'-0"30'-0"15'-0"15'-0"15'-0"15'-0"22'-0"95'-0"229'-3"5'-6"9'-6"1'-0"4'-0"6'-0" 3'-0" 7'-0" 2'-6" 2'-6"9'-0" 11'-6" 3'-0" 3'-0" 1'-6" 2'-6" 5'-0"5'-0" 2'-0" 3'-0" 3'-0" 3'-0" 3'-0" 2'-0" 3'-0"5'-0"5'-0"5'-0"KIT.LIVINGBALCONYM.BDR.BATHR.HALLHALLM.BDR.M.BATHR.LIVINGKIT.BATHR.BDR.BALCONYM.BDR.M.BATHR.LIVINGKIT.BATHR.BDR.BALCONYM.BDR.LIVINGM.BATHR.BDR.BATHR.KIT.BALCONYM.BDR.LIVINGM.BATHR.BDR.BATHR.KIT.BALCONYM.BDR.BDR.LIVINGDININGKIT.BATHR.M.BATHR.W/DW/DW/DW/DW/DM.BDR.BDR.LIVINGKIT.BATHR.M.BATHR.W/DLIVINGM.BATHR.BDR.BATHR.KIT.W/DM.BDR.BALCONYBALCONYBALCONYW/DW/DW/DKIT.BATHR.BDR.M.BATHR.M.BDR.LIVINGBALCONYKIT.BATHR.BDR.M.BATHR.M.BDR.LIVINGBALCONYBATHR.OFFICECLUB ROOMBDR.BATHR.KIT.LIVINGM.BDR.BALCONYM.BATHR.M.BDR.M.BATHR.BATHR.LIVINGKIT.LIVINGBALCONYBALCONYHALLLIVING/DENBATHR.KIT.M.BATHR.M.BDR.LIVINGBALCONYKIT.M.BATHR.M.BDR.LIVINGLIVING/DENW/DTIKI BAR19'-7" 20'-7" 4'-0"DN. TOPOOLDECKMARINA BOARDWALK ACCESS5'-0"OFFICENORTH SIDESETBACK41'-034"SOUTH SIDESETBACK27'-9"BUILDINGFRONTSETBACK5'-334"CHECK-INSERVICE30'-0"7' VINYLFENCEBELOWPERGOLA &LOUVERSBELOWPERGOLA &LOUVERSBELOWPERGOLA &LOUVERS BELOWPERGOLA &LOUVERSBELOWNORTH1A-1.0SCALE: 1" = 10'2nd FLOOR PLANSEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE 2nd FLOOR PLANJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-1.01 124681112133579101415123457910CC1234579106688DDBBAA12345678151413121110916123456781514131211109161111ELEV.ELEV.14'-0" SETBACK BOARDWALKBOARDWALK14'-0" SETBACK EAST SHORE DRIVE14'-0" SETBACK 14'-0" SETBACK1234567 8910 11 12 13 1415 16ELECTRICALROOMLOBBYHALLHALL33'-4"94'-5"101'-6"9'-0"17'-9"40'-6"16'-9"10'-0" 56'-0"5'-0"14'-9"30'-0"12'-3"3'-0"19'-9"3'-0"2'-6"9'-9"30'-0"12'-9"10'-0"17'-0"22'-0"42'-10"14'-5"30'-0"15'-0"15'-0"30'-0"15'-0"15'-0"15'-0"15'-0"22'-0"229'-3"94'-0"229'-3"10'-0"9'-6"4'-0"6'-0" 3'-0" 6'-0" 3'-6"8'-0" 11'-6" 3'-0" 3'-0" 1'-6" 2'-6" 5'-0"5'-0" 2'-0" 3'-0" 3'-0" 3'-0" 3'-0" 2'-0" 3'-0" 3'-0"5'-0"5'-0"5'-0"KIT.LIVINGBALCONYM.BDR.BATHR.HALLHALLM.BDR.M.BATHR.LIVINGKIT.BATHR.BDR.BALCONYM.BDR.M.BATHR.LIVINGKIT.BATHR.BDR.BALCONYM.BDR.LIVINGM.BATHR.BDR.BATHR.KIT.BALCONYM.BDR.LIVINGM.BATHR.BATHR.KIT.BALCONYM.BDR.BDR.LIVINGDININGKIT.BATHR.M.BATHR.W/DW/DW/DW/DW/DM.BDR.BDR.LIVINGKIT.BATHR.M.BATHR.W/DLIVINGM.BATHR.BDR.BATHR.KIT.W/DM.BDR.BALCONYBALCONYBALCONYW/DW/DW/DW/DKIT.BATHR.BDR.M.BATHR.M.BDR.LIVINGBALCONYKIT.BATHR.BDR.M.BATHR.M.BDR.LIVINGBALCONYBDR.BATHR.KIT.LIVINGM.BDR.BALCONYM.BATHR.BDR.BATHR.KIT.LIVINGM.BDR.BALCONYM.BATHR.M.BDR.M.BATHR.BATHR.LIVINGKIT.LIVINGBALCONYBALCONYHALLLIVING/DENBATHR.KIT.M.BATHR.M.BDR.LIVINGBALCONYKIT.M.BATHR.M.BDR.LIVINGLIVING/DENW/DHOUSEKEEPING& LAUNDRY ROOMBDR.SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE 3rd FLOOR PLAN NORTH1A-2.0SCALE: 1" = 10'3RD FLOOR PLANJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-2.01 12468111213357910FIREROOMLOBBYHALLHALL141533'-4"94'-5"101'-6"9'-0"17'-9"40'-6"16'-9"10'-0" 56'-0"5'-0"14'-9"30'-0"12'-3"3'-0"19'-9"3'-0"2'-6"9'-9"30'-0"12'-9"10'-0"17'-0"22'-0"42'-10"14'-5"30'-0"15'-0"15'-0"30'-0"15'-0"15'-0"15'-0"15'-0"22'-0"229'-3"94'-0"229'-3"10'-0"9'-6"4'-0"6'-0" 3'-0" 6'-0" 3'-6"8'-0" 11'-6" 3'-0" 3'-0" 1'-6" 2'-6" 5'-0"5'-0" 2'-0" 3'-0" 3'-0" 3'-0" 3'-0" 2'-0" 3'-0" 3'-0"5'-0"5'-0"5'-0"KIT.LIVINGBALCONYM.BDR.BATHR.HALLHALLM.BDR.M.BATHR.LIVINGKIT.BATHR.BDR.BALCONYM.BDR.M.BATHR.LIVINGKIT.BATHR.BDR.BALCONYM.BDR.LIVINGM.BATHR.BDR.BATHR.KIT.BALCONYM.BDR.LIVINGM.BATHR.BDR.BATHR.KIT.BALCONYM.BDR.BDR.LIVINGDININGKIT.BATHR.M.BATHR.W/DW/DW/DW/DW/DM.BDR.BDR.LIVINGKIT.BATHR.M.BATHR.W/DLIVINGM.BATHR.BDR.BATHR.KIT.W/DM.BDR.BALCONYBALCONYBALCONYW/DW/DW/DW/DKIT.BATHR.BDR.M.BATHR.M.BDR.LIVINGBALCONYKIT.BATHR.BDR.M.BATHR.M.BDR.LIVINGBALCONYBDR.BATHR.KIT.LIVINGM.BDR.BALCONYM.BATHR.BDR.BATHR.KIT.LIVINGM.BDR.BALCONYM.BATHR.M.BDR.M.BATHR.BATHR.LIVINGKIT.LIVINGBALCONYBALCONYHALLLIVING/DENBATHR.KIT.M.BATHR.M.BDR.LIVINGBALCONYKIT.M.BATHR.M.BDR.LIVINGLIVING/DENW/D123457910CC1234579106688DDBBAA12345678151413121110916123456781514131211109161111ELEV.ELEV.14'-0" SETBACK BOARDWALKBOARDWALK14'-0" SETBACK EAST SHORE DRIVE14'-0" SETBACK 14'-0" SETBACK1234567 8910 11 12 13 1415 16MAINTENANCEROOMSEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE 4th FLOOR PLAN NORTH1A-3.0SCALE: 1" = 10'4TH FLOOR PLANJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-3.01 124681112133579101415123457910CC1234579106688DDBBAA12345678151413121110916123456781514131211109161111ELEV.ELEV.14'-0" SETBACK BOARDWALKBOARDWALK14'-0" SETBACK EAST SHORE DRIVE14'-0" SETBACK 14'-0" SETBACK1234567 8910 11 12 13 1415 16ELEVATOREQUIPMENTLOBBYHALLHALL33'-4"94'-5"101'-6"9'-0"17'-9"40'-6"16'-9"10'-0" 56'-0"5'-0"14'-9"30'-0"12'-3"3'-0"19'-9"3'-0"2'-6"9'-9"30'-0"12'-9"10'-0"17'-0"22'-0"42'-10"14'-5"30'-0"15'-0"15'-0"30'-0"15'-0"15'-0"15'-0"15'-0"22'-0"229'-3"94'-0"229'-3"10'-0"9'-6"4'-0"6'-0" 3'-0" 6'-0" 3'-6"8'-0" 11'-6" 3'-0" 3'-0" 1'-6" 2'-6" 5'-0"5'-0" 2'-0" 3'-0" 3'-0" 3'-0" 3'-0" 2'-0" 3'-0" 3'-0"5'-0"5'-0"5'-0"KIT.LIVINGBALCONYM.BDR.BATHR.HALLHALLM.BDR.M.BATHR.LIVINGKIT.BDR.BALCONYM.BDR.M.BATHR.LIVINGKIT.BATHR.BALCONYM.BDR.LIVINGM.BATHR.BATHR.KIT.BALCONYM.BDR.LIVINGM.BATHR.BATHR.KIT.BALCONYM.BDR.BDR.LIVINGDININGKIT.BATHR.M.BATHR.W/DW/DW/DM.BDR.BDR.LIVINGKIT.BATHR.M.BATHR.W/DLIVINGM.BATHR.BATHR.KIT.W/DM.BDR.BALCONYBALCONYBALCONYW/DW/DW/DW/DKIT.BATHR.M.BATHR.M.BDR.LIVINGBALCONYKIT.BATHR.M.BATHR.M.BDR.LIVINGBALCONYBATHR.KIT.LIVINGM.BDR.BALCONYM.BATHR.BATHR.KIT.LIVINGM.BDR.BALCONYM.BATHR.M.BDR.M.BATHR.BATHR.LIVINGKIT.LIVINGBALCONYBALCONYHALLLIVING/DENBATHR.KIT.M.BATHR.M.BDR.LIVINGBALCONYKIT.M.BATHR.M.BDR.LIVINGLIVING/DENW/DBDR.BDR.BDR.BDR.BDR.BDR.BDR.BDR.BATHR.W/DW/DHOUSEKEEPING& LAUNDRY ROOMSEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE 5th FLOOR PLAN NORTH1A-4.0SCALE: 1" = 10'5TH FLOOR PLANJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-4.01 124681112133579101415123457910CC1234579106688DDBBAA12345678151413121110916123456781514131211109161111ELEV.ELEV.14'-0" SETBACK BOARDWALKBOARDWALK14'-0" SETBACK EAST SHORE DRIVE14'-0" SETBACK 14'-0" SETBACK1234567 8910 11 12 13 1415 16FITNESSROOMLOBBYHALLHALL33'-4"94'-5"101'-6"9'-0"17'-9"40'-6"16'-9"10'-0" 56'-0"5'-0"14'-9"30'-0"12'-3"3'-0"19'-9"3'-0"2'-6"9'-9"30'-0"12'-9"10'-0"17'-0"22'-0"42'-10"14'-5"30'-0"15'-0"15'-0"30'-0"15'-0"15'-0"15'-0"15'-0"22'-0"229'-3"94'-0"229'-3"10'-0"9'-6"4'-0"6'-0" 3'-0" 6'-0" 3'-6"8'-0" 11'-6" 3'-0" 3'-0" 1'-6" 2'-6" 5'-0"5'-0" 2'-0" 3'-0" 3'-0" 3'-0" 3'-0" 2'-0" 3'-0" 3'-0"5'-0"5'-0"5'-0"KIT.LIVINGBALCONYM.BDR.BATHR.HALLHALLM.BDR.M.BATHR.LIVINGKIT.BATHR.BDR.BALCONYM.BDR.M.BATHR.LIVINGBATHR.BALCONYM.BDR.LIVINGM.BATHR.BATHR.KIT.BALCONYM.BDR.LIVINGM.BATHR.BATHR.BALCONYM.BDR.BDR.LIVINGDININGKIT.BATHR.M.BATHR.W/DW/DW/DW/DW/DM.BDR.BDR.LIVINGKIT.BATHR.M.BATHR.W/DLIVINGM.BATHR.BATHR.KIT.W/DM.BDR.BALCONYBALCONYBALCONYW/DW/DW/DW/DKIT.BATHR.M.BATHR.M.BDR.LIVINGBALCONYKIT.BATHR.M.BATHR.M.BDR.LIVINGBALCONYBATHR.KIT.LIVINGM.BDR.BALCONYM.BATHR.BATHR.KIT.LIVINGM.BDR.BALCONYM.BATHR.M.BDR.M.BATHR.BATHR.LIVINGKIT.LIVINGBALCONYBALCONYHALLLIVING/DENBATHR.KIT.M.BATHR.M.BDR.LIVINGBALCONYKIT.M.BATHR.M.BDR.LIVINGLIVING/DENW/DKIT.BDR.BDR.BDR.BDR.BDR.BDR.BDR.BDR.KIT.SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE 6th FLOOR PLAN NORTH1A-5.0SCALE: 1" = 10'6TH FLOOR PLANJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-5.01 1234567815141312111091612345678151413121110916ELEV.ELEV.2.0 ton Units GFIW.P.2.0 ton Units UNIT BUNIT C2.0 ton Units GFIW.P.2.0 ton Units UNIT BUNIT C2.0 ton Units GFIW.P.2.0 ton Units UNIT BUNIT C2.0 ton Units GFIW.P.2.0 ton Units UNIT BUNIT C2.5 ton Units 2.0 ton Units GFIW.P.UNIT AUNIT B2.5 ton Units 2.0 ton Units GFIW.P.UNIT AUNIT B2.5 ton Units 2.0 ton Units GFIW.P.UNIT AUNIT B2.5 ton Units 2.0 ton Units GFIW.P.UNIT AUNIT BSUNDECKCONCRETECANOPY @8'-0" (H)LOBBY74'-6"57'-0"16'-8"12'-1"10'-0"59'-6"20'-9"57'-6"4'-6"37'-0"5'-0"17'-0"4'-6"29'-10"4'-8"5'-0"59'-10"20'-1"59'-9"5'-0"14'-1"27'-0"4'-6"35'-0"5'-0"19'-0"4'-6"10'-0"40'-0" 40'-0" 26'-6"41'-6"45'-3"21'-0"82'-0"SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE ROOF TOP PLAN NORTH1A-6.0SCALE: 1"=10'ROOF TOP PLANJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-6.01 12345678910111234567891011L.2nd FLOOR+13'-6”L.3rd FLOOR+23'-6"L.4th FLOOR+33'-6"L.5th FLOOR+43'-6"L.Grade (+ 5.5' n.a.v.d)0'-0"L.b.f.e.+11.0' n.a.v.d.L.2'-0" of Freeboard+13.0' n.a.v.d.L.6th FLOOR+53'-6"L.ROOF TOP+63'-6"L.ROOF TOP CANOPY+71'-6"PROPERTY LINE PROPERTY LINE PARKINGENTRYPARKINGEXITFROM B.F.E. + 2'OF FREEBOARD64'-0"7'-6"12'-8"53'-10"2'-0"76'-10" 16'-10"5'-10"10'-0"10'-10"10'-0"9'-2"5'-10"4'-4" 48'-6"0'-10"14'-6"1'-6"12'-8" 10'-8"3'-6"52'-4"2'-0" 68'-6"4'-4" 12'-8" 50'-10"8'-6" CLEARANCE13'-2" CLEARANCE13'-2" 76'-10" 78'-0"FIRST HABITABLEFLOOR FROM B.F.E6'-0"ROOF TOPCANOPY8'-0"CONCRETECANOPY24" (H)PLANTER2'-0"7'-0"ALUM.LOUVERSALUM.LOUVERSALUM.LOUVERSALUM.LOUVERSALUM.LOUVERSALUM.LOUVERS6'-0"2'-0"4'-8"FOUNTAIN7'-0"5'-8"53'-10"6'-4"4'-0"MARINABOARDWALKACCESS24" (H)PLANTERPEDESTRIANACCESSPEDESTRIANACCESSPEDESTRIANACCESSPEDESTRIANACCESS12345678910111234567891011L.Grade (+ 5.5' n.a.v.d)0'-0"L.b.f.e.+11.0' n.a.v.d.L.2'-0" of Freeboard+13.0' n.a.v.d.L.2nd FLOOR+13'-6”L.3rd FLOOR+23'-6"L.4th FLOOR+33'-6"L.5th FLOOR+43'-6"L.6th FLOOR+53'-6"L.ROOF TOP+63'-6"L.ROOF TOP CANOPY+71'-6"MARINABOARDWALKACCESSPROPERTY LINE PROPERTY LINEFROM B.F.E. + 2'OF FREEBOARD64'-0"7'-6"FROM GRADE71'-6"6'-8"10'-10"10'-0"10'-0"10'-0"10'-0"3'-0"3'-6"2'-0"68'-6"66'-6" 12'-5"54'-1"6'-4" 68'-6" 12'-8"60'-2"4'-0" 72'-0"FIRST HABITABLEFLOOR FROM B.F.E6'-0"ROOF TOPCANOPY8'-0"ALUM.LOUVERS3'-0"(H)PLANTERCABANASALUM.PERGOLAALUM.LOUVERALUM.LOUVERALUM.LOUVER24" (H)PLANTER24" (H)PLANTER24" (H)PLANTER24" (H)PLANTER24" (H)PLANTER24" (H)PLANTER24" (H)PLANTER6'-0"LOUVERCLEARANCE8'-0"PEDESTRIANACCESSCLUBROOMACCESSCLUB DECKSEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE ELEVATIONS17.0SCALE: 1"=10'FRONT ELEVATION27.0SCALE: 1"=10'REAR ELEVATIONJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-7.01 DDCCBBAAL.Grade (+ 5.5' n.a.v.d)0'-0"L.b.f.e.+11.0' n.a.v.d.L.2'-0" of Freeboard+13.0' n.a.v.d.L.2nd FLOOR+13'-6”L.3rd FLOOR+23'-6"L.4th FLOOR+33'-6"L.5th FLOOR+43'-6"L.6th FLOOR+53'-6"L.ROOF TOP+63'-6"L.ROOF TOP CANOPY+71'-6"EAST SHOREDRIVEFROM B.F.E. + 2'OF FREEBOARD64'-0"7'-6"FROM GRADE71'-6"5'-8"57'-4"2'-0" 72'-0" 12'-8"53'-10"2'-0"6'-4"2'-0" 1'-2" 78'-0" 12'-5" 72'-2"FIRST HABITABLEFLOOR FROM B.F.E6'-0"ROOF TOPCANOPY8'-0" 7'-0"DUMPSTERALUM.PERGOLAALUM.LOUVERSALUM.LOUVERS7'-0" 7'-0"5'-8"24" (H)PLANTERDRIVEWAYCLUB DECKL.Grade (+ 5.5' n.a.v.d)0'-0"DDCCBBAAL.b.f.e.+11.0' n.a.v.d.L.2'-0" of Freeboard+13.0' n.a.v.d.L.2nd FLOOR+13'-6”L.3rd FLOOR+23'-6"L.4th FLOOR+33'-6"L.5th FLOOR+43'-6"L.6th FLOOR+53'-6"L.ROOF TOP+63'-6"L.ROOF TOP CANOPY+71'-6"EAST SHOREDRIVEFROM B.F.E. + 2'OF FREEBOARD64'-0"7'-6"FROM GRADE71'-6"12'-8"50'-10"5'-0"8'-4"1'-2" 70'-0" 4'-8"56'-10"3'-4" 12'-5"56'-1"4'-4" 68'-6" 8'-0"FIRST HABITABLEFLOOR FROM B.F.E6'-0"ALUM.LOUVERS6'-0" VINYLFENCE8'-0" 6'-0"6'-8"55'-10"8'-4"24" (H)PLANTER24" (H)PLANTERCLUB DECKSEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE ELEVATIONS17.1SCALE: 1"=10'NORTH SIDE ELEVATION27.1SCALE: 1"=10'SOUTH SIDE ELEVATIONJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-7.11 SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE COLOR ELEVATIONS17.2N.T.S.FRONT ELEVATION27.2N.T.S.REAR ELEVATIONJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-7.21 SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE COLOR ELEVATIONS17.3N.T.S.NORTH SIDE ELEVATION27.3N.T.S.SOUTH SIDE ELEVATIONJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-7.31 H57H56H55H52H54H53vp2425VP23Hvp34vp42vp40vp38vp36vp26vp28vp30vp3243VP41VP39VP37VP35VP33VP31VP29VP27VP22H2VP4VP6VP8VP10VP12VP14VP16VP20VP1VP3VP5VP7VP9VP11VP13VP15VP17VP19VP18VP21Hvp31vp28vp37vp35vp33vp30vp36vp34vp32vp39vp38vp41vp42vp40H 10 H 9 H 8 vpvpH19H18H17H49H51H50H26H 16 H 15 H 14 H25H24H 1 1 2 3 4 5 7 9 10 CC 1 2 3 4 5 7 9 10 6 6 8 8 DD BB AA 1 2 3 45678 15 14 13 1211109 16 12345678 151413121110916 11 11 ELEV.ELEV.14'-0" SETBACKBOARDWALK BOARDWALK 14'-0" SETBACKEAST SHORE DRIVEPOINSETTIA STREET 14'-0" SETBACK14'-0" SETBACKH 3 H 2 H45H46H48H47H44H43H23H22H21H20H 13 H 12 H 11 H 7 H 6 H 5 H 4 1 2 3 4 5 6 7 8 9 10 11 272912 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 30 29 28 27 26 25 24 23 22 21 20 1 2 3 4 5 6 7 8 9 10 11 12 13 26 25 24 23 22 21 20 19 18 17 16 15 14 27 P H P P P P PPP P P P P H H H H H H H H H H H H H H H H H H H H 1A-8.3 1 A-8.1 1 A-8.2 SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVENORTHJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-8.011A-8.0SCALE: 1"=20"ENLARGED FLOOR PLANS - KEY PLANENLARGED 1st FLOOR PLAN - KEY PLAN H57H56H55H52H54H53 vp31vp28vp37vp35vp33vp30vp36vp34vp32vp39vp38vp41vp42vp40H10H9H8vpvpH19H18H17H49H51H50H26H16H15H14H25H24H1123457910CC1234579106688DDBBAA12345678151413121110916123456781514131211109161111ELEV.ELEV.14'-0" SETBACK BOARDWALKBOARDWALK14'-0" SETBACK EAST SHORE DRIVE14'-0" SETBACK 14'-0" SETBACKH3H2 H45H46H48H47H44H43H23H22H21H20H13H12H11H7H6H5H412345678910 11 272912 13 14 15 16 1230127PHHHH18'-0"24'-0"1'-6"10'-0"18'-0"1'-6"11'-6"17'-0"27'-0"2'-8"27'-0"1'-6"9'-0"18'-0"3'-0"27'-0"3'-6"27'-0"1'-6"27'-0"3'-6"27'-0"2'-9"27'-0"1'-6"27'-0"1'-6"18'-0"1'-6"18'-0"1'-6"18'-0"24'-10"9'-0"1'-6"18'-0"2'-6"27'-0"21'-0"20'-0"18'-114"20'-0"18'-0"24'-0"18'-0"16'-3"18'-0"24'-0"10'-0"5'-0"42'-6"6'-0"12'-3"30'-0"12'-9"10'-0"23'-0"20'-9"18'-0"5'-0"5'-0"18'-0"24'-0"18'-0" 18'-0"18'-0"27'-0"36'-0" 9'-0"4'-0"81'-0" 9'-0"18'-0"24'-0"18'-0" 20'-0"9'-6"24'-0"34'-0"13'-4"50'-0"17'-0"23'-034"25'-4"18'-0"27'-0"276'-9"R3'-0"R3'-0"R15'-0"ROOFABOVE2nd FLOOR ABOVE2nd FLOORABOVE2nd FLOOR ABOVE2nd FLOOR ABOVE2nd FLOOR ABOVE2nd FLOOR ABOVECONCRETE CANOPY ABOVE16'-4"11'-11"R5'-0"SEA WALLSEA WALLSEA WALLWHEELCHAIR LIFT16'-0"18'-6"81'-10"30'-0"36'-0"9'-6" 14'-11"4'-0"10'-5"25'-6"5'-0"58'-0"22'-0"57'-0"R4'-0"7'-0"5'-0"8'-0"7'-0"11'-6"5'-0"17'-0"2'-6"28'-4"POOLLOBBYPOOLDECKCABANASJAC.UP TOCLUBROOMMARINA BOARDWALK ACCESS STORAGESTORAGECLUB ROOMSTORAGE3'-6" 21'-0"4'-0"5'-0"8'-3"5'-2"8'-3"10'-0"SIDEWALK2'-1"18'-0"29'-0"1'-6"29'-0"1'-6"18'-0"18'-0"13'-0"33'-0"40'-0"4'-0" 41'-23 4"3'-6"R15'-0"R15'-0"R5'-0"R5'-0"5'-0"5'-0"R20'-0"22'-0"81'-7"2'-0"BIKE RACKBIKE RACKBIKE RACK117'-414"30'-5"177'-034"105'-914"27'-1012"189'-612"GROUNDCOVERGROUNDCOVER18'-0"9'-0"12'-0"18'-0"5'-0"9'-0"9'-0"9'-0"9'-0"9'-0"R 1 5 ' - 0 "R15'-0"4'-0"6'-0"16'-6"5'-0"GROUND COVERGROUNDCOVERNO BOATSLIPNO BOATSLIP15'-0"15'-0"15'-0"15'-0"REQUIREDSETBACK14'-0"BUILDINGSETBACK27'-9"REQUIREDSETBACK0'-0"BUILDINGSETBACK5'-334"REQUIREDSETBACK14'-0"BUILDINGSETBACK41'-034"PARKINGSURFACESETBACK5'-034"TRASHRECEP.PLANTERBENCHBENCHBENCHTRASHRECEP.BENCHFOUNTAINTRASHRECEP.BENCHTRASHRECEP.BENCHBENCHTRASHRECEP.BENCHTRASHRECEP.TRASHRECEP.PLANTERBENCHBENCHBENCHBENCHGROUNDCOVERDUMPSTERAREAMARINA BOARDWALK ACCESS 1'-0"10'-0"10'-0"SIDEWALK2'-0"10'-0"SIDEWALK10'-0" 1'-0" 10'-0"CONCRETECROSSWALKCONCRETECROSSWALKCONCRETECROSSWALK6'-0"PARKINGSURFACESETBACK16'-3"EXISTING DOCKTO BE REMOVEDR1 5 ' - 0 "SEA WALLSEA WALLRAMP3'-0"5'-0"3'-0"EXIT ONLYENTRY ONLY8'-4"20'-514"5'-0"5'-6"6'-0"RAMPRAMPALUM. LOUVERALUM. LOUVERALUM. LOUVERALUM. LOUVERPERGOLA &LOUVERPERGOLA &LOUVERPERGOLA &LOUVERPERGOLA &LOUVERPLANTER6'-0" VINYLFENCEHANGINGALUM.LOUVERHANGINGALUM.LOUVERHANGINGALUM.LOUVERHANGINGALUM.LOUVERSEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE ENLARGED 1st FLOOR PLAN (BUILDING)NORTH1A-8.1SCALE: 1"=10'ENLARGED 1st FLOOR PLAN (BUILDING)JAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-8.111 1 2 3BOARDWALK 12345 6 7 8 9 10 11 12 13 14 15 16 17 18 19 30292827 26 25 24 23 22 21 20 1234 5 6 7 8 9 10 11 12 13 262524 23 22 21 20 19 18 17 16 15 14 27 PHP P P P PPP P P P P HH H H H H H H H H H H HHH H HHH H 13'-4"50'-0"SEA WALL SEA WALL16'-0"18'-6"81'-10"30'-0"R4'-0"8'-0"CLEARWATERHARBOR MARINA 76'-0"42'-8"262'-214"20'-0"20'-0"4'-0"30'-6"31'-0"4'-0"31'-0"35'-0"4'-0"15'-6"40'-0"40'-0"61'-6"6'-0"31'-0" 40'-0" 13'-0"33'-0"40'-0"4'-0"41'-234"20'-0"7'-0"17'-6"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"40'-0" 4'-0"16'-0"4'-0"33'-0"4'-0" 117'-414"30'-5"105'-914"27'-1012"4'-0"30'-0"6'-0"4'-0"4'-0"6'-0"16'-6"5'-0"33'-6"4'-0" GROUND COVER NO BOATSLIPNO BOATSLIP15'-0"15'-0"15'-0"PLANTER BENCHBENCH EXISTING DOCKTO BE REMOVED 00 P H Indicates Boat Slip number Public Boat Slip......... Hotel Boat Slip......... 22 Boat Slip 35 Boat Slip Total 57 Boat Slip Provided: Required: 1 vehicular prkg. sp. per 2 Public boat slips MARINA BOAT SLIPS & PARKING Marina vehicular prkg. sp. ..11 Parkg. Spaces SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE ENLARGED 1st FLOOR PLAN (MARINA)NORTH1A-8.2SCALE: 1"=10'ENLARGED 1st FLOOR PLAN (MARINA)JAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-8.211 vp2425VP23Hvp34vp42vp40vp38vp36vp26vp28vp30vp3243VP41VP39VP37VP35VP33VP31VP29VP27VP22H2VP4VP6VP8VP10VP12VP14VP16VP20VP1VP3VP5VP7VP9VP11VP13VP15VP17VP19VP18VP21H2 3 4 5 7 6 8 1 2 3 4 5 6 7 8 15 14 13 12 11 10 9 16 ELEV. ELEV. EAST SHORE D R I V E POINSETTIA STREET 18'-114"20'-0"10'-0"5'-0"42'-6"6'-0"12'-3"30'-0"20'-9"18'-0"5'-0"5'-0"18'-0"9'-0"4'-0"R3'-0" R3'-0" ROOF ABOVE CONCRETE CANOPY ABOVE 16'-4"11'-11"R5'-0"5'-0"115'-9"100'-0"115'-9"LOBBY STORAGESTORAGE 100'-0" 3'-6"R15'-0"R1 5 ' - 0 "R5'-0"R5' -0 " 5'-0"5'-0"R20'-0" 16'-0"18'-0"24'-0" 16'-0"15'-4"5'-012" 5'-0"9'-0"9'-0"18'-0"9'-0"99'-0"11'-012"13'-4"18'-0" 31'-4" 5'-012" 2'-0" BIKE RACK BIKE RACK9'-0"16'-0"9'-0"18'-0"9'-0"16'-0"2'-634"5'-734"GROUND COVER GROUND COVER 24'-0"38'-1134" GROUND COVER REQUIRED SETBACK 5'-0" PROPOSED SETBACK 5'-012" REQUIREDSETBACK5'-0" REQUIRED & PROPOSED SETBACK 5'-0" REQUIRED& PROPOSEDSETBACK5'-0"18'-0"16'-0"8'-6"BENCH TRASH RECEP. FOUNTAIN GROUND COVER 10'-0" SIDEWALK 1'-0"10'-0"CONCRETE CROSSWALK 10'-0" SIDEWALK 10'-0" SIDEWALK CONCRETE CROSSWALK CONCRETE CROSSWALK 6'-0"1'-0"10'-0"1'-0"10'-0"R15 '-0 "R15'-0"18'-0" PROPOSED SETBACK 5'-0" 10'-0"SIDEWALK1'-0"10'-0"RAMP 3'-0"5'-0" 3'-0" ENTRY ONLY 5'-0"6'-0" RAMP RAMP HANGING ALUM. LOUVER HANGING ALUM. LOUVER HANGING ALUM. LOUVER VEHICULAR USE AREAINTERIOR LANDSCAPE AREAVEHICULAR LANDSCAPE BUFFER AREATOTAL9,275.21 S.F.1,696.48 S.F.527.53 S.F.11,499.22 S.F.00H00VP00HREGULAR PARKING SPACEFOR VALET PARKING USEREGULAR PARKING SPACEHANDICAP PARKING SPACEPARKING LEGENDSEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE ENLARGED 1st FLOOR PLAN (PARKING LOT)NORTH1A-8.3SCALE: 1"=10'ENLARGED 1st FLOOR PLAN (PARKING ACROSS STREET)JAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-8.32A-8.3SCALE: 1"=20'SURFACE PARKING LOT AREAS11 12345678KIT.LIVINGBALCONYM.BDR.BATHR.HALLLIVING11'-3"5'-6"3'-4"5'-0"14'-0"2'-6"4'-5"4'-0"32'-9"5'-0"14'-3"12'-0"8'-0"6'-3"4'-0"7'-7"14'-3"12'-5"12'-0"5'-0"5'-0"3'-10"8'-0"6'-2"6'-0"4'-4"5'-10"5'-0"6'-11"5'-0"11'-10"8'-11"5'-0"4'-0"8'-0"0'-6"11'-1"11'-1"3'-8"6'-7"6'-11"LIVING/DENM.BDR.M.BATHR.LIVINGKIT.BATHR.BDR.BALCONYW/D12'-10"5'-0"1'-10"9'-2" 11'-0"2'-0"3'-5"3'-5" 2'-0"8'-4"3'-0"10'-11" 5'-0"3'-0" 2'-0"15'-7"8'-0"4'-10"5'-2"11'-3"5'-0"2'-6"4'-4"10'-10"3'-10"14'-0"13'-1"2'-0"1'-0"12'-0"1'-0"4'-0"6'-0"3'-11"1'-9"14'-9"14'-9"13'-0"4'-7"2'-6"1'-0"15'-1"11'-0" 4'-7"4'-10"2'-0"M.BDR.LIVINGM.BATHR.BDR.BATHR.KIT.BALCONYW/D12'-10"5'-0"1'-10"9'-2" 2'-0"3'-5"4'-7" 2'-0"8'-4"3'-0"10'-11" 5'-0"3'-0" 2'-0"15'-7"8'-0"5'-0"11'-3"5'-2"4'-4"10'-10"3'-10"14'-0"13'-1"2'-0"1'-0"12'-0"1'-0"4'-0"6'-0"3'-11"1'-9"14'-9"14'-9"13'-0"4'-7"2'-6"1'-0"1'-0"15'-1"11'-0"4'-10"3'-5"2'-6"151413121110916M.BDR.BDR.LIVINGDININGKIT.BATHR.M.BATHR.W/DBALCONY17'-0"22'-0"4'-4"6'-0"11'-8"1'-6"15'-6"3'-6"12'-0"1'-11"6'-11"13'-0"1'-0"17'-5"3'-0"3'-11"9'-0"4'-0"10'-1"0'-5"3'-0"6'-10"5'-5"8'-7"4'-5"9'-10"5'-0"2'-0"11'-0"2'-0"10'-10" 4'-0" 0'-5" 8'-5" 13'-8" 3'-4"2'-11"2'-8"4'-9" 9'-5"4'-3"3'-8"8'-9" 3'-0"11'-1"5'-0"2'-6"3'-4"2'-0"5'-0" 8'-0"8'-8"9'-0" 22'-5"5'-0"1'-2"M.BDR.BDR.LIVINGKIT.BATHR.M.BATHR.W/DBALCONY15'-0"22'-0"4'-4"6'-0"11'-8"1'-6"13'-6"1'-3"12'-0"1'-11"6'-11"13'-0"15'-2"3'-0"3'-11"9'-0"4'-0"7'-3"3'-0"6'-10"5'-5"8'-7"4'-5"9'-10"5'-0"2'-0"11'-0"2'-0"10'-10" 4'-0"8'-5" 13'-8" 3'-0"10'-8" 9'-11"3'-9"3'-8"8'-9" 3'-0"11'-1"5'-0"2'-6"3'-4"2'-0"5'-0" 8'-0"8'-8"9'-10" 1'-2"5'-0"22'-5"1246812133579101415C1112345678M.BDR.LIVINGM.BATHR.BDR.BATHR.KIT.BALCONYW/D1'-0"1'-0"12'-10"4'-2"3'-3"8'-7"11'-0"3'-5"3'-5"2'-0"8'-4"3'-0"10'-11"5'-0"3'-0"2'-0"15'-7"8'-0"5'-0"11'-3"5'-2"6'-10"9'-8"3'-5"14'-0"11'-1"2'-0"1'-0"12'-0"1'-0"2'-0"6'-0"3'-11"14'-9"14'-9"14'-9"4'-7"2'-6"13'-1"4'-10"4'-7"2'-0" SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE1A-9.0SCALE: 1/4" = 1'-0”TYPICAL UNIT #1 (2nd thru 6th Floor)2A-9.0SCALE: 1/4" = 1'-0”TYPICAL UNIT #2&3 (2nd thru 6th Floor)3A-9.0SCALE: 1/4" = 1'-0”TYPICAL UNIT #4 (2nd thru 6th Floor)5A-9.0SCALE: 1/4" = 1'-0”TYPICAL UNIT #6 (2nd thru 6th Floor)6A-9.0SCALE: 1/4" = 1'-0”TYPICAL UNIT #7 (2nd thru 6th Floor)KEY PLANJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-9.04A-9.0SCALE: 1/4" = 1'-0”TYPICAL UNIT #5 (2nd thru 6th Floor)1 ENLARGED UNITS FLOOR PLANS W/DKIT.BATHR.DENM.BATHR.M.BDR.LIVINGBALCONY1'-3"1'-0"1'-0"12'-10"5'-0"1'-10"9'-2" 2'-0"3'-5"3'-5" 2'-0"8'-4"3'-0"10'-11"5'-0"3'-0" 2'-0"15'-7"8'-0"6'-10"5'-0"11'-3"5'-2"4'-4"10'-10"3'-10"14'-0"13'-1"2'-0"1'-0"12'-0"1'-0"3'-5"6'-0"3'-11"1'-9"15'-0"14'-9"13'-0"4'-7"2'-6"15'-1"4'-10"4'-7"11'-0"2'-6"W/DBDR.BATHR.KIT.LIVINGM.BDR.BALCONYM.BATHR.12'-10"5'-0"1'-10"9'-2" 2'-0"3'-5"3'-5" 2'-0"8'-4"3'-0"10'-11"5'-0"3'-0" 2'-0"15'-7"8'-0"2'-0"4'-11"5'-2"11'-3"5'-0"4'-4"10'-10"3'-10"14'-0"13'-1"2'-0"1'-0"12'-0"1'-0"4'-0"6'-0"3'-11"1'-9"14'-5"14'-9"13'-0"4'-7"2'-6"15'-1"11'-0"4'-10"4'-7"2'-6"1246812133579101415C11M.BDR.M.BATHR.BATHR.LIVINGKIT.LIVINGBALCONYHALLBATHR.LIVING6'-11"5'-0"8'-0" 19'-11" 3'-0"7'-10"3'-0"6'-1" 2'-0"5'-0"2'-7"6'-6" 7'-0"5'-0"11'-1"6'-0" 5'-5"6'-8"4'-5"4'-5"6'-0"12'-10"8'-0"6'-7"5'-0"10'-0"16'-9"15'-9"2'-6"3'-0"2'-0"14'-10"8'-0"5'-0"31'-2"3'-4"8'-9"10'-6"2'-0"23'-3"12'-6"42'-10"6'-0"0'-6" 7'-9" 5'-0" 5'-0" 7'-4"9'-0"21'-3"W/D123456712345678910111213141516BATHR.OFFICECLUB ROOMKIT.BALCONY2'-0"15'-7"8'-0"2'-0"4'-11"4'-4"1'-0"4'-7"2'-6"14'-0"7'-11"7'-7"4'-6"9'-6"1'-4"6'-7"13'-11"6'-7"7'-8"12'-6"2'-0"30'-0"TIKI BAR11'-2"7'-6"17'-11"13'-2"4'-6"5'-0"22'-7"10'-8"6'-6"12'-6"16'-7"29'-6"21'-3"7'-1"8'-0"4'-10"90.00°8'-5"0'-9"6'-2"0'-8"1'-0"4'-0"8'-4"17'-8"0'-6"0'-6"7'-6"4'-0"5'-1"2'-0"3'-0"1'-7"4'-0"DN. TOPOOLDECK2'-0"2'-6"8LIVINGM.BATHR.BDR.BATHR.KIT.W/DM.BDR.BALCONY2'-0"4'-10"11'-3"5'-0"4'-4"18'-3"10'-10"14'-0"2'-0"12'-6"1'-3"12'-0"1'-9"13'-4"15'-0"4'-6"6'-0"4'-6"3'-0"5'-0" 15'-7"2'-6" 3'-0"10'-11"5'-0"3'-0"5'-2"8'-4" 4'-7"2'-0" 11'-0"3'-5"2'-0"3'-5"4'-10"4'-7"3'-0" 9'-2"1'-10"5'-0"12'-10"15'-0"15'-0"2'-6"2'-0" SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE ENLARGED UNITS FLOOR PLANS KEY PLAN2A-9.1SCALE: 1/4" = 1'-0”TYPICAL UNIT #9&10 (2nd thru 6th Floor)4A-9.1SCALE: 1/4" = 1'-0”TYPICAL UNIT #11 & 12 (2nd thru 6th Floor)5A-9.1SCALE: 1/4" = 1'-0”TYPICAL UNIT #13 (2nd thru 6th Floor)3A-9.1SCALE: 1/4" = 1'-0”(11) CLUB ROOM (2nd Floor)JAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-9.11A-9.1SCALE: 1/4" = 1'-0”TYPICAL UNIT #8 (2nd thru 6th Floor)1NOTE:ON THE 2nd FLOOR UNIT# 11 IS REPLACED BY THECLUB ROOM). BALCONYLIVING/DENBATHR.KIT.M.BATHR.M.BDR.LIVING31'-2"5'-0"11'-10"2'-0"7'-0"9'-0"11'-10"9'-5"5'-0"5'-0"13'-5"2'-10"3'-0"2'-0"4'-7"4'-5"19'-6"3'-3"4'-0"3'-9"8'-0"0'-6"4'-0"4'-5"11'-1"8'-0"3'-4"7'-9"11'-9"2'-4"5'-0"5'-0"2'-0"12'-1"7'-4"9'-0"21'-3"5'-0"11'-10"2'-0"7'-0"9'-0"4'-0"1246812133579101415C11BALCONYKIT.M.BATHR.M.BDR.LIVING5'-0"11'-10"2'-0"7'-0"9'-0"5'-0"11'-10"2'-0"7'-0"9'-0"11'-10"9'-5"6'-0"5'-0"11'-10"8'-11"5'-0"4'-0"19'-6" 3'-3"4'-0"3'-9"8'-0" 0'-6" 4'-0"4'-5"11'-1" 8'-0"11'-1" 4'-9"3'-8"6'-7" 12'-7" 6'-11"LIVING/DEN3'-0"2'-10"5'-0" SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE KEY PLAN1A-9.2SCALE: 1/4" = 1'-0”TYPICAL UNIT #14 (2nd thru 6th Floor)JAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-9.22A-9.2SCALE: 1/4" = 1'-0”TYPICAL UNIT #15 (2nd thru 6th Floor)1 ENLARGED UNITS FLOOR PLANS BUILDING FOOTPRINTLANSCAPE AREASWALKING AREASPARKING & VEHICULAR AREASWIMMING POOL & FOUNTAINMARINA BOARDWALKLEGEND:VEHICULAREXITVEHICULARENTRYMARINABOARDWALKACCESSPEDESTRIANACCESSPEDESTRIANACCESSPEDESTRIANACCESSSTAIRSVEHICULARDROP-OFF &PICK-UP ZONEEAST SHORE DRIVEPOINSETTIA AVENUECLEARWATERHARBORVEHICULARACCESSVEHICULARACCESS & EXITAMENITIESFOUNTAINDUMPSTERAREASTAIRSELEVATORSBICYCLE PARKINGBICYCLEPARKINGLOBBY10'-0"SIDEWALK10'-0"SIDEWALK10'-0"SIDEWALK10'-0"SIDEWALK10'-0"SIDEWALK10'-0"SIDEWALK10'-0"SIDEWALKBUILDING FOOTPRINTLEGEND:PARKING & VEHICULAR AREABOARDWALKBOARDWALKMARINA BOARDWALK ACCESS POOLPOOL DECKPOOL DECKEAST SHORE DRIVEPOINSETTIA AVENUECLEARWATERHARBORREQUIREDSETBACK14'-0"REQUIREDSETBACK14'-0"PROPOSEDBUILDINGSETBACK41'-034"PROPOSEDBUILDINGSETBACK27'-9"PROPOSEDBUILDINGSETBACK5'-334"15'-0"15'-0"15'-0"PARKINGSURFACESETBACK5'-34"PARKINGSURFACESETBACK16'-3"PARKINGSURFACESETABACK5'-214"REQUIREDSETBACK5'-0"REQUIREDSETBACK5'-0"REQUIREDSETBACK5'-0"REQUIREDSETBACK5'-0"NORTH1A-1.0SCALE: 1"=20"CONCEPTUAL SITE PLAN2A-1.0SCALE: 1"=20"BUILDING SETBACKSNORTHSEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE CONCEPTUAL SITE PLANJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018DAA-1.01 SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE BUILDING MASSING STUDYJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018DAA-2.01 SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE BUILDING MASSING STUDYJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018DAA-2.11 SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE BUILDING MASSING STUDYJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018DAA-2.21 SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE BUILDING MASSING STUDYJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018DAA-2.31 SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE RENDERINGMARINA BOARDWALK ACCESSCLEARWATER HARBOR ELEVATIONSWIMMING POOL AREAFRONT ELEVATION (EAST SHORE DR)JAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018DAA-2.41 Resolution No. 20-41 RESOLUTION NO. 20-41 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AMENDING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND 411 ES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City and the Developer are parties to that certain Hotel Density Reserve Development Agreement (the “Agreement”) dated July 22, 2019, and the Agreement is attached as Exhibit “1;” and WHEREAS, the City and the Developer desire to extend the deadline by which time site plan approval must be obtained as otherwise required by the Agreement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The First Amendment to the Hotel Density Development Agreement between the City of Clearwater and East Shore International Enterprises, LLC and 411ES, LLC, a copy of which is attached as Exhibit “2” is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submit a recorded copy of the Amended Development Agreement to the state land planning agency no later than fourteen (14) days after the Development Agreement is recorded. PASSED AND ADOPTED this _______ day of _____________, 2020. ____________________________ Frank Hibbard Mayor Approved as to form: Attest: __________________________ _____________________________ Michael P. Fuino Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: #9410-20 & 9411-20 Agenda Date: 9/17/2020 Status: City Manager ReportVersion: 1 File Type: OrdinanceIn Control: Office of Management & Budget Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Amend the City’s fiscal year 2019/20 operating and capital improvement budgets at third quarter and pass Ordinances 9410-20 and 9411-20 on first reading. SUMMARY: The fiscal year 2019/20 operating and capital improvement budgets were adopted in September 2019 by ordinances 9323-19 and 9324-19. Section 2.521 of the City’s Code of Ordinances requires the City Manager to prepare a quarterly report detailing income, expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all capital improvement projects. Page 1 City of Clearwater Printed on 9/17/2020 Third quarter Budget Review Fiscal Year 2019-20 City Manager's Transmittal Memorandum TO: Mayor and City Council FROM: Bill Horne, City Manager COPIES: Micah Maxwell, Assistant City Manager Michael Delk, Assistant City Manager Department Directors SUBJECT: Third quarter budget review - amended City Manager's annual budget report DATE: September 3, 2020 Attached is the third quarter budget review in accordance with the City Code of Ordinances. The report is based on nine months of activity (October 2019 through June 2020) in this fiscal year; and comments on major variances, as well as documents all proposed amendments. Significant Fund amendments are outlined below: General Fund General Fund revenue and expenditure amendments reflect a net decrease of $972,515. The General Fund expenditure increase at third quarter includes the Council approved appropriation of General Fund reserves of $170,857 to fund the Police Body Worn Camera program, and $130,000 to fund the Hilltop agreement in the Miscellaneous Parks Contracts project. Other amendments include a net decrease of $9,563 to Police and Fire supplemental pension to bring the budget in line with actual revenues and expenditures; an increase of $34,560 to overtime in the Fire Department offset by reimbursement revenues from Pinellas County; a net decrease of $1,445,000 to Parks and Recreation expenditures to offset losses in revenues; and an increase of $146,631 in the Police Department for expenditures related to Coronavirus response offset by revenues recognizing grant funding from the US Department of Justice. In addition, various revenues are amended at third quarter which will bring the budget in line with anticipated receipts for the year. Adjusted for the net decrease in expenditures noted above, this results in a surplus of $1,199,827 returned to General Fund reserves at third quarter. This works to restore a portion of the contribution to reserves that was planned in the fiscal year 2019/20 budget, estimating a total transfer of $1,897,170 to reserves for the year. General Fund Reserves – In order to ensure adequate reserves, the City Council’s policy reflects that General Fund unappropriated fund reserves of 8.5% of the City’s budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. Third quarter Budget Review Fiscal Year 2019-20 City Manager's Transmittal With the closing of the year-end 2019 books, estimated General Fund reserves at third quarter are approximately $39.1 million, or 25.8% of preliminary fiscal year 2020/21 General Fund budget, exceeding our minimum reserve requirement by $26.3 million. Significant amendments to other city operating funds are noted as follows. Gas Fund Third quarter amendments to Gas Fund expenditures reflect a net decrease of $1,107,000. Significant amendments include a net increase of $223,860 in personnel costs; a net decrease of $1,370,770 in operating expenditures primarily due to decreases to inventory/fuel purchases; and a net increase of $39,910 to internal service costs. Expenditure amendments are offset by amendments to Gas Fund revenues. Airpark Fund Airpark Fund expenditures are increased by $10,000 at third quarter representing transfers of $5,000 to the Airpark Replacement of Hangar C project and $5,000 to the FDOT Security Guard Building. This expenditure increase is offset by revenues budgeted in the Airpark Fund. Capital Improvement Program Third quarter amendments to the capital improvement program reflect a net decrease of $1,421,666. Amendments previously approved by Council include an increase of $250,000 in Gas Fund revenues in the Gas Main Extensions project; and increase of $130,000 of General Fund revenues in the Miscellaneous Parks Contracts project; and an increase of $35,000 in surplus sale revenues in the Aerial Truck project. Project activity not previously approved by the Council is summarized on page 20. Significant amendments include an increase of $143,781 of Pinellas County fire reimbursement revenue in the Aerial Truck project; an increase of $37,930 in reimbursement revenues from FDOT in the Traffic Signals project; an increase of $35,227 of insurance proceeds in the Garage-Off Cycle Replacement project; increases of Airpark Fund revenues of $5,000 in the Replacement of Hangar C project and $5,000 in the Airpark FDOT Security Building project; a budget decrease of $363,602 in grant revenues in the Bicycle Paths/Bridges project; and a decrease of $1,700,000 of lease purchase revenue in the P25 Radio Equipment & Infrastructure Project. Special Program Fund The Special Program Fund reflects a net budget increase of $829,781 at third quarter. Significant amendments include the transfer of $170,857 of General Fund revenues for the Police Body Worn Camera program; $82,749 in FEMA reimbursements for hurricane Irma; $50,000 in revenue from the DDB in support of the Back-to-Business Grant Program; $39,500 in donation revenues to support Police and Library programs; $6,700 in foreclosure registry fees collected; $25,000 in revenues received for special events; $252,333 in fines and court proceeds for public safety programs, the lien foreclosure program, and the tree replacement program; and $202,642 in contractual service revenue for police extra duty. CITY OF CLEARWATER THIRD QUARTER SUMMARY 2019/20 FY 19/20 Third Variance % Adopted Quarter Third Qtr.YTD Actual vs.YTD vs.Third Qtr.Amended Description Budget Amended Actual Amend Budget Budget Adjustment Budget General Fund: Revenues 151,993,200 155,622,768 130,250,015 25,372,753 84%(972,515) 154,650,253 Expenditures 151,993,200 155,622,768 115,823,098 39,799,671 74%(972,515) 154,650,253 Utility Funds: Water & Sewer Fund Revenues 100,907,140 100,907,140 75,706,577 25,200,563 75%1,176 100,908,316 Expenditures 100,907,140 100,907,140 82,105,685 18,801,455 81%1,176 100,908,316 Stormwater Fund Revenues 22,821,340 22,821,964 13,632,686 9,189,278 60%- 22,821,964 Expenditures 22,821,340 22,821,964 18,628,093 4,193,871 82%- 22,821,964 Gas Fund Revenues 47,762,130 49,146,750 34,863,617 14,283,133 71%(1,357,000) 47,789,750 Expenditures 46,922,560 48,236,939 33,409,276 14,827,663 69%(1,107,000) 47,129,939 Solid Waste and Recycling Fund Revenues 26,920,400 27,280,342 21,706,707 5,573,635 80%- 27,280,342 Expenditures 26,439,080 27,280,342 19,059,389 8,220,953 70%- 27,280,342 Enterprise Funds: Marine Fund Revenues 5,164,400 5,164,400 3,582,475 1,581,925 69%- 5,164,400 Expenditures 5,058,860 5,058,860 3,157,367 1,901,493 62%- 5,058,860 Airpark Fund Revenues 342,680 342,680 260,328 82,352 76%- 342,680 Expenditures 280,690 290,987 202,675 88,311 70%10,000 300,987 Clearwater Harbor Marina Fund Revenues 885,820 885,820 691,222 194,598 78%- 885,820 Expenditures 821,500 821,500 608,211 213,289 74%- 821,500 Parking Fund Revenues 6,936,140 6,936,474 5,661,373 1,275,101 82%- 6,936,474 Expenditures 6,044,620 6,235,079 4,147,924 2,087,156 67%- 6,235,079 Internal Service Funds: General Services Fund Revenues 6,235,250 6,235,456 4,816,442 1,419,014 77%- 6,235,456 Expenditures 6,155,950 6,156,156 4,117,277 2,038,879 67%- 6,156,156 Administrative Services Revenues 12,996,930 12,997,139 9,582,724 3,414,415 74%- 12,997,139 Expenditures 12,765,760 12,765,969 8,860,494 3,905,475 69%- 12,765,969 Garage Fund Revenues 20,788,800 20,789,022 14,299,616 6,489,406 69%- 20,789,022 Expenditures 20,788,800 20,789,022 12,676,453 8,112,569 61%- 20,789,022 Central Insurance Fund Revenues 26,209,300 26,209,300 20,994,260 5,215,040 80%- 26,209,300 Expenditures 25,590,100 25,590,100 19,872,683 5,717,417 78%- 25,590,100 1 THIRD QUARTER REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2019-20 REPORT PAGE # General Fund Operating Budget ..................................................................................................... 3 Utility Funds Operating Budget ...................................................................................................... 7 Other Enterprise Funds Operating Budgets ................................................................................. 12 Internal Service Funds Operating Budgets ................................................................................... 16 Capital Improvement Program Budget ........................................................................................ 20 Special Program Fund Budget ....................................................................................................... 29 Special Development Fund ........................................................................................................... 35 Administrative Change Orders ...................................................................................................... 38 Ordinances ..................................................................................................................................... 39 The amended 2019/20 operating budget, presented by operating fund and/or department, is submitted for the City Council review. The actual and projected data contained in this review represents nine months, October 1, 2019 through June 30, 2020. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after June 30, 2020. Definitions associated with the operating funds information is presented as follows: Definitions: Adopted Budget The budget as adopted by the City Council on September 19, 2019. Variance YTD Actual vs. Adopted Budget Difference between adopted budget and year to date actual. % YTD vs. Budget Percentage of adopted budget expended, year to date. Proposed Amendments Adjustments that have been approved by the City Council, made at the Manager’s discretion, and/or adjustments proposed based on the third quarter review. Amended Budget Adding the Original Budget and Adjustments. 2 Capital Improvement Program The amended 2019/20 Capital Improvement Projects budget report is submitted for the City Council review. This review provides the opportunity to analyze the status of all active projects and present formal amendments to the project budget. The Capital Improvement Program and Special Program fund information is presented as follows: Definitions: Budget The budget as of October 1, 2019, which includes project budgets from prior years, which have not been completed. Amendment Amendments which have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed as a result of the third quarter review. Revised Budget Adding the Budget and Amendment columns. Encumbrance Outstanding contract or purchase order commitment. Available Balance Difference between revised budget and expenditure, plus encumbrance. Status C - project is completed Amend Ref Reference number for description of amendment. Increase/ (Decrease)Description Ad Valorem Taxes 322,140 At third quarter,approximately all property tax revenue has been received.The budget is increased by $322,140.00 to reflect actual collections for the year. 950,000 At third quarter,amendments to utility taxes revenues reflect a net increase of $950,000.00.Amendments include the following:an increase of $750,000.00 to electricity;an increase of $285,000.00 to water;a decrease of $75,000.00 to gas; and a decrease of $10,000.00 to propane. (200,000) At third quarter,amendments to local option,fuel and other taxes reflect a reduction of $200,000.00 to telecommunications taxes to bring the budget in line with anticipated receipts for the year. Franchise Fees 50,000 Amendments to franchise fee revenues reflect a net increase of $50,000.Amendments include,an increase of $125,000.00 to Duke Energy Fees and a decrease of $75,000.00 to gas franchise fees. Other Permits and Fees 230,000 At third quarter,amendments to other permits and fee revenues reflect an increase of $260,000.00 to building/sign permit revenues and a decrease of $30,000.00 to forfeited permit fees. Intergovernmental (1,485,927) Third quarter amendments to other governmental revenue reflect a net decrease of $1,485,927.00.This includes the following:an increase of $146,631.00 in grant revenue for Coronavirus emergency funding from the US Department of Justice (DOJ)which offset expenditure increases in the Police Department;a decrease of $240,000.00 to state revenue sharing;a decrease of $30,000.00 to beverage license revenues;a decrease of $1,400,000.00 to local 1/2 cent sales tax;a decrease of $9,563.00 to public safety supplemental pension revenue which offset expenditure amendments in the Police and Fire departments;an increase of $48,900.00 to Pinellas County library cooperative revenues,a decrease of $108,000.00 to fire tax,a decrease of $20,000.00 to EMS tax, and increases of $126,105.00 to county fire and EMS reimbursements.These amendments will bring the budget in line with anticipated revenues for the year. Local Option, Fuel & Other Taxes City of Clearwater General Fund Revenues Third Quarter Amendments FY 2019/20 Utility Taxes 3 Increase/ (Decrease)Description City of Clearwater General Fund Revenues Third Quarter Amendments FY 2019/20 Charges for Service (1,415,000) Amendments to charges for service reflect a net decrease of $1,415,000.00 This includes the following adjustments:an increase of $30,000.00 to fire inspection fees;decreases which net $1,000,000.00 to various parks and recreation fees; and decreases which net $445,000.00 to Pier 60 revenues. 160,000 Amendments to fines and forfeiture revenues reflect an increase of $100,000.00 to code enforcement fines,and $60,000.00 to red light camera fines.This will bring the budget in line with actual receipts for the year. Miscellaneous 88,770 At third quarter,amendments to miscellaneous revenues reflect an increase of $348,000.00 in ticket sales revenues from softball tournaments,and a decrease of $259,230.00 to surplus land sales for a correction to the mid year amendment for revenues that were due to the Stormwater Fund. 1,527,329 Third quarter amendments to transfer in revenues include an increase of $1,527,329.00 for additional dividends from the Gas Fund. Third quarter amendments reflect a surplus of $1,199,827 which will restore a portion of the planned transfer to General Fund reserves in fiscal year 2019/20 budget. Amendments, include the following allocations: 170,857 1)An appropriation of $170,857.00 from fund reserves to fund special program P2002,Police Body Worn Camera Program, as approved by the Council on August 6, 2020. 130,000 2)An appropriation of $130,000.00 from fund reserves to fund capital project 93618,Miscellaneous Parks and Recreation Contracts as approved by the Council on September 3, 2020. (1,500,684) 3)Third quarter amendments reflect a net surplus of $1,500,684.00.This represents the net of revenue amendments noted above and expenditure amendments. (1,199,827) (972,515) Judgments, Fines & Forfeitures Net General Fund Revenue Amendment Net Transfer (to) from Retained Earnings Transfer (to) from Surplus Transfers In 4 Increase/ (Decrease)Description (91,548) At third quarter, amendments to the Fire Department reflect an increase of $34,560.00 to overtime offset by revenues recognizing reimbursements from the County;and a decrease of $126,108.00 to fire supplemental pension plans, which is offset by an amendment decreasing supplemental pension revenue. (1,445,000) At third quarter,the Parks and Recreation budget reflects a net decrease of $1,445,000.00 to offset losses in revenues. Amendments include decreases of $850,000.00 to personnel costs;decreases of $340,000.00 to operating costs for reductions in utilities and purchases for resale;a decrease of $175,000.00 to garage service charges;and a decrease of $80,000.00 to debt costs. 263,176 At third quarter,amendments to the Police department include:an increase of $116,545.00 to the police supplemental pension plans which is offset by an amendment increasing supplemental pension revenue;and an increase of $146,631.00 to personnel costs and operating supplies related to Coronavirus response which is offset by an amendment recognizing grant funding from the US DOJ. Non-Departmental Amendments reflect City Council approved interfund transfers to special programs and capital projects as follows: 170,857 1)An allocation of $170,857.00 from fund reserves to special program P2002,Police Body Worn Camera Program, as approved by Council on August 6, 2020. 130,000 2)An allocation of $130,000.00 from fund reserves to capital project 93618,Miscellaneous Parks and Recreation Contracts for the Hilltop agreement as approved by Council on September 3, 2020. 300,857 (972,515) Police Net General Fund Expenditure Amendment Parks & Recreation Fire City of Clearwater General Fund Expenditures Third Quarter Amendments FY 2019/20 5 2019/20 Variance %2019/20 MY Amended Year to Date YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Amended Bud Budget Amendment Budget General Fund Revenues Ad Valorem Taxes 64,911,420 65,175,236 (263,816) 100%322,140 65,233,560 Utility Taxes 15,575,000 10,831,898 4,743,102 70%950,000 16,525,000 Local Option, Fuel and Other Taxes 6,614,400 4,527,425 2,086,975 68%(200,000) 6,414,400 Franchise Fees 10,010,000 6,196,810 3,813,190 62%50,000 10,060,000 Other Permits & Fees 2,739,000 2,388,212 350,788 87%230,000 2,969,000 Intergovernmental 23,499,780 14,509,127 8,990,653 62%(1,485,927) 22,013,853 Charges for Services 15,569,430 10,435,066 5,134,364 67%(1,415,000) 14,154,430 Judgments, Fines and Forfeitures 1,264,000 920,203 343,797 73%160,000 1,424,000 Miscellaneous Revenues 4,708,482 4,647,780 60,702 99%88,770 4,797,252 Transfers In 11,428,599 10,618,258 810,341 93%1,527,329 12,955,928 Total Revenues 156,320,111 130,250,015 26,070,096 83%227,312 156,547,423 Transfer (to) from Surplus (697,343) - (697,343) 0%(1,199,827) (1,897,170) Adjusted Revenues 155,622,768 130,250,015 25,372,753 84%(972,515) 154,650,253 General Fund Expenditures City Council 391,040 294,570 96,470 75%- 391,040 City Manager's Office 1,212,631 920,952 291,679 76%- 1,212,631 City Attorney's Office 1,770,829 1,240,511 530,318 70%- 1,770,829 City Auditor's Office 226,012 161,585 64,427 71%- 226,012 CRA Administration 459,557 342,879 116,678 75%- 459,557 Economic Development and Housing 1,907,626 1,440,534 467,092 76%- 1,907,626 Engineering 8,331,204 5,599,431 2,731,773 67%- 8,331,204 Finance 2,747,367 1,811,226 936,141 66%- 2,747,367 Fire 28,533,764 20,902,792 7,630,972 73%(91,548) 28,442,216 Human Resources 1,575,860 1,011,801 564,059 64%- 1,575,860 Library 7,871,950 5,830,576 2,041,374 74%- 7,871,950 Non-Departmental 14,575,832 14,159,624 416,209 97%300,857 14,876,689 Official Records and Legislative Svcs 1,224,070 874,087 349,983 71%- 1,224,070 Parks & Recreation 31,807,990 22,556,832 9,251,158 71%(1,445,000) 30,362,990 Planning & Development 6,571,820 4,361,252 2,210,568 66%- 6,571,820 Police 44,832,880 33,275,754 11,557,126 74%263,176 45,096,056 Public Communications 1,192,686 753,114 439,572 63%- 1,192,686 Public Utilities 389,650 285,578 104,072 73%- 389,650 Total Expenditures 155,622,768 115,823,098 39,799,671 74%(972,515) 154,650,253 For Nine Month Period of October 1, 2019 - June 30, 2020 GENERAL FUND THIRD QUARTER REVIEW 6 2019/20 Variance %2019/20 MY Amended Third Qtr.YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget WATER & SEWER FUND Water & Sewer Revenues: Charges for Service 90,630,120 68,101,354 22,528,766 75%- 90,630,120 Judgments, Fines and Forfeits 271,000 179,385 91,615 66%- 271,000 Miscellaneous 7,298,256 7,425,838 (127,582) 102%- 7,298,256 Transfers In - - - ~1,176 1,176 Fund Equity 2,707,764 - 2,707,764 0%- 2,707,764 Total Revenues 100,907,140 75,706,577 25,200,563 75%1,176 100,908,316 Water & Sewer Expenditures: Public Utilities Administration 1,665,960 1,174,083 491,877 70%1,176 1,667,136 Wastewater Collection 16,189,040 14,473,765 1,715,275 89%- 16,189,040 Public Utilities Maintenance 9,116,670 6,733,157 2,383,513 74%- 9,116,670 WPC / Plant Operations 30,107,300 24,421,361 5,685,939 81%- 30,107,300 WPC / Laboratory Operations 1,642,830 1,075,261 567,569 65%- 1,642,830 WPC / Industrial Pretreatment 939,740 586,488 353,252 62%- 939,740 Water Distribution 22,064,270 20,255,603 1,808,667 92%- 22,064,270 Water Supply 16,402,580 11,421,419 4,981,161 70%- 16,402,580 Reclaimed Water 2,778,750 1,964,548 814,202 71%- 2,778,750 Total Expenditures 100,907,140 82,105,685 18,801,455 81%1,176 100,908,316 Increase/ (Decrease)Amendment Description: Water and Sewer Fund Revenues:1,176 Water and Sewer Fund Expenditures:1,176 For the Nine Month Period of October 1, 2019 to June 30, 2020 UTILITY FUNDS THIRD QUARTER REVIEW At third quarter, anticipated revenues of the Water and Sewer Fund equal anticipated expenditures for fiscal year 2019/20. At third quarter revenues in the Water and Sewer Fund reflect an increase of $1,176.00 to transfer-in revenue to recognize safety award funding from the Central Insurance Fund. Expenditures reflect 81%of total budget due to transfers to the capital fund which happen in the first period of the year. Amendments include an increase of $1,176.00 to employee recognition for receipt of the 3rd quarter FY20 safety award. 7 2019/20 Variance %2019/20 MY Amended Third Qtr.YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2019 to June 30, 2020 UTILITY FUNDS THIRD QUARTER REVIEW STORMWATER FUND Stormwater Revenues: Charges for Service 16,928,900 12,785,387 4,143,513 76%- 16,928,900 Judgments, Fines and Forfeits 73,000 38,048 34,952 52%- 73,000 Miscellaneous 760,000 808,627 (48,627) 106%- 760,000 Transfers In 624 624 - 100%- 624 Fund Equity 5,059,440 - 5,059,440 0%- 5,059,440 Total Revenues 22,821,964 13,632,686 9,189,278 60%- 22,821,964 Stormwater Expenditures: Stormwater Management 16,642,580 14,255,358 2,387,222 86%- 16,642,580 Stormwater Maintenance 6,179,384 4,372,735 1,806,649 71%- 6,179,384 Total Expenditures 22,821,964 18,628,093 4,193,871 82%- 22,821,964 Increase/ (Decrease)Amendment Description: Stormwater Fund Revenues:- Stormwater Fund Expenditures:- At third quarter, anticipated revenues of the Stormwater Fund equal anticipated expenditures for fiscal year 2019/20. No amendments are proposed to Stormwater Fund revenues at third quarter. Stormwater Fundexpenditures reflect 82%of total budget due to transfers to the capital fund which happen in the first period of the year.No amendments are proposed to at third quarter. 8 2019/20 Variance %2019/20 MY Amended Third Qtr.YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2019 to June 30, 2020 UTILITY FUNDS THIRD QUARTER REVIEW GAS FUND Gas Revenues: Charges for Service 47,855,860 34,327,365 13,528,495 72%(1,356,000) 46,499,860 Judgments, Fines and Forfeits 132,000 74,313 57,687 56%(32,000) 100,000 Miscellaneous 1,158,890 461,939 696,951 40%31,000 1,189,890 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 49,146,750 34,863,617 14,283,133 71%(1,357,000) 47,789,750 Gas Expenditures: Administration & Supply 24,368,037 15,794,515 8,573,522 65%(1,357,560) 23,010,477 South Area Gas Operations 9,599,557 6,975,959 2,623,598 73%26,530 9,626,087 North Area Gas Operations 6,914,410 5,042,142 1,872,268 73%29,210 6,943,620 Marketing & Sales 7,354,935 5,596,659 1,758,276 76%194,820 7,549,755 Total Expenditures 48,236,939 33,409,276 14,827,663 69%(1,107,000) 47,129,939 Increase/ (Decrease)Amendment Description: Gas Fund Revenues:(1,357,000) Gas Fund Expenditures:(1,107,000) At third quarter, anticipated revenues of the Gas Fund exceed anticipated expenditures by $659,811 for fiscal year 2019/20. At third quarter, Gas Fund revenues reflect amendments which net a decrease of $1,357,000.00. Amendments include the following: 1) a net decrease of $1,356,000.00 in charges for service revenue representing reductions in various gas sales revenues; 2) a decrease of $32,000.00 in late payment fee revenue; and 3) a net increase of $31,000.00 to miscellaneous revenues. At third quarter expenditure amendments reflect a net decrease of $1,107,000.00. Amendments include: 1) a net increase of $223,860.00 in personnel costs; 2) a net decrease of $1,370,770.00 in other operating primarily due to decreases to inventory/fuel; and 3) a net increase of $39,910.00 to internal services primarily due to increases in garage services charges. 9 2019/20 Variance %2019/20 MY Amended Third Qtr.YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2019 to June 30, 2020 UTILITY FUNDS THIRD QUARTER REVIEW SOLID WASTE AND RECYCLING FUND Solid Waste Revenues: Other Permits and Fees 1,000 1,301 (301) 130%- 1,000 Charges for Service 23,659,000 18,868,802 4,790,198 80%- 23,659,000 Judgments, Fines and Forfeits 90,000 47,217 42,783 52%- 90,000 Miscellaneous 662,000 692,346 (30,346) 105%- 662,000 Transfers In - - - ~- - Solid Waste Revenues 24,412,000 19,609,666 4,802,334 80%- 24,412,000 Recycling Revenues: Other Permits and Fees 400 345 55 86%- 400 Intergovernmental - 82,964 (82,964) ~- - Charges for Service 2,350,000 1,829,190 520,810 78%- 2,350,000 Judgments, Fines and Forfeits 8,000 4,358 3,642 54%- 8,000 Miscellaneous 150,000 180,184 (30,184) 120%- 150,000 Transfers In - - - ~- - Recycling Revenues 2,508,400 2,097,041 411,359 84%- 2,508,400 - Fund Equity 359,942 359,942 0%- 359,942 Total Revenues 27,280,342 21,706,707 5,573,635 80%- 27,280,342 Solid Waste Expenditures: Collection 18,254,990 13,025,580 5,229,410 71%- 18,254,990 Transfer 2,278,360 1,383,920 894,440 61%- 2,278,360 Container Maintenance 941,510 691,154 250,356 73%- 941,510 Administration 1,963,122 1,642,941 320,181 84%- 1,963,122 Solid Waste Expenditures 23,437,982 16,743,595 6,694,387 71%- 23,437,982 Recycling Expenditures: Residential 1,426,960 962,211 464,749 67%- 1,426,960 Multi-Family 496,640 344,959 151,681 69%- 496,640 Commercial 1,918,760 1,008,624 910,136 53%- 1,918,760 Recycling Expenditures 3,842,360 2,315,794 1,526,566 60%- 3,842,360 Total Expenditures 27,280,342 19,059,389 8,220,953 70%- 27,280,342 At third quarter, anticipated revenues of the Solid Waste and Recycling Fund equal anticipated expenditures for fiscal year 2019/20. 10 2019/20 Variance %2019/20 MY Amended Third Qtr.YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2019 to June 30, 2020 UTILITY FUNDS THIRD QUARTER REVIEW SOLID WASTE AND RECYCLING FUND (continued) Increase/ (Decrease)Amendment Description: Solid Waste and Recycling Fund Revenues:- Solid Waste and Recycling Fund Expenditures:- No amendments are proposed to Solid Waste and Recycling Fund revenues at third quarter. No amendments are proposed to Solid Waste and Recycling Fund expenditures at third quarter. 11 2019/20 Third Qtr.Variance %2019/20 MY Amended Year to Date YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget MARINE FUND Marine Revenues: Intergovernmental 4,500 - 4,500 0%- 4,500 Charges for Service 5,027,600 3,479,621 1,547,979 69%- 5,027,600 Judgments, Fines and Forfeits 3,000 3,143 (143) 105%- 3,000 Miscellaneous Revenue 119,300 89,712 29,588 75%- 119,300 Transfers In 10,000 10,000 - 100%- 10,000 Fund Equity - - - ~- - Total Revenues 5,164,400 3,582,475 1,581,925 69%- 5,164,400 Marine Expenditures: Marina Operations 5,058,860 3,157,367 1,901,493 62%- 5,058,860 Total Expenditures 5,058,860 3,157,367 1,901,493 62%- 5,058,860 Increase/ (Decrease)Amendment Description: Marine Fund Revenues:- Marine Fund Expenditures:- For The Nine Month Period of October 1, 2019 - June 30, 2020 ENTERPRISE FUNDS THIRD QUARTER REVIEW At third quarter, anticipated revenues of the Marine Fund exceed anticipated expenditures by $105,540 for fiscal year 2019/20. No amendments are proposed to Marine Fund revenues at third quarter. No amendments are proposed to Marine Fund expenditures at third quarter. 12 2019/20 Third Qtr.Variance %2019/20 MY Amended Year to Date YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For The Nine Month Period of October 1, 2019 - June 30, 2020 ENTERPRISE FUNDS THIRD QUARTER REVIEW CLEARWATER HARBOR MARINA FUND Clearwater Harbor Marina Revenues: Intergovernmental - - - ~- - Charges for Service 843,670 648,756 194,914 77%- 843,670 Judgments, Fines and Forfeits 800 1,000 (200) 125%- 800 Miscellaneous Revenue 41,350 41,465 (115) 100%- 41,350 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 885,820 691,222 194,598 78%- 885,820 Clearwater Harbor Marina Expenditures Clearwater Harbor Marina Operations 821,500 608,211 213,289 74%- 821,500 Total Expenditures 821,500 608,211 213,289 74%- 821,500 Increase/ (Decrease)Amendment Description: Clearwater Harbor Marina Fund Revenues:- Clearwater Harbor Marina Fund Expenditures:- At third quarter, anticipated revenues of the Clearwater Harbor Marina Fund exceed anticipated expenditures by $64,320 for fiscal year 2019/20. No amendments are proposed to Clearwater Harbor Marina Fund revenues at third quarter. No amendments are proposed to Clearwater Harbor Marina Fund expenditure at third quarter. 13 2019/20 Third Qtr.Variance %2019/20 MY Amended Year to Date YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For The Nine Month Period of October 1, 2019 - June 30, 2020 ENTERPRISE FUNDS THIRD QUARTER REVIEW AIRPARK FUND Airpark Revenues: Intergovernmental - - - ~- - Charges for Service 20,000 10,353 9,647 52%- 20,000 Miscellaneous Revenue 322,680 249,975 72,705 77%- 322,680 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 342,680 260,328 82,352 76%- 342,680 Airpark Expenditures:- Airpark Operations 290,987 202,675 88,311 70%10,000 300,987 Total Expenditures 290,987 202,675 88,311 70%10,000 300,987 Increase/ (Decrease)Amendment Description: Airpark Fund Revenues:- Airpark Fund Expenditures:10,000 At third quarter, anticipated revenues of the Airpark Fund exceed anticipated expenditures by $41,693 for fiscal year 2019/20. No amendments are proposed to Airpark Fund revenues at third quarter. Third quarter expenditure amendments include a transfer of $5,000.00 to capital improvement project G1901,Replacement of Hangar C and $5,000.00 to capital improvement project G1908,Airpark FDOT Security Guard Building.This expenditure increase is offset by revenues budgeted in excess of expenditures this fiscal year. 14 2019/20 Third Qtr.Variance %2019/20 MY Amended Year to Date YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For The Nine Month Period of October 1, 2019 - June 30, 2020 ENTERPRISE FUNDS THIRD QUARTER REVIEW PARKING FUND Parking Revenues: Charges for Service 5,911,050 4,715,840 1,195,210 80%- 5,911,050 Judgments, Fines and Forfeits 700,090 673,704 26,386 96%- 700,090 Miscellaneous Revenue 325,000 233,755 91,245 72%- 325,000 Transfers In 334 38,074 (37,740) 11399%- 334 Fund Equity - - - ~- - Total Revenues 6,936,474 5,661,373 1,275,101 82%- 6,936,474 PARKING FUND EXPENDITURES Engineering/Parking System 4,381,451 2,932,439 1,449,012 67%- 4,381,451 Engineering/Parking Enforcement 796,908 484,090 312,818 61%- 796,908 Parks & Rec/Beach Guards 980,200 712,548 267,652 73%- 980,200 Seminole Street Boat Ramp 76,520 18,846 57,674 25%- 76,520 Total Expenditures 6,235,079 4,147,924 2,087,156 67%- 6,235,079 Increase/ (Decrease)Amendment Description: Parking Fund Revenues:- Parking Fund Expenditures:- At third quarter, anticipated revenues of the Parking Fund exceed anticipated expenditures by $701,395 for fiscal year 2019/20. No amendments are proposed to Parking Fund revenues at third quarter. No amendments are proposed to Parking Fund expenditure at third quarter. 15 2019/20 Variance %2019/20 MY Amended Third Quarter YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget GENERAL SERVICES FUND General Services Revenues: Charges for Service 6,060,250 4,666,917 1,393,333 77%- 6,060,250 Miscellaneous Revenues 175,000 149,319 25,681 85%- 175,000 Transfers In 206 206 - 100%- 206 Fund Equity - - - ~- - Total Revenues 6,235,456 4,816,442 1,419,014 77%- 6,235,456 General Services Expenditures: Administration 405,628 335,553 70,075 83%- 405,628 Building & Maintenance 5,750,528 3,781,723 1,968,805 66%- 5,750,528 Total Expenditures 6,156,156 4,117,277 2,038,879 67%- 6,156,156 Increase/ (Decrease)Amendment Description: General Services Fund Revenues:- General Services Fund Expenditures:- At third quarter, anticipated revenues of the General Services Fund exceed anticipated expenditures by $79,300 for fiscal year 2019/20. No amendments are proposed to General Services Fund revenues at third quarter. No amendments are proposed to General Services Fund expenditures at third quarter. For the Nine Month Period of October 1, 2019 to June 30, 2020 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW 16 2019/20 Variance %2019/20 MY Amended Third Quarter YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2019 to June 30, 2020 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW ADMINISTRATIVE SERVICES FUND Administrative Services Revenues: Charges for Service 12,816,930 9,435,889 3,381,041 74%- 12,816,930 Miscellaneous Revenues 180,000 142,971 37,029 79%- 180,000 Transfers In 209 3,863 (3,654) 1849%- 209 Fund Equity - - - ~- - Total Revenues 12,997,139 9,582,724 3,414,415 74%- 12,997,139 Administrative Services Expenditures: Info Tech / Admin 413,294 302,906 110,388 73%- 413,294 Info Tech / Network Svcs 4,184,050 2,706,134 1,477,916 65%- 4,184,050 Info Tech / Software Applications 3,274,240 2,566,958 707,282 78%- 3,274,240 Info Tech / Telecommunications 915,440 564,635 350,805 62%- 915,440 Public Comm / Courier 193,165 106,924 86,241 55%- 193,165 Clearwater Customer Service 3,785,780 2,612,937 1,172,843 69%- 3,785,780 Total Expenditures 12,765,969 8,860,494 3,905,475 69%- 12,765,969 Increase/ (Decrease)Amendment Description: Administrative Services Fund Revenues:- Administrative Services Fund Expenditures:- No amendments are proposed to Administrative Services Fund revenues at third quarter. No amendments are proposed to Administrative Services Fund expenditures at third quarter. At third quarter, anticipated revenues of the Administrative Services Fund exceed anticipated expenditures by $231,170 for fiscal year 2019/20. 17 2019/20 Variance %2019/20 MY Amended Third Quarter YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2019 to June 30, 2020 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW GARAGE FUND Garage Fund Revenues Charges for Service 19,558,770 13,516,386 6,042,384 69%- 19,558,770 Miscellaneous Revenues 1,106,000 783,009 322,991 71%- 1,106,000 Transfers In 222 222 - 100%- 222 Fund Equity 124,030 - 124,030 0%- 124,030 Total Revenues 20,789,022 14,299,616 6,489,406 69%- 20,789,022 Garage Fund Expenditures: Fleet Maintenance 18,490,490 11,366,730 7,123,760 61%- 18,490,490 Radio Communications 2,298,532 1,309,723 988,809 57%- 2,298,532 Total Expenditures 20,789,022 12,676,453 8,112,569 61%- 20,789,022 Increase/ (Decrease)Amendment Description: Garage Fund Revenues:- Garage Fund Expenditures:- At third quarter, anticipated revenues of the Garage Fund equal anticipated expenditures for fiscal year 2019/20. No amendments are proposed to Garage Fund revenues at third quarter. No amendments are proposed to Garage Fund expenditures at third quarter. 18 2019/20 Variance %2019/20 MY Amended Third Quarter YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2019 to June 30, 2020 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW CENTRAL INSURANCE FUND Central Insurance Revenues: Charges for Service 25,409,300 20,083,868 5,325,432 79%- 25,409,300 Miscellaneous Revenues 800,000 910,393 (110,393) 114%- 800,000 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 26,209,300 20,994,260 5,215,040 80%- 26,209,300 Central Insurance Expenditures: Finance / Risk Management 432,868 263,931 168,937 61%- 432,868 HR / Employee Benefits 401,490 223,695 177,795 56%- 401,490 HR / Employee Health Clinic 1,703,020 923,712 779,308 54%- 1,703,020 Non-Departmental 23,052,722 18,461,343 4,591,379 80%- 23,052,722 Total Expenditures 25,590,100 19,872,683 5,717,417 78%- 25,590,100 Increase/ (Decrease)Amendment Description: Central Insurance Fund Revenues:- Central Insurance Fund Expenditures:- At third quarter, anticipated revenues of the Central Insurance Fund exceed anticipated expenditures by $619,200 for fiscal year 2019/20. No amendments are proposed to Central Insurance Fund revenues at third quarter. No amendments are proposed to Central Insurance Fund expenditures at third quarter. 19 CAPITAL IMPROVEMENT PROGRAM Third Quarter Summary FY 2019/20 20 The amended 2019/20 Capital Improvement Program budget report is submitted for the City Council's third quarter review. The proposed amendment is a net budget decrease in the amount of $1,421,666. This review provides the opportunity to examine the status of all active projects and present formal amendments to the project budgets. Fiscally significant budget increases encompassed within this review are as follows: The City Council did not previously approve the following capital improvement budget activity: ➢ Aerial Truck - a budget increase of $143,781 in Pinellas County Fire Reimbursement revenue. ➢ Traffic Signals - a budget increase of $37,930 of reimbursement revenue from FDOT. ➢ Garage – Off Cycle Replacement - a budget increase of $35,227 of insurance proceeds to bring the budget in line with anticipated receipts. ➢ Replace Hangar C - a budget increase of $5,000 in Airpark Fund revenue. ➢ Airpark FDOT Security Grant - a budget increase of $5,000 in Airpark fund revenue. ➢ Bicycle Path/Bridges - a budget decrease of $363,602 of grant revenues to bring the budget in line with actual receipts. ➢ P25 Radio Equipment & Infrastructure - a budget decrease of $1,700,000 of lease purchase proceeds. All significant budget increases that have been previously approved by the City Council are listed below: Project Council Budget Increase Approval ➢ Gas Main Extensions $ 250,000 06/18/20 ➢ Miscellaneous Parks and Recreation Contracts $ 130,000 09/03/20 ➢ Aerial Truck $ 35,000 07/16/20 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment Lift Station PD Sub-Station - CLOSE PROJECT 1 P1901 (300,000) To record a budget transfer of $300,000.00 of General Fund revenue to project PD00180001,Police District 3 Station.The lift station work will be included in the construction of the station, this project will be closed.(300,000) Police District 3 Station 2 PD00180001 300,000 To record a budget transfer of $300,000.00 of General Fund revenue from project P1901,Lift Station PD Sub- Station.300,000 Aerial Truck 3 91244 35,000 * To record a budget increase of $35,000.00 in surplus vehicles revenue.This was approved by the City council on July 16, 2020. 143,781 * To record a budget increase of $143,781.00 in county fire reimbursement revenue. 178,781 Radio Replacements - CLOSE PROJECT 4 91259 (1) *(286) To record a budget transfer of $285.67 of General Fund revenue to project M2005,Fire Training Tower,and a budget decrease of $1.24 of lease purchase proceeds.The project is complete and will be closed.(287) Fire Training Tower 5 M2005 286 To record a budget transfer of $285.67 of General Fund revenue from project 315-91259, Radio Replacement.286 Traffic Signals 6 ENRD180006 37,930 * To record a budget increase of $37,929.51 to recognize reimbursement revenue from FDOT for damaged traffic signals.37,930 Bicycle Paths/Bridges 7 93272 (363,602) * To record a net budget decrease of $363,601.75 in grant revenues.This will bring the budget in line with revenues received.(363,602) Miscellaneous Parks and Recreation Contracts 8 93618 130,000 To record a budget increase of $130,000.00 in General Fund revenue as approved by City Council on September 3, 2020.130,000 CAPITAL IMPROVEMENT PROGRAM Third Quarter Amendments FY 2019/20 21 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM Third Quarter Amendments FY 2019/20 Sports Field Lighting 9 93620 10,362 To record a transfer of $10,362.28 in General Fund revenues from project PRAF180001,E.C.Moore Softball Plex Renovation.10,362 Restroom Expansion-Barefoot Beach House 10 93646 40,370 To record a transfer of $40,370.00 in General Fund revenue from project 315-93672,Clearwater Beach Infrastructure Repairs &Improvements.This was approved by the City Council on August 20, 2020.40,370 Youth Sports Renovations 11 93665 (46,297) To record a transfer of $24,890.01 in General Fund revenue and $21,407.36 in infrastructure sales tax revenue to project M1915, Belmont Park Revitalization.(46,297) Clearwater Beach Infrastructure Repairs & Improvements 12 93672 (40,370) To record a transfer of $40,370.00 in General Fund revenue to project 315-93646,Restroom Expansion- Barefoot Beach House.This was approved by the City Council on August 20, 2020.(40,370) Belmont Park Revitalization 13 M1915 46,297 To record a transfer of $24,890.01 in General Fund revenues and $21,407.36 in infrastructure sales tax revenue from project 315-93665,Youth Sports Renovations. 46,297 E.C. Moore Softball Plex Renovation 14 PRAF180001 (10,362) To record a transfer of $10,362.28 in General Fund revenues to project 93620, Sports Field Lighting.(10,362) Replace Hangar C 15 G1901 5,000 To record an increase of $5,000.00 in Airpark Fund revenue to provide funding for additional project expenditures.5,000 Airpark FDOT Security Grant 16 G1908 5,000 To record an increase of $5,000.00 in Airpark Fund revenue to provide funding for additional project expenditures.5,000 22 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM Third Quarter Amendments FY 2019/20 P25 Radio Equipment & Infrastructure - CLOSE PROJECT 17 GSFL180002 (1,700,000)*(443,104) To record a budget transfer of $443,104.40 of Garage Fund revenue to project M2010,P25 Radio Equipment & Infrastructure,and a budget decrease of $1,700,000.00 of lease purchase proceeds. This project will be closed.(2,143,104) Garage - Off Cycle Replacements 18 L1911 35,227 * To record a budget increase of $35,226.82 of insurance proceeds to bring the budget with anticipated receipts.35,227 P25 Radio Equipment & Infrastructure - NEW PROJECT 19 M2010 443,104 To establish the project and record a budget transfer of $443,104.40 of Garage Fund revenue from project GSFL180002, P25 Radio Equipment & Infrastructure.443,104 Devices/Equipment - Sewer System 20 96219 (145,377) To record a budget transfer of $145,376.69 of sewer revenue to project 96665, Sanitary Sewer R&R.(145,377) Sanitary Sewer R&R 21 96665 145,377 To record a budget transfer of $145,376.69 of sewer revenue from project 96219,Devices/Equipment -Sewer System.145,377 Gas Main Extensions 22 96385 250,000 * To record budget increase of $250,000.00 in Gas Fund revenues,as approved by the City Council on June 18, 2020.250,000 (1,421,666) - - (1,421,666) TOTAL BUDGET INCREASE /(DECREASE) 23 * indicates budget amendment only CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2019 to June 30, 2020 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/19 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Police Protection P1802 Police Equipment Replacement 424,698 424,698 424,698 367,443 55,174 2,082 P1803 Command Bus Refurbishment 200,000 200,000 200,000 - - 200,000 P1901 Lift Station - PD Sub-Station 300,000 300,000 (300,000)0 - - 0 C 1 P1902 Police Information Systems 400,000 400,000 400,000 26,257 327,788 45,955 P2001 Police Boat Re[placement 0 0 0 - - 0 PD00180001 Police District 3 Sub Station 1,200,000 1,200,000 300,000 1,500,000 185,749 838,269 475,982 2 2,524,698 2,524,698 0 2,524,698 579,449 1,221,230 724,019 Fire Protection 91218 Fire Engine Replacement 2,824,786 2,824,786 2,824,786 2,791,668 - 33,118 91221 EMS Capital Equipment 1,165,710 1,165,710 1,165,710 1,031,480 - 134,230 91229 Replace & Upgrade Airpacks 1,966,590 1,966,590 1,966,590 1,708,591 - 257,999 91236 Rescue Vehicle 200,000 200,000 200,000 200,000 - 0 91244 Aerial Truck 2,890,000 2,890,000 178,781 3,068,781 1,294,584 1,358,895 415,302 3 91257 AED Program 237,770 237,770 237,770 163,252 - 74,518 91259 Radio Replacements 1,519,640 1,519,640 (287)1,519,353 1,519,353 - 0 C 4 91260 Thermal Imaging Cameras 249,210 249,210 249,210 115,711 - 133,499 91261 Personal Protection Equip 2,126,720 2,126,720 2,126,720 1,886,865 91,587 148,268 91262 SCBA Upgrade - Fill Station 125,000 125,000 125,000 82,366 - 42,634 91263 Extrication Tools 177,000 177,000 177,000 125,708 9,200 42,093 91264 Fire Hose Replacement 452,570 452,570 452,570 301,045 - 151,525 91271 Fire Boat 968,000 1,008,363 1,008,363 619,808 - 388,555 91272 Old Fire Station 45 Demolition 100,000 24,247 24,247 24,247 - (0) FD00190001 Fire Station 46 - Beach 6,372,693 6,372,693 6,372,693 135,333 600,070 5,637,290 FD00190002 Fire Station 47 Replacement 4,839,441 4,839,441 4,839,441 706,386 102,099 4,030,957 G1803 Video Teleconferencing Equip 343,557 0 0 - - 0 C M2005 Fire Training Tower 50,000 50,000 286 50,286 23,837 26,163 286 5 Sub-Total 26,608,686 26,229,739 178,780 26,408,519 12,730,233 2,188,013 11,490,273 Major Street & Sidewalk Maintenance ENRD180001 Druid Road Trail 3,483,646 3,177,034 3,177,034 3,162,041 - 14,993 ENRD180002 Bridge Maintenance & Improve 7,406,247 7,406,247 7,406,247 351,960 502,651 6,551,637 ENRD180003 Traffic Calming 1,905,031 1,905,031 1,905,031 347,835 - 1,557,196 ENRD180004 Streets and Sidewalks 14,417,793 14,433,024 14,433,024 8,241,889 1,432,926 4,758,209 ENGF180001 Downtown Streetscaping 6,735,405 6,735,405 6,735,405 510,576 82,527 6,142,301 ENGF200001 Redesign Fort Harrison/Myrtle 1,000,000 1,000,000 1,000,000 - - 1,000,000 Sub-Total 34,948,122 34,656,741 0 34,656,741 12,614,302 2,018,104 20,024,336 Intersections ENRD180005 City-Wide Intersection Improve 2,407,650 2,407,650 2,407,650 866,225 45,892 1,495,533 ENRD180006 Traffic Signal 916,311 966,505 37,930 1,004,435 501,507 296,685 206,243 6 ENRD180007 Traffic Safety Infrastructure 1,136,765 1,136,765 1,136,765 490,585 76,452 569,728 Sub-Total 4,460,726 4,510,920 37,930 4,548,850 1,858,317 419,029 2,271,504 Parking ENPK180001 Parking Lot Resurfacing 958,476 658,476 658,476 31,609 - 626,867 ENPK180002 Parking Lot Improvement 1,478,802 1,478,802 1,478,802 570,195 9,750 898,857 ENPK180003 Parking Facilities 1,201,348 1,501,348 1,501,348 429,823 449,379 622,146 Sub-Total 3,638,626 3,638,626 0 3,638,626 1,031,627 459,129 2,147,870 Miscellaneous Engineering ENGF180002 Downtown Intermodal 924,756 924,756 924,756 - - 924,756 ENGF180003 Miscellaneous Engineering 274,146 274,146 274,146 28,287 - 245,860 92842 U.S. 19 Wayfinding Project 1,450,000 1,450,000 1,450,000 215,835 - 1,234,165 ENGF180004 Survey Equipment Replacement 20,788 20,788 20,788 - - 20,788 C2004 Lift Stations - General Gov 850,000 850,000 850,000 - 175,188 674,812 ENGF200003 Memorial Causeway Bridge Light 0 1,600,000 1,600,000 68,200 98,456 1,433,344 Sub-Total 3,519,691 5,119,691 0 5,119,691 312,321 273,644 4,533,726 Land Acquisition 93133 Park Land Acquisition 1,331,351 1,331,351 1,331,351 1,331,119 - 232 Sub-Total 1,331,351 1,331,351 0 1,331,351 1,331,119 0 232 24 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2019 to June 30, 2020 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/19 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Park Development 93203 Carpenter Field-Infras Rep/Imprv 622,817 622,817 622,817 594,247 - 28,570 93205 Spectrum Field Infrast Improve 3,332,272 3,332,272 3,332,272 3,186,776 95,171 50,325 93247 Fitness Equipment Replacement 490,000 490,000 490,000 434,088 - 55,912 93251 Morningside Rec Ctr Replacement 7,189,000 7,189,000 7,189,000 7,151,902 - 37,098 93263 Public Art Maintenance 1,498 1,498 1,498 1,173 - 325 93271 Swimming Pool R&R 1,306,876 1,306,876 1,306,876 1,002,415 - 304,461 93272 Bicycle Paths-Bridges 5,858,833 5,858,833 (363,602)5,495,231 3,813,305 65,587 1,616,339 7 93278 Long Center Infra Repairs 2,158,283 2,158,283 2,158,283 1,744,885 10,338 403,060 93286 Parking Lot/Bike Path Rsr/Imprv 801,618 801,618 801,618 610,327 - 191,291 93602 Sp Events Equip Rep & Rplcmnt 330,000 330,000 330,000 323,389 - 6,611 93604 Brdwlks & Docks Rep & Rplcmnt 605,000 605,000 605,000 576,152 - 28,848 A1901 Miscellaneous Minor Public Art 112,785 112,785 112,785 20,570 1,000 91,215 93612 McMullen Tennis Complex 878,103 878,103 878,103 867,467 - 10,636 93618 Miscellaneous Park & Rec Contract 315,000 315,000 130,000 445,000 285,819 1,361 157,820 8 93620 Sports Field Lighting 565,000 565,000 10,362 575,362 207,680 13,876 353,806 9 ENGF180007 Phillip Jones Park Renovations 224,726 224,726 224,726 18,050 2,151 204,525 93633 Pier 60 Pk & Bchwlk Rep & Improv 1,139,377 1,139,377 1,139,377 963,534 850 174,994 93634 Concrete Sidewalk & Pad Repair 368,176 368,176 368,176 288,162 704 79,310 93635 Park Amenity Purch & Rplcmnt 1,047,800 1,047,800 1,047,800 705,646 - 342,154 93636 Tennis Court Resurfacing 830,310 830,310 830,310 463,779 8,541 357,990 93637 Playground & Fitness Purch & Rplc 998,599 998,599 998,599 651,347 147,051 200,201 93638 Fencing Replacement Program 809,664 809,664 809,664 680,546 - 129,118 93639 Marina Dist Brdwalk & Entry Node 751,930 751,930 751,930 751,929 - 1 C 93642 Phillip-Jones Restroom/Concess 507,944 507,944 507,944 230,883 51,524 225,537 93646 Rest Rm Expan-Barefoot Bch House 480,580 480,580 40,370 520,950 289,637 7,500 223,813 10 93648 Moccasin Lake Park Master Plan 1,182,432 1,182,432 1,182,432 1,114,509 4,892 63,031 93650 Crest Lake Park Improvement 7,500,000 7,500,000 7,500,000 2,258,255 5,164,309 77,435 93652 Countryside Plex Restroom/Conces 4,099,500 4,099,500 4,099,500 3,113,126 928,939 57,435 93654 Recreation Centers Infras Repairs 520,000 520,000 520,000 219,306 13,318 287,376 93656 Jack Russell Demo/Refurb 499,575 499,575 499,575 499,575 - (0) 93665 Youth Sports Field Renovations 46,297 46,297 (46,297)(0)- - (0)11 93667 Del Oro Park Renovations 450,000 450,000 450,000 - - 450,000 93668 Showmaster Portable Stage 200,000 200,000 200,000 142,743 - 57,257 93672 Clw Bch Infrast Repairs & Improve 388,060 388,060 (40,370)347,690 332,136 6,420 9,134 12 93673 Jack Russell Stadium Improve 1,289,066 1,289,066 1,289,066 1,051,671 4,579 232,816 C1902 Long Center Parking Improve 550,000 550,000 550,000 - - 550,000 C1903 Phillies Entrance Sign 150,000 150,000 150,000 - - 150,000 C1904 Ruth Eckerd Hall 8,500,000 8,500,000 8,500,000 6,500,000 - 2,000,000 C2001 Athletic Flds & Fac Reno/Improve 2,500,000 2,500,000 2,500,000 - - 2,500,000 C2002 Ed Wright Park Renovations 750,000 750,000 750,000 - - 750,000 ENGF200002 Beach Guard Admin Building 30,000 30,000 30,000 30,000 - 0 L1901 P&R Vehicle and Equip Additions 245,110 245,110 245,110 245,110 0 0 M1901 Countryside Sports Complex Reno 100,000 100,000 100,000 - - 100,000 M1915 Belmont Park Revitalization 130,000 336,612 46,297 382,909 - - 382,909 13 M2002 Environ Park Remediate & Protect 50,000 50,000 50,000 - - 50,000 M2006 Right of Way Tree Mgt Prog 250,000 250,000 250,000 - - 250,000 PRAF180001 Eddie Moore Softball Plex Reno 790,000 790,000 (10,362)779,638 779,638 - 0 14 Sub-Total 61,946,231 62,152,843 (233,602)61,919,241 42,149,775 6,528,111 13,241,355 Marine Facilities 93403 Beach Guard Facility Maint 348,292 348,292 348,292 348,292 - 0 C ENGF190002 Beach Guard Tower 158,239 158,239 158,239 50,543 - 107,696 93410 Clwr Harbor Marina Maint 260,000 260,000 260,000 215,234 25,686 19,080 ENGF180006 City-wide Docks and Seawall 1,986,739 1,986,739 1,986,739 1,189,575 130,587 666,578 93415 Waterway Maintenance 510,000 510,000 510,000 340,790 38,815 130,395 93418 Utilities Services Replacement 412,714 412,714 412,714 170,456 - 242,258 93420 Fuel System R & R 142,752 142,752 142,752 137,385 - 5,367 93422 Dredging of City Waterways 1,046,204 1,046,204 1,046,204 483,487 - 562,717 ENGF180014 Seminole Boat Launch Improve 6,752,000 6,752,000 6,752,000 3,283,249 964,869 2,503,882 93499 Pier 60/Sailing Center Maint 481,952 481,952 481,952 331,858 4,045 146,049 C1905 Beach Marina Upgrade 500,000 500,000 500,000 6,680 - 493,320 C1906 Clw Harbor Marina Repl & Up 206,000 206,000 206,000 - - 206,000 M1902 Marine Fac Maint Dock R&R 314,970 314,970 314,970 129,678 19,147 166,145 Sub-Total 13,119,862 13,119,862 0 13,119,862 6,687,226 1,183,150 5,249,486 25 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2019 to June 30, 2020 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/19 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Airpark 94817 Airpark Maintenance & Repair 244,000 244,000 244,000 208,744 - 35,256 94886 Clw Airpark Masterplan Update 110,000 110,000 110,000 109,325 - 675 94894 Ground Support Equip Upgrade 100,000 100,000 100,000 54,560 - 45,440 G1901 Replace Hangar C 1,200,000 1,200,000 5,000 1,205,000 43,827 1,142,284 18,889 15 G1908 Clw Airpark FDOT Security Grant 75,000 75,000 5,000 80,000 64,109 10,891 5,000 16 G2009 Ground Support Equip Replace 0 19,467 19,467 19,466 - 1 G2012 Clw Airpark Vehicle Replace 0 32,018 32,018 - - 32,018 Sub-Total 1,729,000 1,780,485 10,000 1,790,485 500,032 1,153,175 137,278 Libraries 93527 Books & Other Lib Materials 7,696,601 7,696,601 7,696,601 7,605,352 - 91,249 93530 Consolidated Eastside/SPC Libr 6,250,000 6,250,000 6,250,000 5,295,761 - 954,239 93532 Libr Maker Space Maint. & Up 257,560 257,560 257,560 129,401 51,193 76,966 93534 Library FF&E Repair & Replace 335,000 335,000 335,000 132,651 2,546 199,802 93535 Countryside Library Demolition 75,000 75,000 75,000 - - 75,000 Sub-Total 14,614,161 14,614,161 0 14,614,161 13,163,165 53,740 1,397,256 Garage 94233 Motorized Equip-Cash II 2,081,156 2,081,156 2,081,156 2,002,893 - 78,263 94238 Police Vehicles 3,319,686 3,319,686 3,319,686 2,939,891 355,002 24,793 94241 Motorized Equip Replace - L/P 38,808,946 38,807,265 38,807,265 38,807,265 - 0 C 94246 Fleet Management & Mapping 710,000 710,000 710,000 464,980 - 245,020 94627 Misc Budgetary Vehicle Addition 167,799 191,617 191,617 183,449 - 8,168 C1901 Beach Radio Tower 852,370 852,370 852,370 - - 852,370 GSFL180001 Fleet Facility R&R 269,520 269,520 269,520 11,747 - 257,773 GSFL180002 P25 Radio Equipment & Infrast 2,200,000 2,200,000 (2,143,104)56,896 56,896 - 0 C 17 L1910 Motorized Equipment Replace 8,732,446 8,734,127 8,734,127 4,741,311 2,586,014 1,406,802 L1911 Off Cycle Equipment Replace 200,000 200,000 35,227 235,227 97,184 108,360 29,683 18 M2010 P25 Radio Equipment & Infrast 0 0 443,104 443,104 - - 443,104 19 Sub-Total 57,341,923 57,365,741 (1,664,773) 55,700,967 49,305,615 3,049,376 3,345,976 Maintenance of Buildings C1907 City Hall Hardening 100,000 100,000 100,000 - - 100,000 C1909 City Hall Move 383,085 383,085 383,085 380,569 2,000 516 ENGF180012 Public Works Complex 1,615,664 1,615,664 1,615,664 1,926 - 1,613,738 GSBM180001 Air Cond Replace-City Wide 754,436 754,436 754,436 644,417 12,000 98,019 GSBM180002 Flooring for Facilities 1,127,837 1,127,837 1,127,837 563,745 2,005 562,087 GSBM180003 Roof Repair and Replacement 1,545,409 1,545,409 1,545,409 892,327 - 653,083 GSBM180004 Painting of Facilities 592,923 592,923 592,923 82,205 - 510,718 GSBM180005 Fencing of Facilities 143,170 143,170 143,170 73,199 - 69,970 GSBM180006 Light Replacement & Repair 378,197 378,197 378,197 266,322 - 111,874 GSBM180007 Elevator Refurbish/Modern 560,576 560,576 560,576 11,118 - 549,458 GSBM180008 B&M Vehicle & Equipment 1,318,377 1,318,377 1,318,377 638,008 680,370 GSBM180009 New A/C Chiller System 4,350,000 4,350,000 4,350,000 1,754,178 28,483 2,567,339 GSBM180010 General Services R&R 325,000 325,000 325,000 236,099 - 88,901 GSBM180011 Generator Maintenance 550,000 550,000 550,000 - - 550,000 GSBM180012 General Faci Bldg Major Reno 1,935,242 1,935,242 1,935,242 130,775 - 1,804,467 L1902 B&M Vehicle & Equipment 65,000 65,000 65,000 - 35,046 29,955 Sub-Total 15,744,916 15,744,916 0 15,744,916 5,674,887 79,534 9,990,495 Miscellaneous 94729 City-wide Connect Infra 3,923,089 3,923,089 3,923,089 3,563,960 - 359,129 94736 Geographic Information Sys 1,160,997 1,160,997 1,160,997 954,455 - 206,542 ENGF180010 Pollutant Storage Tank 379,408 379,408 379,408 43,380 - 336,028 ENGF180011 Environmental Assmt & Clean-up 663,636 663,636 663,636 79,754 2,536 581,346 L1908 Network Infra & Server R&R 1,343,191 1,343,191 1,343,191 1,100,568 82,644 159,979 M1912 Network Infra & Server Upgrade 121,048 148,226 148,226 52,941 - 95,285 L1907 IT Disaster Recovery 205,396 205,396 205,396 57,869 - 147,527 M1911 IT Disaster Recovery Equipment 100,000 100,000 100,000 - - 100,000 L1906 Telecommunications Upgrade 519,047 519,047 519,047 - - 519,047 94828 Financial Systems Upgrades 4,058,165 4,058,165 4,058,165 2,528,512 242,724 1,286,930 94829 CIS Upgrades / Replacement 1,097,376 1,097,376 1,097,376 428,583 - 668,793 94830 MS Licensing / Upgrades 1,100,000 1,100,000 1,100,000 842,601 16,201 241,198 94833 Computer Monitors 409,828 409,828 409,828 392,266 - 17,562 94850 Backfile Conversion of Records 500,000 500,000 500,000 187,660 - 312,340 94857 Accela Permit & Code Enforce 300,000 300,000 300,000 208,145 - 91,855 94861 Library Technology 1,450,000 1,450,000 1,450,000 1,307,169 - 142,831 94873 Citywide Camera System 285,000 285,000 285,000 118,298 46,945 119,757 94874 City Enterprise Timekeep Sys 310,000 310,000 310,000 182,082 5,620 122,298 26 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2019 to June 30, 2020 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/19 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Miscellaneous (continued) 94880 Granicus Agenda Mgt Sys 160,000 160,000 160,000 41,136 - 118,864 94883 Business Proc Review & Improve 650,000 650,000 650,000 275,738 369 373,893 94888 City EOC & Disaster Recovery Fac 3,360,000 3,360,000 3,360,000 2,767,870 227,535 364,595 94890 Enterprise Adv Audio Video R&R 1,063,000 472,822 472,822 472,822 - 0 ENGF180013 Imagine Clearwater 13,723,329 12,241,322 12,241,322 5,887,660 3,223,535 3,130,127 C2006 ADA Transition Plan 300,000 300,000 300,000 - - 300,000 M1914 Sustainability Initiatives 100,000 200,000 200,000 - - 200,000 M2007 City EOC & Disaster Recover R&R 50,000 50,000 50,000 - - 50,000 C2007 Citywide Audio/Visual Solutions 0 115,053 115,053 - - 115,053 Sub-Total 37,332,510 35,502,556 - 35,502,556 21,493,470 3,848,108 10,160,978 UTILITIES Stormwater Utility ENST180001 Stormwater System Improve 10,301,097 10,316,090 10,316,090 2,040,907 217,154 8,058,029 ENST180002 Allen's Creek Improvement 2,816,271 2,816,271 2,816,271 1,525,528 1,150,982 139,760 ENST180003 Stormwater System Expansion 1,815,576 1,815,576 1,815,576 - - 1,815,576 ENST180004 Stevenson Creek 4,105,686 4,105,686 4,105,686 1,900 38,958 4,064,828 ENST180005 Coastal Basin Projects 3,868,285 4,629,418 4,629,418 849,018 1,054,565 2,725,835 ENST180006 Alligator Creek Watershed Proj 5,263,132 5,263,132 5,263,132 390,072 44,267 4,828,793 ENST180008 Hillcrest Bypass Culvert 4,096,167 4,096,167 4,096,167 3,330,702 446,181 319,284 ENST180009 East Gateway Improvements 3,519,273 2,758,140 2,758,140 2,758,140 - (0) ENST180010 Lower Spring Branch Improve 2,320,000 2,320,000 2,320,000 155,848 153,196 2,010,956 C1908 Stormwater Vehicles & Equip 2,875,500 2,875,500 2,875,500 2,549,962 - 325,538 Sub-Total 40,980,986 40,995,979 0 40,995,979 13,602,078 3,105,303 24,288,598 Water System 96721 System R & R - Maintenance 4,035,686 4,035,686 4,035,686 2,606,679 81,279 1,347,728 96722 Line Relocation - Maintenance 8,017,305 8,041,545 8,041,545 2,931,868 564,297 4,545,380 96739 Reclaimed Water Dist Sys 46,686,453 46,686,453 46,686,453 46,046,437 411,198 228,818 96740 Water Supply/Treatment 2,626,926 2,626,926 2,626,926 2,626,926 - 0 96742 Line Relocation-Capitalized 7,998,570 7,998,570 7,998,570 6,628,313 - 1,370,257 96744 System Expansion 3,343,743 3,343,743 3,343,743 3,060,635 - 283,108 96764 RO Plant Exp Res #1 14,659,408 14,706,215 14,706,215 12,846,459 5,779 1,853,978 M1908 RO Plant Exp Res #1 R&R 1,000,000 1,000,000 1,000,000 - 39,185 960,815 96767 RO Plant at Res #2 43,092,939 43,095,439 43,095,439 41,434,004 1,206,798 454,638 M1909 RO Plant at Res #2 R&R 1,050,000 1,050,000 1,050,000 - - 1,050,000 96773 Groundwater Replenishm Fac 20,900,118 20,900,118 20,900,118 5,902,487 - 14,997,631 96782 RO Plant @WTP #3 1,510,000 1,599,594 1,599,594 218,585 - 1,381,009 96783 Water Sys Upgrades/Improve 3,849,000 3,849,000 3,849,000 953,987 205,214 2,689,799 96784 Reclaim Water Distrib Sys R&R 2,094,584 2,095,253 2,095,253 417,194 261,454 1,416,605 96785 Feasibility Studies/Evalu - Water 3,655,000 3,655,000 3,655,000 1,736,486 753,064 1,165,451 96786 Devices/Equipments - Water 600,000 600,000 600,000 - - 600,000 L1905 Vehicle & Equipment - Water 146,000 125,212 125,212 125,212 - 0 Sub-Total 165,265,732 165,408,754 0 165,408,754 127,535,272 3,528,267 34,345,215 Sewer System 96212 Sanitary Sewer Upgrades/Impr 14,004,551 14,004,551 14,004,551 6,309,270 3,961,181 3,734,100 96213 Marshall Street Upgrades/Impr 7,294,299 7,294,299 7,294,299 3,615,457 1,656,179 2,022,663 M1905 Marshall Street Plant R&R 2,900,000 2,900,000 2,900,000 46,615 12,729 2,840,657 96214 East Plant Upgrades/Improve 2,700,000 2,700,000 2,700,000 320,494 104,983 2,274,523 M1907 East Plant R&R 2,570,000 2,570,000 2,570,000 - 131,580 2,438,420 96215 N.E. Plant Upgrades/Improve 17,042,600 17,042,600 17,042,600 1,431,834 233,024 15,377,742 M1906 Northeast Plant R&R 1,219,313 1,219,313 1,219,313 233,634 - 985,679 96216 Laboratory Upgrade/Improve 1,155,079 1,155,079 1,155,079 12,168 2,690 1,140,222 96217 Pump Station R&R 1,950,192 1,950,192 1,950,192 507,334 - 1,442,858 96219 Devices/Equip Sewer Division 446,274 446,274 (145,377)300,897 300,898 - (0)20 96630 Sanitary Sewer Extension 15,778,410 15,778,410 15,778,410 13,631,051 241,172 1,906,187 96634 Sanitary Sewer Relocation 6,477,352 6,501,337 6,501,337 4,688,513 25,977 1,786,848 96645 Laboratory Upgrade & R&R 1,803,627 1,803,627 1,803,627 1,783,627 - 20,000 96654 Facilities Upgrade & Improve 15,646,911 15,646,911 15,646,911 14,263,002 258,998 1,124,911 96664 Water Pollution Control R & R 28,375,864 28,375,864 28,375,864 16,941,586 1,058,165 10,376,113 96665 Sanitary Sewer R&R 41,827,082 41,828,082 145,377 41,973,459 29,190,520 7,766,159 5,016,780 21 96686 Pump Station Replacement 6,832,682 6,832,682 6,832,682 4,411,149 542,999 1,878,534 L1903 Generators - Sewer Fund 420,000 404,250 404,250 404,250 - 0 L1904 Vehicle & Equip-Sewer 551,000 498,701 498,701 498,701 - 0 M1910 Water Treatment Plant #3 R&R 318,851 318,851 318,851 - - 318,851 M2008 Vehicle and Equip-Sewer 26,000 26,000 26,000 25,245 - 755 Sub-Total 169,340,086 169,297,022 0 169,297,022 98,615,347 15,995,835 54,685,840 27 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2019 to June 30, 2020 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/19 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Gas System 96358 Environmental Remediation 2,384,794 2,134,794 2,134,794 1,769,810 39,124 325,860 96365 Line Relocation-Pinellas Maint 756,106 756,106 756,106 516,773 71,382 167,952 96367 Gas Meter Change Out-Pinellas 3,863,000 3,863,000 3,863,000 3,798,254 - 64,746 96374 Line Relocation-Pinellas Capital 2,432,890 2,433,500 2,433,500 2,366,309 14,640 52,551 96376 Line Relocation - Pasco Maint 283,593 283,593 283,593 142,810 - 140,783 96377 Pinellas New Main / Serv Lines 33,051,118 33,310,791 33,310,791 32,731,037 - 579,754 96378 Pasco New Mains / Serv Lines 20,364,858 20,376,741 20,376,741 19,067,850 114,302 1,194,589 96379 Pasco Gas Meter Change Out 892,821 892,821 892,821 792,581 - 100,240 96381 Line Reloc-Pasco-Capitalized 887,386 909,151 909,151 834,256 39,622 35,273 96382 Gas Inventory - Work Mgmt Sys 992,000 992,000 992,000 856,268 - 135,732 96384 Gas System - Pinellas Building 28,855,055 28,857,855 28,857,855 24,112,457 2,125,032 2,620,366 96385 Gas Main Extensions 1,557,845 1,557,845 250,000 1,807,845 1,467,355 - 340,490 22 96386 Expanded Energy Conservation 11,591,479 11,609,835 11,609,835 10,470,908 - 1,138,927 96387 Natural Gas Vehicle 5,731,069 6,524,584 6,524,584 4,659,771 129,536 1,735,277 96389 Future IMS Software & Hardware 450,000 450,000 450,000 354,293 - 95,707 96390 Gas Vehicle Additions 473,294 473,294 473,294 428,294 45,000 (0) 96391 Gas System Pasco Building 700,000 200,000 200,000 - - 200,000 96392 Gas Equipment Additions 189,278 189,278 189,278 189,278 - 0 M1904 Pinellas Building Equip R&R 400,000 400,000 400,000 - - 400,000 Sub-Total 115,856,586 116,215,188 250,000 116,465,188 104,558,302 2,578,638 9,328,247 Solid Waste 96426 Facility R & R 2,777,608 2,777,608 2,777,608 1,761,549 - 1,016,059 96443 Res Container Acquisition-II 2,101,741 2,101,741 2,101,741 1,535,205 - 566,536 96444 Comm Container Acquisition-II 4,380,020 4,195,420 4,195,420 3,582,408 - 613,012 96445 Solar Trash & Recycling Kiosks 314,414 314,414 314,414 239,182 - 75,232 SRTS180001 S.W.Transfer Station Rebuild 19,650,130 19,650,130 19,650,130 18,131,867 917,869 600,395 96448 Solid Waste CNG Station 150,000 150,000 150,000 - - 150,000 96449 Solid Waste Truck Wash Fac 555,500 555,500 555,500 - - 555,500 C2005/L2005 Underground Refuse Program 0 1,570,090 1,570,090 101,658 1,274,745 193,687 Sub-Total 29,929,413 31,314,903 0 31,314,903 25,351,869 2,192,614 3,770,420 Utility Miscellaneous 96523 Pub Utilities Adm Bldg R&R 858,828 858,828 858,828 738,818 - 120,009 96526 Public Utility Admin Building 804,306 804,306 804,306 - - 804,306 Sub-Total 1,663,134 1,663,134 0 1,663,134 738,818 0 924,315 Recycling 96804 Recycling Carts/Dumpsters 1,306,650 1,306,650 1,306,650 850,072 - 456,578 96805 Recycling Expan/Particip/R&R 1,321,525 1,321,525 1,321,525 1,184,376 - 137,149 96811 Purchase of Transfer Tractors 408,000 408,000 408,000 395,983 - 12,017 SR00180003 Processing Ctr Building Replace 3,862,633 3,862,633 3,862,633 4,025 - 3,858,607 Sub-Total 6,898,808 6,898,808 0 6,898,808 2,434,456 0 4,464,352 TOTAL ALL PROJECTS 808,795,246 810,086,115 (1,421,666) 808,664,449 542,267,680 49,874,998 216,521,771 28 Special Program Fund Third Quarter Budget Amendments October 1, 2019 - June 30, 2020 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment General Government Programs Lien Foreclosure Program 1 M1913 43,578 To record a budget increase of $43,578.39 in fine revenues to bring the budget in line with actual receipts.43,578 General Government Totals:43,578 - 43,578 Public Safety Programs Foreclosure Registry - Nuisance Abatement 2 98609 6,700 To record a budget increase of $6,700.00 which represents foreclosure registry fees collected to date to bring the budget in line with actual receipts.6,700 Hurricane Irma 3 98610 82,749 To record a budget increase of $82,748.51 in federal and state Irma reimbursements to bring the budget in line with actual receipts.82,749 Police Extra Duty 4 99215 202,642 (9,485) To record a budget increase of $202,642.00 in police service revenue to bring the budget in line with actual receipts. To record a transfer of $9,485.00 in police service revenue to program 99350,Vehicle Replacement representing revenue collected for vehicle usage on extra duty jobs. 193,157 Police Education Fund 5 99317 5,895 To record a budget increase of $5,894.98 in police education fine revenue which will bring the budget in line with actual receipts.5,895 Investigative Cost Recovery 6 99329 46,716 (181,526) To record a budget increase of $16,279.92 in federal grant revenues;and an increase of $30,435.73 in fines,forfeitures and penalties revenue which will bring the budget in line with actual receipts. Amendments also,include a transfer of $181,526.00 in fines, forfeitures and penalties revenue to new project P2001,Police Boat Replacement as approved by Council on August 20, 2020.(134,810) Florida Contraband Forfeiture Fund 7 99330 151,104 To record a budget increase of $151,104.11 fines,forfeitures and penalties revenue which will bring the budget in line with actual receipts.151,104 29 Special Program Fund Third Quarter Budget Amendments October 1, 2019 - June 30, 2020 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Public Safety Programs (continued) Vehicle Replacement 8 99350 - 9,485 To record a transfer of $9,485.00 in police services revenue from 99215,Police Extra Duty.This represents revenue collected for vehicle usage on extra duty jobs. 9,485 Crime Prevention Program 9 99364 30,000 To record a budget increase of $30,00.00 in donation revenues from Johnson-Lancaster and Associates and Pinch-a-Penny.This will bring the budget in line with actual receipts.30,000 Federal Forfeiture Sharing 10 99387 - (175,306) To record a budget transfer of $175,306.00 in governmental revenue to new project P2002,Police Body Worn Camera Program as approved by Council on August 6, 2020.(175,306) Police Boat Replacement - New Program 11 P2001 - 181,526 To establish the program and record a transfer of $181,526.00 in fines,forfeitures and penalties revenue from 99329,Investigative Cost Recovery as approved by Council on August 20, 2020. 181,526 Police Body Worn Camera Program - New Program 12 P2002 170,857 175,306 To establish the program and record a transfer of $175,306.00 governmental revenue from 99387,Federal Forfeiture Sharing, and $170,857.00 of General Fund revenues as approved by Council on August 6, 2020.346,163 Public Safety Program Totals:696,662 - 696,662 Physical Environment Programs Tree Replacement Program 13 99970 5,040 To record a budget increase of $5,040.00 in fines,forfeiture and penalties revenue to bring the budget in line with actual receipts.5,040 Physical Environment Programs Program: Totals:5,040 - 5,040 30 Special Program Fund Third Quarter Budget Amendments October 1, 2019 - June 30, 2020 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Economic Environment Programs Public Facilities 2020 14 G2004 (22,467) To record a budget transfer of $22,467.00 in Community Development Block Grant (CDBG)revenue to G2101 Public Facilities 2021.(22,467) Economic Development 2020 15 G2005 - (128,039) To record a budget transfer of $128,039.00 in Community Development Block Grant (CDBG)revenue to G2102 Economic Development 2021.(128,039) Infill Housing 2020 - CLOSE PROGRAM 16 G2007 - (86,154) To record a budget transfer of $86,154.00 in Community Development Block Grant (CDBG)revenue to G2104 Infill Housing 2021.(86,154) Back-to-Business Grant Program 17 G2011 50,000 - To record a budget increase of $50,000 in reimbursements from the DDB to assist with the City's grant program.This will bring the budget in line with actual revenue.50,000 Public Facilities 2021 18 G2101 22,467 To record a budget transfer of $22,467.00 in Community Development Block Grant (CDBG)revenue from G2004,Public Facilities 2020.22,467 Economic Development 2021 19 G2102 - 128,039 To record a budget transfer of $128,039.00 in Community Development Block Grant (CDBG)revenue from G2005,Economic Development 2020.128,039 Infill Housing 2021 20 G2104 - 86,154 To record a budget transfer of 86,154.00 in Community Development Bock Grant (CDBG)revenue from G2007,Infill Housing 2020.86,154 Economic Environment Program Totals:50,000 - 50,000 31 Special Program Fund Third Quarter Budget Amendments October 1, 2019 - June 30, 2020 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Culture and Recreation Programs Library Special Account 21 99910 9,500 To record a budget increase of $9,500 in donation revenue to bring the budget in line with actual receipts.9,500 Special Events 22 PRSE190001 25,000 To record a net budget increase of $25,000.00 in sponsorship revenue to bring the budget in line with actual receipts.25,000 Culture and Recreation Program Total:34,500 - 34,500 829,781 - 829,781 Total Budget Increase/(Decrease): 32 SPECIAL PROGRAM STATUS SUMMARY THIRD QUARTER REVIEW: October 1, 2018 to June 30, 2019 Actual Expenditures Budget Amended Revised Project Open Available Amend Description Budget Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref GENERAL GOVERNMENT PROGRAMS 99421 Housing Consulting Service 115,000 115,000 - 115,000 49,334 - 65,666 99857 Stimulus - Elctrnc Plan Submittal & Rev 289,000 289,000 - 289,000 149,927 - 139,073 99868 Federal Early Retiree Reinsurance 651,500 651,500 - 651,500 559,222 - 92,279 99925 Peg Access Support 838,261 838,261 - 838,261 836,917 - 1,344 99928 Nagano Sister City Program 266,759 266,759 - 266,759 172,402 7,500 86,857 M1913 Lien Foreclosure Program 255,553 506,290 43,578 549,868 204,434 - 345,434 1 Sub-Total 2,416,073 2,666,809 43,578 2,710,387 1,972,235 7,500 730,653 PUBLIC SAFETY PROGRAMS 98609 Foreclosure Rgstry-Nuesance Abtmnt 97,900 123,800 6,700 130,500 21,513 - 108,988 2 98610 Hurricane Irma 1,511,864 2,532,457 82,749 2,615,205 2,706,118 - (90,913) 3 99215 Police Extra Duty 3,323,638 3,883,459 193,157 4,076,616 3,808,851 - 267,765 4 99241 Human Trafficking Overtime 87,000 87,000 - 87,000 70,954 - 16,046 99279 Police Recruitments 171,010 171,010 - 171,010 66,906 - 104,104 99281 Fed Forfeitures - Treasury 194,515 196,150 - 196,150 120,171 - 75,980 99316 Police Volunteers 153,519 153,519 - 153,519 143,077 - 10,442 99317 Police Education Fund 1,363,042 1,385,885 5,895 1,391,780 1,304,567 - 87,212 5 99329 Investigative Recovery Costs 2,602,600 2,736,772 (134,810) 2,601,962 2,360,576 9,134 232,252 6 99330 FL Contraband Forfeiture Fnd 1,028,533 911,068 151,104 1,062,172 757,538 - 304,634 7 99350 Vehicle Replacement Fund 398,195 457,537 9,485 467,022 252,888 38,878 175,256 8 99356 Safe Neighborhood Program 1,216,702 1,341,846 - 1,341,846 1,174,404 5,447 161,995 99364 Crime Prevention Program 161,284 174,374 30,000 204,374 148,358 12,329 43,688 9 99387 Federal Forfeiture Sharing 2,477,549 2,598,596 (175,306) 2,423,290 1,817,512 33,033 572,745 10 99927 Emergency Operations 4,144,887 4,118,821 - 4,118,821 3,097,803 2,000 1,019,018 99982 EMS Incentive/Recognition 69,700 69,700 - 69,700 41,088 - 28,612 G1802 2017 JAG Grant 46,977 46,977 - 46,977 46,977 - - G1804 2019 HVE Ped & Bicycle Safety 50,000 49,762 - 49,762 49,762 - 0 G2003 2020 HVE Ped & Bicycle Safety - 80,000 - 80,000 58,128 - 21,872 P1801 School Resource Officers 599,965 1,070,735 - 1,070,735 870,856 - 199,879 D2001 COVID-19 Prep & Response - 200,000 - 200,000 147,103 36,213 16,684 P2001 Police Boat Replacement - - 181,526 181,526 - - 181,526 11 P2002 Police Body Worn Camera Program - - 346,163 346,163 - - 346,163 12 Sub-Total 19,698,880 22,389,468 696,662 23,086,130 19,065,148 137,034 3,883,948 PHYSICAL ENVIRONMENT PROGRAMS 99970 Tree Replacement Project 1,599,914 1,914,539 5,040 1,919,579 922,755 24,509 972,315 13 Sub-Total 1,599,914 1,914,539 5,040 1,919,579 922,755 24,509 972,315 TRANSPORTATION PROGRAMS 98604 2016 Clearwater Ferry 519,120 519,120 - 519,120 519,120 - - Sub-Total 519,120 519,120 - 519,120 519,120 - - ECONOMIC ENVIRONMENT PROGRAMS 99538 Affordable Housing Imp Fees 447,612 453,872 - 453,872 453,872 - 0 99729 Joint Hercules Pln & Econ Study 150,000 150,000 - 150,000 - - 150,000 99764 Public Facilities 2018 448,919 443,768 - 443,768 250,534 193,234 - 99767 Infill Housing 2018 74,746 60,899 - 60,899 60,899 - 0 99768 Public Services 2018 106,725 93,985 - 93,985 93,985 - - 99802 Brownfield Revolving Loan 1,206,597 1,216,732 - 1,216,732 420,381 - 796,351 99846 Economic Development - QTI 153,649 153,649 - 153,649 71,591 - 82,058 99871 State Brownfields Redevelopment Acct 165,463 165,463 - 165,463 165,463 - 0 C 99888 ULI Report Implementation 875,000 875,000 - 875,000 875,000 - - G1902 Public Facilities 2019 332,954 319,253 - 319,253 233,920 85,333 - G1903 Economic Development 2019 135,000 55,000 - 55,000 55,000 - - G1904 Program Administration 2019 186,188 165,588 - 165,588 182,988 - (17,400) G1905 Infill Housing 2019 282,297 162,359 - 162,359 162,359 - 0 G1906 Public Services 2019 111,140 107,243 - 107,243 107,243 - - G2004 Public Facilities 2020 113,938 252,812 (22,467) 230,345 345 99,000 131,000 14 G2005 Economic Development 2020 188,039 188,039 (128,039) 60,000 13,875 46,125 - 15 G2006 Program Administration 2020 261,309 261,309 - 261,309 111,849 - 149,460 33 SPECIAL PROGRAM STATUS SUMMARY THIRD QUARTER REVIEW: October 1, 2018 to June 30, 2019 Actual Expenditures Budget Amended Revised Project Open Available Amend Description Budget Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref ECONOMIC ENVIRONMENT PROGRAMS (continued) G2007 Infill Housing 2020 86,154 86,154 (86,154) - - - - C 16 G2008 Public Services 2020 114,600 114,603 - 114,603 81,145 33,458 - M2009 Afford Housing & Comm Development - 290,853 - 290,853 - - 290,853 G2010 CDBG-CV Fund - 623,592 623,592 10,025 - 613,567 G2011 Back to Business Grant Program - 3,500,000 50,000 3,550,000 720,000 - 2,830,000 17 G2101 Public Facilities 2021 - - 22,467 22,467 - 22,467 18 G2102 Economic Development 2021 - - 128,039 128,039 - 128,039 19 G2104 Infill Housing 2021 - - 86,154 86,154 - 86,154 20 Sub-Total 5,440,332 9,740,174 50,000 9,553,514 4,070,474 457,150 5,025,890 HUMAN SERVICES PROGRAMS 98601 Next Steps to Better Nutrition 10,000 10,000 - 10,000 6,544 - 3,456 98606 Senior Citizens Services - EBWP 24,960 24,960 - 24,960 24,960 - - 98607 Senior Citizens Services - Trips 14,000 14,000 - 14,000 10,858 - 3,142 99562 HUD Special Education 30,000 30,000 - 30,000 27,600 - 2,400 99844 United Way 13,580 13,580 - 13,580 10,883 - 2,697 99869 Health Prevention Program 195,269 195,269 - 195,269 176,019 - 19,251 99872 Coordinated Child Care - Ross Norton 2,718,545 3,171,577 - 3,171,577 2,278,681 3,000 889,896 Sub-Total 3,006,354 3,459,386 - 3,459,386 2,535,545 3,000 920,842 CULTURE AND RECREATION PROGRAMS 98608 Clark-Turner Trust (Library)106,077 106,077 - 106,077 - - 106,077 99910 Library Special Account 856,908 880,899 9,500 890,399 841,531 - 48,869 21 G1907 Clearwater for Youth Grants 18,000 18,000 - 18,000 8,278 - 9,722 PRSE190001 Special Events 1,737,345 2,466,950 25,000 2,491,950 2,228,635 18,341 244,975 22 Sub-Total 2,718,330 3,471,926 34,500 3,506,426 3,078,443 18,341 409,642 TOTAL ALL PROJECTS 35,399,003 44,161,423 829,781 44,754,544 32,163,720 647,534 11,943,289 34 City of Clearwater SPECIAL DEVELOPMENT FUND THIRD QUARTER FY 2019/20 Increase/ (Decrease)Description Revenues Ad Valorem Taxes 13,865 An increase in ad valorem taxes to bring the budget in line with actual receipts for the year. Local Option Gas Tax (140,000) A decrease in Local Option Gas Tax revenues to bring the budget in line with anticipated receipts for the year. Sales Tax Infrastructure (300,000) An increase in Sales Tax Infrastructure revenues to bring the budget in line with anticipated receipts for the year. Open Space Fees 261,609 An increase in open space fees to bring the budget in line with actual receipts for the year. Recreation Facility Impact Fees 125,950 An increase in recreation facility impact fees to bring the budget in line with actual receipts for the year. Recreation Land Impact Fees 744,584 An increase in recreation land impact fees to bring the budget in line with actual receipts for the year. Interest Earnings 375,000 An increase in interest earnings to bring the budget in line with anticipated receipts for the year. Fee in Lieu of Sidewalks 59,171 An increase in fee in lieu of sidewalks to bring the budget in line with actual receipts for the year. 1,140,179$ Net Revenue Amendments Expenditures No amendments are proposed to Special Development Fund expenditures at third quarter. -$ Net Expenditure Amendments 35 SPECIAL REVENUE FUNDS Third Quarter: October 1, 2019 - June 30, 2020 Original First Quarter Mid Year Third Quarter Budget Amended Budget Amended Budget Amended Budget 2019/20 2019/20 2019/20 2019/20 Amendments Revenues: Ad Valorem Taxes 3,247,290 3,247,290 3,247,290 3,261,155 13,865 Infrastructure Tax 11,763,080 11,763,080 11,763,080 11,463,080 (300,000) Interest Earnings 550,000 550,000 550,000 925,000 375,000 Open Space Fees - - - 261,609 261,609 Recreation Facility Impact Fees - - - 125,950 125,950 Recreation Land Impact Fees - - - 744,584 744,584 Fee in Lieu of Sidewalks - - - 59,171 59,171 Multi-Modal Impact Fees 150,000 150,000 150,000 150,000 - Local Option Gas Tax 1,516,150 1,516,150 1,516,150 1,376,150 (140,000) Allocation of Assigned Fund Balance 2,057,170 2,057,170 2,057,170 2,057,170 - 19,283,690 19,283,690 19,283,690 20,423,869 1,140,179 Expenditures: Transfer to Capital Improvement Fund - Road Millage 3,247,290 3,247,290 3,247,290 3,247,290 - Infrastructure Tax 13,820,250 13,820,250 13,820,250 13,820,250 - Multi-Modal Impact fees 140,000 140,000 140,000 140,000 - Local Option Gas Tax 1,427,120 1,427,120 1,427,120 1,427,120 - 18,634,660 18,634,660 18,634,660 18,634,660 - SPECIAL DEVELOPMENT FUND 36 SPECIAL REVENUE FUNDS Third Quarter: October 1, 2019 - June 30, 2020 Original First Quarter Mid Year Third Quarter Budget Amended Budget Amended Budget Amended Budget 2019/20 2019/20 2019/20 2019/20 Amendments Revenues: CDBG Program Income 764,040 764,040 764,040 764,040 - Interest Earnings 100,000 143,006 143,006 143,006 - Intergovernmental Revenue - 1,232,356 2,759,277 2,892,026 132,749 Charges for Service Revenue - 457,913 693,424 927,766 234,342 Judgments, Fines and Forfeit Revenue - 521,356 769,930 1,022,263 252,333 Miscellaneous Revenue - 472,991 996,783 1,036,283 39,500 Transfers from General Fund:- - 3,500,000 3,670,857 170,857 Sister City Program 37,380 37,380 37,380 37,380 - United Way Campaign Fund 1,500 1,500 1,500 1,500 - Special Events 349,730 349,730 349,730 349,730 - Economic Development QTI 13,230 13,230 13,230 13,230 - Police Recruitments 30,000 30,000 30,000 30,000 - 1,295,880 4,023,502 10,058,301 10,888,081 829,781 Expenditures: General Government 37,380 94,580 288,116 331,695 43,578 Public Safety 30,000 1,405,779 2,720,588 3,417,250 696,662 Physical Environment - 311,217 314,625 319,665 5,040 Transportation - - - - - Economic Environment 516,960 824,211 4,816,803 4,866,803 50,000 Human Services 1,500 454,532 454,532 454,532 - Culture and Recreation 349,730 572,873 1,103,327 1,137,827 34,500 Interfund Transfers 260,310 260,310 260,310 260,310 - Transfer to Capital Fund - - - - - 1,195,880 3,923,502 9,958,301 10,788,081 829,781 Revenues: HOME Investment Partnerships 383,980 383,980 383,980 383,980 - State Housing Initiatives Partnerships 262,000 262,000 262,000 262,000 - Total - HOME/SHIP Funds 645,980 645,980 645,980 645,980 - Expenditures: Economic Environment 551,380 551,380 551,380 551,380 - Interfund Transfers 94,600 94,600 94,600 94,600 - Total - HOME/SHIP Programs 645,980 645,980 645,980 645,980 - SPECIAL PROGRAM FUND LOCAL HOUSING ASSISTANCE TRUST FUND 37 ADMINISTRATIVE CHANGE ORDERS Third Quarter Review FY 2019/20 38 In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and execute change orders without City Council approval within certain limitations. The following change orders have been administratively approved since the last report to the Council based on the code specified criteria: 1. Increases do not exceed 10% over Council approved amount on a cumulative basis. 2. Change does not change the scope of a project. 3. Price increases do not require additional appropriation to the project. 4. Contract price decreases may be approved without limitation. 5. The time for completion may not be extended by more than sixty (60) days, in any one change or cumulatively for the same project. ***** 06/08/20 Administrative Change Order #1 – Underground Refuse (19-0003-SW). This change order increases and adds items to add survey to detect utility conflicts resulting in a net increase to the contract. Biltmore Construction Co., Inc. 19,326.00 07/20/20 Administrative Change Order #4 & Final – Hillcrest Avenue Bypass Culvert (13-0042-EN). This change order decreases, increases, and adds items and adds 40 calendar days to the contract in accordance with field conditions to close the contract resulting in a net decrease to the contract. Keystone Excavators, Inc. (315,491.66) 07/29/20 Administrative Change Order #1 & Final – 2019 City Seawalls (19-0003- SW). This change order decreases, increases, and adds items in accordance with field conditions to close the contract resulting in a net increase to the contract. Waterfront Engineering, Inc. 11,690.22 Ordinance #9410-20 ORDINANCE NO. 9410-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2020 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, WATER AND SEWER FUND, GAS FUND, AND AIRPARK FUND AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2020, for operating purposes, including debt service, was adopted by Ordinance No. 9323-19; and WHEREAS, at the third quarter review it was found that a decrease of $358,379 is necessary for revenues and a decrease of $1,238,558 is necessary for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1 of Ordinance No. 9323-19 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2019 and ending September 30, 2020 a copy, of which is on file with the City Clerk, the City Council hereby adopts an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL _________________________ READING AND ADOPTED _______________________________ Frank Hibbard, Mayor Approved as to form: Attest: _______________________________ ________________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk EXHIBIT A 2019-20 BUDGET REVENUE First Third Quarter Mid Year Quarter Budgeted Amended Amended Amended Revenues Budget Budget Budget Budget 2019/20 2019/20 2019/20 2019/20 Amendment General Fund: Ad Valorem Taxes 64,911,420 64,911,420 64,911,420 65,233,560 322,140 Utility Taxes 15,575,000 15,575,000 15,575,000 16,525,000 950,000 Local Option, Fuel & Other Taxes 6,614,400 6,614,400 6,614,400 6,414,400 (200,000) Franchise Fees 10,010,000 10,010,000 10,010,000 10,060,000 50,000 Other Permits & Fees 2,739,000 2,739,000 2,739,000 2,969,000 230,000 Intergovernmental Revenues 23,499,780 23,499,780 23,499,780 22,013,853 (1,485,927) Charges for Services 15,569,430 15,569,430 15,569,430 14,154,430 (1,415,000) Judgments, Fines & Forfeitures 1,264,000 1,264,000 1,264,000 1,424,000 160,000 Miscellaneous Revenues 2,748,000 2,779,819 4,708,482 4,797,252 88,770 Transfers In 11,330,850 11,427,033 11,427,033 12,954,362 1,527,329 Other Financing Sources - - - - - Transfer (to) from Reserves (2,268,680) (2,268,680) (695,777) (1,895,604) (1,199,827) Total, General Fund 151,993,200 152,121,202 155,622,768 154,650,253 (972,515) Special Revenue Funds: Special Development Fund 19,283,690 19,283,690 19,283,690 20,423,869 1,140,179 Special Program Fund 1,295,880 4,023,502 10,058,301 10,888,081 829,781 Local Housing Asst Trust Fund 645,980 645,980 645,980 645,980 - Utility & Other Enterprise Funds: Water & Sewer Fund 100,907,140 100,907,140 100,907,140 100,908,316 1,176 Stormwater Utility Fund 22,821,340 22,821,652 22,821,964 22,821,964 - Solid Waste & Recycling Fund 26,920,400 27,280,342 27,280,342 27,280,342 - Gas Fund 47,762,130 47,762,130 49,146,750 47,789,750 (1,357,000) Airpark Fund 342,680 342,680 342,680 342,680 - Marine Fund 5,164,400 5,164,400 5,164,400 5,164,400 - Clearwater Harbor Marina 885,820 885,820 885,820 885,820 - Parking Fund 6,936,140 6,936,307 6,936,474 6,936,474 - Internal Service Funds: Administrative Services Fund 12,996,930 12,997,139 12,997,139 12,997,139 - General Services Fund 6,235,250 6,235,456 6,235,456 6,235,456 - Garage Fund 20,788,800 20,789,022 20,789,022 20,789,022 - Central Insurance Fund 26,209,300 26,209,300 26,209,300 26,209,300 - Total, All Funds 451,189,080 454,405,762 465,327,226 464,968,846 (358,379) Ordinance #9410-20 EXHIBIT A (Continued) 2019-20 BUDGET EXPENDITURES First Third Quarter Mid Year Quarter Original Amended Amended Amended Budget Budget Budget Budget Budget 2019/20 2019/20 2019/20 2019/20 Amendment General Fund: City Council 391,040 391,040 391,040 391,040 - City Manager's Office 1,212,580 1,212,631 1,212,631 1,212,631 - City Attorney's Office 1,770,760 1,770,829 1,770,829 1,770,829 - City Auditor's Office 226,000 226,012 226,012 226,012 - CRA Administration 459,530 459,557 459,557 459,557 - Economic Development & Housing Svc 1,907,560 1,907,626 1,907,626 1,907,626 - Engineering 8,330,520 8,330,862 8,331,204 8,331,204 - Finance 2,747,190 2,747,367 2,747,367 2,747,367 - Fire 28,532,540 28,532,540 28,533,764 28,442,216 (91,548) Human Resources 1,575,860 1,575,860 1,575,860 1,575,860 - Library 7,871,950 7,871,950 7,871,950 7,871,950 - Non-Departmental 10,948,640 11,075,832 14,575,832 14,876,689 300,857 Official Records & Legislative Svcs 1,224,070 1,224,070 1,224,070 1,224,070 - Parks & Recreation 31,807,990 31,807,990 31,807,990 30,362,990 (1,445,000) Planning & Development 6,571,820 6,571,820 6,571,820 6,571,820 - Police 44,832,880 44,832,880 44,832,880 45,096,056 263,176 Public Communications 1,192,620 1,192,686 1,192,686 1,192,686 - Public Utilities 389,650 389,650 389,650 389,650 - Total, General Fund 151,993,200 152,121,202 155,622,768 154,650,253 (972,515) Special Revenue Funds: Special Development Fund 18,634,660 18,634,660 18,634,660 18,634,660 - Special Program Fund 1,195,880 3,923,502 9,958,301 10,788,081 829,781 Local Housing Asst Trust Fund 645,980 645,980 645,980 645,980 - Utility & Other Enterprise Funds: Water & Sewer Fund 100,907,140 100,907,140 100,907,140 100,908,316 1,176 Stormwater Utility Fund 22,821,340 22,821,652 22,821,964 22,821,964 - Solid Waste & Recycling Fund 26,439,080 27,280,342 27,280,342 27,280,342 - Gas Fund 46,922,560 46,922,560 48,236,939 47,129,939 (1,107,000) Airpark Fund 280,690 284,583 290,987 300,987 10,000 Marine Fund 5,058,860 5,058,860 5,058,860 5,058,860 - Clearwater Harbor Marina 821,500 821,500 821,500 821,500 - Parking Fund 6,044,620 6,234,912 6,235,079 6,235,079 - Internal Service Funds: Administrative Services Fund 12,765,760 12,765,969 12,765,969 12,765,969 - General Services Fund 6,155,950 6,156,156 6,156,156 6,156,156 - Garage Fund 20,788,800 20,789,022 20,789,022 20,789,022 - Central Insurance Fund 25,590,100 25,590,100 25,590,100 25,590,100 - Total, All Funds 447,066,120 450,958,140 461,815,767 460,577,208 (1,238,558) Ordinance #9410-20 Ordinance #9411-20 ORDINANCE NO. 9411-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2020, TO REFLECT A NET DECREASE OF $1,421,666 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2020 was adopted by Ordinance No. 9324-19; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Section 1 of Ordinance No. 9324-19 is amended to read: Pursuant to the Third Quarter Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2019 and ending September 30, 2020, a copy of which is on file with the City Clerk, the City Council hereby adopts a Third Quarter Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank Hibbard, Mayor Approved as to form: Attest: ______________________________ ____________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk First Qtr.Mid Year Third Qtr. Original Amended Amended Amended Budget Budget Budget Budget 2019/20 2019/20 2019/20 2019/20 Amendments Police Protection 1,075,000 1,075,000 1,075,000 1,075,000 Fire Protection 2,141,000 2,141,000 1,762,053 1,940,833 178,780 Major Street and Sidewalk Maintenance 5,279,260 4,972,887 4,972,887 4,972,887 Intersections 315,400 365,594 365,594 403,524 37,930 Parking 724,000 724,000 724,000 724,000 Miscellaneous Engineering 8,091,500 9,691,500 9,691,500 9,691,500 Park Development 6,484,000 6,484,000 6,484,000 6,250,398 (233,602) Marine Facilities 1,005,000 1,005,000 1,005,000 1,005,000 Airpark Facilities 25,000 44,467 76,485 86,485 10,000 Libraries 193,080 193,080 193,080 193,080 Garage 9,022,300 9,046,118 9,046,118 7,381,345 (1,664,773) Maintenance of Buildings 3,225,000 3,225,000 3,225,000 3,225,000 Miscellaneous 1,785,000 46,605 161,658 161,658 Stormwater Utility 6,179,400 6,179,400 6,179,400 6,179,400 Gas System 7,045,000 7,045,000 7,403,601 7,653,601 250,000 Solid Waste & Recycling 600,000 1,985,490 1,985,490 1,985,490 Utilities Miscellaneous 620,000 620,000 620,000 620,000 Sewer System 33,765,160 33,765,160 33,722,096 33,722,096 Water System 7,553,070 7,553,070 7,696,092 7,696,092 TOTAL PROJECT EXPENDITURES 95,128,170 96,162,371 96,389,054 94,967,388 (1,421,666) GENERAL SOURCES: General Operating Revenue 10,750,580 10,868,573 10,868,573 10,998,573 130,000 Penny for Pinellas 13,820,250 13,820,250 13,820,250 13,820,250 Road Millage 3,247,290 3,247,290 3,247,290 3,247,290 Local Option Gas Tax 1,427,120 1,427,120 1,427,120 1,427,120 Other Governmental 2,747,740 2,813,165 2,853,528 2,853,528 Multi-Modal Impact Fee 140,000 140,000 140,000 140,000 Donations 50,000 50,000 50,000 50,000 Intergovernmental - - - 181,711 181,711 Grants - 581 (303,676) (667,277) (363,602) Other - - - 70,227 70,227 SELF SUPPORTING FUNDS: Parking Revenue 774,000 774,000 774,000 774,000 Marine Revenue 355,000 355,000 355,000 355,000 Clearwater Harbor Marina Revenue 140,000 140,000 140,000 140,000 Airpark Revenue 25,000 28,893 35,297 45,297 10,000 Water Revenue 4,405,000 4,405,000 4,538,901 4,538,901 Sewer Revenue 22,261,750 22,261,750 22,261,750 22,261,750 Utility R&R 9,248,000 9,248,000 9,248,000 9,248,000 Water Impact Fees 298,070 298,070 298,070 298,070 Sewer Impact Fees 666,670 666,670 666,670 666,670 Stormwater Utility Revenue 6,179,400 6,179,400 6,179,400 6,179,400 Gas Revenue 7,000,000 7,000,000 7,002,800 7,252,800 250,000 Solid Waste Revenue 500,000 1,341,262 1,341,262 1,341,262 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2019/20 Ordinance # 9411-20 First Qtr.Mid Year Third Qtr. Original Amended Amended Amended Budget Budget Budget Budget 2019/20 2019/20 2019/20 2019/20 Amendments EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2019/20 Recycling Revenue 100,000 100,000 100,000 100,000 Miscellaneous Revenue 405,695 405,695 Grant Revenue 30,614 30,614 INTERNAL SERVICE FUNDS: Garage Revenue 559,300 559,300 559,300 559,300 General Services Revenue 75,000 75,000 75,000 75,000 Administrative Services Revenue 825,000 262,000 262,000 262,000 Central Insurance Revenue 125,000 125,000 125,000 125,000 BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 141,000 164,818 164,818 164,817 (1) BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Water & Sewer 311,000 311,000 222,163 222,163 Lease Purchase - Gas 45,000 45,000 45,000 45,000 Lease Purchase - Solid Waste/Recycling 544,228 544,228 544,228 BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 8,321,000 8,321,000 8,321,000 6,621,000 (1,700,000) Lease Purchase - Administrative Services 590,000 590,000 590,000 590,000 TOTAL ALL FUNDING SOURCES:95,128,170 96,162,371 96,389,054 94,967,388 (1,421,666) Ordinance # 9411-20 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8225 Agenda Date: 9/17/2020 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Appoint eleven members to the Affordable Housing Advisory Committee, to include Councilmember Kathleen Beckman as the locally elected official, and adopt Resolution 20-50. SUMMARY: 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 (11) 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: 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: Peggy Cutkomp ·Employers representative: 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, 2020, 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. At the September 14 work session, there was council consensus to appoint Councilmember Beckman as the locally elected official. Page 1 City of Clearwater Printed on 9/17/2020 File Number: ID#20-8225 APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 9/17/2020 Resolution No. 20-50 RESOLUTION NO. 20-50 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPOINTING THE AFFORDABLE HOUSING ADVISORY COMMITTEE (“COMMITTEE”) IN ACCORDANCE WITH FLORIDA STATUTE SECTION 420.9076, AND REQUIRED FOR PURPOSES OF THE STATE HOUSING INITIATIVES PARTNERSHIP (“SHIP”) PROGRAM; PROVIDING THAT THE CITY’S NEIGHBORHOOD AND AFFORDABLE HOUSING ADVISORY BOARD (“NAHAB”) SHALL SERVE AS SAID COMMITTEE; APPOINTING EXISTING NAHAB MEMBERS TO THE COMMITTEE; APPOINTING ADDITIONAL MEMBERS TO THE COMMITTEE IN ACCORDANCE WITH SECTION 2.228, CODE OF ORDINANCES OF THE CITY OF CLEARWATER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida enacted the State Housing Initiatives Partnership Act (“Act”) also known as the William E. Sadowski Affordable Housing Act, which allocates a portion of new and existing documentary stamp taxes on deeds to local governments for development of affordable housing through the SHIP Program; and WHEREAS, the Act requires that in order to receive SHIP funds, the local government appoint an Affordable Housing Advisory Committee to recommend monetary and non-monetary incentives for the Affordable Housing Incentive Plan and that its members be appointed by resolution; and it is desirable that the City Neighborhood and Affordable Housing Advisory Board (“NAHAB”) serve as the Affordable Housing Advisory Committee; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: SECTION 1: That the following existing members of the Neighborhood and Affordable Housing Advisory Board are hereby appointed, for a term of one year, as members of the Affordable Housing Advisory Committee:  Maria (Gaby) Camacho representing those areas of labor engaged in home building in connection with affordable housing  Linda Kemp representing the banking or mortgage industry in connection with affordable housing  Peter Scalia as an advocate for low-income persons in connection with affordable housing  Peggy Cutkomp representing those who are actively engaged as a real estate professional in connection with affordable housing  Carmen Santiago as citizen who resides within the City of Clearwater  Camille Hebting representing employers within the City of Clearwater  Kevin Chinault representing a not-for-profit provider of affordable housing Resolution No. 20-50 SECTION 2: That the following persons are hereby appointed, for a term of one year, to the Affordable Housing Advisory Committee:  Pierre Cournoyer representing the residential home building industry  Michael Boutzoukas who serves on the local planning agency  Jacqueline Rivera representing essential services personnel  Kathleen Beckman as a locally elected official SECTION 3: This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 17th day of September 2020. Approved on ______ day of __________, 2020. ______________________ Frank V. Hibbard Mayor Approved as to form: Attest: ___________________ ______________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8230 Agenda Date: 9/17/2020 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-51. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/17/2020 Resolution No. 20-51 RESOLUTION NO. 20-51 CONFIRMATION OF COVID-19 EMERGENCY PROCLAMATION – SEPT. 17, 2020 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, CONFIRMING DECLARATIONS OF A STATE OF EMERGENCY AND CONFIRMING MODIFICATION OF EMERGENCY REGULATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, a state of emergency in the City of Clearwater was proclaimed by Mayor George N. Cretekos, upon recommendation by the Emergency Management Director (City Manager William B. Horne), after certification of emergency conditions by the Emergency Management Coordinator (Fire Division Chief of Emergency Management Jevon Graham), on March 18, 2020 due to the unmitigated spread of coronavirus disease (COVID-19); and WHEREAS, the March 18, 2020 state of emergency was confirmed by City Council in Resolution 20-11 later that day, extended 7 days by Mayor George N. Cretekos on March 25, extended 7 days by Mayor Frank Hibbard on April 1, confirmed by City Council in Resolution 20-14 on April 2, extended 7 days by Mayor Frank Hibbard on April 8 and 15, confirmed by City Council in Resolution 20-16 on April 16, extended 7 days by Mayor Frank Hibbard on April 22, 29, and May 6, confirmed by City Council in Resolution 20-19 on May 7, extended 7 days by Mayor Frank Hibbard on May 13 and 20, confirmed by City Council in Resolution 20-22 on May 21, extended 7 days by Mayor Frank Hibbard on May 27 and June 3, confirmed by City Council in Resolution 20-28 on June 4, extended 7 days by Mayor Frank Hibbard on June 10 and 17, confirmed by City Council in Resolution 20-30 on June 18, extended 7 days by Mayor Frank Hibbard on June 24, July 1, 8, and 15, confirmed by City Council in Resolution 20-32 on July 16, extended 7 days by Mayor Frank Hibbard on July 22, 29, and August 5, confirmed by City Council in Resolution 20-36 on August 6, and extended 7 days by Mayor Frank Hibbard on August 12 and 19, confirmed by City Council in Resolution 20-44 on August 20, extended 7 days by Mayor Frank Hibbard on August 26 and September 2, confirmed by City Council in Resolution 20-47 on September 3, and extended 7 days by Mayor Frank Hibbard on September 9 and 16, 2020; and WHEREAS, COVID-19 is a severe acute respiratory illness that can spread among humans through respiratory transmission and presents with symptoms similar to those of influenza, with no available vaccine or cure; and WHEREAS, on January 31, 2020 the United States Department of Health and Human Services declared that a public health emergency exists nationwide as a result of confirmed cases of COVID-19 in the United States; and WHEREAS, on March 1, 2020 Governor Ron DeSantis issued Executive Order 20- 51, declaring that appropriate measures to control the spread of COVID-19 in the State of Florida are necessary, and therefore directed that a Public Health Emergency be declared in the State of Florida; and Resolution No. 20-51 WHEREAS, on March 9, 2020 Governor Ron DeSantis issued Executive Order 20- 52 declaring a State of Emergency for COVID-19; and WHEREAS, the World Health Organization declared COVID-19 a pandemic on March 11, 2020, which is defined as “worldwide spread of a new disease,” and is the first declared pandemic since the H1N1 "swine flu" in 2009; and WHEREAS, on March 13, 2020 President Donald J. Trump declared a national state of emergency; and WHEREAS, on March 16, 2020 President Trump and CDC issued the “15 Days to Slow the Spread” guidance advising individuals to adopt far-reaching social distancing measures. such as working from home and avoiding gatherings of more than 10 people; and WHEREAS, on March 17, 2020 Governor Ron DeSantis issued Executive Order 20- 68 closing bars, pubs and nightclubs for 30 days, recommending that public beachgoers follow CDC guidelines limiting group sizes and social distancing, and ordering that restaurants limit occupancy to 50% of current building capacities and begin employee screening; and WHEREAS, on March 18, 2020 the City of Clearwater passed Resolution 20-11, cancelling most City meetings and groups, prohibiting all in-person gatherings of 10 people or more, closed all beaches, closed all libraries, closed all recreation centers, required businesses open to the public to provide hand sanitizer, gave the Emergency Management Director authority to close parking as necessary, prohibited price gouging, and enabled emergency procurement procedures; and WHEREAS, on March 19, 2020 Pinellas County passed Resolution 20-17, closing all public beaches within the county; and WHEREAS, on March 20, 2020 Governor Ron DeSantis issued Executive Order 20- 71, suspending all sales of food and alcohol in the State by establishments for on-site consumption and allowing for take-out or delivery service, and closing all gyms and fitness centers; and WHEREAS, on March 20, 2020 Governor Ron DeSantis issued Executive Order 20- 72, prohibiting elective and unnecessary medical procedures; and WHEREAS, on March 24, 2020 Governor Ron DeSantis issued Executive Order 20- 83, recommending an advisory to all persons over 65 and those with underlying serious medical conditions to stay home and limit risk of exposure; and WHEREAS, on March 25, 2020 Pinellas County passed Resolution 20-20, “COVID- 19 Safer at Home Order,” directing individuals to limit non-essential activity and/or Resolution No. 20-51 transportation, closing places of public assembly, and ordering the closure of non-essential businesses if they can not comply with current CDC social distancing guidelines; and WHEREAS, on March 27, 2020 Governor Ron DeSantis issued Executive Order 20- 86, retroactively ordering any person entering the State of Florida from “an area with substantial community spread” to self-quarantine for 14 days and inform anyone they have had direct physical contact with of their status; and WHEREAS, on April 1, 2020 Governor Ron DeSantis issued Executive Orders 20- 91 and 20-92, ordering all persons in Florida to limit their movements and personal interactions outside of their homes to only those necessary to obtain or provide essential services or conduct essential activities; and WHEREAS, on April 16, 2020 the City Council extended for 30 days and modified those emergency measures enacted by Resolution 20-11; and WHEREAS, on April 28, 2020 Pinellas County passed Resolution 20-34, “Order Relaxing Beach Restrictions With Conditions,” allowing public beaches to reopen consistent with CDC social distancing guidelines effective May 4, 2020; and WHEREAS, on April 29, 2020 Governor Ron DeSantis issued Executive Order 20- 112, ordering all persons in Florida to continue to limit their movements and personal interactions outside of their homes, and allowing restaurants to resume on-premises service with restrictions; and WHEREAS, on May 1, 2020 Pinellas County passed Resolution 20-39 “Order Clarifying Local Restrictions,” which gives support to Governor DeSantis’ EO 20-112, terminates Pinellas County Res. 20-20 and 20-23, but continues to restrict public playgrounds and pools, and requires social distancing; and WHEREAS, on May 1, 2020 City of Clearwater Emergency Management Director William B. Horne announced that Clearwater beaches would reopen May 4 in conjunction with Pinellas County’s Res. 20-34; and WHEREAS, on May 14, 2020 Governor Ron DeSantis issued Executive Order 20- 123, initiating the full Phase 1 of his “Safe. Smart. Step-by-Step. Plan for Florida’s Recovery” relaxing social distancing requirements and allowed limited reopening of businesses, including gyms and fitness centers; and WHEREAS, on May 21, 2020 the City Council adopted Resolution 20-22 terminating the emergency measures portions of Resolutions 20-11, 20-16, and 20-19, and granting the Emergency Management Director authority and flexibility to manage City facilities in response to Covid-19; and WHEREAS, on June 3, 2020 Governor Ron DeSantis issued Executive Order 20- 139, initiating Phase 2 of his “Safe. Smart. Step-by-Step. Plan for Florida’s Recovery” which Resolution No. 20-51 further relaxes social distancing guidelines, including avoiding congregating in groups larger than 50 persons, allows for restaurants, bars, and entertainment businesses to operate at 50% indoor capacity; and WHEREAS, on June 23, 2020 Pinellas County passed Ordinance 20-14 mandating, with some exceptions, that individuals wear a face covering in public indoor places, and encouraged exempt government entities to enact their own similar procedures to protect employees and members of the public; and WHEREAS, on June 25, 2020 City of Clearwater Emergency Management Director William B. Horne ordered that all persons, with some exceptions, wear a face covering in public indoor places within City of Clearwater buildings, facilities, and properties in conjunction with Pinellas County’s Ord. 20-14; and WHEREAS, on June 26, 2020 the Florida Department of Business and Professional Regulation issued Emergency Order 2020-09 suspending on-premises consumption of alcoholic beverages by vendors who derive more than 50% of gross revenue from sales of alcoholic beverages; and WHEREAS, on July 16, 2020 the City Council adopted Resolution 20-32 confirming extensions of the state of emergency and confirming the Emergency Management Director’s face covering order; and WHEREAS, on July 29, 2020 Governor Ron DeSantis issued Executive Order 20- 179 extending prior executive orders allowing local governments to hold virtual meetings without a physical quorum, and Executive Order 20-180 extending prior executive orders suspending mortgage foreclosure and eviction final actions; and WHEREAS, on August 7, 2020 Governor Ron DeSantis issued Executive Order 20- 193 extending prior executive orders allowing local governments to hold virtual meetings without a physical quorum until October 1, 2020; and WHEREAS, on August 31, 2020 Governor Ron DeSantis issued Executive Order 20-211 extending a prior executive order suspending final executions of mortgage foreclosure and eviction actions until October 1, 2020; and WHEREAS, on September 4, 2020 Governor Ron DeSantis issued Executive Order 20-213 extending the statewide state of emergency an additional 60 days; and WHEREAS, on September 10, 2020 the Florida Department of Business and Professional Regulation issued Emergency Order 2020-10 rescinding Emergency Order 2020-09, effective 12:01 a.m. Monday September 14, allowing bars to reopen at 50% capacity pursuant to the Governor’s Executive Order 20-39; and WHEREAS, as of September 17, 2020 663,234 Florida residents (671,201 total cases in Florida including non-residents), including 39,888 in Hillsborough County Resolution No. 20-51 (including 596 deaths), 10,985 in Manatee County (including 277 deaths), 8,640 in Pasco County (including 197 deaths), and 21,152 in Pinellas County (including 714 deaths) have tested positive for COVID-19; and WHEREAS, the City of Clearwater continues to be threatened by COVID-19 because of the apparent ability of the virus to spread rapidly among humans, and COVID- 19 thereby constitutes a clear and present threat to the health, safety, and welfare of the citizens and visitors of the City of Clearwater, and WHEREAS, Section 252.38, Florida Statutes authorizes the establishment and amendment of emergency measures during a state of emergency; and WHEREAS, Chapter 15, Code of Ordinances requires City Council to confirm any declaration of a state of emergency and all emergency regulations activated under the provisions of this chapter at their next regularly scheduled meeting; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. The September 9, 2020 state of emergency proclamation is hereby confirmed. Section 2. The September 16, 2020 state of emergency proclamation is hereby confirmed. Section 3. The Emergency Management Director’s action on September 16, 2020 suspending Section 7-103.E. of the Clearwater Development Code for the duration of the emergency in order to address public nuisances is hereby confirmed. Section 4. This resolution shall take effect immediately. The state of emergency must be renewed in seven-day increments pursuant to § 15.07(5), Code of Ordinances. PASSED AND ADOPTED this 17th day of September, 2020. Attest: _________________________ _______________________________ Rosemarie Call Frank Hibbard City Clerk Mayor Approved as to form: ___________________________ Pamela K. Akin City Attorney