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12/13/2021Monday, December 13, 2021 9:00 AM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers Council Work Session Work Session Agenda December 13, 2021Council Work Session Work Session Agenda 1. Call to Order 2. City Manager Adopt the 2022 Clearwater Cultural Arts Strategic Plan, providing recommendations for arts and cultural actions and programs for Fiscal Year 2022/23 through Fiscal Year 2028/29. (consent) 2.1 Approve a contract (purchase order) to Cenergistic LLC of Dallas, TX for the creation and implementation of a municipal energy savings program to include a third-party software in the amount of $16,900, pursuant to RFP 15-20, Energy Savings Program, and authorize the appropriate officials to execute same. (consent) 2.2 3. Economic Development and Housing Accept the 2021 Local Housing Incentive Strategy (LHIS) Report developed by the Affordable Housing Advisory Committee (AHAC). (APH) 3.1 Approve the City of Clearwater’s Fiscal Year 2020-2021 Consolidated Annual Performance and Evaluation Report. (APH) 3.2 4. Finance Award a contract for Other Post-Employment Benefits (OPEB) actuarial services for the five-year period ending December 31, 2026 to Gabriel, Roeder, Smith and Company for a not-to-exceed total of $72,730 and authorize the appropriate officials to execute same. (consent) 4.1 Approve a three-year renewal to the current CorVel Healthcare Corporation’s Agreement for the review of Workers Compensation Medical bills and Pharmacy Benefit Management services in the not-to-exceed amount of $200,000 for term January 1, 2022 through December 31, 2024, pursuant to Clearwater Code of Ordinances Section 2.563(1)(h), Workers Compensation, and authorize the appropriate officials to execute same. (consent) 4.2 5. Parks and Recreation Approve a Locally Funded Agreement between the State of Florida, Department of Transportation (FDOT), and the City of Clearwater to fund $250,000.00 of design fees for the State Road 60 (SR 60) Pedestrian Overpass from the Courtney Campbell Trail to Bayshore Trail and authorize the appropriate officials to execute same. (consent) 5.1 Page 2 City of Clearwater Printed on 12/10/2021 December 13, 2021Council Work Session Work Session Agenda Approve a template for a Facility Use Agreement between the City of Clearwater and the Clearwater Horseshoe Club, Clearwater Lawn Bowls Club and Clearwater Shuffleboard Club, for the use and supervision of certain city-owned buildings and facilities from January 1, 2022 through December 31, 2022, with a one-year renewal option, and authorize the appropriate officials to execute same. (consent) 5.2 Authorize Guaranteed Maximum Price proposals to Keystone Excavators, Inc. of Oldsmar, FL, in the amount of $2,151,361.10 and Certus Builders of Bristol, FL, in the amount of $431,991.00, each of which includes a 10% contingency, for renovations and improvements of Del Oro Park and new trail head located at 401 N. McMullen Booth Road, pursuant to Request for Qualifications (RFQ) 40-20, Construction Manager at Risk Services Continuing Contracts; capital improvement project transfers of $786,000.00 from ENST180005, Coastal Basin; $400,000.00 from C2209, Neighborhood Parks; and $1,050,000.00 from 93272, Bicycle Trails/Bridges to project 93667, Del Oro Park Renovations, and authorize the appropriate officials to execute same. (consent) 5.3 6. Police Department Approve an ancillary agreement with Axon Enterprise, Inc. of Scottsdale, AZ, in the amount of $375,074.99, for the purchase of additional body camera equipment, digital evidence storage and management, licensing, and training, in accordance with City Code of Ordinances Section 2.563(1)(c), Piggyback; and authorize the appropriate officials to execute same. (consent) 6.1 7. Engineering Award a construction contract to TLC Diversified, of Palmetto, FL, for the 2021 Annual Water and Reclaimed Water Repair and Improvements (21-0025-UT) in the amount of $6,000,000 for an initial one-year term with an option for three one-year renewals on a unit price basis for a total contract value of $24,000,000, per Invitation to Bid (ITB) 21-0025-UT, and authorize the appropriate officials to execute same. (consent) 7.1 Approve the conveyance of a Utility Easement to Spectrum Sunshine State, LLC for the installation, operation, and maintenance of electric facilities at the City’s State Street Park, whose address is 1971 North Betty Lane, and authorize the appropriate officials to execute same. (consent) 7.2 Approve the conveyance of a Utility Easement to Frontier Florida LLC for the installation, operation, and maintenance of communication facilities at the City’s State Street Park, whose address is 1971 North Betty Lane, and authorize the appropriate officials to execute same. (consent) 7.3 Page 3 City of Clearwater Printed on 12/10/2021 December 13, 2021Council Work Session Work Session Agenda 8. Information Technology Approve a Renewal of License and Maintenance Services Agreement with Environmental Systems Research Institute (ESRI) of Redwood, CA, for mapping and land management software licensing and maintenance in an amount not to exceed $285,000.00, which includes a contingency, pursuant to Clearwater Code of Ordinances Section 2.563 (1)(d), Non-competitive purchases (impractical), and authorize the appropriate officials to execute same. (consent) 8.1 Approve an Agreement with Invoice Cloud, Inc., Braintree, MA to provide electronic bill presentment and payment services for the City of Clearwater Utility Customer Service Department, from January 1, 2022 through December 31, 2024, in accordance with Clearwater Code of Ordinances Section 2.563 (1)(a), Single Source, and authorize the appropriate officials to execute same. (consent) 8.2 9. Solid Waste Authorize a partial amendment and assignment of site license agreement between the City of Clearwater and the L3Harris Technologies, Inc, a Delaware corporation, as successor in interest to M/A-COM Private Radio Systems, Inc., on behalf of its affiliates and subsidiaries and the State of Florida, Department of Management Services, an agency of the State of Florida, where this partial assignment and amendment is agreed to by the City of Clearwater, a municipal corporation of the state of Florida, and authorize the appropriate officials to execute same. (consent) 9.1 10. Official Records and Legislative Services Approve an agreement with Pinellas County Supervisor of Elections to conduct the City’s March 15, 2022 General Election, in the amount of $141, 532.88, and authorize the appropriate officials to execute same. (consent) 10.1 11. Legal Page 4 City of Clearwater Printed on 12/10/2021 December 13, 2021Council Work Session Work Session Agenda Adopt Ordinance 9516-21 on second reading, vacating public right-of-way described as that certain portion of North Osceola Avenue lying west of the west boundary of Block 2, Jones’ Subdivision of Nicholson’s Addition to Clearwater Harbor as recorded in Plat Book 1, Page 19 of the Public Records of Hillsborough County, of which Pinellas County was formerly a part, and lying east of the e3ast boundary of Block 1 of said Jones’ Subdivision of Nicholson’s Addition to Clearwater Harbor, and lying east of the east boundary of a portion of Lot B, Clovis C. Lutz Subdivision as recorded in Plat Book 35, Page 76 of the Public Records of Pinellas County, Florida. 11.1 Adopt Ordinance 9517-21 on second reading, vacating public right-of-way described as that certain portion of State Street abutting Lot 11 and Lot 18 of E.A. Marshall Subdivision as recorded in Plat Book 3, Page 44 of the Public Records of Pinellas County, Florida. 11.2 12. City Manager Verbal Reports 13. City Attorney Verbal Reports 14. Council Discussion Item PSTA/Forward Pinellas Update - Councilmember Allbritton14.1 15. New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1, Paragraph 2). 16. Closing Comments by Mayor 17. Adjourn 18. Presentation(s) for Council Meeting December Service Awards18.1 Page 5 City of Clearwater Printed on 12/10/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9990 Agenda Date: 12/13/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Manager's Office Agenda Number: 2.1 SUBJECT/RECOMMENDATION: Adopt the 2022 Clearwater Cultural Arts Strategic Plan, providing recommendations for arts and cultural actions and programs for Fiscal Year 2022/23 through Fiscal Year 2028/29. (consent) SUMMARY: In 2020, the City commissioned cultural planning consultants Designing Local to assist in the creation of a strategic plan to respond to Clearwater’s contemporary social and cultural makeup. In order to accurately reflect the city’s composition and current cultural offerings, Designing Local conducted a comprehensive survey of artists, stakeholders, arts agencies, and arts-adjacent citizens to establish key strategies that will guide the city over the next 5-7 years. Each strategy is supported by a series of action steps for implementing these recommendations. Each strategy further supports the city’s desire to transform communities and lives through the power of creative expression. The strategies developed for the 2022 - 2028 Cultural Arts Strategic Plan are as follows: 1.Strengthen the identity of neighborhoods through an investment in public art at the neighborhood level 2.Expand funding for public art through reinstating the Public Art in Private Development ordinance 3.Invest in iconic public art in strategic locations to bolster the overall public art experience 4.Strengthen existing programs and city departments through an expansion of offerings and injection of creativity 5.Implement programs that build the capacities of the arts and culture sector to be more unified in their vision toward the same goal 6.Define spaces within Clearwater that an investment in the arts can be concentrated for maximum impact 7.Support neighborhoods through broadening and diversifying arts experiences The Cultural Arts Strategic Plan is intended to be used as a roadmap for the future development of the Cultural Affairs Division. The Plan is meant to serve as the city’s guide for cultural development and investment. The arts and culture community has been heavily involved in producing the strategies outlined in the plan and should be involved as strong collaborators in the implementation of the Plan pursuant to the vision for the future. Private businesses and philanthropists should support the vision of the commuity as they consider new initiatives. Local school will be important partners in the facilitation of the Plan as they seek new ways to connect their students with creative resources. By connecting students with the vibrancy of cultural arts programming will build deeper relationships between students and the Page 1 City of Clearwater Printed on 12/10/2021 File Number: ID#21-9990 city, ensuring a future that continues the cultural traditons established through the city’s programs and initiatives. Page 2 City of Clearwater Printed on 12/10/2021 |1CITY OF CLEARWATER Clearwater Cultural Arts Strategic Plan (2022-2028) City Council Work Session December 13, 2021 |2CITY OF CLEARWATER Clearwater Cultural Arts Strategic Plan (2022-2028) City Council Meeting December 16, 2021 |3CITY OF CLEARWATER Designing Local, LTD •Selected through an open RFP process •Eight total applicants •Based in Columbus, OH •Founded in 2014 •Specializes in strategic and master planning for arts & culture, public art, historic preservation, landscape architecture, and urban planning & design. |4CITY OF CLEARWATER A History of Supporting the Arts and Culture •Partnerships with local organizations: Ruth Eckerd Hall, Francis Wilson Playhouse, City Players •Sister Cities cultural exchange since 1959 •Arts instruction through recreation centers •Artist in Residence Program in the 1980s •Partnered with the Clearwater Arts Alliance and Dr. Craig Dreezen on the Clearwater Cultural Plan (2002) |5CITY OF CLEARWATER |6CITY OF CLEARWATER Clearwater Cultural Plan (2002) •The Cultural Plan had 6 specific goals: –Stimulate cultural development –Create a Public Art Program –Enhance participation opportunities –Establish Clearwater as an artist-friendly city –Promote lifelong learning in the arts –Recognize the arts and culture as an economic engine |7CITY OF CLEARWATER Major Accomplishments of the Plan •Created the Cultural Affairs Division •Established the Public Art & Design Program •Adopted the Public Art in Private Development Ordinance |8CITY OF CLEARWATER |9CITY OF CLEARWATER A New Plan for New Times •Budget allocated in FY2019/2020 •Understand community needs and vision for the future: –Build on the accomplishments of the 2002 Plan –Evaluate current programming (public & private) –Engage in public feedback exercises –Develop key strategies and actions for the next 5-7 years |10CITY OF CLEARWATER •Revisit the 2002 document goals, objectives, strategies •Determine if tasks were: –Met –In process / ongoing –Not implemented –Not practical Build off the 2002 Plan |11CITY OF CLEARWATER |12CITY OF CLEARWATER Evaluate Current Programming •What is currently offered in the community? •Source: –City –Private –Partnership •Determine utilization and potential |13CITY OF CLEARWATER Collect Public Feedback •Public meetings •Stakeholder interviews •Essential individual / organization interviews •Future of the Arts and Culture in Clearwater Panel |14CITY OF CLEARWATER |15CITY OF CLEARWATER Develop Strategies & Actions •Guide for cultural development and investment •Seven strategies focused into 3 target areas: Public Art, Cultural Growth, and Place-Based Investments STRATEGY 1:Strengthen the identity of neighborhoods through an investment in public art at the neighborhood level. |16CITY OF CLEARWATER |17CITY OF CLEARWATER Strategies and Actions STRATEGY 2:Expand funding for public art through reinstating the Percent for Art in Private Development Ordinance. STRATEGY 3:Invest in iconic public art in strategic locations to bolster the public art experience. |18CITY OF CLEARWATER STRATEGY 4:Strengthen existing programs and city departments through expansion of offerings and injection of creativity. STRATEGY 5:Implement programs that build the capacities of the arts and culture sector to be more unified in their vision toward the same goal. Strategies and Actions |19CITY OF CLEARWATER |20CITY OF CLEARWATER Strategies and Actions STRATEGY 6:Define spaces within Clearwater that an investment in the arts can be concentrated for maximum effect. STRATEGY 7:Support neighborhoods through broadening and diversifying arts experiences. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-10035 Agenda Date: 12/13/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Manager's Office Agenda Number: 2.2 SUBJECT/RECOMMENDATION: Approve a contract (purchase order) to Cenergistic LLC of Dallas, TX for the creation and implementation of a municipal energy savings program to include a third-party software in the amount of $16,900, pursuant to RFP 15-20, Energy Savings Program, and authorize the appropriate officials to execute same. (consent) SUMMARY: In order to reduce its greenhouse gas emissions and meet the goals laid out in Greenprint 2.0, the City has committed to increase energy efficiency within its facilities. RFP 15-20 was issued to receive proposals from companies that could achieve energy savings through data informed behavior-based changes to maximize building efficiency while maintaining fiscal responsibility . A staff committee reviewed proposals received from three interested companies and Cenergistic was ranked highest in its ability to meet the City’s requirements. Cenergistic has worked for over 34 years to help more than 1,450 organization across the nation reduce greenhouse gases and save money in electricity, natural gas, and water costs . The company achieves such reductions by applying advanced technology and behavior-based conservation programs within buildings, as well as embed full -time onsite Energy Specialists to ensure all equipment and operation are working at peak efficiency and optimization. Based on information provided by the City, Cenergistic projects to conserve roughly 25% of energy currently used in city facilities. An initial purchase of $16,900.00 for a third-party software, EnergyCAP, is required to objectively report any experienced savings in energy and energy costs. For each month of the program, the City shall pay Cenergistic a performance fee in an amount equal to 50% of the total savings achieved during the prior month. Termination fees apply as described on pages 8-10 of the contract. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 0109211-530300, Contractual Services, to fund this contract. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 12/10/2021 Cenergistic – The Sustainability Company 5950 Sherry Ln #900, Dallas, TX 75225 info@cenergistic.com www.cenergistic.com Energy Conservation Proposal City of Clearwater Energy Savings Program RFP #: 15-20 Submission Deadline: March 10, 2020 Cenergistic 5950 Sherry Lane, Suite 900 Dallas, TX 75225 214.273.2800 Cenergistic – The Sustainability Company 5950 Sherry Ln #900, Dallas, TX 75225 info@cenergistic.com www.cenergistic.com Table of Contents Letter of Transmittal ...................................................................................................... 1 Firm Experience and Project Personnel ........................................................................ 3 Areas of Expertise ............................................................................................................................. 5 Licenses & Certifications ................................................................................................................... 6 Key Personnel Overview ................................................................................................................... 6 Project Plan/Approach ................................................................................................ 12 Program and implementation plan ................................................................................................... 12 Program Approach .......................................................................................................................... 13 Measurement & Verification ............................................................................................................. 19 References .................................................................................................................. 22 Client News ..................................................................................................................................... 23 Reference Letters ............................................................................................................................ 26 Percentage of Savings ................................................................................................ 27 Exhibit A – Proposal Pricing Sheet .................................................................................................. 27 Projected Savings for the City of Clearwater.................................................................................... 28 Savings Guarantee .......................................................................................................................... 29 Examples of Previous Programs...................................................................................................... 30 Other Forms ................................................................................................................ 31 Exceptions/Additional Materials/Addenda Form ............................................................................... 32 Vendor Information Form ................................................................................................................. 34 Vendor Certification of Proposal Form ............................................................................................. 35 Scrutinized Companies Form .......................................................................................................... 36 W-9 ................................................................................................................................................. 37 Certificate of Insurance .................................................................................................................... 38 Additional Materials ..................................................................................................... 40 Cenergistic’s Energy Savings Contract ............................................................................................ 41 Cenergistic – The Sustainability Company 5950 Sherry Ln #900, Dallas, TX 75225 info@cenergistic.com www.cenergistic.com Letter of Transmittal |1 Letter of Transmittal March 4, 2020 Ms. Lori Vogel City of Clearwater 100 S. Myrtle Ave.; 3rd Fl. Clearwater, Florida 33756 RE: Cenergistic’s Response to RFP #15-20 for Energy Savings Program Dear Ms. Vogel: Cenergistic is pleased to provide the enclosed response to the City of Clearwater’s Energy Savings Program. We applaud the City’s recognition that systematic energy conservation and sustainability services can both reduce energy resource consumption and save money. Cenergistic has more than three decades of success partnering with organizations like the City of Clearwater to achieve an average of 26% savings in utility costs. Our comprehensive energy management and conservation program helps our clients retain critical funds in the budget without sacrificing comfort or committing to new equipment installations. Under the Cenergistic program, savings materialize within weeks or months, not years, providing funds that help preserve critical programs and staff positions. Our award-winning, results-oriented approach is driven by Cenergistic’s in-house engineering, energy, building system and lean operating expertise, coupled with advanced technology and data tools. With over 130 industry licenses, certifications, and advanced degrees and an average of eight years of industry experience per employee, Cenergistic provides one of most qualified teams in the industry. In addition, Cenergistic’s program includes on-site, full-time Energy Specialists — employed, trained, and mentored by Cenergistic for the term of the energy savings contract. With the Cenergistic program, the City of Clearwater can expect: • $4 Million in projected net energy savings by utilizing our proprietary and award-winning process • Embedded, full-time Cenergistic-employed Energy Specialist • Regular onsite visits from engineers and conservation specialists • Incorporation of energy conservation activities into all city facilities, regardless of building age, retrofit, control system or solar • Access to real-time data about your energy savings from the GreenX™ technology suite Cenergistic welcomes any questions regarding this proposal, as well as the opportunity to discuss our proposal, comprehensive program, and methodology in more detail. We sincerely appreciate this opportunity and look forward to partnering with the City of Clearwater to conserve both energy and critical budget funds. Sincerely, John Bernard, President – Area Sales Letter of Transmittal |2 Energy Savings Program \ #15-20 March 10, 2020 Letter of Transmittal |2 Legal Name: Cenergistic LLC Company Legal Structure: Limited Liability Company Federal Tax ID: 75-2195821 Years in Business 34 # Employees: 250+ Markets: K-12 school districts, higher education institutions, municipality and county governments, health care, large churches Primary Contact for the Proposal: Deb Van Winkle Business Operations Analyst 5950 Sherry Lane, Suite 900 Dallas, TX 75225 214.273.2800 / dvanwinkle@cenergistic.com Firm Experience and Project Personnel |3 Energy Savings Program \ #15-20 March 10, 2020 Firm Experience and Project Personnel |3 Firm Experience and Project Personnel For over 34 years, Cenergistic has helped 1,450+ organizations across the nation save $5.6 billion in electricity, natural gas and water costs. We do this by applying advanced technology and behavior-based conservation programs on their sites and within their buildings, as well as embed full-time, onsite Energy Specialists to ensure all equipment and operations are working at peak efficiency and optimization around the clock. CEO, CFOs, and COOs can reduce energy and water spending by an average of more than 26% annually with zero capital investment, while improving the comfort and quality of the work environment, helping employees achieve their full learning potential. For 11 consecutive years, Cenergistic has been recognized by the Environmental Protection Agency (EPA) with ENERGY STAR® Partner of the Year, or Partner of the Year – Sustained Excellence. The Cenergistic Story Cenergistic is the product of a school board member’s resolve to direct more money to the classroom by reducing operational costs. As a school board member in Wichita Falls, Texas in the early 1980s, Dr. William S. Spears designed a behavioral utility savings program to mitigate the expected electricity increase from adding air conditioning to 22 of the district’s 33 schools. The program was so successful that the schools’ electricity costs decreased, even with the new HVAC, the year following the installation. With the support of the school board, the program continued, and in 1986, both the school and Dr. Spears were presented with an Energy Innovation Award by the U.S. Department of Energy (DOE) and the State of Texas for energy conservation success accomplished through organizational and behavioral change. Industry Recognition & Awards Cenergistic is the nation’s most active Service and Product Provider for Certification and Leader recognition. The Department of Energy named Cenergistic the #1 "Service & Product Provider" for ENERGY STAR Certifications, with clients earning more than 12,000 awards and recognitions. For 11 straight years, Cenergistic has earned national recognition from the United States Environmental Protection Agency, including the ENERGY STAR Partner of the Year – Sustained Excellence Award in 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, and 2019 and Partner of the Year in 2009 and 2010. Cenergistic’s program aligns closely with the ENERGY STAR’ goal to help clients conserve energy while ensuring a safe, comfortable environment. Accordingly, Cenergistic clients are among the most energy-efficient organizations in the nation: • 1,671 Cenergistic client buildings received ENERGY STAR Certification in 2017 alone. • 58% of all K-12 ENERGY STAR Leader recognitions were for Cenergistic clients. • 65% of all K-12 ENERGY STAR Top Performers are Cenergistic clients. • More than 650 Cenergistic clients are ENERGY STAR Partners, representing higher education, school districts, congregations, and healthcare organizations. Firm Experience and Project Personnel |4 Energy Savings Program \ #15-20 March 10, 2020 Firm Experience and Project Personnel |4 Numerous Cenergistic clients have received significant ENERGY STAR recognition, including the following: • The City of Montgomery, Alabama received 11 ENERGY STAR certifications since 2017 • Pinellas County Schools in Largo, Florida received the 2019 ENERGY STAR Partner of the Year Award. • Loudoun County Public Schools in Ashburn, Virginia, received the 2018 ENERGY STAR Partner of the Year - Sustained Excellence Award, following 2012, 2013, 2014, 2015, 2016, 2017, 2018 and 2019 Sustained Excellence Awards as well as 2010 and 2011 ENERGY STAR Partner of the Year Awards. • Decatur County Community Schools in Indiana became the nation’s first and only ENERGY STAR 70 Percent Leader in recognition of the district’s extraordinary achievement of reducing energy consumption district-wide by more than 70%. The district is the only organization to earn ENERGY STAR 60 Percent Leader recognition. • Mansfield Independent School District in Mansfield, Texas, received 2016, 2017, 2018 and 2019 ENERGY STAR Partner of the Year – Sustained Excellence Awards, and the 2015 and 2014 Partner of the Year Award. • Fairfax County Public Schools in Falls Church, Virginia, received the 2017, 2018 and 2019 ENERGY STAR Partner of the Year Award. Firm Experience and Project Personnel |5 Energy Savings Program \ #15-20 March 10, 2020 Firm Experience and Project Personnel |5 Areas of Expertise Unlike other providers, Cenergistic does not rely on subcontractors to execute and manage our energy savings program. Instead, we use our internal team of highly educated and experienced energy conservation experts. Collectively, Cenergistic’s engineers and experts hold over 130 advanced degrees, licenses, and industry certifications. The Cenergistic staff has more than 1,450 total years in energy conservation, more than any energy conservation consulting firm. Our engineers endeavor to inspect and ensure that every piece of equipment, and every system, is optimized for effectiveness and efficiency. We work directly with the Energy Specialist and other members of City staff to ensure all stakeholders are committed to the energy conservation program. Key Energy Conservation Areas of Expertise Behavior Modification Boiler and Steam Systems Building Commissioning Building Envelope Cogeneration Data and Utility Rate Structure Analysis Electrical Systems EMS, Building Automation and Control Systems Energy Audits and Instrumentation Energy Management Green Buildings, LEED and ENERGY STAR HVAC Systems Indoor Air Quality Interval Data Analysis Lighting Maintenance Management Codes and Standards, ASHRAE requirements Mechanical Engineering Moisture and Humidity Management Pneumatic Systems Smart Grid Thermal Energy Storage Systems Turf and Irrigation Demand Management Ancillary Capacities Accounting Biology Business Communications Computing System Design Construction Management Education Human Resources Information Systems Management Nonprofit Management and Leadership Organizational Management Public Relations Public School Administration School District Finance Cenergistic’s employees average at least eight (8) years of experience in the energy conservation industry. Firm Experience and Project Personnel |6 Energy Savings Program \ #15-20 March 10, 2020 Firm Experience and Project Personnel |6 Licenses & Certifications Cenergistic maintains an in-house team of industry experts with the education, licenses, and certifications critical to understanding and generating energy conservation savings. Energy Engineering Professional Engineers Building Energy Simulation Analyst (BESA) Certified Building Commissioning Professional (CBCP) Certified Demand Side Manager (CDSM) Certified Energy Manager (CEM) Certified Indoor Air Quality Professional (CIAQP) Certified Measurement and Verification Professional (CMVP) Certified Sustainable Development Professional (CSDP) Certified Water Efficiency Professional (CWEP) Certified Landscape/Irrigation Professional (CLEP) Mechanical Industrial Civil/Environmental LEED Accreditation LEED Accredited Professional (LEED AP) LEED Building Design & Construction (LEED BD+C) Quality Control Certified Quality Engineer Certified Quality Auditor Information Systems Building Systems Microsoft Certified Network Engineer (MCNE) Microsoft Certified Systems Engineer (MCSE) Microsoft Certified Systems Administrator (MCSA) Heating, Ventilation, Air Conditioning (HVAC) Boiler Operator Key Personnel Overview Led by the Client Manager, Cenergistic’s team of in-house engineering and energy management implements our proven behavioral energy conservation methodology. Cenergistic assigns in-house engineering and conservation experts to address client needs and maintain maximum savings. Scheduled by the Client Manager, these Consultants work on a consistent on-site rotation with the Energy Specialist for the City. In addition to this on-site expertise, Cenergistic’s Center of Excellence provides remote support and analysis by Engineers, Energy Management Services (EMS) specialists, and Measurement and Verification Professionals. The Center of Excellence can remotely review many energy management systems and provide remote diagnostics and assistance, as well as schedule regular remote sessions to ensure the program is achieving maximum savings. Finally, Cenergistic’s key personnel include human resources professionals to hire and manage the Energy Specialist as well as marketing personnel to coordinate public recognition and/or awards for the the City’s success during the contract term. Firm Experience and Project Personnel |7 Energy Savings Program \ #15-20 March 10, 2020 Firm Experience and Project Personnel |7 Leadership & Management Team Dr. William S. Spears — Chairman - Founder, CEO Founded Cenergistic: 1986 Education: Doctorate of Business Administration, Wayne Huizenga Graduate School of Business and Entrepreneurship at Nova Southeastern University; MBA from Wharton School at the University of Pennsylvania and a Bachelor’s of Science Degree from Oklahoma State University Industry Experience: 37 years of experience in public school energy management Past Roles: Dr. Spears served the Wichita Falls Independent School District as Trustee, Board Secretary, Board Vice President and Chairman of the Facilities Committee for six years. Organizations: Dr. Spears has served on the boards of numerous civic organizations and financial institutions, including: • American Cancer Society, Board Member, Co-Chairman of Cattle Baron’s Ball Fund Raiser • Christian Businessmen’s Committee of Wichita Falls, Inc., Founder, Chairman of the Board • City National Bank, Director (1969 – 1988), Chairman of Directors’ Loan Committee • City of Wichita Falls Planning and Zoning Commission, Board Member • Ford’s Theatre, Washington, D.C., Founding Member, National Advisory Board • Insight for Living, Chuck Swindoll Ministries, Board Member, Executive Committee Member • Interfaith Ministries, Board Member, Chairman of Finance Committee • Lincoln Forum, Gettysburg, PA, Board Member • North Texas Council Boy Scouts of America, Board Member • North Texas Easter Seal Rehabilitation Center, President • Oklahoma State University, Benefactor, William S. Spears School of Business • Red River Civil War Roundtable, Founder and President • University of Texas Medical School, Board Member • Times Publishing Company Charities, Founder and President • Wichita Falls Board of Commerce and Industry, Board Member • Wichita Falls Museum and Art Center, Board Member • Wichita Falls Symphony, Board Member • Young Life, Founder and Board Member, Wichita Falls Chapter Firm Experience and Project Personnel |8 Energy Savings Program \ #15-20 March 10, 2020 Firm Experience and Project Personnel |8 Dr. Randy Hoff, PE, CEM, CMVP — Vice Chair Education: Doctor of Engineering, Engineering Management, Southern Methodist University; MBA, Marquette University; Bachelor’s Degree, Industrial Engineering, Texas A&M Licenses/Certifications: Registered Professional Engineer (Texas); Certified Energy Manager; Certified Measurement and Verification Professional; Certificate in Sustainability from the Environmental & Civil Engineering Department at Southern Methodist University Industry Experience: 15 years of experience in operational energy conservation; experience in corporate auditing and supply-chain logistics. Past Roles: Dr. Hoff joined Cenergistic after broad and varied experience with General Electric Corporation, during which he earned his Six Sigma Certified Master Black Belt through GE’s renowned continuous improvement process. He is a member of the Advisory Council for the Industrial & Systems Engineering Department at Texas A&M University. Dr. Hoff was awarded the 2017 Distinguished Alumni Award by the Department of Industrial and Systems Engineering at Texas A&M University for his significant contributions in promoting the profession of industrial engineering. Aditya Srivastava — Chief Technology Officer Education: Master’s Degree, Computer Science, University of Kentucky; BTech, Electrical Engineering, Indian Institute of Technology, Kanpur, India Industry Experience: More than 32 years of experience in Software Development, Artificial Intelligence, Compilers, and Supply Chain Optimization Past Roles: Mr. Srivastava has served as Chief Technology Officer for companies such as Allegro Development, JDA Software Group and i2 Technologies, Inc. The latter two were publicly traded companies with more than $1B in revenue and a strong customer base comprising the Fortune 500 companies. As Chief Technology Officer of publicly traded companies, Mr. Srivastava owned product vision and strategy, managed software engineering, product management, QA and Release management organizations. He has built software organizations from the ground up, and managed large organizations spread across multiple continents He serves on the Industry Advisory Board for Southern Methodist University, Department of Computer Science and Engineering; and University of Texas, Dallas, Department of Computer Science. Mr. Srivastava holds five United States patents Firm Experience and Project Personnel |9 Energy Savings Program \ #15-20 March 10, 2020 Firm Experience and Project Personnel |9 Michael Gaal — President, Executive Sales Joined Cenergistic: August 2018 Education: Master of Science, National Security Policy Studies, National War College, Space Operations, University of Colorado; Engineering Mechanics, United States Air Force Academy; The Broad Superintendents Academy Past Roles: Mr. Gaal was Deputy Chancellor, Innovations and Systems Improvement for District of Columbia Public Schools, Oakland Unified School District; Chief of Staff at Oakland Unified School District, California; and Network Leader (K8) for Education Achievement Authority of Michigan. Before his career in education, Michael served in the U.S. Air Force, in such roles as Deputy Director of Policy, International Affairs; Vice Commander and Senior Advisor, 321 Air Expeditionary Wing and Office of Security Cooperation, Baghdad, Iraq; Chief of Staff and Military Assistant, Military Policy, Office of the Under Secretary of Defense for Policy; Commander, 92nd Operational Support Squadron, Fairchild AFB, Washington; Chief of Safety and Operations Officer, Dover AFB. John E. Bernard, CPA — President – Area Sales Education: MBA, magna cum laude, Oklahoma City University; Bachelor’s Degree, Accounting, summa cum laude; University of Central Oklahoma; Bachelor of Music Degree, cum laude, Oklahoma Baptist University Licenses/Certifications: Certified Public Accountant (CPA) Industry Experience: 25 years of operational energy conservation experience Past Roles: Mr. Bernard has been a CPA since 1986; member of the Oklahoma Society of Certified Public Accountants. Eight years of experience with Kerr-McGee Corporation in a variety of financial and accounting capacities, including development and administration of budgeting and income projections for the Exploration and Production Division. Work with Ernst & Young and Southwestern Bell Telephone Firm Experience and Project Personnel |10 Energy Savings Program \ #15-20 March 10, 2020 Firm Experience and Project Personnel |10 Jack Bullock, PE, CEM, BESA — Chief Engineer Joined Cenergistic: July 2008 Education: Bachelor’s Degree, Mechanical Engineering, Kennedy Western University; AS, Electrical Engineering, Hutchinson College Licenses/Certifications: Professional Engineer, Microsoft Certified Network Engineer, Certified Energy Manager, Certified Building Energy Simulation Analyst Industry Experience: 35 years of experience with energy management systems Past Roles: Mr. Bullock joined Cenergistic when he left Honeywell as an Area Solutions Development Leader. At Honeywell, he was awarded a Honeywell Corporate Lifetime Achievement Award for technical excellence for his work in developing complex technical solutions to meet a unique client need. Mr. Bullock has two United States Patents. The first patent is for the calculations and processes needed to simulate or predict a buildings energy consumption. The second patent is for analytics that examine smart meter interval data for missed energy conservation opportunities. Both patents are the foundation for the tools that Cenergistic uses to optimize our clients. Mr. Bullock is also leading the development of Cenergistic’s Visual Inventory Tool. This tool uses EMS data and engineering expertise to find savings that are missed by most clients. Past Roles: More than 25 years of broad and varied experience in the transportation and newspaper industries, distinguishing himself as a strong leader by integrating varied functions to support the core business. He served as Nationwide Business Manager for a large moving firm, managing nationwide forwarding and brokerage operations for commercial and Department of Defense markets. He worked his way up in the newspaper business from a young paper route carrier to Director of Operations for a regional newspaper, handling a wide array of responsibilities for newspaper operations Eileen Byrd, CPA, CEM, CMVP, CIA, CIAQP, CQE — Senior Vice President, Quality Assurance Joined Cenergistic: August 2010 Education: Master’s Degree, Accountancy, Wayne Huizenga School of Business, Nova Southeastern University; Bachelor’s Degree, Business Management, University of South Carolina-Aiken Licenses/Certifications: Certified Public Accountant, Certified Energy Manager, Certified Internal Auditor, Certified Quality Engineer, Certified Quality Auditor, Certified Quality Technician, Certified Indoor Air Quality Professional and Certified Measurement and Verification Professional Industry Experience: Seven years of experience in operational energy conservation. Leads Cenergistic’s Data Quality division Past Roles: Ms. Byrd’s professional experience includes leading the internal auditing team for Alcon Laboratories Firm Experience and Project Personnel |11 Energy Savings Program \ #15-20 March 10, 2020 Firm Experience and Project Personnel |11 Christina Ezzell, CMVP — Senior Vice President, Program Implementation Joined Cenergistic: November 2009 Education: Completing Accreditation for Management Information Systems, Bachelor’s Degree, Liberty University; Pursuing Master’s Degree, Business Management, Liberty University Licenses/Certifications: Certified Measurement and Verification Professional Industry Experience: Eight years of experience in operational energy conservation. Leads the Active Implementation division Past Roles: Ms. Ezzell has more than 10 years of commercial property experience handling property acquisition, zoning issues, renovation and construction for a number of properties James Newkirk, CEM, CMVP — Senior Vice President, Client Operations Joined Cenergistic: October 2012 Education: Master’s Degree, National-Louis University, Chicago; Bachelor’s Degree, English, Shepherd University, West Virginia Licenses/Certifications: Certified Energy Manager, Certified Measurement and Verification Professional Industry Experience: 12 years of experience in operational energy conservation Past Roles: After a career in education, Energy Specialist for Marian County Schools, Ocala, Florida. In seven years, saved more than $16 million. Earned $600 thousand in non- match energy grants for the district. Project Plan/Approach |12 Energy Savings Program \ #15-20 March 10, 2020 Project Plan/Approach |12 Project Plan/Approach For 34 years, Cenergistic has partnered with clients like the City of Clearwater to reduce energy consumption through a highly effective behavioral energy conservation program. Achieving this goal requires a combination of practical experience in organizational behavior, technical expertise, the ability to effectively execute a complex program and the ability to teach an organization to own and sustain its tailored program for the long haul. Using Cenergistic’s technology, data, methodology and expertise, these clients have achieved energy savings averaging 26% and often significantly more. Program and implementation plan Project Plan/Approach |13 Energy Savings Program \ #15-20 March 10, 2020 Project Plan/Approach |13 Program Approach Cenergistic’s behavior-based energy conservation approach is much more than simply turning off lights and computers. It’s about changing organizational behavior: how each person in the organization understands, uses and saves energy for years to come. Our energy conservation management approach provides our clients with more control over energy use with no upfront costs, no new equipment, and no equipment retrofits. Sustainability as a Service Energy Experts + Cloud-Based Machine Learning Technology.  Improved Operations, Behavior, Habits, Culture: Averaging a 20 – 30% reduced water, gas and electricity consumption  On-site Energy Specialists: Locally hired, full-time, trained and certified  Industry Standard Analytics: EnergyCAP®, Opti-Commissioning, Data Logging, Remote Verification  Proven Technology: Cenergistic GreenX™; Cenergistic Simulate™; Cenergistic Predict™; Cenergistic Executive™; Smart Meter interface  In-House Expertise: Client Managers; Engineers & Analytics, Center of Excellence and training programs  Award-Winning process: Nation’s top service and product provider for ENERGY STAR® Certification A. Implementation Plan Cenergistic’s Client Manager will be the primary contact for the City of Clearwater for the energy savings contract. Supported by Cenergistic’s internal team of energy conservation energy experts, the Client Manager will lead and coordinate all program implementation tasks, as well as respond to any concerns from the City. Project Plan/Approach |14 Energy Savings Program \ #15-20 March 10, 2020 Project Plan/Approach |14 Program Kickoff Cenergistic will work closely with the City to complete the following actions within the first 30 – 60 days following the contract start date. • Select the On-Site Energy Specialist • Identify the Program Liaison • Define the Reporting Structure for the Contract Term • Gain city’s adoption of the Energy Policy & Guidelines • Launch the Implementation Period and the City’s savings Energy Specialist Selection (Months 1-3) Cenergistic focuses on selecting the Energy Specialist who will be trained in carrying out the work of conservation awareness and measurement and verification of results. Because the Energy Specialist is employed by Cenergistic, there is no budget impact. Primary focal points during the first three months include the following: • Provide posting materials and direction for securing applicants for the Energy Specialist position • Collaboratively interview candidates with City representatives and select the Energy Specialist • Identify program champion and define program reporting structure • Gain adoption of an Energy Policy & Guidelines from the City Early Implementation Period The goal of this period is to implement the energy program as quickly as possible within the organization to start saving money. It includes establishing strong leadership support, educating all groups within the City on the value of the program, the role of the Energy Specialist, how the program works, the importance of staff participation and adoption, and to begin changing habits in city facilities. Some focal points during this period include: • Make initial presentations to key stakeholder groups: administration, maintenance, custodial, and staff • Training on online energy accounting software, EnergyCAP® Professional • Gather billing information for the baseline period for city facilities • Enter each facility’s utility consumption, rates, and cost information into software by meter by month for baseline period • Enter adjustments to performance data to account for all non-program variances • Create operational/strategic plans and operating/use schedules for all facilities • Estimate building savings potential for all facilities • Begin audit of city facilities to ensure compliance to conservation plan and schedules • Utilize Cenergistic’s exclusive reporting and performance tracking tools • Review/finalize operational/strategic plans with facility building owners • Provide audit feedback to facility building owners on savings opportunities • Provide monthly savings reports to facility building owners • Provide early program updates to the City Project Plan/Approach |15 Energy Savings Program \ #15-20 March 10, 2020 Project Plan/Approach |15 Technical Implementation During the Technical Implementation period, Cenergistic Energy Specialists, Engineers and other experts focus on utilizing data from all sources with our analytics to drive the implementation team’s actions. Interval smart meter data — along with data from your energy management systems and observations from the Cenergistic Energy Specialists — will be analyzed by Cenergistic Engineers to identify opportunities. Cenergistic consultants and energy specialists work together to turn identified opportunities into realized savings. Technical Consultants from Cenergistic focus on your complex buildings and will perform Engineering Evaluations prior to making changes. Cenergistic Building Implementation Project Plan/Approach |16 Energy Savings Program \ #15-20 March 10, 2020 Project Plan/Approach |16 Program Expansion (Years 1-3) The goal during the Program Expansion period is to continue the assessment and recommendations for the facilities and for those constructed during the first year of program. Cenergistic automatically accepts all new facilities into the energy conservation program as part of the overall contract. Leadership support is established for every building during this phase, and ongoing facility audits are conducted around the clock and throughout the year. Regular online reports and dashboards are generated for every facility and utility type, allowing comparative data analysis and benchmarking. Reports are also produced for senior leadership and the council, ensuring accountability and program follow-through. The primary focal points during the Program Expansion period include: • Expand the focus of the Specialist to provide additional program and educational coverage for city facilities • Continue to create or refine operational/strategic plans and operating/use schedules for facilities • Monitor continuous auditing to ensure compliance to conservation plan and schedules • Review operational/strategic plans with all facility building owners • Provide audit feedback to all facility building owners on savings opportunities • Provide monthly savings reports and dashboards to all facility building owners • Provide quarterly reports on program performance to the City • Provide proactive media coverage tools as deemed appropriate • Utilize diagnostic tools to monitor operating conditions in response to program changes Program Refinement (Years 4-5) The goal during the Program Refinement period is to continue to expand the energy conservation effort to every facility, focusing on smaller changes and savings. The initial three years of the program focus on large changes and significant areas of cost, while the fourth and fifth years of the program dig more deeply into the habits and systems to capture any remaining savings. In addition, cities are constantly expanding and changing conditions in the environment. Cenergistic’s program accounts for those changes, ensuring the program adapts to new facilities and different use patterns over time. The primary focal points during the Program Refinement period include: • All educational, facility auditing, and program reporting services referenced in the Program Expansion phase • Ongoing feedback on the performance of the Energy Specialist • Ongoing training in more specialized areas of conservation and service • Pursuit of ENERGY STAR® and other national conservation awards and public relations opportunities • Revisions to operational/strategic plans and operating/use schedules for all city facilities, per changes to facility use patterns Project Plan/Approach |17 Energy Savings Program \ #15-20 March 10, 2020 Project Plan/Approach |17 Long-Term Sustainment (Beyond Year 5) Cenergistic aspires for the City to continue implementing its conservation program and realizing significant savings on an ongoing basis. In support of that goal, during the final year of the program’s initial phase, Cenergistic and the client will meet to discuss the City of Clearwater’s energy needs going forward — building on the established program. Based on a collaborative needs assessment, Cenergistic may elect to provide a customized proposal for added services beyond Year 5. Those services may include, but are not limited to: • Continued provision of on-site Energy Specialist • Investment grade audit and engineering support for infrastructure upgrades • Engineering simulation work • Third-Party Measurement and Verification Services for performance contracts • Utility bill auditing and payment services Of course, proposal and pricing will reflect the projects and services the City chooses to implement. Pricing may be a fixed monthly retainer, a share of added savings, or some combination thereof. B. Communications & Reporting Throughout the program Cenergistic will provide implementation progress updates to the City. During contract years 1-5, the City will have access to online reports and dashboards through EnergyCAP® Professional. In addition, Cenergistic will provide the following standard reports: • Monthly savings reports and dashboards • Quarterly reports on program performance • Ongoing feedback on the performance of the Energy Specialist • Ongoing training in more specialized areas of conservation and service • Communications regarding the pursuit of ENERGY STAR® and other national conservation awards and public relations opportunities Project Plan/Approach |18 Energy Savings Program \ #15-20 March 10, 2020 Project Plan/Approach |18 C. Proprietary Technology & Tools Cenergistic uses cutting-edge, proprietary tools to optimize systems and drive savings. The chart below includes a sample of our proprietary tools. Cenergistic Executive™ – Developed for leaders, it delivers real-time data anytime, anywhere, systemwide — down to the smallest building’s smallest meter. Cenergistic GreenX™ tracks all utility meter, interval meter and EMS data. Over time through machine learning, GreenX understands how your buildings should operate day-over-day, month-over-month and year-over-year — alerting your Energy Specialist to areas that may need attention. Cenergistic Simulate™ is Cenergistic’s proprietary advanced simulation tool allows you to build facilities-based energy models around any variety of scenarios quickly, efficiently and accurately so you can make more informed building decisions. Project Plan/Approach |19 Energy Savings Program \ #15-20 March 10, 2020 Project Plan/Approach |19 Measurement & Verification Cenergistic’s clients track results using EnergyCAP® Professional Online, a utility accounting software program. All Cenergistic Energy Specialists are trained to support clients using EnergyCAP which provides energy accounting solutions in the following areas: • Sustainability & Compliance • Utility Bill Management • Reporting & Presentation • Savings & Analysis As part of the energy services contract with Cenergistic, the City of Clearwater will maintain an annual license with EnergyCAP for access and use of the software. The annual cost for the City is delineated in Cenergistic’s detailed savings projection. The City will independently track, validate and report results using EnergyCAP® Professional, a utility accounting software program. The program is published by EnergyCAP, Inc. and allows you to determine savings in accordance with documented standards for tracking and reporting energy use. All of our clients use EnergyCAP Professional Online, and all of our specialists are trained to support our clients on this specific tool. Project Plan/Approach |20 Energy Savings Program \ #15-20 March 10, 2020 Project Plan/Approach |20 Savings Projection Cenergistic’s energy projection for the City of Clearwater is based on two major data sources: 1. Data specific to the City; and 2. Actual savings achieved for similar clients. To calculate predicted savings, Cenergistic collects both historical and budgeted utility expenditures by energy type, growth trends, anticipated changes in square footage, number and types of buildings, the extent to which buildings are controlled by EMS and the extent to which buildings are air-conditioned. For those organizations that have previously provided similar information, the longer-term trend in enrollment and square footage growth and the resulting impact on utility expenditures is also analyzed. Cenergistic then compares this data to industry and internal databases containing 34 years of statistical information on thousands of organizations. Our process looks for similarities between the facilities being analyzed and a subset of Cenergistic clients using key metrics that are significant predictors of future energy savings potential. Geography, typical weather patterns and regional energy pricing information are included in this comparison, as well. These metrics reflect the size and complexity of the organization and provide a meaningful basis for assessing the savings opportunity that exists. Actual savings results for similar clients are a significant driver in calculating projected savings. Cenergistic’s projected savings methodology generates a conservative estimate, as actual savings ultimately depend on the commitment and pace of each client’s implementation of our program. Actual savings typically exceed initial estimates. A. Actual Energy Savings Calculation Under Cenergistic’s shared savings contract, actual energy savings are determined by comparing measured use at the meter level before and after the start of program implementation, with appropriate adjustments for changes in conditions that are independent of the Program. The simple formulaic expression is: Avoided Energy Use (or Savings) = Adjusted-Baseline Energy – Reporting-Period Energy ± Non-Routine Adjustments of baseline energy to reporting-period conditions Please see the M&V plan included in Cenergistic’s standard contract in Section 7 for more details. Project Plan/Approach |21 Energy Savings Program \ #15-20 March 10, 2020 Project Plan/Approach |21 No Risk Unlike other contract models, Cenergistic bears the savings risk. Cenergistic does not charge a program or other fees. Our fee is simply a percentage of savings, as calculated by EnergyCAP Professional Online, an energy accounting software. B. Program Adoption & Training Cenergistic provides full program adoption support and training for both the Energy Specialist and the City’s designated Program Liaison. C. On-Site Staff Management On-site Energy Specialists are Cenergistic employees, and report directly to Cenergistic’s Client Manager, who provides routine performance evaluations and feedback. D. Subcontractor Management & Performance Cenergistic does not use subcontractors for any services under our energy services contract. Instead, we rely on our highly educated, qualified, and experienced in-house team of engineers and professionals with a combined 1,400+ years of industry experience. E. Timeline Return on Investment (ROI) Because the City pays no upfront fees to Cenergistic, we bear the burden of investment risk. Cenergistic’s shared savings fee is based on actual savings, as calculated by EnergyCAP Professional Online, an energy accounting software. F. Additional Program Benefits Local Full-time Energy Specialists Our three decades of success is rooted in the execution of Cenergistic’s in-house expertise and patented technologies through an on-site, full-time Energy Specialist employed by Cenergistic. We work closely with each client to collaboratively identify, interview, and select a local candidate for this role. Beyond creating this local full-time job, Cenergistic provides comprehensive initial and ongoing training to ensure the Energy Specialist maintains the knowledge and skills required to achieve maximum savings. Program Success Recognition As part of Cenergistic’s energy savings contract, in Years 4-5 of the program, Cenergistic personnel will coordinate with the City to seek recognition for the savings achieved. Specifically, Cenergistic will pursue ENERGY STAR and other national conservation awards for the City of Clearwater as well as public relations opportunities. ENERGY STAR Recognition Since the start of the ENERGY STAR building certification program, Cenergistic clients have chosen this national recognition and validation of their energy conservation success. Cenergistic’s partnership with ENERGY STAR provides us with the opportunity to assist clients across the nation in receiving their own recognition for extraordinary work in people-oriented energy conservation. Cenergistic’s clients have earned more than 12,000 ENERGY STAR awards and recognitions. References |22 Energy Savings Program \ #15-20 March 10, 2020 References |22 References In the past three decades, Cenergistic has provided behavioral- based energy savings programs to over 1,450 clients in 48 states. Our in-house personnel include more than 50 conservation specialists that provide on-site and remote training, mentoring, and auditing. Please see the table below for list of some of Cenergistic behavioral energy conservation clients Each year, Cenergistic assists clients in managing more than $1 billion in utility expenses. Additional references available upon request. #Cenergistic Client Name Savings to Date Students Client Reference Name & Title Client Reference Contact Information Program Start Date 1 Pinellas County Schools $26,907,536 PO BOX 2942 20%103,774 11/1/2015 Largo, FL 33779-2942 2 St. Petersburg College $2,567,237 6021 142nd Avenue 16%20,841 1/1/2017 Largo, FL 3 Valencia College $7,510,602 P.O. Box 3028 26%23,816 11/1/2011 Orlando, FL 32802 4 City of Montgomery, Alabama $2,733,989 103 North Perry St.18%0 3/1/2016 Montgomery, AL 36104 Dr. Michael Grego, Superintendent 727.588.6000/gregom@pcsb.org Ms. Diana Wright, Director of Facilities Services 334.850.5987/wright.diana@spcollege.edu Dr. Sanford Shugart, President 407.582.3250/sshugart@valenciacollege.ed u Mr. Doug Jones, Director of Facilities 334.850.5986 References |23 Energy Savings Program \ #15-20 March 10, 2020 References |23 Client News References |24 Energy Savings Program \ #15-20 March 10, 2020 References |24 References |25 Energy Savings Program \ #15-20 March 10, 2020 References |25 Tommy Crosby, Alachua County Assistant Manager, Ph. 352.374.5262, tcrosby@alachuacounty.us References |26 Energy Savings Program \ #15-20 March 10, 2020 References |26 Reference Letters Percentage of Savings |27 Energy Savings Program \ #15-20 March 10, 2020 Percentage of Savings |27 Percentage of Savings Exhibit A – Proposal Pricing Sheet Percentage of Savings |28 Energy Savings Program \ #15-20 March 10, 2020 Percentage of Savings |28 Projected Savings for the City of Clearwater Cenergistic has completed a thorough review of the information provided in RFP #15-20 from the City of Clearwater. Based on this information, Cenergistic projects $4,055,000 net savings for the City of Clearwater over the term of the five-year contract using our 34-year-old award-winning, results-driven approach to maximize energy savings while improving occupant comfort with no impact on standard daily routines. Unlike standard energy management contracts where the provider bills a fixed monthly program fee based on projected savings, Cenergistic’s shared savings fee is based on actual savings as they are achieved. Specifically, Cenergistic bills each client monthly based on the actual savings for that month, not a fixed fee based on projected savings. Therefore, Cenergistic is incentivized to maximize savings for the City, not simply meet the minimum guaranteed savings projection. Description % of Total Savings Amount Projected 5-year GROSS Savings 100% $ 8,279,000 Cenergistic Projected Gross Fee 50% $ 4,139,000 Direct Program Costs (Borne by Cenergistic) Full-Time Embedded Energy Specialist 5% ($ 422,500) Onsite Engineering Specialists (665 visits) 9% ($ 710,885) Cenergistic Net Fee (BEFORE indirect/overhead costs) 36% $3,005,615 Percentage of Savings |29 Energy Savings Program \ #15-20 March 10, 2020 Percentage of Savings |29 Savings Guarantee Cenergistic’s approach provides savings with zero up-front capital investment or financing. With no equipment to purchase, install, or finance, Cenergistic clients achieve savings in months, not years. Based on our success with more than 1,450 clients across the nation, Cenergistic is confident that significant net savings result when the elements of our proven behavioral-focused energy management and conservation methodology are implemented by our clients. We extend this confidence to the City of Clearwater in the form of our industry-leading savings guarantee. Cenergistic’s savings guarantee eliminates investment risk for our clients. Specifically, the guarantee provides that if, over the course of each program year, the City’s total investment in our energy conservation program exceeds the amount saved, Cenergistic will write a check for the difference. This represents our commitment to maximize savings while maintaining or improving room comfort for the City. Percentage of Savings |30 Energy Savings Program \ #15-20 March 10, 2020 Percentage of Savings |30 Examples of Previous Programs Organization State Square Footage Savings $ Start Date Pinellas County Schools FL 17,609,589 $26,907,536 11/1/2015 St. Petersburg College FL 2,392,222 $2,567,237 1/1/2017 Valencia College FL 2,334,930 $7,510,602 11/1/2011 City of Montgomery, Alabama AL 1,745,870 $2,733,989 3/1/2016 University of Kentucky KY 14,743,506 $17,608,069 1/1/2017 Oklahoma State University OK 650,000 $58,954,828 1/1/2008 Mansfield Independent School District TX 6,392,731 $11,148,408 1/1/2013 San Bernardino City Unified School District CA 4,939,266 $34,938,444 11/1/2012 Loudoun County Public Schools VA 11,909,095 $90,470,645 6/1/1993 Washington and Lee University VA 1,865,130 $5,556,352 8/1/2011 Indianapolis Public Schools IN 8,371,894 $4,549,363 6/1/2018 St. Johns County School District FL 5,948,087 $54,317,394 1/1/2009 Other Forms |31 Energy Savings Program \ #15-20 March 10, 2020 Other Forms |31 Other Forms Other Forms |32 Energy Savings Program \ #15-20 March 10, 2020 Other Forms |32 Exceptions/Additional Materials/Addenda Form EXCEPTIONS/ ADDITIONAL MATERIAL/ ADDENDA Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note -Any material exceptions taken to the City's Terms and Conditions may render a Proposal non-responsive. No exceptions _x__ Exceptions taken ( describe--attach additional pages if needed) Please see attached Exceptions. Additional Materials submitted (mark one): ___ No additional materials have been included with this proposal _x __ Additional Materials attached (describe--attach additional pages if needed) Cenergistic's Energy Savings Contract, which has been developed and fine-tuned over three decades to address the unique issues associated with behavior-based energy programs (as opposed to performance or equipmentbased programs). This concise document includes key provisions designed to maximize savings for our clients while minimizing risk. Each contract is coupled with a straightforward Measurement & Verification (M&V) Plan that clearly delineates the methodology and reporting for energy savings. Cenergistic's contract is attached in Tab 7 of the response proposal. 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 1 �� Vendor Name Cenergistic Date: __ 3_/4_/2_0_2 _0 __ Energy Savings Program 22 RFP #15-2 0 Energy Savings Program \ #15-20 March 10, 2020 Other Forms | 32 VENDOR INFORMATION Company Legal/Corporate Name: ___ C_e_n _e_rg_i _st_ic_,_L_L_C ______________ _ Doing Business As (if different than above): ___________________ _ Address: _ _,5"""'9"-"5'-"0'-S=-h...,_e,._,r....,rv�L=a...,_ne=,'"""S=u=i=te"-=-90=-0..__ ________________ _ City: Dallas State: --'T-'--X'--------Zip: 75225 - Phone: 217.273.2800 Fax: 214.273.2801 --------------- E-Mail Address: · dvanwinkle@cenergistic.com Website: ___ c_e_n_e_r..._g_is_ti_c _.c_o_m ___ _ DUNS# 61-921-4547 Remit to Address (if different than above): Address: ___________ _ City: _____ State: __ Zip: __ _ Contact for Questions about this proposal: Name: Debrah Van Winkle Phone: 214.273.2800 Day-to-Day Project Contact (if awarded): Name: Joey Hearn Phone: 972.975.0466 Certified Small Business Order from Address (if different from above): Address: ____________ _ City: ______ State: __ Zip: __ _ Fax: 214.273.2801 E-Mail Address: dvanwinkle@cenergistic.com Fax: 214.273.2801 E-Mail Address: jhearn@cenergistic.com Certifying Agency: ___________________________ _ __ Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: ___________________________ _ Energy Savings Program 23 RFP #15-20 Energy Savings Program \ #15-20 March 10, 2020 Other Forms | 34 VENDOR CERTIFICATION OF PROPOSAL 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 otherrespondents 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, orconsultant who has or may have had a role in the procurement process for the services and or goods/materialscovered by this contract.f)It understands the City of Clearwater may copy all parts of this response, including without limitation anydocuments 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 applicablelaw, 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 regulationsthat relate to their employees.h)Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act andnot 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 andRules 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 .as adjusted by the terms of our responseI)The signatory is an officer or duly authorized agent of the respondent with full power and authority to submitbinding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Title: ___ P_re_s_i_d_e ____________ _ Date: 3/6/2020 Energy Savings Program 24 RFP #15-20 Energy Savings Program \ #15-20 March 10, 2020 Other Forms | 35 SCRUTINIZED COMPANIES FORMS 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 BoycottIsrael List, or engaged in a boycott of Israel; and 2.The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in thissolicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in aboycott of Israel; and 3."Boycott Israel" or "boycott of Israel" means refusing to deal, terminating business activities, or takingother actions to limit commercial relations with Israel, or persons or entities doing business in Israel orin Israeli-controlled territories, in a discriminatory manner. A statement by a company that it isparticipating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycottof Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered asevidence 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 daysafter any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engagedin a boycott of Israel. STATE OF _1X____._ _____ _ COUNTY �T 2 a corp My Commission Expires: _3J_�J_D➔/-Jtf ___ _ NOTARY SEAL ABOVE Energy Savings Program Au honzed Signature Debrah Van Winkle Printed Name Business Operations Analyst Title Cenergistic Name of Entity/Corporation Printed Name 25 RFP #15-20 Energy Savings Program \ #15-20 March 10, 2020 Other Forms | 36 2/11/2020 Stephens Insurance, LLC PO Box 3507 Little Rock AR 72203-3507 Felecia Prince (800)852-5053 (501)377-2470 felecia.prince@stephens.com Cenergistic, LLC 5950 Sherry Lane Suite 900 Dallas TX 75225 Hanover Insurance Company 22292 Allmerica Financial Benefit Insurance Co.41840 Massachusetts Bay Insurance Company 22306 Ace American Insurance Company 22667 Arch Insurance Company of America 11150 2020-2021 Master A X X X ZLT-D511655-02 1/1/2020 1/1/2021 1,000,000 100,000 10,000 1,000,000 2,000,000 Included B X X X AWT-D481175-02 1/1/2020 1/1/2021 1,000,000 Hired Car Physical Damage Comp & Collision 50,000 A X x 10,000 UHT-D511662-02 1/1/2020 1/1/2021 25,000,000 25,000,000 C N WHT-D497640-03 1/1/2020 1/1/2021 X 1,000,000 1,000,000 1,000,000 D PROF. LIABILITY-A/I W/CONTRACT G21674370013 1/1/2020 1/1/2021 LIMIT/AGG 5,000,000 E CRIME COVERAGE PCD9303037-02 1/1/2020 1/1/2021 LIMIT/AGG 1,000,000 Certificate Holder, Owner & Architect are Additional Insured's under the General Liability (on a Primary & Non-Contributory Basis), Auto Liability & Excess Liability Policies as required by written contract for both ongoing & completed operations. A Waiver of Subrogation in their favor applies to the General, Auto, Umbrella & Workers Compensation where allowed by law. To the extent required by written contract, applicable policies have been endorsed to provide 30 Days Notice of Cancellation to Certificate Holder. City of Clearwater 100 S Myrtle Ave., 3rd Fl Clearwater, FL 33756-5520 Ted Grace/PRFE The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE Ifyes,describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) Additional Materials |40 Energy Savings Program \ #15-20 March 10, 2020 Additional Materials |40 Additional Materials Additional Materials |41 Energy Savings Program \ #15-20 March 10, 2020 Additional Materials |41 Cenergistic’s Energy Savings Contract For more than 34 years, Cenergistic has been helping public institutions fund programs, salaries and even new buildings through substantial utility bill savings achieved through our proven behavioral energy conservation program. Our proven program doesn’t need new or retrofitted equipment to generate an average of 20 – 30% savings and maintains superior room comfort to provide occupants with the optimal working environment. A cornerstone of our program’s client benefits is Cenergistic’s Energy Savings Contract, which has been developed and fine-tuned over three decades to address the unique issues associated with behavior-based energy programs (as opposed to performance or equipment- based programs). This concise document includes key provisions designed to maximize savings for our clients while minimizing risk. Each contract is coupled with a straightforward Measurement & Verification (M&V) Plan that clearly delineates the methodology and reporting for energy savings. A critical differentiator in our contract is that Cenergistic’s savings guarantee is based on actual, not stipulated or projected savings, and savings are determined using an energy accounting software. On the following pages, we explain the client benefits for each major contract provision and commitments made by Cenergistic to the success of your energy program. How Cenergistic’s Terms & Provisions Benefit Our 1,450+ Clients Program Implementation • Cenergistic heavily supports your district’s leadership with program implementation, including assisting the development of a policy to communicate support for the energy program as encouragement to your employees to support the energy program. • We work with you to develop administrative guidelines for the program that will be customized to your operational environment. • We provide training and support for your employees in use of the EnergyCAP software used for calculating savings from the program. • We collaborate with your city’s senior-level business official (Program Liaison) for all aspects of program implementation. • We provide additional education and training to the Program Liaison concerning EnergyCAP. • We support your staff in implementing changes in the energy management systems to assure operations are conducted within the approved energy conservation guidelines. Savings Determination Cenergistic provides an accurate savings determination by building a baseline using your district’s past 12 months of utility bills, and then adjusts current utility data to ensure the following: • a true apples-to-apples comparison • a correct calculation of savings from the program • the exclusion of energy savings from other sources such as milder weather, installation of more efficient lighting or HVAC equipment, etc. Additional Materials |42 Energy Savings Program \ #15-20 March 10, 2020 Additional Materials |42 Our team of industry experts reviews the savings for accuracy, then presents formal savings reports to your district’s Program Liaison for approval. A. Term Based on our 34+ years of experience, we offer a standard five (5) year term to provide sufficient time for the change in the culture to become fully realized, leading to long-term energy sustainability. B. Fees Your city’s fee is simply 50% of the actual savings from the program, paid monthly. If there are no savings, the City of Clearwater pays no fee. Cenergistic’s savings guarantee ensures that your costs over the course of each Performance Year are paid through savings or Cenergistic will reimburse the difference. Our savings guarantee protects the City from financial risk. C. Contract Termination Our contract allows you to terminate the contract for convenience with a 60-day notice. There are no fees, only reimbursement to Cenergistic for our costs and expenses that have not been recouped prior to termination. D. Proprietary Program Cenergistic shares Proprietary Information that is critical to your program success, including technology (patented software programs to assist with finding savings), specific recommendations, recommended procedures and proprietary documents. E. Program Continuation Upon completion of the contract term, the City has the option to extend the contract and continue to receive all the benefits of Cenergistic’s energy savings program. The City of Clearwater can then opt to terminate at any time, with a simple 60-day notice with no fees or obligation. Additional Materials |43 Energy Savings Program \ #15-20 March 10, 2020 Additional Materials |43 F.Measurement and Verification Plan In addition to our standard contract, we provide a separate Measurement and Verification Plan (M&V Plan) that clearly sets out how the savings will be determined, and the various steps included in determining savings. Our M&V Plan has been reviewed and approved by Cenergistic’s Senior Vice President of Data Quality, and a diagnostics expert: Eileen Byrd, CPA, CEM, CMVP, CIA, CIAQP, CQE — Senior Vice President, Data Quality Education: Master’s Degree, Accountancy, Wayne Huizenga School of Business, Nova Southeastern University; Bachelor’s Degree, Business Management, University of South Carolina-Aiken Licenses/Certifications: Certified Public Accountant, Certified Energy Manager, Certified Internal Auditor, Certified Quality Engineer, Certified Quality Auditor, Certified Quality Technician, Certified Indoor Air Quality Professional and Certified Measurement and Verification Professional Please see our sample contract starting on the next page. 1 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com Energy Savings Contract This energy savings contract is between the City of Clearwater (the “City”) and Cenergistic LLC (“Cenergistic”). This contract is subject to all applicable state and federal laws. Cenergistic® delivers customized, comprehensive people-driven energy conservation programs that focus on changing human behavior to help clients reduce their consumption of energy and water without any equipment upgrades. Implementation of these programs is guided by Cenergistic’s team of energy consultants - together representing several hundred years of energy conservation experience. Cenergistic’s clients can invest the financial savings that result in the lives of the people they serve, rather than in utility companies. Cenergistic guarantees the success of these programs as set out in paragraph 7 below. To date Cenergistic has served more than 1,450 clients in 48 states. The City is committed to its mission: "The mission of the City of Clearwater is to provide cost effective municipal services and infrastructure; facilitate development of the economy; and support a high quality of life and experience." The City uses electricity, gas, water and sewer (collectively “energy”) to fulfill its mission. The City currently uses one facility. Cenergistic has offered to build and provide a customized energy conservation program that is focused on organizational and behavioral change and is designed with the following goals: •Save dollars that the City can reinvest in the people it serves; •Preserve a quality operating environment for the City’s facilities; •Conserve energy for a positive impact on the environment; and, •Increase awareness to empower energy users to be energy savers. Cenergistic will help the City pursue these goals through implementation of its energy conservation program. Central to the success of this program is the recognition of shared responsibility between Cenergistic and the City as the program is initiated and implemented. Cenergistic provides extensive resources, education and onsite training, action planning, and other conservation-related services, while the City works cooperatively to implement Cenergistic’s program. Shared responsibility also extends into the way Cenergistic is compensated for its services. With this in mind, Cenergistic is providing one or more energy specialists who will serve on-site to lead and manage implementation of the energy conservation program and is offering a 2 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com “performance fee” billing arrangement. This approach means the City will not have to spend any amounts for on-site management of the program and 100% of Cenergistic’s compensation is paid from the savings realized by the City. Cenergistic’s fee is contingent on the successful implementation of Cenergistic’s conservation program. As a part of this shared responsibility, Cenergistic offers a Fee Free Period during the first month to allow for acceleration of savings for the City before Performance Fee payments begin. The parties therefore agree as follows: 1. Program. On ____________________ (“Start Date”) Cenergistic shall begin its work on this contract to provide the City with a people-driven energy management program that is customized to enable the City to reduce consumption of energy (“Program”). 2. Energy Consultants. A Cenergistic team of energy consultants shall deliver the Program to the City as follows: • Through Cenergistic’s on-site and ongoing assessments of the City’s facilities and based on Cenergistic’s experience in having assessed thousands of client facilities, Cenergistic’s energy consultants shall deliver hundreds of recommendations that are specific to the City’s environment. • Cenergistic’s energy consultants shall guide and assist the City’s Program implementation following Cenergistic’s proven methodology, the Cenergistic energy management program. 3. Energy Specialist. (a) Onsite Assignment. Program implementation requires a daily focused effort in the City’s facilities and areas. One or more Cenergistic employed energy specialists (“energy specialist”), and the use of technology will be used to assist the City with making conservation a priority while positively engaging people to conserve energy. Cenergistic will adequately staff the Program for optimal success through a combination of an energy specialist, onsite engineer and energy expert visits, use of monitoring technology and remote support through our EMS and engineering group in Dallas. Cenergistic shall take immediate actions to identify and employ the energy specialist for the City. The salary or contract expense for the energy specialist will be paid by Cenergistic. The City Human Resources Department will participate in the Welcome Call to be conducted at a mutually agreeable time following the signing of this contract and will assist and cooperate with Cenergistic in making information concerning employment information and options as an energy specialist available to City employees. The City Human Resources Department will also assist with internally publicizing, posting, distributing information and coordinating Job Information Sessions and interviews by Cenergistic for a prospective energy specialist. In the event the Program is suspended for reasons set out in paragraphs 7(b) or 8(c) below, the City shall reimburse Cenergistic for the compensation of the energy specialist during the period of Program suspension. Cenergistic will 3 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com not assign an energy specialist to the City that is unacceptable to the City (which acceptance shall not be unreasonably withheld). (b) Duties. The primary duties of the energy specialist will be to spend time in the City’s facilities to identify savings opportunities and to work closely with the City’s staff to execute proven implementation strategies to change behavior linked to energy consumption. The effective management of energy information is also important for achieving positive results through accountability. For this the energy specialist will work to maintain energy consumption and other information related to energy use in the City’s facilities and areas. The energy specialist will use the EnergyCAP® energy accounting program from EnergyCAP, Inc. (“Third Party Software”). (c) Local Resources. Within 30 days after the Start Date, the City will provide Cenergistic personnel with office space, an office phone, internet access, email address, on- campus parking, building keys and alarm codes. Use of these resources is subject at all times to City policies and procedures. If requested due to safety or security concerns, the City will provide a commissioned security officer to accompany the energy specialist while performing facilities assessments outside of normal business hours. 4. Program Implementation. (a) Prompt Start. Upon completion of the Fee Free Period, the City will promptly begin and then continue to implement the Program. (b) Commitment and Communication. In Cenergistic’s experience, the success of the City’s Program implementation will be a function of the demonstrated commitment of the City Council, Mayor and other administrators, e.g. through timely communication of high level support for the Program. More specifically, no later than 60 days after the Start Date, the City Council must adopt an appropriate policy and, no later than 30 days after the Start Date, the administration must adopt appropriate administrative guidelines reflecting the City’s commitment to the Program. The City shall communicate these guidelines to its people, construction contractors and on-site management service providers, if any. Cenergistic will facilitate semi-annual progress reports for the City Council. The City will make its utility records available for review and copying on request of the energy specialist, Program Liaison or Cenergistic. (c) Software. (i) Cenergistic GreenX Software. The GreenX mobile and desktop application which is accessible over any browser-enabled device serves as the focal point for energy savings across your entire facilities portfolio. Our machine-learning anomaly detection algorithms provide transparency into the energy consumption profiles of your buildings and provides alerts and potential resolutions by combining building, equipment and sensor data with historical energy use, weather and other seasonal data. (“Cenergistic Software”) 4 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com (ii) Third Party Software. The effective management of energy information is a first step to achieving positive results through accountability. Energy consumption will be accounted for by using the Third Party Software, with which Cenergistic’s energy consultants are knowledgeable and trained to provide support to the City. No later than 30 days after the Start Date, the City must license the Third Party Software program (and pay the licensing fees) from EnergyCAP, Inc. or, if later recommended by Cenergistic to its clients (e.g. because EnergyCAP® ceased to be available), an alternative Third Party Software program. Data input and maintenance will be managed and controlled, at Cenergistic’s option, either by the Energy Specialist or at Cenergistic’s corporate office, with City access to review all data entry. (d) Program Liaison. Within thirty (30) days after the Start Date, Cenergistic and the City will discuss and collaborate on identifying one of the City’s senior-level business personnel to serve as the liaison and primary point of contact for the City on the Program (“Program Liaison”). The Program Liaison should be accessible and responsive to Cenergistic for communication and meetings and may not be someone (including any Successor Program Liaison) who is unacceptable to Cenergistic. Cenergistic will offer education and training for the Program Liaison (and any replacement Program Liaison) to effectively serve in the role, with an emphasis that will promote the Program Liaison’s role in reviewing all savings determinations. To assist in the education and training, at the next scheduled session after the Start Date, the Program Liaison shall attend, at Cenergistic’s expense, the EnergyCAP workshop provided by EnergyCAP Inc. in Dallas, TX. The Program Liaison may bring other City representatives to the EnergyCAP workshop, at City expense. In the event there is a replacement Program Liaison, after designation for that position, that person shall attend the next offered EnergyCAP workshop, at Cenergistic’s expense, in Dallas, TX. The Program Liaison position shall not be vacant for more than thirty (30) consecutive days during the Term of the contract. (e) Access, Authority and Control. Cenergistic personnel shall have access to the City’s systems controls, including the energy management systems (“EMS”), and the authority (in communication and coordination with other City personnel) to make changes so that facilities are not operated outside of the established policy and guidelines. The energy specialist needs the authority to: (1) program the EMS including changes in the temperature settings and run times of EMS controlled equipment (e.g. HVAC, water, heating and lighting systems), and (2) change settings and run times for each facility’s equipment and systems (e.g. lighting, sewer and water systems, time clocks and thermostats) that are not controlled by the EMS. The energy specialist will not have authority to make any changes that violate City established policy and guidelines and the City retains the right to suspend access of the energy specialist to the energy management systems (“EMS”) at any time. In the event of such a suspension the City will immediately inform Cenergistic of the suspension and the basis. The City shall provide such access and authority to Cenergistic within 30 days of the Start Date. In order to evaluate and track occupant comfort, within 30 days of the Start Date, the City will set 5 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com up or expand its internal procedure to ensure that all comfort feedback is immediately routed to the energy specialist. This contract does not alter the City's exclusive right of control over its people and facilities and its pre-existing responsibility, if any, to provide reasonable premises safety. (f) No Third Party Interference. The City shall not allow any third party to interfere with the City’s Program implementation. 5. Savings Determination. (a) General. Energy savings are determined in accordance with the Measurement and Verification Plan (“M&V Plan”) attached hereto by comparing measured use before and after the start of Program implementation, with appropriate adjustments for changes in conditions that are independent of the Program. The simple formulaic expression is: Avoided Energy Use (or Savings) = Adjusted-Baseline Energy – Reporting-Period Energy ± Non- Routine Adjustments of baseline energy to reporting-period conditions The energy specialist shall use the Third Party Software to calculate the City’s savings by subtracting the energy actually used (i.e. consumption: kWh, BTUs, gallons, etc.) in each Performance Year (as defined below) from the use in the Base Year (as defined below), plus or minus any Adjustment Variables (as defined below), and applying the price (based on the blended rate to the City for each type of energy purchased by the City for all sources of energy except for solar which shall be valued as set out in paragraph 5(d)(iii) below) (“Savings”). The “Total Savings” means the Savings and any additional verifiable cost containment or avoidances resulting from the Program (e.g. utility refunds received as a result of a Program billing audit), in accordance with current industry-accepted valuation methodology. Savings reports shall be delivered to the Program Liaison for review and verification. The Program Liaison will work diligently to review reported Savings and will present any questions about the savings reports within five business days of receipt. Cenergistic’s projections of Total Savings when using the Program are based upon energy consumption and other data furnished by the City. (b) Baseline Period. A baseline period will be established as set out in the attached M&V Plan by Cenergistic and the energy specialist, in consultation with the Program Liaison. Unless modified as set out below, the Third Party Software will be used to establish a baseline period consisting of 12 consecutive months that precede the Start Date (“Base Year”). The City represents that the historical utility usage data and building information provided to Cenergistic for the purpose of savings projections is accurate. If it is later determined that either: 1) there is a variation between the data provided and the Base Year data of ± 5% or more or, 2) changes in the 12 months preceding the Start Date would cause those 12 months to not accurately reflect actual pre-program usage by the City (“variation”), Cenergistic may select as the Base Year an alternate 12-month period from the 36 months preceding the Start Date. For new construction, the energy specialist and Cenergistic, in consultation with the Program Liaison, will use detailed, calibrated simulation analysis to compile the Base Year. 6 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com (c) Reporting Period. Each reporting period will be a 12 month period (“Performance Year”). The first Performance Year will begin after the Fee Free Period (as defined below) ends (“First Year”) and each Performance Year is consecutively named. The “Second Year” means the 12 month reporting period following the end of the First Year, the “Third Year” follows the Second Year, and so on. Using the Third Party Software, Savings shall be calculated for each Performance Year in comparison to the Base Year. (d) Appropriate Adjustments. (i) Adjustments to the baseline shall be made in accordance with the M&V Plan to recognize that the operating environment changes in ways that impact energy use but are independent of the Program (e.g. the weather) and function simply to bring energy use for the two time periods to an equivalent set of conditions. (ii) The Third Party Software allows appropriate adjustments to the Base Year, using available data to account for the following factors occurring during the Performance Year that affect the energy used in facilities (“Adjustment Variables”): outside temperature; floor space; occupancy type or schedule; amount, type or use of equipment; number of days in the billing period; energy rates; and reasonably estimated energy loads added or reduced after Program implementation. (iii) The Third Party Software also allows other appropriate adjustments for a more accurate Savings calculation. If the City has experienced abnormal temperatures during the Base Year, a total of 36 months of billing information will be used to create a more accurate statistical model for the City. The City shall communicate the City’s energy conservation guidelines to its construction contractors and on-site management service providers, if any. Savings will be determined using either calibrated simulation or by making appropriate adjustments, as mutually agreed by the parties, in the event of any of the following: (a) the guidelines are not substantially followed by third party construction contractors or on- site management service providers; (b) the City chooses not to substantially implement Cenergistic’s water conservation recommendations; or, (c) there are equipment malfunctions that negatively impact program savings. Agreement concerning the calibrated simulation or appropriate adjustments will not be unreasonably withheld by either party. In the event solar electricity is implemented by the City, the parties agree to a process that recognizes net metered electric generation to exclude any solar production from the reported Third Party Software use and cost avoidance. Solar energy produced (that was consumed by the building) is tracked in the Third Party Software to allow for the total energy consumption comparisons. All savings reported in the cost avoidance reports shall be from energy purchased from the grid (metered electricity) so it will be valued at the grid average unit cost (as “average unit cost” is defined in this contract and Measurement and Verification Plan). (iv) The data will continue to be reviewed for accuracy during the term of the Contract. In the event there are inaccuracies in the data or there are data entry errors (i.e. information not known at the time, incorrect meter reading or data entered into the Third Party 7 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com Software incorrectly), the data may be updated to correct such errors that occurred during the twelve (12) months immediately preceding the latest monthly billing statement. Data prior to the twelve (12) months immediately preceding the latest monthly billing statement will be deemed to be accurate by the parties. (e) Third Party Contractor. The parties agree that Cenergistic may utilize the services of a third party contractor to (1) automatically retrieve utility bill data from both online and offline sources by, among other things, accessing utility vendor websites, OCR of scanned copies of bills or reading from machine readable files, (2) import the data into the Third Party Software, and (3) utilize the service of other third party contractors. The City (1) consents to allowing access to utility bills by such third party contractor and (2) agrees to reasonably cooperate with such third party contractor, with assistance as necessary from Cenergistic, to enable the third party contractor to have and maintain access to (including online) to the City’s utility bills. 6. Term. This contract shall be for a term beginning on the Start Date and ending on the due date for the Performance Fee payment for the last month of the Fifth Year (“Term”). 7. Fee Free Period and Fees. (a) Fee Free Period. The Fee Free Period shall begin on the Start Date and end one month after the Start Date, or on such later date as determined by Cenergistic (“Fee Free Period”). (b) Performance Fee. Cenergistic’s Performance Fees are based on the Total Savings the Program achieves during the first five Performance Years (for a total of sixty Performance Fee payments, hereinafter, “Fee Period”). For each month during the Fee Period, the City shall pay Cenergistic a fee in an amount equal to 50% multiplied by the Total Savings for that month (“Performance Fees”). For internal accounting purposes, Cenergistic will allocate 25% of the Performance Fees as the value of the Cenergistic Software. The Performance Fees will be invoiced beginning the 1st day of the month following the Fee Free Period (or as soon thereafter as the data is available to calculate the Total Savings for that month), and shall continue being invoiced on the 1st day of each succeeding month until all sixty (60) Performance Fees have been paid. Cenergistic shall submit a Performance Fees billing statement to the City for each month during the Fee Period. Payment is due no later than 30 days after the City receives the billing statement. Failure to pay the billing statement within 60 days after it is due, at Cenergistic’s option, shall result in the Program being suspended (including, without limitation, the suspension of consultant and energy specialist participation in the Program). Savings shall continue to accrue during any suspension for failure to pay the billing statement. A valid request or need for an adjustment to a billing statement shall not be good cause for failure to pay a given billing statement; any appropriate adjustments shall be made to subsequent billing statements. (c) Billing Audit Contingent Fees. In addition to any Performance Fees, the City shall pay Cenergistic a fee in an amount equal to 50% multiplied by the amount of any refund or 8 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com credit that the City receives from a third party provider of energy as a result of a Program billing audit (“Billing Audit Contingent Fees”). Any such credit or refund received during the Fee Period shall be payable according to paragraph 7(b). (d) Additional Facilities. In the event the City builds, acquires, contracts with, or otherwise becomes responsible for additional facilities (“additional facilities”), such additional facilities will be included and become part of the Program pursuant to this Contract for all purposes (specifically including the payment of fees as set out in this Contract). If the City is requested by another city (“requesting city”) to allow the energy specialist to provide energy management support, the City agrees to not share, utilize, or include the Program (including the use or services of the energy specialist trained by Cenergistic) to any extent, in any facilities in the requesting city without Cenergistic’s express written consent and payment of additional fees as mutually agreed. (e) Savings Guarantee. Cenergistic’s commitment to the quality of the Program is evidenced by Cenergistic’s Savings Guarantee (as defined below). Cenergistic shall reimburse the City for the difference if the City’s Costs (as defined below) exceed its Total Savings, computed from the Start Date to the end of any Performance Year during the Term (“Savings Guarantee”). Due to the cumulative nature of the Savings Guarantee it is necessary to specify that Cenergistic shall not make reimbursement for amounts that Cenergistic has already paid or reimbursed for a prior Performance Year. To be eligible for the Savings Guarantee the City must have substantially implemented the Program. The “City’s Costs” means the total amounts paid for initial and renewal costs of the Third Party Software, and the Performance Fees. Cenergistic shall pay the City a required reimbursement no later than 90 days after the results for the prior Performance Year have been finalized by Cenergistic and the energy specialist. If Cenergistic fails to make a required reimbursement, the City may terminate this contract without payment of a Work Fee and recover the amount of the required reimbursement from Cenergistic. 8. Termination for Convenience or Lack of Substantial Implementation. (a) Termination for Convenience by City. As provided in this contract Cenergistic anticipates a long- term relationship and remains committed to the City through the Term and beyond. However, the City may terminate this contract for any reason and without cause as provided in this paragraph. Also, Cenergistic may terminate this contract in the event that even after notice and an opportunity to remedy the City is not substantially implementing the Program (as defined below). In either instance, the City must pay a Work Fee to compensate Cenergistic for its Intellectual Property, the work performed by Cenergistic and for the benefits received by the City (and not as a penalty) (“Work Fee”), with the calculation based upon the date of termination, as follows: Contract Start Date through the end of Performance Year One a. Payment for the value of Cenergistic’s Intellectual Property and the 9 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com continuing benefits of the program after termination: in the amount of $170,100 which represents 15% of Projected Performance Year One Total Gross Savings per the Cenergistic matrix; plus b. $700 per day, for each Cenergistic employee on-site from Start Date through the termination date to cover costs including overhead Performance Years Two through Four An amount equal to the preceding twelve months’ Performance Fees Performance Year Five The lesser of: (a). the remaining projected fees for Performance Year 5 per the Cenergistic matrix; or, (b). an amount equal to the preceding four months Performance Fees (b) To validly exercise its right to terminate during the Term for any reason and without cause (including if there is no appropriation of funding or for any other termination that is not based on Cenergistic’s failure to perform its material obligations under this contract) (a “Termination for Convenience”), the City shall provide Cenergistic with at least 60 days prior written notice and shall promptly pay Cenergistic (1) a Work Fee, plus (2) an amount equal to the unpaid Monthly Performance Fees and Billing Audit Contingent Fees, if any, but only through the termination effective date. The City’s right to terminate for convenience does not limit the rights and remedies of the City. More specifically, if Cenergistic fails to perform its material obligations under this contract, the City’s legal rights and remedies are not limited by the terms of this paragraph. If the City contends Cenergistic has committed a material breach of the contract, the City will provide written notice to Cenergistic specifically describing the breach and giving Cenergistic a reasonable opportunity and time (not less than 30 days) to cure the claimed breach before taking other action. If the material breach is not remedied by Cenergistic following the notice as set out above, the City may terminate this contract without any obligation to pay a Work Fee. (c) Substantial Implementation. If Cenergistic reasonably determines that the City is not substantially implementing the Program, Cenergistic shall give the City written notice of its determination (including specific details supporting Cenergistic’s determination and specific recommendations for appropriate City action) and, at Cenergistic’s discretion, the Performance Year and payment of the Performance Fees shall be suspended until the City is substantially implementing the Program. The City shall act within a reasonable time to cure such 10 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com failure, with curative steps being taken within sixty (60) days after receipt of the written notice referenced above. If the parties are unable to agree on whether the City is substantially implementing the Program, the parties agree to meet to resolve the differences as set out in paragraph 12(c) below. “Substantial implementation of the Program” does not require the City to have implemented the Program in every detail. To “substantially implement” the Program means that the process of implementation is material to the extent that the program functions as intended. It requires that the Program has been implemented in its material elements, or almost fully implemented. Without limiting the foregoing, the following shall be a lack of substantial implementation for purposes of this paragraph: (i) failure to pay a billing statement within 90 days from the due date; (ii) failure to approve the administrative guidelines within 60 days of the start date; or, (iii) if the City directs Cenergistic to stop work for reasons other than a material breach of this contract and such notice is not withdrawn within sixty (60) days after initial delivery to Cenergistic. For purposes of determining savings, savings shall continue to accrue through any suspension period. If Cenergistic reasonably determines the City continues to fail or refuse to substantially implement the Program following such notice and opportunity to remedy, (including the opportunity to follow the dispute resolution process set forth in Paragraph 12(c) below), then Cenergistic may exercise this right to terminate during the Term on written notice and the City shall promptly pay Cenergistic: (1) a Work Fee as calculated according to this paragraph 8 above, plus (2) an amount equal to the unpaid Performance Fees and Billing Audit Contingent Fees, if any, but only through the termination effective date. (d) Termination for Convenience by Cenergistic. In the event Cenergistic determines there are unanticipated factors or changes that occur during the Term that make continuation of the Program unsustainable, upon giving the City sixty (60) days prior written notice, Cenergistic shall have the right to terminate this contract without any payment or other obligation. In such event, the City will be entitled to retain all residual savings after the date of termination from the Program without payment of Performance Fees for such period and shall not be required to pay a Work Fee. Unanticipated factors or changes shall include, without limitation, the following: unusual building or operational conditions, equipment defects, inability to hire and/or retain a qualified energy specialist, or other factors not in Cenergistic’s control that would materially and negatively impact savings or savings potential. 9. Termination Event. Upon termination of this contract or discontinuation of the Program at the end of the Fee Period the City shall promptly: (a) return to Cenergistic all materials and Proprietary Information previously furnished by Cenergistic or accumulated by the City in connection with the Program, including all copies thereof; (b) return or allow the removal by Cenergistic of any monitoring or sensor devices installed by Cenergistic or at any time upon Cenergistic request; and (c) cease using the Proprietary Information and implementing the Program. Notwithstanding the foregoing, the City is not prohibited from: (i) using energy conservation information that is in the public domain or is obtained from sources other than 11 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com Cenergistic, or (ii) hiring a person (other than an energy specialist trained by Cenergistic) to assist with monitoring energy use or consumption. 10. Proprietary Program and Information. (a) Proprietary Information. The City will have access to and use of (1) Cenergistic’s energy management program, (2) materials that are copyrighted, trade secrets and other information that is proprietary to Cenergistic, and (3) the Cenergistic Software, including both browser based and mobile versions, upon acceptance of the Terms of Services which are hereby incorporated by reference, as the same may be developed and released by Cenergistic from time to time during the term of this Contract pursuant to a nonexclusive, nontransferable license to use Cenergistic Software. Items (1) through (3) along with all database files created using the Third Party Software are collectively referred to as “Proprietary Information”. (b) Limitations on Use; Confidentiality. The City hereby agrees that Cenergistic is the owner of all right, title and interest in and to the Proprietary Information. The City agrees that nothing contained in this Agreement shall be construed as granting any ownership right to the City in any Proprietary Information, or to any invention or any patent, copyright, trademark, or other intellectual property right. The City shall not make, have made, use or sell for any purpose, any product or process using, incorporating or derived from any Proprietary Information. The City shall not copy, modify, reverse engineer, decompile, create other works from, or disassemble any software programs contained in the Proprietary Information. The City agrees that an invention or work created by the City or any of its personnel based on or incorporating any of the Proprietary Information shall be owned exclusively by Cenergistic. The City agrees that the Proprietary Information (including all copies) continues to be Cenergistic’s property and should be kept confidential to the full extent permitted by law. The City agrees not to challenge, or assist any third-party in challenging, Cenergistic’s ownership rights in the Proprietary Information, and in any invention, patent, copyright, trademark, or other intellectual property right. The City agrees that the Proprietary Information, including but not limited to the patents and copyrights of Cenergistic, are valid and enforceable. The City shall not challenge the validity or enforceability of any patent, trademark or copyright owned by Cenergistic in any court, at the Patent and Trademark Office, or in any other forum or before any arbitrator. The City shall give Cenergistic written notice and an opportunity to respond if the City receives a third-party request for Proprietary Information. The City shall not disclose the Proprietary Information to any unauthorized person or use it outside of the City or this contract. The City shall assist Cenergistic in the protection of the Proprietary Information and shall execute all documents reasonably necessary to vest and perfect title to the Proprietary Information in Cenergistic upon written request. The City’s obligations under this paragraph survive termination of this contract. City hereby agrees that breach of this subparagraph will cause Cenergistic irreparable harm for which recovery of money damages would be inadequate, and that Cenergistic shall therefore be entitled to obtain immediate and permanent injunctive relief, without the necessity of posting bond, as well as such further relief as may be granted by a court of competent jurisdiction. 12 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com (c) Non-Solicitation. While under contract with Cenergistic and for a period of two years following the termination of this contract, the City will not solicit, hire or retain any Cenergistic employees or contractors for employment or other work at or for the City. 11. Program Continuation Phase. After the Term, the City will have the option to continue partnering with Cenergistic upon the same terms as set out in this Contract to sustain and grow energy program savings. No action will be required by either party to continue the Program beyond the Term, but if the City chooses not to continue the Program beyond the Term or to terminate at any time after the Program has been continued beyond the Term, it will provide sixty (60) days written notice to Cenergistic. There shall be no Work Fee in the event of cancellation after the end of the Term. 12. Miscellaneous. (a) This contract constitutes the entire agreement of the parties with respect to the subject matter of this contract. This contract supersedes the parties’ prior communications, requests, responses, proposals, offers and agreements, if any. This contract may be modified only by a writing signed by the parties. Invalidity or unenforceability of one or more provisions of this contract shall not affect any other provision of this contract. (b) The Parties agree that if any dispute, controversy or claim cannot be settled through good faith efforts outlined in the paragraph below then it shall be settled by a court with competent jurisdiction. In an action to enforce or construe this contract in a court with competent jurisdiction, the prevailing party shall be entitled to recover its reasonable and necessary attorneys’ fees and costs of court. (c) Dispute Resolution. Open communication and cooperation of the parties is vital to the success of the Program and to the settlement of disputes if they arise. If a dispute persists, either party may suggest an executive meeting for review and resolution. The party suggesting the meeting should identify the issues in dispute and coordinate a face-to-face meeting at the City to review the issues and solution options. The executive officer for each party who has full authority to discuss the issues and commit to effective solutions shall attend and participate in the meeting. Also, those persons with firsthand knowledge of the issues must be available for the meeting. No dispute under this contract shall be subject to litigation proceedings prior to completing the meeting, except for an action to seek injunctive relief. (d) Counterparts. A signed copy of this Contract delivered by facsimile, e-mail or other means of Electronic Transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Contract. 13 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com Each party is signing this contract on the date stated under that party’s signature. CITY OF CLEARWATER CENERGISTIC LLC By:______________________________ By:______________________________ Name:___________________________ Name: John Bernard Title:____________________________ Title: SVP, Client Development Date:____________________________ Date:___________________________ City of Clearwater, FL - K12 TK CONTRACT v.1 080119 14 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com MEASUREMENT AND VERIFICATION PLAN This Measurement & Verification Plan (“M&V Plan”) is prepared for City of Clearwater (the “Organization”) by Cenergistic and is agreed to by the parties as the M&V plan in accordance with the protocols of the International Performance Measurement and Verification Protocol (“IPMVP”) for the energy program delivered by Cenergistic pursuant to the contract with a Start Date of __________________________. This M&V Plan is prepared in accordance with Section 7 of IPMVP Core Concepts (EVO 10000- 1:2016). The IPMVP guideline, developed and maintained by the nonprofit Efficiency Valuation Organization (see www.EVO-World.org), is the most current and widely-recognized guideline promulgated by a non-profit and impartial source. The IPMVP is the product of an international consortium of volunteers working together to promote standardized methods for the correct valuation of energy efficiencies. IPMVP includes guidance for many types of energy management initiatives and circumstances; not all guidance is applicable in all cases. The purpose of this M&V Plan is to document how the M&V guidance contained within IPMVP will be specifically applied to this contract. In cases of variance between specific provisions of IPMVP and this M&V Plan, this Plan takes precedence. 1. Facility and Project Overview Cenergistic energy programs are people driven programs that include multiple facilities and conservation steps. The program scope and list of measures are described within the contract. 2. ECM Intent The energy conservation measures (“ECMs”) reduce electricity, gas, water and other energy usage and cost, depending on the specific facility. Many varied ECMs will be used to achieve the savings. The expected savings will be an amount in excess of the cost of the program in accordance with the Savings Guarantee. ECMs will be operational in nature (not equipment, facility or hardware retrofits) and are generally categorized as turning off energy-using systems when not necessary, setting back energy-using systems when possible, and improving efficiency of energy-using systems when in use. Space conditions, during both occupied and unoccupied periods, will change as necessary to comply with the organization’s published energy policy and administration guidelines. 3. Selected IPMVP Option and Measurement Boundary IPMVP Option C (Whole Facility) will be used for savings determination because it is the most appropriate M&V method for total facility energy reduction when all energy-using systems are affected and ECMs cannot be isolated, submetered or simulated by computer model. Option C was also chosen because many ECMs will be involved, and some of them cannot be directly measured. Utility meters for electricity, gas, water and sewer will be included in the savings M&V for the organization. Together, these meters will account for all energy use by each facility. The total savings is the sum of savings for each facility. The measurement boundary includes all facilities and 15 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com infrastructure owned and leased by the Organization. In the event metering equipment is determined to be unreliable, unavailable, or does not measure the effect of the ECM, Option A (Retrofit-isolation: Key Parameter Measurement), Option B (Retrofit Isolation: All Parameter Measurement) or Option D (Calibrated Simulation), will be used. 4. Baseline: Period, Energy and Conditions Using the Third Party Software (as defined in the contract, hereinafter “Third Party Software”), a baseline period shall be established for each meter consisting of 12 consecutive months (or 24 consecutive months when conditions warrant an expanded baseline) that precede the energy program Start Date. Normally this will be the 12 months immediately prior to start date, but under circumstances described in the contract, an alternate period (up to 24 months) may be chosen. The baseline data for each meter will be defined and available in the M&V Third Party Software upon import and preparation of the data for each meter & facility. The Third Party Software also includes static factors such as weather and building size. Included in the baseline data will be an identification of the baseline period, baseline energy consumption and demand data, other independent and relevant variable data, and other static factors (i.e. occupancy type, building information such as square footage, etc.). Other baseline data may be included and/or supplemented as agreed by the parties. Local weather data will be obtained from a nationally-recognized service. 5. Reporting Period Each reporting period will be a 12 month period called a “Performance Year”. The Performance Year begins according to the terms of the contract. 6. Basis for Adjustment Energy savings are determined by comparing measured use before and after the start of Program implementation, after making appropriate adjustments for changes in conditions that are independent of the Program. Since savings are to be reported as “cost avoidance”, under reporting period conditions, the IPMVP equation for reporting period savings will be used. This method quantifies how savings in a given reporting period is determined, relative to what energy use would have been without the ECMs in place, consider routine and non-routine adjustments and is expressed as: Avoided Energy Use (or Savings) = Adjusted-Baseline Energy – Reporting-Period Energy ± Non-Routine Adjustments of baseline energy to reporting-period conditions In addition, savings may be accrued due to one-time actions such as identification of utility billing errors leading to refunds, rebates, rate changes, and other measures that do not reduce energy usage but do reduce Organization’s out of pocket utility costs. 7. Calculation Methodology and Analysis Procedure The Third Party Software performs the cost avoidance calculation and analysis procedure. The Third Party Software allows appropriate routine and non-routine adjustments to the baseline period, using available data 16 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com to account for the following factors occurring during the reporting period that affect the energy used in facilities: number of days in the billing period, energy unit cost, and reasonably estimated energy loads added or reduced after Program implementation due to such factors as outside temperature; floor space; occupancy type or schedule; amount, type or use of equipment; facility construction/renovation; and energy management hardware retrofits installed under unrelated projects. Specific cost avoidance analysis algorithms used by the Third Party Software are extensively documented and can be furnished upon request. The Third Party Software also allows other appropriate adjustments for a more accurate Savings calculation. If the organization has experienced abnormal temperatures during the baseline period, a total of 36 months of billing information can be used to create a more representative statistical weather model. Savings will be determined using either calibrated simulation or by making appropriate adjustments, as mutually agreed by the parties, in the event of any of the following: (a) the organization’s energy conservation guidelines are not substantially followed by its construction contractors or on-site management service providers, if any, (b) the City chooses not to substantially implement Cenergistic’s water conservation recommendations; or, (c) there are equipment malfunctions that can negatively impact program savings. The Third Party Software adheres to the IPMVP guidelines. IPMVP is not exhaustive in its guidance; in some situations engineering judgment must be used. Calculations are supervised by licensed Professional Engineers, Certified Measurement and Verification Professionals and Certified Energy Managers. 8. Energy Prices Reporting of cost avoidance will value the energy use avoided at the then- current unit cost for each meter, each period. Prices will be calculated by the Third Party Software for each month. The price applied for each utility (except solar) is the realized price, based on the blended rate to the Organization for each type of energy purchased by the organization, taking into account consumption and all charges from the utility provider. In the event solar electricity is implemented by the Organization, the parties agree to a process that recognizes net metered electric generation to exclude any solar production sold back to the grid from the reported EnergyCAP use and cost avoidance. Solar energy produced (that was consumed by the building) is tracked in EnergyCAP to allow for the total energy consumption comparisons. All savings reported in the cost avoidance reports shall be from energy purchased from the grid (metered electricity) so it will be valued at the grid average unit cost (as “average unit cost” is defined in this contract and Measurement and Verification Plan). 9. Meter Specifications Utility grade meters used for billing are the only meters used. Exception: For bulk fuel stored in tanks, manual measurements recorded by the organization or by the provider may be used. In master-metered campus situations, submeters may be necessary for accurate identification of building by building energy usage. 17 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com 10. Monitoring responsibilities Energy data from utility bills will be recorded in the Third Party Software as set out in the contract. The Third Party Software captures weather information necessary for calculating and applying adjustments. Changes to the baseline conditions, such as facility size, occupancy or equipment changes, will be documented in the Third Party Software. Responsibility for collection, entry, calculation and accuracy of the data in the Third Party Software is the responsibility of the Energy Specialist(s) under the supervision of Cenergistic. 11. Expected Accuracy The accuracy of data capture of the utility billing data and entry of that data into the Third Party Software is expected to be verified 100% (± 2%) via reports that reconcile data with utility bill accounts payable to ensure the quality of the data entered, to ensure consistency with previous billing, elimination of gaps or duplicate entries, and reasonable protection against user errors in data entry. Statistical accuracy of the Third Party Software’s routine weather adjustment process uses industry-standard linear regression techniques and is evaluated on a meter-by-meter basis. Data analysis does not involve sampling since the actual data, as entered into the Third Party Software, is used for any savings calculations. The accuracy of the Third Party Software’s calculations has been validated empirically against the Department of Energy’s ENERGY STAR program, which benchmarks buildings’ performance. The calculations of the Third Party Software are consistent with ENERGY STAR results in determining increase in building energy utilization index (EUI – Energy usage per square foot per year). 12. Budget The cost of M&V includes the Third Party Software cost, as defined in the contract, plus a portion of the Energy Specialist’s time. The Third Party Software cost is defined in the contract. More time will be required early in the energy program by the Energy Specialist as the baselines are determined and the Energy Specialist becomes familiar with the Third Party Software and the process for entering data and determining savings. Once the utility bills have been entered, the baseline has been determined and the Energy Specialist has become familiar with the Third Party Software and the process, subsequently, the savings determination process and its review with operating and administrative staff is expected to require approximately 5% of an Energy Specialist’s time, across all meters and facilities for the organization. 13. Report Format Cost avoidance will be calculated on a monthly basis as set out in the contract. M&V and cost avoidance reports will be prepared and provided at least semi- annually to the organization. Cost avoidance calculations will commence with a formal data release occurring approximately five months after the Energy Specialist is in place. Cost avoidance reports will include results from the Third Party Software and show energy as well as expenditure savings versus the baseline. Cost avoidance reports have different formats for different audiences, but in general show usage and cost for: baseline actual, baseline 18 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com adjusted to reporting period conditions, reporting period actual, and calculated cost avoidance (adjusted baseline minus reporting period actual). 14. Quality Assurance Cenergistic quality assurance procedures and testing principles are applied to the baseline and performance data at the beginning of each program and periodically throughout the term of the contract. Testing includes, but is not limited to a review of the baseline for compliance with contractual terms including M&V Plan, testing of baseline data for reasonableness, accuracy and completeness, substantive sampling techniques for Third Party Software bill entry data correctness, Third Party Software settings and standard and special adjustments appropriateness and correctness. The parties agree this M&V plan will be modified as mutually agreed to reflect changes that occur or additional data that may be obtained. This M&V plan has been developed for City of Clearwater by the following qualified professional. CENERGISTIC LLC ___________________________ Eileen Byrd SENIOR VICE PRESIDENT – QUALITY ASSURANCE CERTIFIED PUBLIC ACCOUNTANT (Texas State Board of Public Accountants) CERTIFIED INTERNAL AUDITOR (Institute of Internal Auditors) CERTIFIED QUALITY ENGINEER (American Society of Quality) CERTIFIED MEASUREMENT AND VERIFICATION PROFESSIONAL (Association of Energy Engineers) CERTIFIED ENERGY MANAGER (Association of Energy Engineers) 1 A Partnership in Sustainability The City of Clearwater Clearwater, Florida 13 December 2021 cenergistic.com Who We Are 2 1986 by Dr. William SpearsFounded Nationwide (48 states)Company Presence Technological Scale 250+ Employees 130+ Advanced degrees and engineering certifications Energy Specialist population ~20%veteran, ~33% academic Employees The market leader for 34 years in behavioral conservation and advisory services $6.2B in verified savings across 25,000 buildings representing 1.2B square feet ENERGY STAR®Recognition from the Environmental Protection Agency (EPA) for 12 Consecutive Years The Cenergistic Approach Recover money from your current budget to fund what matters most. Create healthy and safe facilities and Buildings for Citizens and Staff Lead by example through education and involvement with the community and staff about the impact they are having on the environment Create a Funding Source Educate and Involve the Community and Staff 3 Healthy Buildings and Facilities Establish, Create and Maintain a Culture of Sustainability Develop and maintain a culture of Sustainability and Conservation 4 Conservation that Counts We pair cutting edge proprietary energy management software with our behavior-based energy conservation program to deliver healthier buildings and drive conservation across all client sites. $6.2 BILLION IN ENERGY SAVINGS By applying sustainability principles and software, our clients have saved billions —literally. 25% AVERAGE CLIENT SAVINGS More than 1,500 clients use Cenergistic as a funding solution to reclaim planned utility expenses. 13,000+ ENERGY STAR® RECOGNITIONS Our K-12 clients have earned more ENERGY STAR® Building Certifications than clients from any other vendors. From the start, Cenergistic’s clients have eliminated energy waste equivalent to: 763,991,733 TREE SEEDLINGS GROWN FOR 10 YEARS 10,320,228 TONS OF WASTERECYCLED 4,420,006 CO2 EMISSIONS FOR HOMESENERGY USE FOR ONE YEAR 72,271,082,117 MILES DRIVEN BY AN AVERAGEPASSENGER VEHICLE WWW.CENERGISTIC.COM ENERGY STAR Sustained Excellence Award 12 Years In A Row WWW.CENERGISTIC.COM Energy Program Accomplishments 6 Same ResultTougher CriteriaNew Year The Cenergistic Partnership Additional Benefits •Diagnose Comfort Issues •Vendor Support •Engineering Studies •Moisture Management Training •Controls/HVAC Training •Controls Point Validation •Special Projects 7 Our Team is an Extension of Your Facilities Team •Professional Engineers •HVAC Design Engineers •EMS Experts •HVAC Technicians •Facilities Operators •Landscape and Irrigation Professionals •Pneumatics Experts •Certified Building Commissioning Professionals Our Energy Specialists We Recruit the Best & Brightest ~20% CES Population Veteran ~33% CES Population Academic 130+ Advanced Degrees & Certifications Recipe for Success Continual training provided through onsite consultant support, corporate classroom and eCampus learning. Target Strong Interpersonal, Technical and Analytical Skills Ability to relate to everyone in the organization and clearly communicate and educate about the value of the energy program. 8 GreenX™Platform 9 Cenergistic GreenX® 10 GreenX® Audit •Collects building audit data •Collaborative workflows •Categorizes faults for analysis •Alerts capture future actions •Allows for remote management GreenX® Facility •Client access to GreenX® •Scalable user permissions •Alert-driven support requests •Allows participation in workflows •Access to training catalog •Building assessment scores GreenX® Dashboards •Performance reporting •Motivational feedback •Easy access to information •Financial or energy displays •Key metrics for CES development Cloud-based application designed to work on any device Data-driven energy conservation software suite GreenX® Analytics •Patented analytics •Automated data acquisition •Monthly/interval data analysis •Real time data-driven alerts •Alert workflows ensure resolution Cenergistic Executive® 11 Building Performance & Benchmarking •Cost / Cost Avoidance / EUI benchmarking •Benchmark by building type or classification •Review individual buildings’ performance •Building pandemic filtration and ventilation rating Executive Audit and Alert Summary •Displays audit activity with analytics •Displays types/quantity of alerts being worked Intuitive Interface •Five-swipe interface •Easy to understand dashboards •Energy / financial / environmental impacts •Cenergistic Team one-touch contact •Designed for busy executives Cloud-based application designed to work on mobile devices Data and performance access for busy executives GreenX®Analytics 12 Cenergistic GreenX® Patented Analytics •Detects building startup •Learns normal time •Alerts CES when abnormal •Alert workflow manages to completion GreenX® Patented Analytics •Detects building setback •Learns normal time •Alerts CES when abnormal •Alert workflow manages to completion Interval data analytics example 13 WWW.CENERGISTIC.COM •STEM Camps presenting during the 2019 Summer at all camp locations. •STEM Academies presentation at six sites •STEM Expo Exhibitor 2019 •Energy Mascot Contest •Girls Power Tech STEM event mentor •Great American Teach-in Presenters •Veterans Day Recognition Attendee Energy Program Student Engagement 14 Developing Junior Energy Specialists and Conservation Leaders 15 51.05 42.84 38.43 32.22 30.00 35.00 40.00 45.00 50.00 55.00 START PY1 PY4 CURRENT Energy Use Per Square Foot“” Case Study: Pinellas Schools, Clearwater, FL Superintendent Michael Grego 727.588.6011, super@pcsb.org Associate Superintendent, Operational Services Clinton Herbic 727.547.7167, herbicc@pcsb.org Pinellas County Schools has earned 264 ENERGY STAR®Building Certifications and the 2019, 2020 and 2021 ENERGY STAR Partner of the Year Award since beginning its Cenergistic partnership The partnership works because not only do we need to reduce the footprint environmentally but also the cost of maintaining our spaces at a comfortable temperature. It has truly been a great partnership between Cenergistic and our school district. —Dr. Michael A. Grego, Superintendent $37,022,258 Cumulative Savings 58 Program Months 37% Reduction in Energy Use per Square Foot (EUI) WWW.CENERGISTIC.COM Finance and Budget •No large Capital Outlay or Debt Service •Cost of the program is covered completely by the Utility savings •Total partnership, savings are split between Cenergistic and The City of Clearwater with all program cost to come out of Cenergistic’s portion •Transparency of savings through 3rd party Accounting / EnergyCap WWW.CENERGISTIC.COM Steve Jones Regional VP Client Relations 334.354.6140 1 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com Energy Savings Contract This energy savings contract (“contract”) is between the City of Clearwater (the “City”) and Cenergistic LLC (“Cenergistic”). This contract is subject to all applicable state and federal laws. Cenergistic® delivers customized, comprehensive people-driven energy conservation programs that focus on changing human behavior to help clients reduce their consumption of energy and water without any equipment upgrades. Implementation of these programs is guided by Cenergistic’s team of energy consultants - together representing several hundred years of energy conservation experience. Cenergistic’s clients can invest the financial savings that result in the lives of the people they serve, rather than in utility companies. Cenergistic guarantees the success of these programs as set out in paragraph 7 below. To date Cenergistic has served more than 1,450 clients in 48 states. The City is committed to its mission: "The mission of the City of Clearwater is to provide cost effective municipal services and infrastructure; facilitate development of the economy; and support a high quality of life and experience." The City uses electricity, gas, water and sewer (collectively “energy”) to fulfill its mission. The City selected Cenergistic based on Request for Proposal ("RFP") #15-20 and responses by Cenergistic to RFP #15-20. Cenergistic has offered to build and provide a customized energy conservation program that is focused on organizational and behavioral change and is designed with the following goals: • Save dollars that the City can reinvest in the people it serves; • Preserve a quality operating environment for the City’s facilities; • Conserve energy for a positive impact on the environment; and, • Increase awareness to empower energy users to be energy savers. Cenergistic will help the City pursue these goals through implementation of its energy conservation program. Central to the success of this program is the recognition of shared responsibility between Cenergistic and the City as the program is initiated and implemented. Cenergistic provides extensive resources, education and onsite training, action planning, and other conservation-related services, while the City works cooperatively to implement Cenergistic’s program. Shared responsibility also extends into the way Cenergistic is compensated for its services. With this in mind, Cenergistic is providing one or more energy specialists who will serve on-site to 2 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com lead and manage implementation of the energy conservation program and is offering a “performance fee” billing arrangement. This approach means the City will not have to spend any amounts for on-site management of the program and 100% of Cenergistic’s compensation is paid from the savings realized by the City. Cenergistic’s fee is contingent on the successful implementation of Cenergistic’s conservation program. As a part of this shared responsibility, Cenergistic offers a Fee Free Period during the first month to allow for acceleration of savings for the City before Performance Fee payments begin. In consideration of the mutual promises contained herein and other good and valuable consideration, the Parties agree that the above terms, recitals, and representations are true and accurate and are incorporated herein by reference, and the Parties further agree as follows: 1. Program. On _______________ (“Start Date”) Cenergistic shall begin its work on this contract to provide the City with a people-driven energy management program that is customized to enable the City to reduce consumption of energy (“Program”). 2. Energy Consultants. A Cenergistic team of energy consultants shall deliver the Program to the City as follows: • Through Cenergistic’s on-site and ongoing assessments of the City’s facilities and based on Cenergistic’s experience in having assessed thousands of client facilities, Cenergistic’s energy consultants shall deliver hundreds of recommendations that are specific to the City’s environment. • Cenergistic’s energy consultants shall guide and assist the City’s Program implementation following Cenergistic’s proven methodology, the Cenergistic energy management program. 3. Energy Specialist. (a) Onsite Assignment. Program implementation requires a daily focused effort in the City’s facilities and areas. One or more Cenergistic employed energy specialists (“energy specialist”), and the use of technology will be used to assist the City with making conservation a priority while positively engaging people to conserve energy. Cenergistic will adequately staff the Program for optimal success through a combination of an energy specialist, onsite engineer and energy expert visits, use of monitoring technology and remote support through our EMS and engineering group in Dallas. Cenergistic shall take immediate actions to identify and employ the energy specialist for this contract. The salary or contract expense for the energy specialist will be paid by Cenergistic. Cenergistic will be the employer of the energy specialist and is fully responsible for providing unemployment and workers compensation, payroll taxes, and insurance premiums (e.g. Medicare). In the event the Program is suspended for reasons set out in paragraphs 7(b) or 8(c) below, the City shall reimburse Cenergistic for the compensation of the energy specialist during the period of Program suspension. Cenergistic will not assign an energy specialist to the City that is unacceptable to the City (which acceptance shall not be unreasonably withheld). 3 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com (b) Duties. The primary duties of the energy specialist will be to spend time in the City’s facilities to identify savings opportunities and to work closely with the City’s staff to execute proven implementation strategies to change behavior linked to energy consumption. The effective management of energy information is also important for achieving positive results through accountability. For this the energy specialist will work to maintain energy consumption and other information related to energy use in the City’s facilities and areas. The energy specialist will use the EnergyCAP® energy accounting program from EnergyCAP, Inc. (“Third Party Software”). (c) Local Resources. Within 30 days after the Start Date, the City will provide Cenergistic personnel with office space, an office phone, internet access, email address, on- campus parking, building keys and alarm codes. Use of these resources is subject at all times to City policies and procedures. 4. Program Implementation. (a) Prompt Start. Upon completion of the Fee Free Period, the City will promptly begin and then continue to implement the Program. (b) Commitment and Communication. In Cenergistic’s experience, the success of the City’s Program implementation will be a function of the demonstrated commitment of the City Council, Mayor and other administrators, e.g. through timely communication of high level support for the Program. More specifically, no later than 60 days after the Start Date, the City Manager must adopt an appropriate policy and, no later than 30 days after the Start Date, the administration must adopt appropriate administrative guidelines reflecting the City’s commitment to the Program. Cenergistic shall provide templates together with support and assistance for the City in its review and adoption of policy and guidelines, however, the contents of the policies and guidelines are at the discretion of the City Council and the City administration, respectively. The City shall communicate these guidelines to its employees and on-site service providers, if any. Cenergistic will facilitate semi-annual progress reports for the City Council. The City will make its utility records available for review and copying on request of the energy specialist, Program Liaison or Cenergistic. (c) Software. (i) Cenergistic GreenX Software. The GreenX mobile and desktop application which is accessible over any browser-enabled device serves as the focal point for energy savings across your entire facilities portfolio. Our machine-learning anomaly detection algorithms provide transparency into the energy consumption profiles of your buildings and provides alerts and potential resolutions by combining building, equipment and sensor data with historical energy use, weather and other seasonal data. (“Cenergistic Software”) (ii) Third Party Software. The effective management of energy information is a first step to achieving positive results through accountability. Energy consumption will be accounted for by using the Third Party Software, with which Cenergistic’s energy consultants are knowledgeable and trained to provide support to the City. No later than 30 days after the Start Date, the City must license the Third Party Software program (and pay the licensing fees) from EnergyCAP, Inc. or, if later recommended by Cenergistic to its clients 4 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com (e.g. because EnergyCAP® ceased to be available), an alternative Third Party Software program. Data input and maintenance will be managed and controlled, at Cenergistic’s option, either by the Energy Specialist or at Cenergistic’s corporate office, with City access to review all data entry. (d) Program Liaison. Within thirty (30) days after the Start Date, Cenergistic and the City will discuss and collaborate on identifying one of the City’s senior-level business personnel to serve as the liaison and primary point of contact for the City on the Program (“Program Liaison”). The Program Liaison should be accessible and responsive to Cenergistic for communication and meetings and may not be someone (including any Successor Program Liaison) who is unacceptable to Cenergistic. Cenergistic will offer education and training for the Program Liaison (and any replacement Program Liaison) to effectively serve in the role, with an emphasis that will promote the Program Liaison’s role in reviewing all savings determinations. To assist in the education and training, at the next scheduled session after the Start Date, the Program Liaison shall attend, at Cenergistic’s expense, the EnergyCAP workshop provided by EnergyCAP Inc. in Dallas, TX. The Program Liaison may bring other City representatives to the EnergyCAP workshop, at City expense. In the event there is a replacement Program Liaison, after designation for that position, that person shall attend the next offered EnergyCAP workshop, at Cenergistic’s expense, in Dallas, TX. The Program Liaison position shall not be vacant for more than thirty (30) consecutive days during the Term of the contract. (e) Access, Authority and Control. Cenergistic personnel shall have access to the City’s systems controls, including the energy management systems (“EMS”), and the authority (in communication and coordination with other City personnel) to make changes so that facilities are not operated outside of the established policy and guidelines. The energy specialist needs the authority to: (1) program the EMS including changes in the temperature settings and run times of EMS controlled equipment (e.g. HVAC, heating and lighting systems), and (2) change settings and run times for each facility’s equipment and systems (e.g. lighting, time clocks and thermostats) that are not controlled by the EMS. The energy specialist will not have authority to make any changes that violate City established policy and guidelines and the City retains the right to suspend access of the energy specialist to the energy management systems (“EMS”) at any time. In the event of such a suspension the City will immediately inform Cenergistic of the suspension and the basis. The City shall provide such access and authority to Cenergistic within 30 days of the Start Date. In order to evaluate and track occupant comfort, within 30 days of the Start Date, the City will set up or expand its internal procedure to ensure that all comfort feedback is immediately routed to the energy specialist. This contract does not alter the City's exclusive right of control over its people and facilities and its pre-existing responsibility, if any, to provide reasonable premises safety. Cenergistic’s recommended energy conservation measures and changes implemented by the energy specialists shall comply with the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) Standard 55 for thermal comfort. The City and Cenergistic will work together to ensure that each site has an acceptable operating environment that is conducive to conducting the City’s business. 5 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com (f) No Third Party Interference. The City shall not allow any third party to interfere with the City’s Program implementation. 5. Savings Determination. (a) General. Energy savings are determined in accordance with the Measurement and Verification Plan (“M&V Plan”) attached hereto by comparing measured use before and after the start of Program implementation, with appropriate adjustments for changes in conditions that are independent of the Program. The simple formulaic expression is: Avoided Energy Use (or Savings) = Adjusted-Baseline Energy – Reporting-Period Energy ± Non- Routine Adjustments of baseline energy to reporting-period conditions The energy specialist shall use the Third Party Software to calculate the City’s savings by subtracting the energy actually used (i.e. consumption: kWh, BTUs, etc.) in each Performance Year (as defined below) from the use in the Base Year (as defined below), plus or minus any Adjustment Variables (as defined below), and applying the price (based on the blended rate to the City for each type of energy purchased by the City for all sources of energy except for solar which shall be valued as set out in paragraph 5(d)(iii) below) (“Savings”). The “Total Savings” means the Savings and any additional verifiable cost containment or avoidances resulting from the Program (e.g. utility refunds received as a result of a Program billing audit), in accordance with current industry-accepted valuation methodology. Savings reports shall be delivered to the Program Liaison for review and verification. The Program Liaison will work diligently to review reported Savings and will present any questions about the savings reports within five business days of receipt. Cenergistic’s projections of Total Savings when using the Program are based upon energy consumption and other data furnished by the City. (b) Baseline Period. A baseline period will be established as set out in the attached M&V Plan by Cenergistic and the energy specialist, in consultation with the Program Liaison. Unless modified as set out below, the Third Party Software will be used to establish a baseline period consisting of 12 consecutive months that precede the Start Date (“Base Year”). The City represents that the historical utility usage data and building information provided to Cenergistic for the purpose of savings projections is accurate. If it is later determined that either: 1) there is a variation between the data provided and the Base Year data of ± 5% or more or, 2) changes in the 12 months preceding the Start Date would cause those 12 months to not accurately reflect actual pre-program usage by the City (“variation”), Cenergistic may select as the Base Year an alternate 12-month period from the 36 months preceding the Start Date. For new construction, the energy specialist and Cenergistic, in consultation with the Program Liaison, will use detailed, calibrated simulation analysis to compile the Base Year. (c) Reporting Period. Each reporting period will be a 12 month period (“Performance Year”). The first Performance Year will begin after the Fee Free Period (as defined below) ends (“First Year”) and each Performance Year is consecutively named. The “Second Year” means the 12 month reporting period following the end of the First Year, the 6 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com “Third Year” follows the Second Year, and so on. Using the Third Party Software, Savings shall be calculated for each Performance Year in comparison to the Base Year. (d) Appropriate Adjustments. (i) Adjustments to the baseline shall be made in accordance with the M&V Plan to recognize that the operating environment changes in ways that impact energy use but are independent of the Program (e.g. the weather) and function simply to bring energy use for the two time periods to an equivalent set of conditions. (ii) The Third Party Software allows appropriate adjustments to the Base Year, using available data to account for the following factors occurring during the Performance Year that affect the energy used in facilities (“Adjustment Variables”): outside temperature; floor space; occupancy type or schedule; amount, type or use of equipment; number of days in the billing period; energy rates; and reasonably estimated energy loads added or reduced after Program implementation. (iii) The Third Party Software also allows other appropriate adjustments for a more accurate Savings calculation. If the City has experienced abnormal temperatures during the Base Year, a total of 36 months of billing information will be used to create a more accurate statistical model for the City. The City shall communicate the City’s energy conservation guidelines to its construction contractors and on-site management service providers, if any. Savings will be determined using either calibrated simulation or by making appropriate adjustments, as mutually agreed by the parties, in the event of any of the following: (a) the guidelines are not substantially followed by third party service providers; or b) there are equipment malfunctions that negatively impact program savings. Agreement concerning the calibrated simulation or appropriate adjustments will not be unreasonably withheld by either party. In the event solar electricity is implemented by the City, the parties agree to a process that recognizes net metered electric generation to exclude any solar production from the reported Third Party Software use and cost avoidance. Solar energy produced (that was consumed by the building) is tracked in the Third Party Software to allow for the total energy consumption comparisons. All savings reported in the cost avoidance reports shall be from energy purchased from the grid (metered electricity) so it will be valued at the grid average unit cost (as “average unit cost” is defined in this contract and Measurement and Verification Plan). (iv) The data will continue to be reviewed for accuracy during the term of the Contract. In the event there are inaccuracies in the data or there are data entry errors (i.e. information not known at the time, incorrect meter reading or data entered into the Third Party Software incorrectly), the data may be updated to correct such errors that occurred during the twelve (12) months immediately preceding the latest monthly billing statement. Data prior to the twelve (12) months immediately preceding the latest monthly billing statement will be deemed to be accurate by the parties. (e) Third Party Contractor. The parties agree that Cenergistic may utilize the services of a third party contractor to (1) automatically retrieve utility bill data from both online and offline sources by, among other things, accessing utility vendor websites, OCR of scanned 7 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com copies of bills or reading from machine readable files, (2) import the data into the Third Party Software, and (3) utilize the service of other third party contractors. The City (1) consents to allowing access to utility bills by such third party contractor and (2) agrees to reasonably cooperate with such third party contractor, with assistance as necessary from Cenergistic, to enable the third party contractor to have and maintain access to (including online) to the City’s utility bills. 6. Term. This contract shall be for a term beginning on the Start Date and ending on the due date for the Performance Fee payment for the last month of the Fifth Year (“Term”). 7. Fee Free Period and Fees. (a) Fee Free Period. The Fee Free Period shall begin on the Start Date and end one month after the Start Date, or on such later date as determined by Cenergistic (“Fee Free Period”). (b) Performance Fee. Cenergistic’s Performance Fees are based on the Total Savings the Program achieves during the first five Performance Years (for a total of sixty Performance Fee payments, hereinafter, “Fee Period”). For each month during the Fee Period, the City shall pay Cenergistic a fee in an amount equal to 50% multiplied by the Total Savings for that month (“Performance Fees”). For internal accounting purposes, Cenergistic will allocate 25% of the Performance Fees as the value of the Cenergistic Software. The Performance Fees will be invoiced beginning the 1st day of the month following the Fee Free Period (or as soon thereafter as the data is available to calculate the Total Savings for that month), and shall continue being invoiced on the 1st day of each succeeding month until all sixty (60) Performance Fees have been paid. Cenergistic shall submit a Performance Fees billing statement to the City for each month during the Fee Period. Payment is due no later than 30 days after the City receives the billing statement. Failure to pay the billing statement within 60 days after it is due, at Cenergistic’s option, shall result in the Program being suspended (including, without limitation, the suspension of consultant and energy specialist participation in the Program). Savings shall continue to accrue during any suspension for failure to pay the billing statement. A valid request or need for an adjustment to a billing statement shall not be good cause for failure to pay a given billing statement; any appropriate adjustments shall be made to subsequent billing statements. (c) Billing Audit Contingent Fees. In addition to any Performance Fees, the City shall pay Cenergistic a fee in an amount equal to 50% multiplied by the amount of any refund or credit that the City receives from a third party provider of energy as a result of a Program billing audit (“Billing Audit Contingent Fees”). Any such credit or refund received during the Fee Period shall be payable according to paragraph 7(b). (d) Additional Facilities; Water. The City facilities not included in this contract are listed in Exhibit A, attached hereto and incorporated herein by reference. In the event any City facilities excluded from this contract are to be included as part of the Program at a later time, or the City builds, acquires, contracts with, or otherwise becomes responsible for additional facilities (“additional facilities”), such additional facilities will be included and become part of the Program pursuant to this Contract for all purposes (specifically including the payment of fees as 8 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com set out in this Contract). Water used by the City is not included in this contract and is therefore not a part of the Program. The parties agree to consider water for inclusion in this contract and the Program on each anniversary of the Start Date. If the parties mutually agree to add water, then water used by the City will be added to this contract and to the Program. If the City is requested by another city (“requesting city”) to allow the energy specialist to provide energy management support, the City agrees to not share, utilize, or include the Program (including the use or services of the energy specialist trained by Cenergistic) to any extent, in any facilities in the requesting city without Cenergistic’s express written consent and payment of additional fees as mutually agreed. (e) Savings Guarantee. Cenergistic’s commitment to the quality of the Program is evidenced by Cenergistic’s Savings Guarantee (as defined below). Cenergistic shall reimburse the City for the difference if the City’s Costs (as defined below) exceed its Total Savings, computed from the Start Date to the end of any Performance Year during the Term (“Savings Guarantee”). Due to the cumulative nature of the Savings Guarantee it is necessary to specify that Cenergistic shall not make reimbursement for amounts that Cenergistic has already paid or reimbursed for a prior Performance Year. To be eligible for the Savings Guarantee the City must have substantially implemented the Program. The “City’s Costs” means the total amounts paid for initial and renewal costs of the Third Party Software, and the Performance Fees. Cenergistic shall pay the City a required reimbursement no later than 90 days after the results for the prior Performance Year have been finalized by Cenergistic and the energy specialist. If Cenergistic fails to make a required reimbursement, the City may terminate this contract without payment of a Work Fee and recover the amount of the required reimbursement from Cenergistic. 8. Termination for Convenience or Lack of Substantial Implementation. (a) Termination for Convenience by City. As provided in this contract Cenergistic anticipates a long- term relationship and remains committed to the City through the Term and beyond. However, the City may terminate this contract for any reason and without cause as provided in this paragraph. Also, Cenergistic may terminate this contract in the event that even after notice and an opportunity to remedy the City is not substantially implementing the Program (as defined below). In either instance, the City must pay a Work Fee to compensate Cenergistic for its Intellectual Property, the work performed by Cenergistic and for the benefits received by the City (and not as a penalty) (“Work Fee”), with the calculation based upon the date of termination, as follows: Contract Start Date through the end of Performance Year One a. Payment for the value of Cenergistic’s Intellectual Property and the continuing benefits of the program after termination: in the amount of $170,100 which represents 15% of Projected Performance Year One Total Gross 9 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com Savings per the Cenergistic matrix; plus b. $700 per day, for each Cenergistic employee on-site from Start Date through the termination date to cover costs including overhead. Employee as used herein includes the Energy Specialist and consultants that are present to provide services, training, and support for the Program but does not include marketing or corporate office staff. Performance Years Two through Four An amount equal to the preceding twelve months’ Performance Fees Performance Year Five The lesser of: (a). the remaining projected fees for Performance Year 5 per the Cenergistic matrix; or, (b). an amount equal to the preceding four months Performance Fees (b) To validly exercise its right to terminate during the Term for any reason and without cause (including if there is no appropriation of funding or for any other termination that is not based on Cenergistic’s failure to perform its material obligations under this contract) (a “Termination for Convenience”), the City shall provide Cenergistic with at least 60 days prior written notice and shall promptly pay Cenergistic (1) a Work Fee, plus (2) an amount equal to the unpaid Monthly Performance Fees and Billing Audit Contingent Fees, if any, but only through the termination effective date. The City’s right to terminate for convenience does not limit the rights and remedies of the City. More specifically, if Cenergistic fails to perform its material obligations under this contract, the City’s legal rights and remedies are not limited by the terms of this paragraph. If the City contends Cenergistic has committed a material breach of the contract, the City will provide written notice to Cenergistic specifically describing the breach and giving Cenergistic a reasonable opportunity and time (not less than 30 days) to cure the claimed breach before taking other action. If the material breach is not remedied by Cenergistic following the notice as set out above, the City may terminate this contract without any obligation to pay a Work Fee. (c) Substantial Implementation. If Cenergistic reasonably determines that the City is not substantially implementing the Program, Cenergistic shall give the City written notice of its determination (including specific details supporting Cenergistic’s determination and specific recommendations for appropriate City action) and, at Cenergistic’s discretion, the Performance Year and payment of the Performance Fees shall be suspended until the City is substantially implementing the Program. The City shall act within a reasonable time to cure such failure, with 10 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com curative steps being taken within sixty (60) days after receipt of the written notice referenced above. If the parties are unable to agree on whether the City is substantially implementing the Program, the parties agree to meet to resolve the differences as set out in paragraph 12(c) below. “Substantial implementation of the Program” does not require the City to have implemented the Program in every detail. To “substantially implement” the Program means that the process of implementation is material to the extent that the program functions as intended, consistent with the administrative guidelines as adopted by the City and overall goals of the Program. It requires that the Program has been implemented in its material elements, or almost fully implemented. Without limiting the foregoing, the following shall be a lack of substantial implementation for purposes of this paragraph: (i) failure to pay a billing statement within 90 days from the due date; (ii) failure to approve the administrative guidelines within 60 days of the start date; or, (iii) if the City directs Cenergistic to stop work for reasons other than a material breach of this contract and such notice is not withdrawn within sixty (60) days after initial delivery to Cenergistic. For purposes of determining savings, savings shall continue to accrue through any suspension period. If Cenergistic reasonably determines the City continues to fail or refuse to substantially implement the Program following such notice and opportunity to remedy, (including the opportunity to follow the dispute resolution process set forth in Paragraph 12(c) below), then Cenergistic may exercise this right to terminate during the Term on written notice and the City shall promptly pay Cenergistic: (1) a Work Fee as calculated according to this paragraph 8 above, plus (2) an amount equal to the unpaid Performance Fees and Billing Audit Contingent Fees, if any, but only through the termination effective date. (d) Termination for Convenience by Cenergistic. In the event Cenergistic determines there are unanticipated factors or changes that occur during the Term that make continuation of the Program unsustainable, upon giving the City sixty (60) days prior written notice, Cenergistic shall have the right to terminate this contract without any payment or other obligation. In such event, the City will be entitled to retain all residual savings after the date of termination from the Program without payment of Performance Fees for such period and shall not be required to pay a Work Fee. Unanticipated factors or changes shall include, without limitation, the following: unusual building or operational conditions, equipment defects, inability to hire and/or retain a qualified energy specialist, or other factors not in Cenergistic’s control that would materially and negatively impact savings or savings potential. 9. Termination Event. Upon termination of this contract or discontinuation of the Program at the end of the Fee Period the City shall promptly: (a) return to Cenergistic all materials and Proprietary Information previously furnished by Cenergistic or accumulated by the City in connection with the Program, including all copies thereof; (b) return or allow the removal by Cenergistic of any monitoring or sensor devices installed by Cenergistic or at any time upon Cenergistic request; and (c) cease using the Proprietary Information and implementing the Program. Notwithstanding the foregoing, the City is not prohibited from: (i) using energy conservation information that is in the public domain or is obtained from sources other than 11 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com Cenergistic, or (ii) hiring a person (other than an energy specialist trained by Cenergistic) to assist with monitoring energy use or consumption. 10. Proprietary Program and Information. (a) Proprietary Information. The City will have access to and use of (1) Cenergistic’s energy management program, (2) materials that are copyrighted, trade secrets and other information that is proprietary to Cenergistic, and (3) the Cenergistic Software, including both browser based and mobile versions, upon acceptance of the Terms of Services which are hereby incorporated by reference, as the same may be developed and released by Cenergistic from time to time during the term of this Contract pursuant to a nonexclusive, nontransferable license to use Cenergistic Software. Items (1) through (3) along with all database files created using the Third Party Software are collectively referred to as “Proprietary Information”. (b) Limitations on Use; Confidentiality. The City hereby agrees that Cenergistic is the owner of all right, title and interest in and to the Proprietary Information. The City agrees that nothing contained in this Agreement shall be construed as granting any ownership right to the City in any Proprietary Information, or to any invention or any patent, copyright, trademark, or other intellectual property right. The City shall not make, have made, use or sell for any purpose, any product or process using, incorporating or derived from any Proprietary Information. The City shall not copy, modify, reverse engineer, decompile, create other works from, or disassemble any software programs contained in the Proprietary Information. The City agrees that an invention or work created by the City or any of its personnel based on or incorporating any of the Proprietary Information shall be owned exclusively by Cenergistic. The City agrees that the Proprietary Information (including all copies) continues to be Cenergistic’s property and should be kept confidential to the full extent permitted by law. The City agrees not to challenge, or assist any third-party in challenging, Cenergistic’s ownership rights in the Proprietary Information, and in any invention, patent, copyright, trademark, or other intellectual property right. The City agrees that the Proprietary Information, including but not limited to the patents and copyrights of Cenergistic, are valid and enforceable. The City shall not challenge the validity or enforceability of any patent, trademark or copyright owned by Cenergistic in any court, at the Patent and Trademark Office, or in any other forum or before any arbitrator. The City shall give Cenergistic written notice and an opportunity to respond if the City receives a third-party request for Proprietary Information. The City shall not disclose the Proprietary Information to any unauthorized person or use it outside of the City or this contract. The City shall assist Cenergistic in the protection of the Proprietary Information and shall execute all documents reasonably necessary to vest and perfect title to the Proprietary Information in Cenergistic upon written request. The City’s obligations under this paragraph survive termination of this contract. City hereby agrees that breach of this subparagraph will cause Cenergistic irreparable harm for which recovery of money damages would be inadequate, and that Cenergistic shall therefore be entitled to obtain immediate and permanent injunctive relief, without the necessity of posting bond, as well as such further relief as may be granted by a court of competent jurisdiction. 12 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com (c) Non-Solicitation. While under contract with Cenergistic and for a period of two years following the termination of this contract, the City will not solicit, hire or retain any Cenergistic employees or contractors for employment or other work at or for the City. 11. Intentionally Left Blank. 12. Miscellaneous. (a) This contract constitutes the entire agreement of the parties with respect to the subject matter of this contract. This contract supersedes the parties’ prior communications, requests, responses, proposals, offers and agreements, if any. This contract may be modified only by a writing signed by the parties. Invalidity or unenforceability of one or more provisions of this contract shall not affect any other provision of this contract. (b) The Parties agree that if any dispute, controversy or claim cannot be settled through good faith efforts outlined in the paragraph below then it shall be settled by a court with competent jurisdiction. The laws of the State of Florida shall govern this contract, and the parties designate Pinellas County Florida to be the proper jurisdiction and venue for any suit or action arising out of this contract. (c) Dispute Resolution. Open communication and cooperation of the parties is vital to the success of the Program and to the settlement of disputes if they arise. If a dispute persists, either party may suggest an executive meeting for review and resolution. The party suggesting the meeting should identify the issues in dispute and coordinate a face-to-face meeting at the City to review the issues and solution options. The executive officer for each party who has full authority to discuss the issues and commit to effective solutions shall attend and participate in the meeting. Also, those persons with firsthand knowledge of the issues must be available for the meeting. No dispute under this contract shall be subject to litigation proceedings prior to completing the meeting, except for an action to seek injunctive relief. (d) Counterparts. A signed copy of this Contract delivered by facsimile, e-mail or other means of Electronic Transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Contract. (e) This contract may not be assigned either in whole or in part without first receiving the City’s written consent, which consent shall not be unreasonably withheld. Any 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 this contract without payment of the Work Fee. (f) Cenergistic represents and warrants that it does not illegally 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. Cenergistic and its 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 contract. 13 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com (g) Cenergistic and its subcontractors shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. Cenergistic will not enter into a contract with any subcontractor unless each party to the contract registers with and uses the E-Verify system. Subcontractor must provide Cenergistic with an affidavit stating that subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Cenergistic shall maintain a copy of such affidavit. The City may terminate this contract for any violation of this subsection (g) provided such violation continues to exist after City’s written notice of such violation to Cenergistic and an opportunity of not less than thirty (30) days to cure. See Section 448.095, Florida Statutes (2020). 13. Public Records. To the extent applicable, Cenergistic (hereinafter “contractor” in this section) will be required to comply with Section 119.0701, Florida Statutes, as may be amended from time to time, 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 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. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 727-562-4092, 14 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. 14. Insurance Requirements. Insurance Requirements are set forth in Exhibit B, which is incorporated by reference and attached hereto. 15. Independent Contractor. It is expressly understood that the relationship of Cenergistic to the City will be that of an independent contractor. Cenergistic and all persons employed by Cenergistic, either directly or indirectly, are Cenergistic’s employees, not City employees. Accordingly, Cenergistic and Cenergistic’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. Cenergistic employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Cenergistic employees or subcontractors assert a claim for wages or other employment benefits against the City, Cenergistic will defend, indemnify and hold harmless the City from all such claims. 16. Indemnity. To the fullest extent permitted by law, Cenergistic 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, to the extent and only to the extent relating to, arising out of, or resulting from: any negligent acts, errors, mistakes or omissions by Cenergistic and specifically excluding those arising from the negligent acts, errors, mistakes or omissions by City or a third party. Nothing contained herein is intended to serve as a waiver by the City of its sovereign immunity, to extend the liability of the City beyond the limits set forth in Section 768.28, Florida Statutes, or be construed as consent by the City to the sued by third parties. 15 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com Each party is signing this contract on the date stated under that party’s signature. CITY OF CLEARWATER CENERGISTIC LLC By:______________________________ By:__________________________ Name:___________________________ Name: John Bernard Title:____________________________ Title: President Date:____________________________ Date: December 2, 2021 Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ ________________________________ Frank V. Hibbard Jon P. Jennings Mayor City Manager Date: ______________________ Approved as to form: Attest: ___________________________ ________________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk City of Clearwater, FL - K12 TK CONTRACT v.11 120621 16 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com MEASUREMENT AND VERIFICATION PLAN This Measurement & Verification Plan (“M&V Plan”) is prepared for City of Clearwater (the “Organization”) by Cenergistic and is agreed to by the parties as the M&V plan in accordance with the protocols of the International Performance Measurement and Verification Protocol (“IPMVP”) for the energy program delivered by Cenergistic pursuant to the contract with a Start Date of __________________________. This M&V Plan is prepared in accordance with Section 7 of IPMVP Core Concepts (EVO 10000- 1:2016). The IPMVP guideline, developed and maintained by the nonprofit Efficiency Valuation Organization (see www.EVO-World.org), is the most current and widely-recognized guideline promulgated by a non-profit and impartial source. The IPMVP is the product of an international consortium of volunteers working together to promote standardized methods for the correct valuation of energy efficiencies. IPMVP includes guidance for many types of energy management initiatives and circumstances; not all guidance is applicable in all cases. The purpose of this M&V Plan is to document how the M&V guidance contained within IPMVP will be specifically applied to this contract. In cases of variance between specific provisions of IPMVP and this M&V Plan, this Plan takes precedence. 1. Facility and Project Overview Cenergistic energy programs are people driven programs that include multiple facilities and conservation steps. The program scope and list of measures are described within the contract. 2. ECM Intent The energy conservation measures (“ECMs”) reduce electricity, gas, water and other energy usage and cost, depending on the specific facility. Many varied ECMs will be used to achieve the savings. The expected savings will be an amount in excess of the cost of the program in accordance with the Savings Guarantee. ECMs will be operational in nature (not equipment, facility or hardware retrofits) and are generally categorized as turning off energy-using systems when not necessary, setting back energy-using systems when possible, and improving efficiency of energy-using systems when in use. Space conditions, during both occupied and unoccupied periods, will change as necessary to comply with the organization’s published energy policy and administration guidelines. 3. Selected IPMVP Option and Measurement Boundary IPMVP Option C (Whole Facility) will be used for savings determination because it is the most appropriate M&V method for total facility energy reduction when all energy-using systems are affected and ECMs cannot be isolated, submetered or simulated by computer model. Option C was also chosen because many ECMs will be involved, and some of them cannot be directly measured. Utility meters for electricity, gas, water and sewer will be included in the savings M&V for the organization. Together, these meters will account for all energy use by each facility. The total savings is the sum of savings for each facility. The measurement boundary includes all facilities and infrastructure owned and leased by the Organization except as specifically 17 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com excluded by the contract. In the event metering equipment is determined to be unreliable, unavailable, or does not measure the effect of the ECM, Option A (Retrofit-isolation: Key Parameter Measurement), Option B (Retrofit Isolation: All Parameter Measurement) or Option D (Calibrated Simulation), will be used. 4. Baseline: Period, Energy and Conditions Using the Third Party Software (as defined in the contract, hereinafter “Third Party Software”), a baseline period shall be established for each meter consisting of 12 consecutive months (or 24 consecutive months when conditions warrant an expanded baseline) that precede the energy program Start Date. Normally this will be the 12 months immediately prior to start date, but under circumstances described in the contract, an alternate period (up to 24 months) may be chosen. The baseline data for each meter will be defined and available in the M&V Third Party Software upon import and preparation of the data for each meter & facility. The Third Party Software also includes static factors such as weather and building size. Included in the baseline data will be an identification of the baseline period, baseline energy consumption and demand data, other independent and relevant variable data, and other static factors (i.e. occupancy type, building information such as square footage, etc.). Other baseline data may be included and/or supplemented as agreed by the parties. Local weather data will be obtained from a nationally-recognized service. 5. Reporting Period Each reporting period will be a 12 month period called a “Performance Year”. The Performance Year begins according to the terms of the contract. 6. Basis for Adjustment Energy savings are determined by comparing measured use before and after the start of Program implementation, after making appropriate adjustments for changes in conditions that are independent of the Program. Since savings are to be reported as “cost avoidance”, under reporting period conditions, the IPMVP equation for reporting period savings will be used. This method quantifies how savings in a given reporting period is determined, relative to what energy use would have been without the ECMs in place, consider routine and non-routine adjustments and is expressed as: Avoided Energy Use (or Savings) = Adjusted-Baseline Energy – Reporting-Period Energy ± Non-Routine Adjustments of baseline energy to reporting-period conditions In addition, savings may be accrued due to one-time actions such as identification of utility billing errors leading to refunds, rebates, rate changes, and other measures that do not reduce energy usage but do reduce Organization’s out of pocket utility costs. 7. Calculation Methodology and Analysis Procedure The Third Party Software performs the cost avoidance calculation and analysis procedure. The Third Party Software allows appropriate routine and non-routine adjustments to the baseline period, using available data to account for the following factors occurring during the reporting period that affect the energy used in facilities: number of days in the billing period, energy unit cost, and reasonably 18 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com estimated energy loads added or reduced after Program implementation due to such factors as outside temperature; floor space; occupancy type or schedule; amount, type or use of equipment; facility construction/renovation; and energy management hardware retrofits installed under unrelated projects. Specific cost avoidance analysis algorithms used by the Third Party Software are extensively documented and can be furnished upon request. The Third Party Software also allows other appropriate adjustments for a more accurate Savings calculation. If the organization has experienced abnormal temperatures during the baseline period, a total of 36 months of billing information can be used to create a more representative statistical weather model. Savings will be determined using either calibrated simulation or by making appropriate adjustments, as mutually agreed by the parties, in the event of any of the following: (a) the organization’s energy conservation guidelines are not substantially followed by its construction contractors or on-site management service providers, if any, (b) the City chooses not to substantially implement Cenergistic’s water conservation recommendations; or, (c) there are equipment malfunctions that can negatively impact program savings. The Third Party Software adheres to the IPMVP guidelines. IPMVP is not exhaustive in its guidance; in some situations engineering judgment must be used. Calculations are supervised by licensed Professional Engineers, Certified Measurement and Verification Professionals and Certified Energy Managers. 8. Energy Prices Reporting of cost avoidance will value the energy use avoided at the then- current unit cost for each meter, each period. Prices will be calculated by the Third Party Software for each month. The price applied for each utility (except solar) is the realized price, based on the blended rate to the Organization for each type of energy purchased by the organization, taking into account consumption and all charges from the utility provider. In the event solar electricity is implemented by the Organization, the parties agree to a process that recognizes net metered electric generation to exclude any solar production sold back to the grid from the reported EnergyCAP use and cost avoidance. Solar energy produced (that was consumed by the building) is tracked in EnergyCAP to allow for the total energy consumption comparisons. All savings reported in the cost avoidance reports shall be from energy purchased from the grid (metered electricity) so it will be valued at the grid average unit cost (as “average unit cost” is defined in this contract and Measurement and Verification Plan). 9. Meter Specifications Utility grade meters used for billing are the only meters used. Exception: For bulk fuel stored in tanks, manual measurements recorded by the organization or by the provider may be used. In master-metered campus situations, submeters may be necessary for accurate identification of building by building energy usage. 10. Monitoring responsibilities Energy data from utility bills will be recorded in the Third Party Software as set out in the contract. The Third Party Software captures weather information necessary for calculating and applying adjustments. Changes to the baseline conditions, such as facility size, occupancy or equipment changes, will be documented in the Third Party 19 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com Software. Responsibility for collection, entry, calculation and accuracy of the data in the Third Party Software is the responsibility of the Energy Specialist(s) under the supervision of Cenergistic. 11. Expected Accuracy The accuracy of data capture of the utility billing data and entry of that data into the Third Party Software is expected to be verified 100% (± 2%) via reports that reconcile data with utility bill accounts payable to ensure the quality of the data entered, to ensure consistency with previous billing, elimination of gaps or duplicate entries, and reasonable protection against user errors in data entry. Statistical accuracy of the Third Party Software’s routine weather adjustment process uses industry-standard linear regression techniques and is evaluated on a meter-by-meter basis. Data analysis does not involve sampling since the actual data, as entered into the Third Party Software, is used for any savings calculations. The accuracy of the Third Party Software’s calculations has been validated empirically against the Department of Energy’s ENERGY STAR program, which benchmarks buildings’ performance. The calculations of the Third Party Software are consistent with ENERGY STAR results in determining increase in building energy utilization index (EUI – Energy usage per square foot per year). 12. Budget The cost of M&V includes the Third Party Software cost, as defined in the contract, plus a portion of the Energy Specialist’s time. The Third Party Software cost is defined in the contract. More time will be required early in the energy program by the Energy Specialist as the baselines are determined and the Energy Specialist becomes familiar with the Third Party Software and the process for entering data and determining savings. Once the utility bills have been entered, the baseline has been determined and the Energy Specialist has become familiar with the Third Party Software and the process, subsequently, the savings determination process and its review with operating and administrative staff is expected to require approximately 5% of an Energy Specialist’s time, across all meters and facilities for the organization. 13. Report Format Cost avoidance will be calculated on a monthly basis as set out in the contract. M&V and cost avoidance reports will be prepared and provided at least semi- annually to the organization. Cost avoidance calculations will commence with a formal data release occurring approximately five months after the Energy Specialist is in place. Cost avoidance reports will include results from the Third Party Software and show energy as well as expenditure savings versus the baseline. Cost avoidance reports have different formats for different audiences, but in general show usage and cost for: baseline actual, baseline adjusted to reporting period conditions, reporting period actual, and calculated cost avoidance (adjusted baseline minus reporting period actual). 14. Quality Assurance Cenergistic quality assurance procedures and testing principles are applied to the baseline and performance data at the beginning of each program and periodically throughout the term of the contract. Testing includes, but is not limited to a review of the baseline for compliance with contractual terms including M&V Plan, testing of baseline data for reasonableness, accuracy and completeness, substantive sampling techniques for 20 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com Third Party Software bill entry data correctness, Third Party Software settings and standard and special adjustments appropriateness and correctness. The parties agree this M&V plan will be modified as mutually agreed to reflect changes that occur or additional data that may be obtained. This M&V plan has been developed for City of Clearwater. 21 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com EXHIBIT A CITY FACILITIES EXCLUDED FROM THIS CONTRACT All Public Utilities facilities and operations except administrative facilities. Clearwater Gas Systems as it relates to the distribution of natural gas to its residential, commercial, and industrial customers Notwithstanding any exclusions listed in the Contract or exhibits thereto (including but not limited to those exclusions set forth above), all heating, ventilating and air conditioning (HVAC) equipment is included in the Program and in the Contract. Any facility owned by the City, operated by a third party, and the third party is responsible for the payment of any utilities. Any facility not owned by the City, operated by the City, and the payment of any utilities is paid by the facility owner. This Exhibit A may be amended by mutual written agreement by the City Manager and Cenergistic, without City Council approval. 22 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com EXHIBIT B INSURANCE REQUIREMENTS. Cenergistic (hereinafter “CONTRACTOR” in this Exhibit B) shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the CONTRACTOR’S deductible or self-insured retention and to require that it be reduced or eliminated. Specifically, the CONTRACTOR must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement. Specific work may require additional coverage on a case by case basis: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. If the CONTRACTOR is using its own property, or the property of the City or other provider, in connection with the performance of its obligations under this Agreement, then CONTRACTOR’S Equipment Insurance or Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. 23 5950 Sherry Lane, Suite 900, Dallas Texas 75225 P: 214.346.5950 F: 214.346.5951 www.cenergistic.com 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. 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: Purchasing, RFQ #15-20 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. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-10043 Agenda Date: 12/13/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Accept the 2021 Local Housing Incentive Strategy (LHIS) Report developed by the Affordable Housing Advisory Committee (AHAC). (APH) SUMMARY: Florida Statute Section 420.9076 states that counties and cities receiving State Housing Initiatives Partnership (SHIP) program funds are required to appoint an Affordable Housing Advisory Committee (AHAC) comprised of eight to eleven members. The statute further provides that the committee be made up of members from a specific industry or a specific group as identified in the statute. The requirement was largely met through the use of the City’s existing seven-member Neighborhood and Affordable Housing Advisory Board (NAHAB). City staff recommended Council appoint four additional committee members. The City Council adopted Resolution No. 21-30 that created and appointed the 2021 AHAC. The duties of the AHAC include reviewing policies and procedures, ordinances, land development regulations and the City’s adopted comprehensive plan, and recommending specific actions or initiatives to encourage or facilitate affordable housing. Per state statute, at a minimum, the AHAC reviewed and made recommendations on the following: (a)The processing of approvals of development orders or permits, as defined in F.S.163.3164 (7) and (8), for affordable housing projects is expedited to a greater degree than other projects. (b)The modification of impact-fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. (c)The allowance of flexibility in densities for affordable housing. (d)The reservation of infrastructure capacity or housing for very low-income persons, low-income persons, and moderate-income persons. (e)The allowance of affordable accessory residential units in residential zoning districts. (f)The reduction of parking and setback requirements for affordable housing. (g)The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing. (h)The modification of street requirements for affordable housing. (i)The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. (j)The preparation of a printed inventory of locally owned public lands suitable for affordable housing. (k)The support of development near transportation hubs and major employment centers Page 1 City of Clearwater Printed on 12/10/2021 File Number: ID#21-10043 and mixed-use developments. Throughout the fall of 2021, Economic Development and Housing Department staff, through coordination with Planning and Development Department staff, facilitated discussion at three meetings of the AHAC. The meetings centered around reviewing the 2020 LHIS to discuss any changes that should be made as well as to consider new strategies to incentivize development of affordable housing. The LHIS encompasses the definition, vision, strategic focus areas and incentive recommendations in order to facilitate the development and preservation of affordable housing in the City of Clearwater. The AHAC convened on three separate occasions to develop and identify the value of affordable housing, identify the principles for Clearwater’s affordable housing, and develop/confirm a vision statement to be included as part of the LHIS. The AHAC members focused on the values that affordable housing brings to the City of Clearwater and recommended the continuation, with slight modifications in some cases, of recommendations made by prior AHAC committees. The committee focused particularly on two areas of revised strategies and two new strategies. Revised Strategies: ·The processing of approvals of development orders or permits, as defined in F.S.163.3164 (7) and (8), for affordable housing projects is expedited to a greater degree than other projects. o Continue to use the “Request for Expedited Permit Processing for Affordable Housing Activity” form to fast-track affordable housing projects. Projects submitted with this form will receive first priority during the permit review process. Continue to strive to complete reviews of single-family permit reviews within four days of the initial submittal and within three days of all subsequent submittals. o Encourage affordable housing developers of single-family homes to submit frequently used template plans for pre-screening by the Building Official to further expedite the staff permit review process. ·The modification of impact-fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing o Continue to assess the financial, legal, and administrative feasibility of reducing, refunding, or redefining (by unit size) the costs of impact fees and/or permitting fees related to the development of affordable housing. o The Planning & Development Department will recommend amending the Schedule of Fees Rates and Charges ordinance to provide for a reduction in the Plan Review and Permit Fees for single-family homes. o Coordinate with the Parks and Recreation Department in the development of a new Parks & Recreation impact fee structure to identify opportunities to reduce or waive impact fees for affordable housing. o The Economic Development & Housing Department will develop a policy to assist with the payment of Plan Review and Permit Fees and impact fees utilizing state and federal funds designated for affordable housing. New Strategies: ·Develop a new policy/procedure for disposition of city owned lots. Consider including energy efficient items into the scoring matrix to support environmentally friendly development in partnership with the Greenprint 2.0 timeline. ·Evaluate the feasibility of reducing/paying code violation liens on lots suitable for affordable housing development. Page 2 City of Clearwater Printed on 12/10/2021 File Number: ID#21-10043 The LHIS report has been due every three years on December 31st of the year preceding the submission of the Local Housing Assistance Plan (LHAP). Changes to Florida Statute now require the AHAC to convene, and the LHIS report to be updated, annually. The report must be submitted to the Florida Housing Finance Corporation by December 31, 2021. This year’s LHIS update includes recommendations that were approved by the AHAC on December 14, 2021. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 3 City of Clearwater Printed on 12/10/2021 2021 Prepared by: Affordable Housing Advisory Committee Economic Development & Housing Department FINAL – ____________ Local Housing Incentive Strategies Update City of Clearwater Local Housing Incentive Strategies | 1 Economic Development & Housing Department Affordable Housing Advisory Committee Report to City Council SHIP Affordable Housing Incentive Strategies Final ___________________________________ PREPARED BY: Affordable Housing Advisory Committee/ City of Clearwater Economic Development & Housing Department TO BE SUBMITTED TO: Florida Housing Finance Corporation Table of Contents I. BACKGROUND ....................................................................................................................................... 3 1.1 The City of Clearwater .........................................................................................................3 1.2 The Affordable Housing Advisory Committee .......................................................................3 1.2.1 Committee Composition ....................................................................................................... 4 1.3 Process to Develop the Local Housing Incentive Strategies ...................................................5 II. LOCAL HOUSING INCENTIVE STRATEGIES ............................................................................................. 6 2.1 Affordable Housing Incentives .............................................................................................6 2.1.1 Expedited Review Process..................................................................................................... 8 2.1.2 Modification of Fees ........................................................................................................... 11 2.1.3 Flexible Densities ................................................................................................................ 14 2.1.4 Infrastructure Capacity ....................................................................................................... 16 2.1.5 Accessory Dwelling Units .................................................................................................... 17 2.1.6 Parking Reductions.............................................................................................................. 19 2.1.7 Flexible Lot Configurations.................................................................................................. 21 2.1.8 Modification of Street Requirements ................................................................................. 23 2.1.9 Pre-Adoption Policy Consideration ..................................................................................... 24 2.1.10 Inventory of Public Lands .................................................................................................... 25 2.1.11 Proximity to Transportation, Employment & Mixed-Use Development ............................ 28 2.2 Additional Incentives ......................................................................................................... 30 2.2.1 Adaptive Reuse ................................................................................................................... 30 2.2.2 Land Development Code ..................................................................................................... 31 2.2.3 Communication and Marketing of Affordable Housing ...................................................... 32 2.2.4 Financing ............................................................................................................................. 34 2.2.5 Partnerships ........................................................................................................................ 35 APPENDIX A: City of Clearwater Resolutions APPENDIX B: Affordable Housing in Clearwater APPENDIX C: Values, Principles and Vision APPENDIX D: Advisory Committee Meeting Summaries APPENDIX E: Summary of AHAC Recommendations I. BACKGROUND 1.1 The City of Clearwater The City of Clearwater is approximately 26 square miles in size and located in Pinellas County on the west coast of Florida along the Gulf of Mexico and Tampa Bay. Clearwater is the county seat of Pinellas County and shares boundaries with the municipalities of Largo, Dunedin, Safety Harbor, Belleair Beach and the Town of Belleair. Along with the cities of St. Petersburg and Tampa, Clearwater is one of the most urbanized areas within the Tampa Bay Region. According to the most recent decennial U.S. Census, the City of Clearwater had a population of 107,685 in 2010. Estimates from the University of Florida Bureau of Economic and Business Research (BEBR) for 2020 indicate that the City’s current population is approximately 118,017. Based on a share (12%) of Pinellas County’s projected population, the City may have a population of 127,992 by 2040 based on a medium growth scenario. 1.2 The Affordable Housing Advisory Committee As a recipient of State Housing Initiatives Partnership (SHIP) funds the City established an Affordable Housing Advisory Committee (AHAC) in September 2021 as required by Florida Statute (F.S.) Section 420.9076. Section 420.9076, F.S., effective October 1, 2020, requires all municipalities receiving SHIP funds to: a) Establish an Affordable Housing Advisory Committee (AHAC); b) Prepare Local Housing Incentive Strategies (LHIS) to facilitate the provision of affordable/workforce housing; and c) Amend the Local Housing Assistance Plan (LHAP) to include the recommendations of the LHIS. The AHAC is responsible for reviewing ordinances, land development regulations, Comprehensive Plan policies, and other aspects of the City’s policies and procedures that affect the cost of housing. In addition, the AHAC is responsible for making recommendations to encourage affordable housing. The AHAC was previously required to submit a LHIS report triennially (i.e., every three years). Effective October 1, 2020, the LHIS report must be submitted annually. The report includes recommendations by the AHAC as well as comments on the implementation of incentives for at least the following eleven (11) distinct areas: • The processing of approvals of development orders or permits for affordable housing projects is expedited to a greater degree than other projects, as provided in s. 163.3177(6)(f)3, F.S. • All allowable fee waivers provided for the development or construction of affordable housing. • The allowance of flexibility in densities for affordable housing. • The reservation of infrastructure capacity for housing for very-low-income persons, low-income persons, and moderate-income persons. • Affordable accessory residential units. • The reduction of parking and setback requirements for affordable housing. • The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing. • The modification of street requirements for affordable housing. • The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. • The preparation of a printed inventory of locally owned public lands suitable for affordable housing. • The support of development near transportation hubs and major employment centers and mixed- use developments. 1.2.1 Committee Composition The City of Clearwater’s first eleven-member AHAC was established on June 19, 2008, representing those actively engaged in the provision of affordable housing. The composition of the first AHAC is outlined in Resolution #08-15 (see Appendix A). This first AHAC prepared the City’s original LHIS, which was approved in December 2008. Although Florida Statutes required the LHIS to be reviewed by the AHAC triennially, the City was not required to review the LHIS in 2011 because it did not meet the SHIP funding threshold at that time. In 2014, however, the SHIP funding threshold for LHIS review was met. On August 18, 2014, the City formed a second eleven-member AHAC, which reviewed and updated the LHIS in December 2014. The composition of the second AHAC is outlined in Resolution #14-26 (see Appendix A). The City formed a third eleven-member AHAC on October 5, 2017, which reviewed and updated the LHIS by December 2017. Although the Florida Statute no longer required a resolution of City Council to appoint the AHAC, the third AHAC was appointed by City Council action as Resolution #17-34 (see Appendix A). On September 17, 2020, the City formed a fourth eleven-member AHAC to review and update the LHIS by December 2020. The fourth AHAC was appointed by City Council action as Resolution #20-50 (see Appendix A). On September 2, 2021 the City formed a fifth eleven-member AHAC to review and update the LHIS by December 2021. The fifth AHAC was appointed by City Council action as Resolution #21-9610 (see Appendix A). Section 420.907, F.S. lists the categories from which AHAC members must be selected. There must be at least eight (8) but not more than 11 committee members with representation from at least six (6) of the following categories: • Citizen actively engaged in the residential home building industry in connection with affordable housing. • Citizen actively engaged in the banking or mortgage banking industry in connection with affordable housing. • Citizen representative of those areas of labor actively engaged in home building in connection with affordable housing. • Citizen actively engaged as an advocate for low-income persons in connection with affordable housing. • Citizen actively engaged as a for-profit provider of affordable housing. • Citizen actively engaged as a not-for-profit provider of affordable housing. • Citizen actively engaged as a real estate professional in connection with affordable housing. • Citizen actively serving on the local planning agency pursuant to Section 163.3174, F.S. • Citizen residing within the jurisdiction of the local governing body marking the appointments. • Citizen who represents employers within the jurisdictions. • Citizen who represents essential services personnel, as defined in the Local Housing Assistance Plan (LHAP). Additionally, effective October 1, 2020, at least one committee member must be a locally elected official from the participating jurisdiction (i.e., a City Councilmember). The appointed 2021 AHAC members are included in Table 1, along with their category affiliation. Table 1: Committee Composition Name Category Represented Date Appointed 1. Pierre Cournoyer Residential Home Building Industry September 2, 2021 2. Linda Kemp Banking & Mortgage Industry September2, 2021 3. Maria (Gaby) Camacho Labor Engaged in Affordable Housing September 2, 2021 4. Peter Scalia Advocate for Low-Income Persons September 2, 2021 5. Kevin Chinault Not-For-Profit Provider of Affordable Housing September 2, 2021 6. Lindsay Dicus-Harrison Real Estate Professional September 2, 2021 7. Michael Boutzoukas Serves on the Local Planning Agency September 2, 2021 8. Carmen Santiago Citizen Residing in Clearwater September 2, 2021 9. Camille Hebting Represents Employers in Clearwater September 2, 2021 10. Jacqueline Rivera Represents Essential Services Personnel September 2, 2021 11. Kathleen Beckman Locally Elected Official (City Councilmember) September 2, 2021 1.3 Process to Develop the Local Housing Incentive Strategies To update the LHIS, City staff and AHAC members actively participated in the following activities to fulfill the requirements of Section 420.9076, F.S. • Review of requirements of Section 420.9076, F.S. • Discussion regarding main issues/barriers affecting the production of affordable housing (see Appendix B) • Discussion with for-profit and non-profit developers to identify main barriers to the provision of affordable housing (see Appendix B) • Evaluation with City staff and AHAC of the current regulations (comprehensive plan, code, and ordinances) that provide developer incentives for the provision of affordable housing • Update of the LHIS report Chart 1 outlines the schedule established in Florida Statutes to prepare the LHIS: Chart 1: Schedule to Meet Requirements Source: Originally based on Florida Housing Coalition, Webinar, SHIP Incentive Strategies and the AHAC, 2019, updated to reflect City of Clearwater events and dates. II. LOCAL HOUSING INCENTIVE STRATEGIES The City of Clearwater’s fifth eleven-member AHAC was formed in September 2021 to review and update the values, principles, vision, and recommendations for the LHIS. The resulting values, principles and vision are found in Appendix C and the resulting recommendations are found in Section 2.1 and 2.2 below. 2.1 Affordable Housing Incentives The following provides synopses of the City’s current affordable housing practices, including policies,1 procedures, ordinances, and regulations. The following also outlines the AHAC’s evaluation of the recommendations to incentivize affordable housing that were previously approved in 2020. As part of the evaluation, the AHAC may continue, modify, or remove some recommendations and may add new recommendations as relevant. Recommendations for incentives are organized by the strategic incentives cited in Florida Statutes respective to the SHIP program funding. Section 420.9076, F.S., cites 11 areas of 1 All references made to the City’s “Comprehensive Plan” are drawn from the official document as adopted by City Council inclusive of any amendments as of October 1, 2021. affordable housing incentives for examination by the AHAC. The AHAC evaluated the City’s implementation of various incentives in these 11 areas and recommended other areas not cited in the statute. This evaluation of recommendations occurred during meetings with the AHAC and City staff from September through December 2021. The following provides the schedule of these meetings: 10/12/2021 Meeting with the AHAC and staff of the Economic Development & Housing Department 11/09/2021 Meeting with the AHAC and staff of the Economic Development & Housing Department 12/14/2021 Public Hearing with the AHAC, staff of the Economic Development & Housing Department, and interested members of the public 12/16/2021 City Council meeting to accept the updated LHIS report Summaries of the AHAC meetings held on October 12, 2021, and on November 9, 2021, can be found in Appendix D. The LHIS report is a result of the meetings held with the AHAC and the input of City staff to determine the feasibility of the AHAC recommendations. On December 14, 2021, the AHAC reviewed the LHIS report and finalized its recommendations regarding affordable housing incentives. The final recommendations, as approved by the AHAC, are captured in Appendix E. The LHIS report was accepted by City Council on December 16, 2021, and the recommendations will be used to amend the Local Housing Assistance Plan (LHAP) and the City’s Comprehensive Plan. 2.1.1 Expedited Review Process Strategic Incentive No. 1 (Florida Statute) The processing of approvals of development orders or permits for affordable housing projects is expedited to a greater degree than other projects, as provided in s. 163.3177(6)(f)3, F.S. Meeting Synopsis: Discussions at the AHAC meetings focused on two topics related to expediting review processes and approvals: (1) timing/process and (2) the use of technology for information sharing/education. Timing/Process During the first AHAC meeting on October 12, 2021, the discussion revealed three (3) areas of concern. The first was that permit applications for affordable housing be fast tracked. The City needs to commit to a specific number of days for processing. Charles Lane and Gina Clayton will work together to draft updated language for Recommendation below. The second area of concern was the cost of impact fees. The City is drafting a policy that will outline how it can provide financial assistance with these fees. The final area of concern was that Parks and Recreation does not provide any sort of reduction for impact fees for affordable housing. Assistant Director Lane is in negotiations with them to reduce these fees and will report on progress at meeting #2. The Committee also asked for information on how the other cities use general funds or funds from other sources to offset impact/permitting fees. This information may assist us in reducing our fees in order to remain competitive with neighboring municipalities. The AHAC discussed the updates completed in response to the 2020 recommendations that the City update the Affordable Housing webpage. The need for promotion and advertisement of the City’s programs and incentives was also discussed and highly encouraged. A disclaimer will be added to the area of the webpage that shares the low-income housing available in the county to caution that demand is high, availability is not guaranteed and is based on income; links to websites and phone numbers will also be included. At the second AHAC meeting on November 9, 2021 the changes proposed to Recommendations 1.1, 1.2 and 1.3 were reviewed and agreed to by the committee. Evaluation of Existing Strategy: The City of Clearwater Economic Development & Housing Department continues to provide a form titled, “Request for Expedited Permit Processing for Affordable Housing Activity” that, when completed and submitted by the developer, expedites permitting for affordable housing projects. The form can be issued for a site-specific project or for a one-year period, depending on a developer’s business strategy. This form does not expedite the review process for site plans, land use plan amendments, rezoning, or annexations, as these submittals are subject to board-dependent meeting schedules (e.g., Community Development Board, City Council). Currently, and depending on the type of project, the Assistant Director of the Economic Development & Housing Department (rather than the Housing Manager) and the Permit Manager and/or Planning Manager (rather than the Development Service Center Manager) act as liaisons between the developer and the City. The Assistant Director of the Economic Development & Housing Department determines whether a project qualifies as affordable housing and, if eligible, provides the developer with the “Request for Expedited Permit Processing for Affordable Housing Activity” form and applicable checklists. The Economic Development & Housing Department and Planning & Development Department support customer service for potential affordable housing projects by providing information and responding to developer inquiries by the end of business day (EOB). The Planning & Development Department utilizes technology to enhance administrative efficiencies. All permitting is facilitated by a one-stop “ePermit Hub” portal that supports electronic plan submittal, review, and inspections, or through Accela. Information, forms, and checklists are available online and at the counter for all types of projects (not necessarily affordable housing). Target dates and permit status are posted via the ePermit Hub portal and review time has been generally reduced to 14 days. The City also maintains a “Building Plan Review Committee” brochure that summarizes the City’s development review processes; however, this brochure is not specific to policies or processes that incentivize affordable housing in the City of Clearwater. AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendations from the 2020 LHIS report with minor changes as shown in strikethrough/underline, with the addition of recommendation 1.5: 1.1 Continue to use the “Request for Expedited Permit Processing for Affordable Housing Activity” form to fast-track affordable housing projects. Projects submitted with this form will receive first priority during the permit review process. Continue to strive to complete reviews of single-family permit reviews within four days of the initial submittal and within three days of all subsequent submittals. 1.2 The Assistant Director of Economic Development & Housing and Permit Manager should continue to be the primary and secondary points of contact when submitting affordable housing projects. Through close coordination, these two staff positions should:  Create and oversee an affordable housing “One Stop Streamline Permitting Process.”  Act as a liaison between the developer and all departments involved in the review and permitting process.  Organize and participate in the pre-application meetings.  Provide necessary information and forms to the developer to avoid delays during the application and review process.  Create a process and definitive project requirement checklist for affordable housing projects for each level of review and stage of permitting.  Create a definitive but feasible review timeline for affordable housing projects considering variables such as the type, size and impact in the community depending on the level of review and stage of permitting.  Release to the applicant and all City departments involved at once, written statements for additional requirements and project determinations.  Track the review process through the City’s online ePermit system.  Report to the developer the status of the application. 1.3 Continue to improve customer service toward potential project applicants by:  Maintaining a positive attitude  Offering a quick response time via email or phone calls  Making available project requirements and forms  Providing a list of potential mentors experienced in affordable housing development  Utilizing new technology to enhance administrative efficiencies and to educate developers about the City’s affordable housing incentives and permitting process by means of link sharing, web forms, videos/webinars, virtual meetings/forums, and other tools 1.4 Publish a brochure or other informational handout in a prominent location on the City’s Affordable Housing webpage that explains the City's development approval and permitting process to developers, including but not limited to:  Relationship between City and County policies and the regulation of land use, density, and intensity  City-sponsored incentives for affordable housing such as the "Request for Expedited Permit Processing for Affordable Housing Activity" form, Affordable Housing Density Bonus, Parking Reductions, and Nonconforming Exemption for Affordable Housing 1.5 Encourage affordable housing developers of single-family homes to submit frequently used template plans for pre-screening by the Building Official to further expedite the staff permit review process. Implementation: Recommendations 1.1 and 1.2 and 1.3 are already implemented by City staff and will be continued and enhanced by the recommendations added to 1.1. Consistent with new Recommendation 1.5, City staff will act as a liaison between affordable housing developers and City building officials on template plans to further assistance with timely processing of permits. 2.1.2 Modification of Fees Strategic Incentive No. 2 (Florida Statute) All allowable fee waivers provided for the development or construction of affordable housing. Meeting Synopsis: The AHAC again discussed the ongoing and effective coordination with Pinellas County regarding the multi-modal impact fee incentives for affordable housing. However, the AHAC also identified the continued need to evaluate whether the City can or should waive City impact fees or permitting fees. The AHAC directed City staff to consider whether City impact fees or permitting fees may be waived for affordable housing projects in order to remain competitive with neighboring cities and send a clear message that Clearwater is open and welcomes affordable housing development. At the second AHAC meeting on November 9, 2021 the changes proposed to Recommendations 2.2, 2.3 and 2.4 were reviewed and agreed to by the committee. Mr. Lane advised the committee that the Parks & Recreation Department is likely to recommend waivers for 3 impact fees they currently charge for affordable housing projects. Discussions are in progress. There is also some interest in a fee waiver for North Greenwood CRA area for a period of time to encourage development. These incentives should be finalized by the time we meet next year. The committee wondered what the budget would be if we waive these impact fees on an annual basis. Pierre Cournoyer asked the City to consider getting rid of the tree replacement fee for affordable housing projects as it can present quite an expense for a developer. Chuck Lane will discuss this idea with Gina Clayton and advise the committee at the next meeting. We can agenda this subject for next year’s AHAC if it remains unresolved. The Committee likes the limited time reduction of fees, as proposed for the North Greenwood CRA district, or a per property limited time reduction to incentivize the project, as a way to attract developers. Evaluation of Existing Strategy: While impact fees do increase the costs of affordable housing; it is also true that affordable housing creates the same demand for public infrastructure as other types of development. Therefore, the City of Clearwater charges specific fees to conduct development reviews and issue permits for affordable housing projects. The current City of Clearwater fee structure is adopted as Appendix A (Schedule of Fees, Rates and Charges) of the Community Development Code. Development review fees are based on the level of review, and permitting fees are based on construction valuation. City of Clearwater impact fees are assessed per unit. Depending on market conditions, these fees could potentially deter the development of affordable housing. In Florida, impact fees may be waived by exception for affordable housing projects consistent with the Florida Impact Fee Act, Section 163.31801(8), F.S., which does not require the local government to use any revenues to offset the revenue loss. This exception or waiver is applicable to housing that is affordable as defined by Section 420.9071, F.S. (i.e., 30% of 120%). In 2016, Pinellas County restructured its transportation impact fees to fund not only standard road widening but also multi-modal improvements such as mass transit, bicycle or pedestrian features. Such alternative modes of transportation are beneficial to persons without reliable access to an automobile and complement the provision of affordable housing. Consequently, the 2017 AHAC recommended coordination with Pinellas County regarding data-based rate flexibility within the multi-modal impact to support the provision of affordable housing. The City of Clearwater is identified as Multi-Modal Impact Fee District #6/6A within Pinellas County. A Multimodal Impact Fee is charged to offset the cost of improvements needed as development occurs and population increases resulting in an increased burden on traffic infrastructure. Revenue from the fee is shared between Pinellas County and the City of Clearwater. The fee can be reduced or offset through traffic study, reduction for low-income housing and pre-existing development traffic counts. Fee Waiver or Exemption – Government projects (e.g., library, rec center, etc.) are exempt. This exemption applies to both the City and County portion of impact fee revenue. Reduction for low-income housing:  A single-family home under 1,500 square feet (SF) for a qualifying low-income household (LIHH) is charged $653 compared to $1,003 for the same size home for a household not qualifying as LIHH. The fee for non-qualifying LIHH increases as follows: $1,242 for 1,501 SF to 2,499 SF; and $1,529 for a home 2,500 SF and larger. Square footage is determined by heated area.  Multi-family projects for qualifying LIHH are charged $557/unit while projects not qualifying as LIHH are charged $972/unit. These fees are cited in Pinellas County’s Land Development Code, Chapter 150, Article II. Alternatively, applicants can submit independent analysis to support further reduction of impact fees based on trip generation or economic studies. AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendation from the 2020 LHIS report with no change: 2.1 Coordinate with Pinellas County, as feasible, regarding data-based rate flexibility within the multi-modal impact fee to support the provision of affordable housing. Upon review of current City practices, the AHAC makes the following minor revision to recommendation 2.2 and includes new recommendations 2.3 and 2.4: 2.2 Continue to assess the financial, legal, and administrative feasibility of reducing, refunding, or redefining (by unit size) the costs of impact fees and/or [permitting] fees related to the development of affordable housing 2.3 The Planning & Development Department will recommend amending the fee Schedule of Fees Rates and Charges ordinance to provide for a reduction in the Plan Review and Permit Fees for single-family homes. 2.4 The Economic Development & Housing Department will develop a policy to assist with the payment of Plan Review and Permit Fees and impact fees utilizing state and federal funds designated for affordable housing. Implementation: Recommendation 2.1 is already implemented by Pinellas County but requires ongoing coordination between jurisdictions to certify affordable housing projects. This coordination will be implemented by the Engineering Department and will be monitored by City staff of the Economic Development & Housing Department and Planning & Development Department. In response to updated Recommendation 2.2, City staff will continue to monitor how other local governments are addressing plan review, permit and impact fees to ensure Clearwater’s incentives are competitive throughout the region. City staff will work to accomplish Recommendations 2.3 and 2.4 prior to the reconvening of the AHAC in 2022. 2.1.3 Flexible Densities Strategic Incentive No. 3 (Florida Statute) The allowance of flexibility in densities for affordable housing. Meeting Synopsis: During the first AHAC meeting on October 12, 2021, Chuck Lane shared with the AHAC how the flexible density policy helps developers. Recently, a developer wanted to renovate a former 60-unit assisted living facility with a change in use to multi-family residential. code only allowed for 45 residential units, so the developer designated 25% of those units (15) to be affordable and it gave him a 50% boost that got him to the 60 units he needed. That project would not have happened if this strategy was not in place. AHAC was reminded of their 2020 recommendations and no changes were recommended. At the second AHAC meeting on November 9, 2021 the committee confirmed their previous agreement to follow the recommendation from the 2020 LHIS report with no changes. Evaluation of Existing Strategy: The City of Clearwater supports flexibility in densities for affordable housing through its Comprehensive Plan policies and through its Community Development Code. Comprehensive Plan policies in support of flexible densities are adopted in the Future Land Use Element (FLUE) and Housing Element as follows: Policy A.2.2.12 – The City will provide density bonuses for affordable housing developments that demonstrate that a minimum of 15% of the total units are reserved as affordable housing units. Such bonuses shall not exceed 50% of the density permitted by the Future Land Use Map and shall not include properties located in the Coastal Storm Area. The density bonus shall be established by ordinance in the Community Development Code. (FLUE) Policy C.1.9.1 – The City will provide density bonuses for affordable housing developments that demonstrate that a minimum of 15% of the total units are reserved as affordable housing units. Such bonuses shall not exceed 50% of the density permitted by the Future Land Use Map and shall not include properties located in the Coastal Storm Area. The density bonus shall be established by ordinance in the Community Development Code. (Housing Element) Consistent with the Comprehensive Plan and previous AHAC recommendations, the Community Development Code contains affordable housing incentives under Section 3-920 that include a density bonus. Within Section 3-920, there is a requirement for a pre-application meeting to determine a project’s eligibility for the density bonus. Subsection “A. Affordable Housing Density Dwelling Units” contains specific criteria and simplified formulas for calculating the additional density available to affordable housing projects. The Community Development Code outlines the procedures for review and approval, percentages of affordable units, standards such as compatibility and green design, and required covenants to maintain affordability. In addition to the Density Bonus, the Community Development Code establishes flexibility criteria for specific uses requiring additional development review. Such uses fall into two categories: Flexible Standard Development and Flexible Development. Flexible Standard Development – Typically requires Level One approval, which involves review by City staff only, including the Development Review Coordinator and Development Review Committee. Flexible Development – Typically requires Level Two approval, which involves review by the Community Development Board. Some applications may warrant additional review, in which case Level Three approval is required. Level Three approval involves greater complexity and requires action by the City Council. In some cases, affordable housing projects also fall under the flexible development criteria for the specific zoning district in which the project is located, which typically require Level Two approval. For example, Section 2-704 defines infill flexibility criteria for the Commercial zoning district, which includes Flexibility Criteria F.5.d, “…the proposed use provides for the provision of affordable housing.” Additionally, the City of Clearwater maintains a “Public Amenities Incentive Pool” (Section C-301) and application process whereby applicants can request additional density in return for projects located in Character Districts designated by the Downtown Redevelopment Plan that also provide for eligible public amenities identified within that plan. AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendations from the 2020 LHIS report with no change: 3.1 Continue to provide allowance of density flexibility for affordable housing developments. 3.2 Maintain specific parameters to grant density flexibility for affordable housing projects as allowed in the Community Development Code within the different zoning districts. 3.3 Continue to define the density allowance for an affordable housing project as part of a pre-application meeting prior to formal submission of the civil/site engineering requirements. Implementation: Recommendations 3.1, 3.2, and 3.3 are already implemented by the Comprehensive Plan or Community Development Code and will be continued. The effectiveness of existing policies will be more fully evaluated through the Comprehensive Plan update process, which will include analysis by City staff and public hearings by City Council that may result in Comprehensive Plan amendments. 2.1.4 Infrastructure Capacity Strategic Incentive No. 4 (Florida Statute) The reservation of infrastructure capacity for housing for very-low-income persons, low-income persons, and moderate-income persons. Meeting Synopsis: The City’s infrastructure capacity was not identified as an affordable housing barrier during meetings with the AHAC and City staff. We are a very built-out City with existing infrastructure in place so there really isn’t any need to make any provisions. AHAC reviewed it’s 2020 recommendations and no changes were identified. At the second AHAC meeting on November 9, 2021 the committee confirmed their previous agreement to follow the recommendation from the 2020 LHIS report with no changes. Evaluation of Existing Strategy: The City of Clearwater does not require reservation of infrastructure capacity specific to housing for very-low-income, low-income, and moderate-income persons. The City is nearly built-out and has excess capacity for its public facilities. Consistent with the City’s Comprehensive Plan, the Planning & Development Department closely monitors all concurrency requirements so that adequate infrastructure is in place prior to development: Policy I.1.3.2 – The City shall determine, prior to the issuance of development orders, whether sufficient capacity of essential public facilities to meet the minimum standards for levels of service for the existing population and a proposed development will be available concurrent with the impacts of the proposed development. The applicable water supplier shall be consulted prior to the issuance of a building permit to ensure potable water will be available prior to the issuance of a certificate of occupancy. (Capital Improvements Element) Since 2020, no changes in City policy or practice regarding the reservation of infrastructure capacity have occurred (neither for affordable housing nor other types of development). AHAC Recommendations: Upon review of current City practices, the AHAC makes no change to the following as previously approved: We do not recommend that the City of Clearwater include the reservation of infrastructure capacity for housing for very-low-income persons, low-income persons, and moderate-income persons as an incentive for the provision of affordable housing. Implementation: Not applicable (no recommendation) 2.1.5 Accessory Dwelling Units Strategic Incentive No. 5 (Florida Statute) Affordable accessory residential units. Meeting Synopsis: During the first AHAC meeting on October 12, 2021, the committee identified the continued lack of promotion of Accessory Dwelling Units (ADUs) in the City as a barrier to affordable housing. The AHAC discussed ADUs as an opportunity to increase the affordable housing inventory in existing neighborhoods. The AHAC was advised that the ADUs are a main topic for updating in the comprehensive plan and community discussion must be had. Parking is a big issue that needs addressed. At the second meeting AHAC meeting on November 9, 2021, the committee reconfirmed their interest in accessory dwelling units for the City of Clearwater and upheld their commitment to the 2020 recommendations with no changes. Evaluation of Existing Strategy: The City allows for the provision of accessory dwelling units in nonresidential zoning districts, including the City’s Commercial (“C”), Tourist (“T”), Downtown (“D”), Office (“O”), Institutional (“I”), and Industrial Research and Technology (“IRT”) districts, as described in the Community Development Code. Regarding the allowance of accessory residential units in residential zoning districts, the Housing Element of the City’s Comprehensive Plan states: Policy C.1.1.2 – Residential Infill Projects, as defined in the Community Development Code, shall be utilized in order to accommodate innovative project designs, which provide for a mix of dwelling types at varying costs. Opportunities and conditions for the provision of accessory dwelling units (ADUs) may be considered for inclusion within infill development and redevelopment projects, provided that strict compliance standards be established within the Community Development Code. (Housing Element) Policy C.1.1.8 – The City may permit one accessory dwelling unit per lot wherever such units can be accommodated by adequate lot area, and provided that they meet strict compliance standards such as building restrictions, visual buffering, parking and other requirements to be developed for inclusion in the Community Development Code. (Housing Element) Although adopted by policy, these actions have not been implemented in the Community Development Code; therefore, there are no standards for accessory dwelling units in residential zoning districts. The implementation of these policies will be reviewed during the next update to the City’s Comprehensive Plan, which is in progress. Aside from the 2017 AHAC Recommendation 5.2, there has been little momentum to allow accessory dwelling units in residential zoning districts, in part due to citizen concerns about neighborhood compatibility. AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendation from the 2020 LHIS report with no change: 5.1 Continue to allow for accessory dwelling units in nonresidential zoning districts as described within the City’s Community Development Code. 5.2 Revisit with City Council Comprehensive Plan Policy C.1.1.2 and Policy C.1.1.8 to consider allowing one accessory dwelling unit on a residential lot of any size provided that certain criteria are met. Such criteria may include: • Maximum unit size, parking standards, setback, and height requirements to facilitate review and to ensure neighborhood compatibility, which may be presented using a pattern book or similar means to expedite approval. • Occupancy/tenure requirements so that the principal dwelling unit remains owner-occupied, the accessory dwelling unit is not used for short-term rental, and the number of occupants is limited to that which is reasonable for the unit size. 5.3 Expand the definition of accessory dwelling unit to include tiny homes and other alternative unit types to incentivize unconventional solutions to address affordable housing needs and aging in place, within existing neighborhoods. Implementation: Recommendation 5.1 is already implemented by the Community Development Code and will be continued. Recommendation 5.2 and 5.3 will be implemented through the Comprehensive Plan update process, which will include analysis by City staff and public hearings by City Council that may result in Comprehensive Plan amendments. 2.1.6 Parking Reductions Strategic Incentive No. 6 (Florida Statute) The reduction of parking and setback requirements for affordable housing. Meeting Synopsis: During the first AHAC meeting on October 12, 2021, the committee reviewed their recommendations from 2020. No changes were indicated. At the second AHAC meeting on November 9, 2021 the committee confirmed their previous agreement to follow the recommendation from the 2020 LHIS report with no changes. Evaluation of Existing Strategy: The Housing Element of the City’s Comprehensive Plan supports the reduction of parking and setback requirements for affordable housing through the following policies: Policy C.1.9.2 – Allow flexibility with regard to setbacks and off-street parking to accommodate density bonuses associated with affordable housing developments provided the project design does not detract from the established or emerging character of the immediate vicinity. (Housing Element) Policy C.1.9.3 – Allow flexibility with regard to off-street parking for projects containing affordable housing units located within 1000 feet of a transit stop. (Housing Element) In general, the City’s Community Development Code establishes parking flexibility criteria for specific uses requiring additional development review. For example, attached dwellings, residential infill projects, comprehensive infill redevelopment projects, or other uses that could provide affordable housing, may qualify as Level Two uses and allow for flexible development standards, including reduced parking and setbacks. More specifically, the Community Development Code allows for the reduction of parking requirements for affordable housing if the project is located near a transit stop: Article 3, Division 9, Section 3-920.B. Affordable housing parking incentive – Off-street parking may be reduced to one and one-half (1.5) parking spaces, or less per unit, provided the site with affordable housing units is located within 1,000 feet of a transit stop as measured from the nearest point of exit from the parcel based upon the shortest route of ordinary pedestrian travel and subject to the following: 1. The parking requirement may be reduced to between one and one-half (1.5) and one (1) space per unit if the affordable housing units are designated for senior citizens or disabled persons. 2. In the case of attached dwellings, if parking is proposed next to the building, a buffer that includes a four-foot sidewalk and a five-foot landscaped area shall be provided between the building and parking as illustrated below. AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendations from the 2020 LHIS report with no change: 6.1 Continue to allow flexible setback requirements for affordable housing developments. 6.2 Continue to tie reductions of off-street parking requirements to proximity and access to alternative modes of transportation, including transit, sidewalks, trails, or other options. Implementation: Recommendations 6.1 and 6.2 are already implemented by the Comprehensive Plan or Community Development Code and will be continued. The effectiveness of existing policies will be more fully evaluated through the Comprehensive Plan update process, which will include analysis by City staff and public hearings by City Council that may result in Comprehensive Plan amendments. 2.1.7 Flexible Lot Configurations Strategic Incentive No. 7 (Florida Statute) The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing. Meeting Synopsis: During the first AHAC meeting on October 12, 2021, the committee reviewed their recommendations from 2020. No changes were indicated. At the second AHAC meeting on November 9, 2021 the committee confirmed their previous agreement to follow the recommendation from the 2020 LHIS report with no changes. Evaluation of Existing Strategy: A legal lot of record, by definition, has fixed boundaries by a plat recorded in the Official Records of Pinellas County. It is therefore assumed that this incentive is intended to address flexible site plan configurations, rather than single flexible lot configurations. The City currently allows for site plan flexibility through the development review process, as supported by the City’s Community Development Code and Article 2. Zoning Districts therein, which establishes flexibility criteria for specific uses. Such criteria may allow for more flexible site plan configurations but may also require an improved site plan to document how the flexibility will result in better design and/or appearance. The allowance of flexible site plan configurations, including zero-lot line configurations for affordable housing, must be sensitive to the character and context of existing neighborhoods. To this end, the City’s incentives for affordable housing include compatibility criteria in conjunction with the density bonus as follows: Article 3, Division 9, Section 3-920.A.3.c.i. Compatibility Criteria – b. Proportionality and scale of the proposed development shall be consistent with the community character of the immediate vicinity of the parcel proposed for development. c. The overall aesthetics of the proposed development shall be compatible with or an improvement to the community character as determined by the community development coordinator. d. The scale and coverage of the proposed development shall be compatible with adjacent properties. If the overall bulk is larger than the surrounding buildings, the bulk may be reduced with the help of design elements such as step backs and setbacks… AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendation from the 2020 LHIS report with no change: 7.1 Continue to allow flexible lot configurations for affordable housing developments while remaining sensitive to the character and context of existing neighborhoods. Implementation: Recommendation 7.1 is already implemented by the Community Development Code and will be continued. 2.1.8 Modification of Street Requirements Strategic Incentive No. 8 (Florida Statute) The modification of street requirements for affordable housing. Meeting Synopsis: The City’s street requirements were not identified as an affordable housing barrier during meetings with the AHAC and City staff at either meeting. Evaluation of Existing Strategy: The City’s general standards for streets are defined in Article 3, Division 19, Section 3-1904 of the Community Development Code: Article 3, Division 19, Section 3-1904. Streets – Generally – A. The functional classification, arrangement, character, extent, width and location of all streets shall conform to the thoroughfare element of the comprehensive plan and shall be considered in their relation to existing and planned streets, topographical and environmental conditions, public convenience and safety, and their appropriate relationship to the proposed use of the land to be served by such streets. Section 3-1904 also specifies minimum right-of-way and lane designations for each classification of roadway, including neighborhood roads. A minimum pavement width of 24 feet plus curb is required for all neighborhood roads, 26 feet plus curb for all local roads, and 37 feet for all collector roads. These requirements are in place to maintain public health and safety. Moreover, the City’s Community Development Code requires that all streets be improved by a developer with paving, curbs or gutters, and sidewalks or on-street parking where necessary. These standards apply to all development, including affordable housing projects. Since the City of Clearwater is nearly built-out, the City’s infrastructure system is already in place and it is not likely that affordable housing projects will need to provide local or collector roads. At most, such projects may require the provision of neighborhood roads internal to the site. AHAC Recommendation: Upon review of current City practices, the AHAC makes no change to the following as previously approved: Because such standards are in place to benefit public health and safety, we do not recommend that the City utilize the modification of street requirements as an incentive for affordable housing. Implementation: Not applicable (no recommendation) 2.1.9 Pre-Adoption Policy Consideration Strategic Incentive No.9 (Florida Statute) The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. Meeting Synopsis: No specific issues with the City’s current pre-adoption policy consideration process were identified during meetings with the AHAC and City staff. The current process is working. Evaluation of Existing Strategy: The Economic Development & Housing Department typically reviews City policies, procedures, and regulations that may affect the cost of housing as part of its annual reporting for the State Housing Initiatives Partnership (SHIP) program and the Federal Community Development Block Grant and HOME Investment Partnership (HOME) programs. Moreover, the Economic Development & Housing Department typically receives new City Comprehensive Plan and Community Development Code provisions and ordinances for comment and participates in the City’s review process prior to adoption. This review process is maintained as a regular agenda item during Senior Executive Team bi-monthly meetings. AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendations from the 2020 LHIS report with no change: 9.1 As part of its annual reporting, the Economic Development & Housing Department should continue to review all regulations and ordinances that may affect the cost of housing. 9.2 Continue the review process maintained by the Senior Executive Team through which any new regulatory instrument created in the City (Ordinances, regulations, etc.) can be evaluated for its effect on housing affordability. Implementation: Recommendations 9.1 and 9.2 are already implemented through either state and federal reporting requirements or regular City staff meetings, which will be continued. 2.1.10 Inventory of Public Lands Strategic Incentive No. 10 (Florida Statute) The preparation of a printed inventory of locally owned public lands suitable for affordable housing. Meeting Synopsis: The inventory of public lands was discussed during the first AHAC meeting on October 12, 2021. The AHAC was advised of the plans for all the lots the City currently owns. The City is drafting a lot disposition policy that will establish how we notify capable developers of available opportunities and establish a public vetting process for how we distribute those lots. This policy should be available for review and approval by the committee at the next meeting. Future updates to the inventory list may include lots not zoned residential that may be appropriate for affordable housing. At the second AHAC meeting on November 9, 2021 the committee discussed the draft policy for distribution of city owned lots. The goal of this policy is to establish a clear and transparent process for donating appropriate city owned lots to developers for the creation of affordable housing. Currently there is a first come/first served process in place. The new policy seeks the establishment of a small committee to choose lots to be made available, seek proposals from developers for the lots, then review/score the proposals to see who has the best ideas for the donated land. Nonprofit developers will be included as well as minority and small developers. The City will advertise on website and reach out directly to those known to be interested. The Committee agreed that this would become Recommendation 10.5. Evaluation of Existing Strategy: The City of Clearwater is nearly built out. Most of the vacant parcels remaining are less than one acre in size. Due to the lack of land to develop affordable housing, the City offers flexibility through the Community Development Code to help developers utilize existing sites for infill and redevelopment projects. To facilitate affordable housing projects, the City keeps an inventory of publicly owned land suitable for affordable housing titled, “Affordable Housing Inventory List”, which is published on the City’s website: https://www.myclearwater.com/government/city-departments/affordable- housing/documents. The Affordable Housing Inventory List is maintained by Comprehensive Plan policy: Policy C.1.2.6 - The City shall identify vacant and underutilized city-owned property that may be deemed surplus property and make it available for the development of affordable housing. (Housing Element) The Affordable Housing Inventory List is State mandated by Section 166.0451, F.S. and was triennially updated. Updates occurred in 2009 by City Resolution #09-41 (November 5, 2009), in 2013 by City Resolution #13-10 (June 6, 2013), in 2016 by City Resolution #16-14 (June 16, 2016), and in 2019 by City Resolution #19-10 (June 20, 2019). As of 2019, there were 19 parcels suitable for the development of affordable housing: 1. 1454 S. Martin Luther King, Jr. Ave. 2. 1011 La Salle St. 3. 1002 La Salle St. 4. 1408 Monroe Ave. 5. 1112 Palm Bluff St. 6. 912 Nicholson St. 7. 1415 Taft Ave. 8. 1009 N. Garden Ave. 9. 1304 N. Madison Ave. 10. 1529 S. Washington Ave. 11. 1002 Grant St. 12. 1004 Grant St. 13. 0 Marshall St. 14. 1006 Grant St. 15. 406 Vine Ave. 16. 1125 Pierce St. 17. 1129 Pierce St. 18. 0 Pennsylvania Ave. 19. 1006 N. Martin Luther King, Jr. Ave Additionally, the City’s Economic Development & Housing Department has a procedure in place to make publicly owned land available to prospective developers and non-profit agencies to construct affordable housing. Since 2017, the Planning and Development Department has implemented a foreclosure program targeting properties with substantial code violations. As a result, several properties have been donated for affordable housing development. AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendations from the LHIS report with no change: 10.1 The Economic Development & Housing Department should continue to maintain the inventory of publicly-owned land suitable for the development of affordable housing. 10.2 Continue to publish the public land inventory owned by the City for affordable housing on the City’s webpage for prospective developers and non-profit agencies for developing affordable housing. 10.3 Continue to make publicly-owned land available to prospective developers and non-profit agencies for developing affordable housing. 10.4 The Economic Development & Housing Department should coordinate with the Planning & Development Department to identify properties having repeat code violations that may be suitable for rehabilitation, acquisition, or demolition for affordable housing. Upon review of current City practices, the AHAC makes the following new recommendation as underlined: 10.5 Develop a new policy/procedure for distribution of city owned lots. Consider including energy efficient items into the scoring matrix to support environmentally friendly development in partnership with the Green Print 2.0 timeline. Implementation: Recommendations 10.1, 10.2, and 10.3 are already implemented by City staff of the Economic Development & Housing Department and will be continued. Recommendation 10.4 is already implemented by City staff of the Planning & Development Department and will be implemented through ongoing coordination between these two departments. Recommendation 10.5 is a new work in progress. 2.1.11 Proximity to Transportation, Employment & Mixed-Use Development Strategic Incentive No. 11 (Florida Statute) The support of development near transportation hubs and major employment centers and mixed-use developments. Meeting Synopsis: No specific issues with the City’s current policies regarding proximity to transportation, employment, and mixed-use development were identified during meetings with the AHAC and City staff. The current policies remain acceptable and no changes to the recommendations were identified at either meeting. Evaluation of Existing Strategy: Generally, the City promotes areas suitable for affordable housing through the Future Land Use Element (FLUE) of the Comprehensive Plan. The FLUE contains a number of policies related to activity centers and transit hubs as part of the City’s overall design structure. Such policies include: Policy A.2.2.7 – Residential land uses shall be sited on well-drained soils, in proximity to parks, schools, mass transit and other neighborhood-serving land uses. (FLUE) Policy A.5.4.4 – Missouri Avenue from Drew Street to Belleair Road. The creation of affordable housing and mixed-use development should be supported, and lot consolidation and streetscape improvements should be encouraged. [Activity Center] (FLUE) Policy A.5.4.7 – South Fort Harrison Avenue from A Street to E Street. Amendments to the Future Land Use Plan and Zoning Atlas may be considered to promote affordable housing, mixed-use development, and to support the emerging character of the area and Morton Plant Hospital. [Activity Center] (FLUE) Policy A.6.8.7 – Create mixed-use, higher density, livable communities through design, layout and use of walkability techniques within existing and proposed transit corridors, including planned PSTA, Pinellas County MPO and TBARTA lines and potential station locations. (FLUE) Additionally, the FLUE includes the Objective A.6.10 policy series, which establishes transit-oriented land use designations and design standards: Policy A.6.10.8.b(4) – Provide a mixture of housing types affordable to households with a range of incomes within [transit] station areas. (FLUE) The Housing Element of the Comprehensive Plan also supports the location of assisted housing near major activity centers: Policy C.1.4.2 – Assisted housing should be located in close proximity to employment centers, mass transit services, parks, and commercial centers. (Housing Element) Additionally, both the City’s Comprehensive Plan and Community Development Code allow flexibility in parking for affordable housing projects if located near a transit stop (see Housing Element Policy C.1.9.3 as well as Community Development Code Article 3, Division 9, Section 3-920.B. for the City’s “affordable housing parking incentive”). AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendation from the 2020 LHIS report with minor changes as shown in strikethrough/underline: 11.1 The City should maintain and implement Future Land Use Element policies A.2.2.7; A.5.4.4; A.5.4.7; A.6.8.7; A.6.10.8; and C.1.4.2 of the City’s Comprehensive Plan. Implementation: Recommendation 11.1 is already implemented by the Comprehensive Plan and will be continued. 2.2 Additional Incentives The following provides synopses of the City’s current practices regarding affordable housing and outlines the AHAC’s evaluation of recommendations related to incentives for the provision of affordable housing not cited in Section 420.9076, F.S. These recommendations were previously approved in 2017 but were evaluated and, if necessary, revised in 2020 to address current affordable housing barriers. 2.2.1 Adaptive Reuse Meeting Synopsis: Upon review of existing strategies, no further recommendations were identified at either meeting of the 2021 AHAC. Evaluation of Existing Strategy: The City continues to allow for adaptive reuse if allowed within the zoning district where the affordable housing project is located. Of note, under Florida House Bill 1339 (June 2020), local governments may now approve affordable housing development by right on any parcel zoned for residential, industrial, or commercial use. AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendation from the 2020 LHIS report with no changes: 12.1 Continue to allow “adaptive reuse” involving the conversion of surplus and/or outmoded buildings including old churches, school buildings, hospitals, train stations, warehouses, factories, vacant or underutilized commercial and office buildings, etc. to mixed uses where permitted by zoning district. Implementation: Recommendation 12.1 is already implemented by the Community Development Code and will be continued. 2.2.2 Land Development Code Meeting Synopsis: No specific issues with the City’s Community Development Code were identified during meetings with the AHAC and City staff. The current standards remain acceptable. Evaluation of Existing Strategy: Design standards for affordable housing projects are generally addressed by Community Development Code Article 3, Division 9, Section 3-920.A.3.c.i-iii. [Compatibility Criteria, Design Criteria, Green Building Criteria]; however, the “other” criteria referenced in the 2017 AHAC Recommendation 13.1 are not addressed by Section 3-920.A.3.c.i-iii. The 2014 AHAC identified the Community Development Code’s treatment of nonconforming development as a barrier, citing the cost of bringing older properties “up-to-code” as prohibitive to affordable housing. As a result of the 2014 AHAC recommendation to allow certain exceptions to the 50 percent limitation on nonconforming structures, Article 6 of the Community Development Code was modified and adopted as Section 6-102.F.1-6. in June 2015. Because Recommendation 13.2 was successfully implemented, Recommendation 13.2 was not continued by the 2017 AHAC. Only Recommendation 13.1 (design standards) was continued. AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendations from the 2020 LHIS report with minor changes as indicated by underline/strikethrough below: 13.1 Continue to encourage developers to address recommended design standards for affordable housing developments consistent with Sec. 3-920.A.3.c.i-iii. of the City of Clearwater Community Development Code. Other criteria could include but are not limited to: • Provide direct and visual access to open space for residents. • Consider play areas when developing family housing. • Provide nighttime outdoor illumination for safety. • Use landscape standards and buffers when required to screen nuisances and to separate public and private areas. • Centrally-locate common facilities. • Use Crime Prevention Through Environmental Design (CPTED) when practical and financially feasible. • Comply with Federal and State requirements for accessibility improvements. Implementation: Recommendation 13.1 is partially implemented by the Community Development Code. City staff will continue to consider other criteria for potential amendments to Sec. 3-920.A.3.c.i-iii. of the Community Development Code in support of affordable housing. 2.2.3 Communication and Marketing of Affordable Housing Meeting Synopsis: During the first AHAC meeting on October 12, 2021, the committee reviewed their recommendations from 2020. The AHAC indicated the need to partner with Amplify Clearwater and others to promote the website and the benefits and opportunities available for affordable housing development in the City. The difference between affordable and workforce housing was discussed. At the second AHAC meeting on November 9, 2021, the committee reviewed their recommendations and agreed to proceed with the 2020 recommendations, with the minor proposed revisions to 14.1. Evaluation of Existing Strategy: The Economic Development & Housing Department continues to develop materials to better market its services to prospective developers of affordable housing. The Economic Development & Housing Department works with the Public Communications Department to create awareness of affordable housing programs through marketing materials, presentations, and press releases. The City’s “Affordable Housing” webpage is a one-stop resource for affordable housing developers and persons seeking housing assistance: https://www.myclearwater.com/government/city- departments/affordable-housing. The webpage publishes plans and reports produced by the Housing Division, as well as information on the City’s homeless prevention initiatives. AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendation from the 2020 LHIS report with minor changes as shown in strikethrough/underline: 14.1 Continue to improve current communication channels and marketing materials to reach different stakeholders interested in affordable housing. Some of the suggested actions include but are not limited to: • Conduct an educational campaign, in conjunction with regular City communications, to rebrand affordable housing as workforce housing that supports the diverse needs of residents through a variety of unit/product types compatible with the City’s neighborhoods.  Partner with Amplify Clearwater and others to broadly promote the benefits of, and opportunities for, affordable housing development in the City.  Prepare marketing materials for the general public in order to promote the different housing programs that the City offers, including homebuyer education and down payment assistance to support homeownership. • Prepare marketing materials that help developers and the general public to understand the application criteria, permitting process, and the number of incentives available for rehabilitation and new construction of affordable housing units in the City. • Make accessible to the public an inventory and a map of suitable residential vacant land available for development. • Include a section on the City’s webpage called, “Affordable Housing & Community Development,” specifically dedicated to the promotion of affordable housing. Implementation: City staff of the Economic Development & Housing Department will develop the educational campaign to rebrand affordable housing and form a partnership with Amplify Clearwater to promote and direct citizens to our website. In coordination with the Public Communications Department, City staff will improve communication and marketing of affordable housing incentives. 2.2.4 Financing Meeting Synopsis: The AHAC discussed the myriad of funding options available for affordable housing and how the complexity of financing can be daunting to a new-entry developer. The AHAC identified that the City needs to provide more information in a simplified format on the City’s Affordable Housing webpage, including but not limited to information about developer financing as well as housing programs for homebuyer education and down payment assistance. The AHAC directed City staff and the Consultant address this need in other recommendations related to expedited review timing/process (Recommendation 1.3), communication and marketing (Recommendation 14.1), and partnerships (Recommendation 16.1), but to continue Recommendation 15.1 with no change. At the second AHAC meeting on November 9, 2021 Mr. Lane discussed an issue that currently exists within the City that causes some of the city owned lots to be unavailable for affordable housing development. These properties generally come into city ownership when code lien violations result in foreclosure. If the city could reduce these liens to administrative costs only, and then use city funds to pay these administrative costs, this could open up the properties for affordable housing development. The 2021 AHAC agreed that this would be a good policy to pursue and asked to make it a new incentive in 2021. Evaluation of Existing Strategy: The Economic Development & Housing Department continues to leverage funds with other non-profit housing providers (e.g., Habitat for Humanity of Pinellas County, Community Service Foundation, Bright Community Trust, Tampa Bay Community Development Corporation, CHDOs, etc.) to finance the development of affordable housing, and continuously seeks relationships with new qualified organizations. City staff also seeks new public-private partnerships to help offset public investment and reduce private developer costs, as well as partnerships with other local governments (e.g., Pinellas County) to co-fund impactful projects. AHAC Recommendation: Upon review of current City practices, the 2021 AHAC continues the following recommendation from the 2020 LHIS report with the addition of incentive 15.2: 15.1 Diversify financial strategies to contribute to the new construction and maintenance of affordable housing. 15.2 Evaluate the feasibility of reducing/paying code violation liens on lots suitable for affordable housing development. Implementation: Recommendation 15.1 is already implemented by City staff of the Economic Development & Housing Department and will be continued. Recommendation 15.2 will be pursued. 2.2.5 Partnerships Meeting Synopsis: During the first AHAC meeting on October 13, 2020, Gaby Camacho shared a story about how Habitat did an experiment in St Petersburg with 3 other organizations where they partnered with them and walked them through the process of building an affordable home and it was extremely successful. They ended up building about 9 homes. All members of the AHAC agreed that they would like to see this sort of mentoring and technical training encouraged in the City. The need to rally the citizens to be advocates for supporting affordable housing was discussed. The City advises the subrecipients how to lobby at meetings twice a year and they carry that information into the community. The North Greenwood CRA will be a great partner to assist with this, once established. Suggestions were made to partner with private companies to sponsor solar installations to promote green development; staff will agenda a discussion regarding green development with the Neighborhood & Affordable Housing Advisory Board. At the second AHAC meeting on November 9, 2021 the committee confirmed their previous agreement to follow the recommendations from the first meeting. Evaluation of Existing Strategy: The Economic Development & Housing Department strives to keep an updated list of affordable housing units and maintains a list of housing partners on the City’s website at https://www.myclearwater.com/government/city-departments/affordable-housing/where-to-get- help. The Department also partners with other affordable housing providers to offer mentoring and technical training, and to address topics such as foreclosure, Fair Housing, and other relevant issues. The Department continues to improve its partnerships with local lenders, continues to work closely with Pinellas County to seek mutual opportunities for the development of affordable housing, and monitors statewide initiatives through the City’s lobbyist. AHAC Recommendation: Upon review of current City practices, the AHAC continues the following recommendation from the 2020 LHIS report with minor changes as shown in strikethrough/underline: 16.1 Develop public and private partnerships for the provision of affordable housing:  Prepare, advertise, and maintain an inventory of affordable housing providers/developers and any other related organization.  Encourage partnerships between current and new affordable housing developers for mentoring and technical training.  Encourage and support joint development opportunities between the private sector and non–profits to develop affordable housing.  Engage lenders in an ongoing discussion with the City relative to underwriting and credit standards, technology solutions, as well as the development of financial products in an effort to maximize the financing options available to potential first- time homebuyers through conventional and other lenders.  Coordinate with Pinellas County joint programs for the provision of affordable housing, including the Pinellas County Countywide Housing Strategy and Advantage Pinellas Housing Compact.  Monitor, and encourage citizens to lobby for, the development of statewide legislative initiatives to gauge the local impact of their provisions.  Coordinate with the private sector and non-profits to provide homebuyer education, home warranties and other strategies that reduce the ongoing maintenance risk of homeownership.  Increase down payment assistance loan amounts to be viable for the homebuyer while remaining financially feasible for the continued operation of the City’s program.  Partner with the private sector and non-profits to address third-party barriers to affordable housing and to identify appropriate incentives to reduce labor and material costs for developers and maintenance and insurance costs for homeowners. Implementation: Recommendation 16.1 is already implemented by City staff of the Economic Development & Housing Department through ongoing public and private partnerships, which will be continued. Efforts to reduce the maintenance risk of homeownership and to address third-party barriers to affordable housing will require further coordination with these partners. City staff will coordinate with and closely monitor regional and statewide affordable housing initiatives. In response to recommendations from the 2020 AHAC, City staff has increased the loan amounts available through the City’s DPA program, so that levels are viable for the homebuyer but financially feasible for the program. Appendix Economic Development & Housing Department APPENDIX A: City of Clearwater Resolutions A.1 Resolution #08-15, AHAC Members A.2 Resolution #14-26, AHAC Members A.3 Resolution #17-34, AHAC Members A.4 Resolution #20-50, AHAC Members A.5 Resolution #09-41, Affordable Housing Inventory List A.6 Resolution #13-10, Affordable Housing Inventory List A.7 Resolution #16-14, Affordable Housing Inventory List A.8 Resolution #19-10, Affordable Housing Inventory List RESOLUTION NO. 08-15 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA REGARDING THE AFFORDABLE HOUSING ADVISORY COMMITTEE REQUIRED FOR PURPOSES OF THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ("SHIP") PROGRAM; PROVIDING THAT THE CITY'S NEIGHBORHOOD AND AFFORDABLE HOUSING BOARD NAHAB] SHALL SERVE AS SAID COMMITTEE; APPOINTING EXISTING NAHAB MEMBERS TO THE COMMITTEE; APPOINTING NEW MEMBERS TO THE NEIGHBORHOOD AND AFFORDABLE HOUSING BOARD AND THE COMMITTEE; PROVIDING FOR NEW MEMBER TERMS; 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 Board are hereby appointed as members of the Affordable Housing Advisory Committee for the State Housing Initiatives Partnership Program: Donald Brackett (retired builder) representing the residential home building industry Lisa Hughes (Coordinated Child Care) as an advocate for low- income persons in connection with affordable housing Kip Corriveau (Salvation Army) representing not-for-profit provider of affordable housing Peggy Cutkomp (Prudential Tropical Realty) representing those who are actively engaged as a real estate professional in connection with affordable housing Resolution No. 08-15 Laurel Braswell (Homemaker) as citizen who resides within the City of Clearwater Josephine Carbone (retired Realtor) as citizen who resides within the City of Clearwater Section 2. That the following persons are hereby appointed to the Neighborhood and Affordable Housing Board and as members of the Affordable Housing Advisory Committee for the State Housing Initiatives Partnership Program: Samuel Davis (Wells Fargo Mortgage) representing the banking or mortgage industry in connection with affordable housing Nick Pavonetti (PDC Affordable Housing) representing those areas of labor engaged in home building in connection with affordable housing Peter Leach (Southport Financial Services) representing the for- profit provider of affordable housing Jordan Behar (Behar Design and Associates, Inc.), who serves on the local planning agency Kevin Gartland (Clearwater Regional Chamber of Commerce) representing employers within the City of Clearwater Tony Longhorn (Pinellas County School Board) representing essential services personnel The term of office of said six members will be four years per Code of Ordinances Section 2.226(3). Section 3. This resolution shall take effect immediately upon adoption, and is subject to the adoption of Ordinance No. 7981-08. PASSED AND ADOPTED this 19th day of June 2008. y~ In-ank V. Hibbard Mayor Approved as to form:Attest: Leslie K. Doug City Attorney 2 RESOLUTION NO. 14 -26 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 a 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 RESOVED 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 as members of the Affordable Housing Advisory Committee: Michael Potts representing the residential home building industry Linda Kemp representing the banking or mortgage industry in connection with affordable housing Lisa Hughes 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 Vicki Adelson as citizen who resides within the City of Clearwater Kristin Dailey representing employers within the City of Clearwater Resolution No. 14 -26 SECTION 2: That the following persons are hereby appointed to the Affordable Housing Advisory Committee: Ronald Spoor representing those areas of labor engaged in home building in connection with affordable housing Michael Boutzoukas who serves on the local planning agency Peter Leach representing the for - profit provider of affordable housing Bob Clifford representing essential services personnel Jacqueline Rivera representing a not - for - profit provider of affordable housing SECTION 3: This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 9 n Hi day of August , 2014. Approved as to form: C._// Laura Mahony Assistant City Attorney Ceorie- cy'Ckk( George N. Cretekos Mayor Attest: Rosemarie CaII City Clerk Resolution No. 14 -26 RESOLUTION 09-41 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, DETERMINING THE CITY HOLDS FEE SIMPLE TITLE IN AND TO 2 PARCELS OF LAND LYING AND BEING SITUATE WITHIN ITS CORPORATE LIMITS THAT ARE APPROPRIATE FOR USE AS AFFORDABLE HOUSING AS DEFINED IN SECTION 166.0451, FLORIDA STATUTES; ESTABLISHING AN INVENTORY LISTING OF SAID PARCELS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 166.0451, Florida Statutes, requires that every three years each municipality within the State of Florida shall prepare an inventory list of all real property within its jurisdiction to which the municipality holds fee simple title that is appropriate for use as affordable housing; and, WHEREAS, the inventory list must include the address and legal description of each such property and specify whether the property is vacant or improved; and, WHEREAS, the governing body of the municipality must review the inventory list at a public hearing, and may revise it at the conclusion of the public hearing; and, WHEREAS, Resolution 08-01 established the first Affordable Housing Inventory in 2008 with twenty-nine (29) parcels of city-owned land; and, WHEREAS, after further review and physical inspection of each parcel, certain parcels adopted therein have now been determined to be inappropriate for said list because of lot size or location in a community redevelopment area; and, WHEREAS, the list is hereby revised to include only those properties deemed appropriate for use as affordable housing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the following two parcels of vacant land as identified in EXHIBIT "A" appended hereto are hereby determined to be appropriate for use Resolution No. 09-41 OZ::s!~ n ~C/)zzml -lmu 'l:I: r- lXImN~C:C"l0C/)::U8~~C"l~ coo' u"'0CIC:C"l oco..."",u'll...""~o Ci)::O:r-o z"Si""Ci)"'o-C"l cooooco>c: N ,Ill ::uIoocoo .. o N 3: KEN BURKE, CLERK OF COURTANDCOMPTROLLERPINELLAS COUNTY, FLINST# 2013201914 06120/2013 at 01:31 PM OFF ype GOV RECORDING6 pocType $ 27.00 RESOLUTION 13 -10 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, DETERMINING THE CITY HOLDS FEE SIMPLE TITLE IN AND TO TWO PARCELS OF LAND LYING AND BEING SITUATE WITHIN ITS CORPORATE LIMITS THAT ARE APPROPRIATE FOR USE AS AFFORDABLE HOUSING AS DEFINED IN SECTION 166.0451, FLORIDA STATUTES; ESTABLISHING AN INVENTORY LISTING OF SAID PARCELS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 166.0451, Florida Statutes, requires that by July 1, 2007, and every three years thereafter, each municipality within the State of Florida shall prepare an inventory list of all real property within its jurisdiction to which the municipality holds fee simple title that is appropriate for use as affordable housing; and, WHEREAS, the inventory list must include the address and legal description of each such property and specify whether the property is vacant or improved; and, WHEREAS, the governing body of the municipality must review the inventory list at a public hearing, and may revise it at the conclusion of the public hearing; and, WHEREAS, the City Council now desires to formally establish the 2013 Affordable Housing Inventory list of real property deemed appropriate for use as affordable housing as required by law; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the following two (2) parcels of vacant land as more particularly described in EXHIBIT "A ", attached hereto and incorporated herein, are hereby determined to be appropriate for use as affordable housing as defined in Section 166.0451 and 420.0004, Florida Statutes. Section 2. That the City holds fee simple title in and to both of said parcels. Section 3. That the inventory listing of the herein described parcels of land shall be titled the "2013 Affordable Housing Inventory List ". Resolution No. 13 -10 Section 4. That the City Clerk is hereby directed to record this Resolution in the Public Records of Pinellas County, Florida. Section 5. That this resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 6th day of June , 2013. Approved as to form: Laura Lipowski Mahony Assistant City Attorney c eo(1 t , Cit'kcIos George N. Cretekos, Mayor Attest: MU06- 1313 - 002/46844/1] Resolution No. 13 -10 EXHIBIT "A" 2013 AFFORDABLE HOUSING INVENTORY LIST 918 PALMETTO ST. PENNSYLVANIA SUB., LOT 5 VACANT 1454 S. MLK, JR. AVE. COMMENCE AT THE NW CORNER OF VACANT S. MLK, JR. AVE. AND WOODLAWN ST. THEN RUN N 320 FT TO THE POINT OF BEGINNING; THEN W 260.4 FEET; THEN N 225.00 FEET; THEN E 260.4 FEET; THEN S 225.00 FEET TO THE POINT OF BEGINNING. MU06- 1313 - 002/46844/1] Resolution No. 13 -10 RESOLUTION 19-10 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, DETERMINING THE CITY HOLDS FEE SIMPLE TITLE IN AND TO NINETEEN PARCELS OF LAND LYING AND BEING SITUATE WITHIN ITS CORPORATE LIMITS THAT ARE APPROPRIATE FOR USE AS AFFORDABLE HOUSING AS DEFINED IN SECTION 166.0451, FLORIDA STATUTES; ESTABLISHING AN INVENTORY LISTING OF SAID PARCELS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 166.0451, Florida Statutes, requires that by July 1, 2007, and every three years thereafter, each municipality within the State of Florida shall prepare an inventory list of all real property within its jurisdiction to which the municipality holds fee simple title that is appropriate for use as affordable housing; and, WHEREAS, the inventory list must include the address and legal description of each such property and specify whether the property is vacant or improved; and, WHEREAS, the governing body of the municipality must review the inventory list at a public hearing, and may revise it at the conclusion of the public hearing; and, WHEREAS, the City Council now desires to formally establish the 2019 Affordable Housing Inventory list of real property deemed appropriate for use as affordable housing as required by law; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the following nineteen (19) parcels of vacant land as more particularly described in EXHIBIT "A", attached hereto and incorporated herein, are hereby determined to be appropriate for use as affordable housing as defined in Section 166.0451 and 420.0004, Florida Statutes. Section 2. parcels. Section 3. That the inventory listing of the herein described parcels of land shall be titled the "2019 Affordable Housing Inventory List". That the City holds fee simple title in and to all of said Resolution No. 19-10 Section 4. That the City Clerk is hereby directed to record this Resolution in the Public Records of Pinellas County, Florida. Section 5. That this resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this ifS/` day of'34A-A-(2-, 2019. C rtcAcrAdes George N. Cretekos, Mayor Approved as to form: Attest: 0LL L I W ` J L. a fi L Laura Mahony dor Rosemarie Call, ity C e k Assistant City Attorney II Resolution No. 19-10 EXHIBIT "A" 2019 AFFORDABLE HOUSING INVENTORY LIST 1454 S. MLK, JR. AVE. 1011 LA SALLE ST. 1002 LA SALLE ST. 1408 MONROE AVE. 1112 PALM BLUFF ST. 912 NICHOLSON ST. 1415 TAFFT AVE. 1009 N GARDEN AVE. COMMENCE AT THE NW CORNER OF S. MLK, JR. AVE. AND WOODLAWN ST. THEN RUN N 320 FT TO THE POINT OF BEGINNING; THEN W 260.4 FEET; THEN N 225.00 FEET; THEN E 260.4 FEET; THEN S 225.00 FEET TO THE POINT OF BEGINNING. 22/29/15/00000/320/1300 GREENWOOD MANOR, LOT 7 AND SOUTH '/ OF LOT 6. 10/29/15/33498/000/0070 PALM PARK SUB., BLOCK D, LOT 15 10/29/15/65718/004/0150 LINCOLN PLACE SUB., BLOCK 4, LOT 4 10/29/15/51948/004/0040 GREENWOOD PARK NO. 2 SUB., BLOCK F, LOT 39 10/29/15/33552/006/0390 PINE CREST SUB BLK 2, LOT 7 AND % VAC ALLEY ADJ ON N 10/29/15/69138-002-0070 VACANT VACANT VACANT VACANT VACANT VACANT LINCOLN PLACE SUB., BLOCK 1, LOT 16 VACANT 10/29/15/51948/001/0160 ELDRIDGE, J. J. PART OF LOTS 36 & 37 VACANT DESC FROM SW COR OF SD LOT 36 TH NE'LY 33.7FT ALG WLY LOT LINE FOR POB TH CONT NE'LY 41.3FT ALG W'LY LOT LINE TO POINT 12.5FT N OF SW COR OF SD LOT 37 TH E'LY 125FT ALG LINE PARALLEL TO S BNDRY OF LOT 37 TO E'LY BNDRY OF SD LOT 37 TH SWLY 65.07FT ALG E'LY LOT LINES TO POINT 9.30FT N OF SE COR OF LOT 36 TH NWLY TO POB 09/29/15/25542/004/0360 Resolution No. 19-10 1304 N MADISON AVE. FAIRMONT SUB BLK G, LOT 11 & N 19.2FT OF LOT 12 10/29/15/26892/007/0110 1529 S WASHINGTON CAROLINA TERRACE ANNEX LOT 16 AVE. 22/29/15/13680/000/0160 VACANT 1002 GRANT ST. NORWOOD 1ST ADD BLK 6, LOT 6 VACANT 10/29/15/61758/002/0060 1004 GRANT ST. NORWOOD 1ST ADD BLK B, LOT 7 VACANT 10/29/15/61758/002/0070 0 MARSHALL ST. NORWOOD 1ST ADD BLK B, N 1/2 OF LOT 8 VACANT 10/29/15/61758/002/0080 1006 GRANT ST. NORWOOD 1ST ADD BLK B, S 1/2 OF LOT 8 VACANT 10/29/15/61758/002/0081 406 VINE AVE. DREW PARK LOT 8 VACANT 10/29/15/22518/000/0080 1125 PIERCE ST. PADGETTS SUB, R.H. OF ORIG LOTS 2 VACANT 5 LOT 8 LESS A TRIANGLE 45.5 FT X 65FT IN SW COR IN ST 15/29/15/65214/002/0080 1129 PIERCE ST. O PENNSYLVANIA AVE. 1006 N MARTIN LUTHER KING JR. BLVD. PADGETT'S SUB, R.H. OF ORIG LOTS 2 & VACANT 5 LOT 9 15/29/15/65214/002/0090 PALM PARK UNNUMBERED BLK, S 50FT OF W 100FT OF LOT 32 10/29/15/65718/000/0321 PALM PARK UNNUMBERED BLK, S 50FT OF E 100FT OF LOT 32 LESS RD RM/ ON E 10/29/15/65718/000/0325 VACANT VACANT Resolution No. 19-10 Appendix Economic Development & Housing Department APPENDIX B: Affordable Housing in Clearwater B.1 Housing Affordability Affordability refers to the capacity that all income levels have to access a “decent and adequate” housing unit within the housing market, either for rental or ownership. One measurement of affordable housing is the percentage of annual income that a household pays toward housing-related costs. The U.S. Department of Housing and Urban Development (HUD) defines “Cost Burdened” as when a household spends more than 30% of their income on housing costs. However, for some State programs the burden could be up to 35% depending on a specific household’s capacity. A household that pays more than 50% of its annual income toward housing costs is considered by HUD to be “Severely Cost Burdened.” According to the Shimberg Center for Affordable Housing and Florida Housing Data Clearinghouse, in 2020, 41% of the City’s households pay more than 30% of their income for housing. By comparison, 35% of households statewide are cost-burdened. Approximately 19% of the City’s households pay more than 50% of income for housing. The City of Clearwater’s Comprehensive Plan defines affordable housing in Policy C.1.2.5 of the Housing Element: “C.1.2.5 – Define Affordable Housing as any residential dwelling unit leased or owned by a household with a household income of one hundred twenty percent (120%) or less of the adjusted area median family income for Pinellas County, Florida, as determined by the U.S. Department of Housing and Urban Development (HUD). The rental rates for leased Workforce Affordable Housing Units shall not exceed the rates published by the Florida Housing Finance Corporation for annual “Maximum Rents by Number of Bedroom Unit” for the Tampa-St. Petersburg-Clearwater Metropolitan Statistical Area (MSA). For non- rental units, the sales price may not exceed ninety percent (90%) of the average area price for the Tampa-St. Petersburg-Clearwater MSA, as established by the annual revenue procedure which provides issuers of qualified mortgage bonds, as defined in Section 143(a) of the internal Revenue Code, and issuers of mortgage credit certificates, as defined in Section 25(c) of the Internal Revenue Code, with the nationwide average purchase price for the residences located in the United States.” B.2 Barriers and Incentives According to HUD, a regulatory barrier is "a public regulatory requirement, payment, or process that significantly impedes the development or availability of affordable housing without providing a commensurate health and/or safety benefit."2 Understanding barriers is the first step to transform them into incentives for the supply of affordable housing. The AHAC conducted a comprehensive overview of 2 Stowell, C; Shelburne, M. (2004). Responding to HUD's Affordable Communities Initiative: Will It Make a Difference? The Practitioner Planner, American Planning Association, Winter 2004. Appendix Economic Development & Housing Department affordable housing barriers to understand potential relationships of what, from the City’s perspective, could be done to incentivize the supply of affordable housing. This comprehensive approach helped the AHAC to look beyond the analysis required by Section 420.9076, F.S. and to prioritize recommendations. In that sense, the recommendations of the AHAC targeted areas and barriers within the domain of the City of Clearwater’s basic responsibilities: provide policy direction through the City’s Comprehensive Plan; provide incentives through the Community Development Code; and facilitate information and the permitting process. Chart 1 summarizes potential barriers to affordable housing. Chart 1: Affordable Housing Barriers Appendix Economic Development & Housing Department B.3 Issues in Supplying Affordable Housing Built-out communities, such as Clearwater, have pressures for the provision of affordable housing due to increased land values; the limited availability of vacant developable land; skyrocketing construction costs due to demand for building material supplies; and labor outpacing supply. In addition, other costs of home acquisition (i.e., property taxes and insurance) create a financial burden for citizens. Beginning in 2008 and most recently in 2017, the AHAC identified the most significant issues for the provision of affordable housing in the City. The following summarizes the significant issues that are still relevant in 2020: • Lack of available land, density, and diversity of housing types. Because the City of Clearwater is mostly built-out, affordable housing development opportunities are limited due to the lack of available land. This places a priority on density and parking allowances, which offset the lack of available land. Although the City currently maintains a density bonus and parking waiver for affordable housing, these incentives need to be reconsidered as part of the City’s Comprehensive Plan update. To help improve the perception of affordable housing and support the diverse needs of residents, such incentives need to promote mixed-income development at sufficient density to be viable. Moreover, policies that allow for a diversity of housing types, including “missing middle” and accessory dwelling units are also a priority toward this end, as well as toward improving the public perception of affordable housing. • Lack of information about the permitting process for affordable housing projects. The overall permitting process is perceived as tedious, in part due to various review levels and related requirements that may add time to a project. To facilitate permitting of affordable housing, the City of Clearwater has an expedited permitting form titled, “Request for Expedited Permit Processing for Affordable Housing Activity” and corresponding process that when utilized quickly expedites permitting. However, few applicants are aware of this form. Although the City maintains a brochure describing the general development review and permitting process, the brochure is not specific to affordable housing. These barriers can be addressed by better advertisement of the form and creation of a brochure specific to affordable housing. This information should be made available in conjunction with an improved webpage design to elucidate the City’s affordable housing incentives, financing options, and review and permitting process. • Complex Homebuyer Financing/Financial Assistance. The inability of homebuyers to qualify for large-enough mortgages is a barrier in the City of Clearwater. Layered financing and other strategies to match prospective homebuyers with affordable housing is becoming more common practice due to the high cost of housing. This barrier is currently addressed by subsidies such as down payment assistance; however, as housing costs continue to rise, qualifying for a mortgage becomes less achievable. Consequently, options within the affordable housing market (large units vs. small units, amenities, etc.) become more limited and more competitive. Homebuyer education is needed, particularly for realtors, so that financing options can be identified early-on. Appendix Economic Development & Housing Department • Limited information on City’s affordable housing incentives and programs. Although many affordable housing incentives are available in the City of Clearwater, few residents and developers are aware of these incentives. There is a need for improved marketing and communications regarding affordable housing, its benefits, and the incentives already provided by the City or through its housing partners. Technology should be leveraged to facilitate information sharing by links, videos, or virtual meetings and to remove the need for hard-copy submittals and in-person attendance. An improved webpage design to clearly explain the City’s affordable housing incentives, financing options (e.g. grant programs), and review and permitting process would be beneficial to developers both experienced and new to affordable housing. • Public perception of affordable housing developments. There is a public perception that affordable housing in the City of Clearwater, whether a full-scale development or a single accessory dwelling unit, will have a negative impact on neighborhoods. As such, better public education about the benefits of, and opportunities for, affordable housing in the community is needed. Such education should emphasize that affordable housing is not limited to “low- income” housing but includes workforce housing and a diversity of housing types to support a mix of income levels and diverse resident needs. Affordable housing supports “essential workers” and is good for the City. Appendix Economic Development & Housing Department APPENDIX C: Values, Principles and Vision C.1 The Value of Affordable Housing The AHAC discussed and confirmed the value that affordable housing brings to the City’s development. The AHAC found that affordable housing in the City of Clearwater: A) Supports a dynamic and competitive economy. There is an intrinsic relationship between a dynamic economy and affordable housing. The existence of affordable housing units is a variable that supports business location thus job creation. The City, which is nearly built-out, has the opportunity to capitalize on its existing urban fabric through urban renewal and infill development. Such investment in the City would have positive impacts on the local economy and increase Clearwater’s ability to compete with other cities. B) Improves social well-being and build sense of community. Housing is a fundamental human need. Consideration of social well-being, including long-term housing stability, is imperative for the future of the City. There is a need for improved job opportunities, as well as for a simple, understandable process for achieving housing, especially for those in low to moderate-income households. Education and motivation for home ownership are also important aspects of the City’s future. C) Ensures that the City’s workforce can live within the City. There is a growing need for affordable “workforce” housing within the community, specifically for police, fire, and other service employees. There is also a need to draw the workforce back into the City to reduce commute distances, to reduce crime, and to restore a sense of pride in the community. C.2 Principles for Clearwater’s Affordable Housing The AHAC discussed and confirmed the principles that the provision of affordable housing in the City of Clearwater should embrace. The AHAC found that affordable housing in the City of Clearwater should be: 1) Affordable over the long-term. Affordable housing is readily available, and reasonably priced; mortgage rates for affordable housing are structured to allow people to keep their homes over the long-term and allow people to age in place. Rental rates for affordable housing are fair and reasonable; and the cost of maintaining a home (e.g. fees, maintenance, etc.) is practical. 2) Diverse supply that provides for a mix of income levels and the diverse needs of residents. Affordable housing is comprised of diverse unit types that support a mix of income levels and the diverse needs of residents, incorporating rental and ownership opportunities. 3) Sustainable, well-designed and minimizes physical barriers to accessibility. Appendix Economic Development & Housing Department Affordable housing uses innovative and sustainable materials and technologies. Its design is aesthetically pleasing and blends into the architectural fabric of the community. Structures are safe, functional and aesthetic. Floor plans are designed for “living” and construction materials, including fixtures, are energy efficient. 4) In character with the surrounding neighborhood. Affordable housing is sited in a manner that enhances the existing character of neighborhoods and provides safe open spaces. Public spaces are visible but well-landscaped so as to blend into the context of the neighborhood. Fences or other barriers are architectural and transparent. 5) Strategically located and pedestrian-oriented with access to mass transit, open spaces, educational institutions, and employment or workforce training opportunities. Affordable housing is located near civic centers, educational institutions, and employment opportunities. Residents enjoy pedestrian-oriented facilities with access to mass transit and open spaces. C.3 Vision In order to develop a vision for affordable housing as part of the Local Housing Incentive Strategies, the AHAC summarized the value of providing affordable housing for the City as well as the principles. The following statement summarizes the AHAC’s vision of affordable housing for the City: The City of Clearwater will encourage the development of a diverse supply of housing that is safe, affordable, sustainable, and well-designed that blends into the character of all the City’s neighborhoods proximate to public amenities and employment opportunities, which supports an inclusive community and the diverse needs of residents. Appendix Economic Development & Housing Department APPENDIX D: Advisory Committee Meeting Summaries D.1 AHAC Meeting #1, October 12, 2021 2021 Update of Local Housing Incentive Strategies AHAC Meeting #1 | October 12, 2021 | 8:30 a.m. Council Chambers, Main Library (100 N Osceola Ave., Clearwater FL) MEETING SUMMARY An 11-member Affordable Housing Advisory Committee (AHAC) representing various affordable housing interests, was appointed by the City Council on September 2, 2021 to evaluate and update the 2020 LHIS report. The first meeting with the AHAC was held on October 12, 2021 at Council Chambers, Main Library (100 N Osceola Ave.) Nine (9) AHAC members and seven (7) City Staff were in attendance. AHAC Members:  Pierre Cournoyer Representative of the residential home building industry  Linda Kemp Representative of the banking or mortgage industry in connection with affordable housing  Kathleen Beckman A locally elected official (City Councilmember)  Michael Boutzoukas Member serving on the local planning agency  Lindsay Dicus-Harrison Representative of those actively engaged in real estate profession in connection with affordable housing  Carmen Santiago Resident of the City of Clearwater  Camille Hebting Representative of employers within the City of Clearwater  Kevin Chinault Representative of a not-for-profit provider of affordable housing  Maria (Gaby) Camacho Representative of those areas of labor engaged in home building in connection with affordable housing City Staff:  Denise Sanderson City of Clearwater, Economic Develop & Housing Director  Charles Lane City of Clearwater, Economic Develop & Housing Assistant Director  Gina Clayton City of Clearwater, Planning and Development Director  Kara Grande City of Clearwater, Housing Specialist  Terry Malcolm-Smith City of Clearwater, Housing Coordinator  Gabe Parra City of Clearwater, Community Development Coordinator  Robert Napper City of Clearwater, Public Information Coordinator Jacqueline Rivera, representing Essential Services Personnel, and Pete Scalia, representing Low- Income Persons in Connection with Affordable Housing, were not in attendance. The meeting was called to order. 2.1 – Presentation of Improvements made to the Housing Division webpage Appendix Economic Development & Housing Department The 2020 LHIS, Section 2.2.3 Communication and Marketing of Affordable Housing recommended improvements to the city’s Affordable Housing webpage. Charles Lane, Asst Director of Economic Development and Housing walked the committee through the updates made to the Affordable Housing and Community Development web pages including resource pages for residents, businesses, developers and contractors, lenders and title agents, and public services providers. Committee Discussion: The committee expressed an interest in knowing how often people are directed to the webpage, how many people visit per day and if the number of site visits changed after the update. Robert Napper from the city’s Public Communications Department will get that information for the next meeting. The actual availability of housing at the public housing locations listed was also discussed. Additional suggestions include: 1) a disclaimer that availability is not guaranteed and is based on income, 2) links to the different housing agencies and their phone numbers, and 3) Resources on the website need to be shared on a regular, frequent basis. The committee will take a deeper dive into the website and their comments for the next meeting. 2.2 – Review and Discuss updates to the city of Clearwater’s Local Housing Incentive Strategy The AHAC must convene annually instead of once every 3 years. A locally elected official must also be on the committee. The duties of the AHAC were summarized. The AHAC is tasked with reviewing policies, procedures, ordinances, land development regulations, the city’s Comprehensive Plan and anything else under the city’s control that might affect the cost or difficulty in developing affordable housing. The AHAC’s role is to make recommendations to Council to implement strategies that will reduce barriers or incentivize developers to build affordable housing. The recommendations are summarized in the Local Housing Incentive Strategy report. This report is presented to Council for their adoption. The updates from the 2020 report will be summarized in a strike through and underlined form. There will be three (3) public meetings in total, each advertised accordingly. The 2nd meeting is scheduled for November 9, 2021; and the 3rd and final meeting, a public hearing, is scheduled for November 30, 2021. During this final meeting, the AHAC will be asked to approve the final report and to submit a recommendation to City Council to adopt the report. Six (6) board members are required for a quorum. The final report will be submitted to City Council on December 2, 2021. If the process is delayed by unforeseen circumstances, the report may be submitted to City Council on December 16, 2021. The committee was reminded of the definition of affordable housing and the income limits were presented for the current year. The committee discussed the issue we have where many people making below 80% of Area Median Income (AMI) cannot qualify for a mortgage. Asst Director Lane explained that the city increased the amount of down payment assistance provided, from $20,000 to $45,000 in order to help more households. While helpful, there are still many issues facing households with these income limits. We have very limited funds to assist those at the 80%-120% AMI level and we don’t anticipate that Appendix Economic Development & Housing Department changing. Because the costs of building and buying a home has increased so much, it is very difficult to serve anyone at 30% to 50% in order to keep their mortgage/rent payments at 30% of their income. What can we do to assist families at 30-50%? NOAH - Naturally occurring affordable housing was discussed. NOAH rents are naturally lower because of the design, unit size, age, lack of amenities, etc. If policy change can be made to encourage NOAH, this is where we can move the needle the most to influence change in how developers decide what type of housing product to build. The incentive strategies we are going to discuss today are based on the values and principles and vision confirmed in the 2020 LHIS report. Values: A. Supports a dynamic and competitive economy B. Improves social well-being and builds a sense of community C. Ensures that the City’s workforce can live within the City Principles: 1. Affordable over the long-term 2. Diverse supply that provides for a mix of income levels and the diverse needs of residents 3. Sustainable, well-designed and minimizes physical barriers to accessibility. 4. In character with the surrounding neighborhood 5. Strategically located and pedestrian-oriented with access to mass transit, open spaces, educational institutes and employment or workforce training opportunities No motion was made to change the values and principles codified in last year’s plan. Vision: The City of Clearwater will encourage the development of a diverse supply of housing that is safe, affordable, sustainable, and well-designed, that blends into the character of all the City’s neighborhoods proximate to public amenities and employment opportunities, which supports an inclusive community and the diverse needs of residents. “all” was added to support the idea that residential housing can be allowed in areas not zoned residential but anywhere so people can choose to live anywhere not just limited to areas of the city that are targeted toward low income. It’s been proven that when you mix income you have a more successful community. We should also address aging in place as a principal priority. Section C2.1. Incentive Strategies: 2.1.1 - Expedited Review Process Add reference to 7 working days, or less, for affordable housing approval. Charles Lane/Gina Clayton to draft language for Recommendation 1.1 Appendix Economic Development & Housing Department 2.1.2 Modification of Fees  Charles Lane to provide policy on how the Housing Division can provide financial assistance w/impact fees.  Parks & Recreation does not currently reduce impact fees for affordable housing. Charles Lane to provide update at meeting #2 about negotiations with Parks & Recreation to reduce impact fees for affordable housing.  Do other cities use general funds or funds from other sources to help offset impact/permitting fees? Charles Lane is waiting for that information from Pinellas County and will share at next meeting. Specific Recommendations: Add # of days for permitting and reference to the parks & recreation modification of impact fee and mention the alternative funding source assisting with impact fees. 2.1.3 Flexible Densities Continue following recommendations from the 2020 LHIS report with no changes 2.1.4 Infrastructure Capacity Continue following recommendations from the 2020 LHIS report with no changes. The City is so built out infrastructure exists almost everywhere for affordable housing projects. 2.1.5 Accessory Dwelling Units Discussion ensued around the issue with parking standards being the biggest challenges to ADUs. City regulations allow ADUs, but the limitations and the requirements disqualify the vast majority of lots for ADU approval. The lots that can have them are few and far between. We are updating our comprehensive plan, and this is a main topic. The City intends to support it, but community discussion must be had. Parking is a big issue – with 2 units on a lot, there are more cars, do we allow them on the street? We are trying to expand the allowability of ADUs. Staff may discuss at a City Council meeting in November; if so, staff will provide notice to AHAC members for those interested in attending. Continue following recommendations from the 2020 LHIS report with no changes 2.1.6 Parking Reductions Continue following recommendations from the 2020 LHIS report with no changes 2.1.7 Flexible Lot Configurations Continue following recommendations from the 2020 LHIS report with no changes 2.1.8 Modification of Street Requirements Continue following recommendations from the 2020 LHIS report with no changes 2.1.9 Pre-Adoption Policy Consideration Charles Lane discussed how new policies that may impact affordable housing are discussed. Continue following recommendations from the 2020 LHIS report with no changes Appendix Economic Development & Housing Department 2.1.10 Inventory of Public Lands An update to the city’s list of city-owned properties available for affordable housing is due in June of 2022. Mr. Lane reviewed the list and discussed the current status of each property. Mr. Lane also discussed how the City ends up with properties that were foreclosed on for code violations. Staff intends to provide a draft Lot Disposition Policy by next meeting for the AHAC’s consideration as an incentive policy. The City wants all capable affordable housing developers to be aware of opportunities so we can vet all proposals. NAHAB will have an active role in this process. Continue following recommendations from the 2020 LHIS report with no changes 2.1.11 Proximity to Transportation, Employment & Mixed-Use Development Continue following recommendations from the 2020 LHIS report with no changes Appendix Economic Development & Housing Department Additional Incentives 2.2.1 Adaptive Reuse Continue following recommendations from the 2020 LHIS report with no changes 2.2.2 Land Development Code Continue following recommendations from the 2020 LHIS report with no changes 2.2.3 Communication and Marketing of Affordable Housing Update recommendation 14.1  Partner with the Chamber of Commerce AMPLIFY Clearwater and others to broadly promote the benefits of, and opportunities for, affordable housing development in the City.  Include a section on the City’s webpage called “Affordable Housing & Community Development specifically dedicated to the promotion of affordable housing. Agenda with NAHAB the discussion of the metrics of websites. You need to drive people to the website, not just have one. We must market it. Do we want to add a bullet point that talks about promoting the website without relying on 3rd parties or partners? Discussion about using affordable housing vs workforce housing. 2.2.4 Financing Continue following recommendations from the 2020 LHIS report with no changes 2.2.5 Partnerships Gaby Camacho shared a story about how Habitat did an experiment in St Petersburg with 3 other organizations where they mentored and partnered with them and walked them through the process of building an affordable home and it was extremely successful. They ended up building 9 homes. Update recommendations for 16.1  Bullet 2: Encourage partnerships between current and new affordable housing developers for mentoring and technical training. Future action: Figure out where to put partnerships/subsidy for solar and other sustainable elements. Can we revise a current or do we need to add a new one? Next meeting is scheduled for November 9, 2021 Appendix Economic Development & Housing Department D.2 AHAC Meeting #2, November 9, 2021 2021 Update of Local Housing Incentive Strategies AHAC Meeting #2 | November 9, 2021 | 9:00 a.m. Council Chambers, Main Library (100 N Osceola Ave., Clearwater FL) MEETING SUMMARY An 11-member Affordable Housing Advisory Committee (AHAC) representing various affordable housing interests, was appointed by the City Council on September 2, 2021 to evaluate and update the 2020 LHIS report. The second meeting with the AHAC was held on November 9, 2021 at Council Chambers, Main Library (100 N Osceola Ave.) Seven (7) AHAC members and seven (7) City Staff were in attendance. AHAC Members:  Pierre Cournoyer Representative of the residential home building industry  Kathleen Beckman A locally elected official (City Councilmember)  Lindsay Dicus-Harrison Representative of those actively engaged in real estate profession in connection with affordable housing  Kevin Chinault Representative of a not-for-profit provider of affordable housing  Maria (Gaby) Camacho Representative of those areas of labor engaged in home building in connection with affordable housing  Pete Scalia Representative of Low-Income Persons in Connection with Affordable Housing  Linda Kemp Representative of the banking or mortgage industry in connection with affordable housing City Staff:  Denise Sanderson City of Clearwater, Economic Develop & Housing Director  Charles Lane City of Clearwater, Economic Develop & Housing Assistant Director  Gina Clayton City of Clearwater, Planning and Development Director  Kara Grande City of Clearwater, Housing Specialist  Terry Malcolm-Smith City of Clearwater, Housing Coordinator  Gabe Parra City of Clearwater, Community Development Coordinator Michael Boutzoukas, a member serving on the local planning agency; Jacqueline Rivera, representing Essential Services Personnel, Carmen Santiago, a Clearwater resident and Camille Hebting, representing employers within the City of Clearwater, were not in attendance. Appendix Economic Development & Housing Department Meeting minutes from AHAC Meeting #1 on October 12, 2021 were approved. Charles Lane began his presentation by summarizing the results of the last meeting. There are 11 Strategies the AHAC must consider. The committee agreed to move forward with nine (9) recommendations as they existed in the 2020 LHIS. There were changes recommended for two (2) of the elements and some minor changes to the Values/Principles/Vision statements. Values/Principles/Vision – Appendix C C.2 Principles for Clearwater’s Affordable Housing – Section 1 “Affordable over the Long Term” Reference was added for support of allowing people to age in place. The committee agreed to the recommendation. C.3 Vision The word “all” was added to the vision. The committee agreed to the recommendation. The following summarizes the changes that were proposed to two (2) of the 11 Strategies the AHAC reviews. 2.1.1 Expedited Review Process During Meeting #1, changes were proposed to Recommendations 1.1, 1.2 and 1.3. The changes were reviewed and approved by the committee. Discussion: The issue was raised that not all property owned by the City of Clearwater is on the Affordable Housing Inventory list. Mr. Lane explained that many times lots are excluded because of zoning. For example, the City owns many lots that are zoned Open Space/Recreation (OSR). A change of use within this zoning district requires approval by voter referendum and the political will isn’t necessarily there to eliminate green space. Some properties are zoned IRT. These properties are held for development that would facilitate job growth. We may consider a change of use for these lots for a really good affordable housing project. The Committee will review the City-owned lots more extensively at NAHAB next year. The committee discussed a density boost for projects based on how many units are affordable. The committee agreed this was something they would like to consider. They wanted to know what other municipalities are doing regarding density boosts and felt strongly that Clearwater should lead. We will add this to recommendations for the next meeting. The committee asked about our statistics for affordable housing. How many do we build each year, on average? Can the City make these statistics available on the website so we can track if we are meeting our goals, exceeding them or falling short? Mr. Lane will make this data available for the next meeting. Appendix Economic Development & Housing Department What projects are currently in the planning stages? Mr. Lane discussed a few of the multifamily housing projects currently in the planning stages and the various affordability periods that come with the different funding sources we use. The idea was proposed that the City host a symposium for developers and present everything we have to offer to support affordable housing development including tax credit programs, incentives, density boosts, and the lots available for affordable housing. Mr. Lane will bring this idea to the next Housing Compact meeting. The planning stage of new North Greenwood CRA is underway. We are waiting for that process and related public engagement to take place prior to making land use decisions with properties in that area. We need public feedback on those lots. 2.1.2 Modification of Fees The changes proposed to recommendations 2.2, 2.3 and 2.4 were reviewed and approved. Discussion: Mr. Lane advised the committee that the Parks & Recreation Department is likely to recommend waivers for three (3) impact fees they currently charge affordable housing projects. Discussions are in progress. There is also some interest in a short-term fee waiver for North Greenwood CRA area to encourage development. These incentives should be finalized by the time we meet next year. The committee wondered about the budget impact if we waive these impact fees on an annual basis. Pierre Cournoyer asked the City to consider getting rid of the tree replacement fee for affordable housing projects as it can present quite an expense for a developer. Chuck Lane will discuss this idea with Gina Clayton and advise the committee at the next meeting. We can agenda this subject for next year’s AHAC if it remains unresolved. New incentives: Two new incentives were proposed for the 2021 LHIS Report. #1 Create an Equitable/Transparent Process for Disposition of City-Owned Lots Suitable for Affordable Housing A draft policy was emailed in advance to the AHAC Committee for members to review. The goal of this policy is to establish a clear and transparent process for disposition by sale or donation of appropriate City-owned lots to developers for the creation of affordable housing. Currently there is a first come/first served process in place. The new policy seeks the establishment of a small committee to choose lots for disposition, seek proposals from developers for the lots, then review/score the proposals to determine the best ideas for the property. Nonprofit developers will be included as well as minority and small Appendix Economic Development & Housing Department developers. We will advertise on the city’s website and reach out directly to those that we know are interested. The Committee agreed that this would be a new incentive. #2: Evaluate the feasibility of reducing/paying fines for municipal code liens Within the City there are several properties that cannot be purchased without paying code liens. The City could reduce these liens to administrative costs only and use city funds to pay these, if available, opening more properties for affordable housing development. The Committee agreed that this would be a new incentive. This concluded the official presentation. Any old/new business to discuss? The issue of how to encourage energy efficient development was raised. Clearwater’s Greenprint 2.0 was adopted by City Council in 2021 and establishes a vision and goals for achieving a vibrant and sustainable community. One of the goals is to achieve a 20% reduction in energy costs for low-income residents through the installation of items like roof top solar on homes of 1000 low-income residents by 2030. How can AHAC work to make that happen? The committee encouraged adding scoring criteria for energy efficient items into the new Lot Disposition Policy. Chuck Lane will meet with Sheridan Boyle, Sustainability Coordinator, to discuss how to incorporate green building incentives and/or requirements into the city’s affordable housing programs. The ideas generated from the discussion will be presented during an upcoming NAHAB meeting. The City partnership with AMPLIFY Clearwater was raised. How, specifically, will AMPLIFY work to promote the benefits of and opportunities for affordable housing development in the City? What support do we envision from the organization? Chuck Lane will discuss the particulars with AMPLIFY and advise the committee of the outcome. The Committee Chair offered members of the public to make comment or ask question; however, no citizens took advantage of the opportunity. The next meeting will be Tuesday November 30, 2021 at 9:00 AM in Council Chambers. If schedule conflicts among AHAC members challenge our ability to have a quorum, the meeting will be scheduled for a different day. Meeting #2 of the 2021 AHAC Committee adjourned at 10:10 AM. Appendix Economic Development & Housing Department APPENDIX E: Summary of AHAC Recommendations The following summarizes the AHAC’s updated recommendations as outlined in Section II of the LHIS report. The AHAC reviewed the City’s current practices and met on December 15, 2020, to hear the following recommendations to incentivize the provision of affordable housing. Once approved by the AHAC, the recommendations were presented to City Council on December 17, 2020. E.1 Expedited Review Process Recommendation 1.1 Continue to use the “Request for Expedited Permit Processing for Affordable Housing Activity” form to fast-track affordable housing projects. Projects submitted with this form will receive first priority during the permit review process. Continue to strive to complete reviews of single-family permit reviews within four days of the initial submittal and within three days of all subsequent submittals. Recommendation 1.2 The Assistant Director of Economic Development & Housing and Permit Manager should continue to be the primary and secondary points of contact when submitting affordable housing projects. Through close coordination, these two staff positions should:  Create and oversee an affordable housing “One Stop Streamline Permitting Process.”  Act as a liaison between the developer and all departments involved in the review and permitting process.  Organize and participate in the pre-application meetings.  Provide necessary information and forms to the developer to avoid delays during the application and review process.  Create a process and definitive project requirement checklist for affordable housing projects for each level of review and stage of permitting.  Create a definitive but feasible review timeline for affordable housing projects considering variables such as the type, size and impact in the community depending on the level of review and stage of permitting.  Release to the applicant and all City departments involved at once, written statements for additional requirements and project determinations.  Track the review process through the City’s online ePermit system.  Report to the developer the status of the application. Recommendation 1.3 Continue to improve customer service toward potential project applicants by:  Maintaining a positive attitude  Offering a quick response time via email or phone calls  Making available project requirements and forms  Providing a list of potential mentors experienced in affordable housing development Appendix Economic Development & Housing Department  Utilizing new technology to enhance administrative efficiencies and to educate developers about the City’s affordable housing incentives and permitting process by means of link sharing, web forms, videos/webinars, virtual meetings/forums, and other tools Recommendation 1.4 Publish a brochure or other informational handout in a prominent location on the City’s Affordable Housing webpage that explains the City's development approval and permitting process to developers, including but not limited to:  Relationship between City and County policies and the regulation of land use, density, and intensity  City-sponsored incentives for affordable housing such as the "Request for Expedited Permit Processing for Affordable Housing Activity" form, Affordable Housing Density Bonus, Parking Reductions, and Nonconforming Exemption for Affordable Housing Recommendation 1.5 Encourage affordable housing developers of single-family homes to submit frequently used template plans for pre-screening by the Building Official to further expedite the staff permit review process. E.2 Modification of Fees Recommendation 2.1 Coordinate with Pinellas County, as feasible, regarding data-based rate flexibility within the multi-modal impact fee to support the provision of affordable housing. Recommendation 2.2 Continue to assess the financial, legal, and administrative feasibility of reducing, refunding, or redefining (by unit size) the costs of impact fees and/or permitting fees related to the development of affordable housing. Recommendation 2.3 The Planning & Development Department will recommend amending the fee Schedule of Fees Rates and Charges ordinance to provide for a reduction in the Plan Review and Permit Fees for single-family homes. Recommendation 2.4 The Economic Development & Housing Department will develop a policy to assist with the payment of Plan Review and Permit Fees and impact fees utilizing state and federal funds designated for affordable housing. E.3 Flexible Densities Recommendation 3.1 Continue to provide allowance of density flexibility for affordable housing developments. Recommendation 3.2 Maintain specific parameters to grant density flexibility for affordable housing projects as allowed in the Community Development Code within the different zoning districts. Appendix Economic Development & Housing Department Recommendation 3.3 Continue to define the density allowance for an affordable housing project as part of a pre-application meeting prior to formal submission of the civil/site engineering requirements. E.4 Infrastructure Capacity We do not recommend that the City of Clearwater include the reservation of infrastructure capacity for housing for very-low-income persons, low-income persons, and moderate-income persons as an incentive for the provision of affordable housing. E.5 Accessory Dwelling Units Recommendation 5.1 Continue to allow for accessory dwelling units in nonresidential zoning districts as described within the City’s Community Development Code. Recommendation 5.2 Revisit with City Council Comprehensive Plan Policy C.1.1.2 and Policy C.1.1.8 to consider allowing one accessory dwelling unit on a residential lot of any size provided that certain criteria are met. Such criteria may include:  Maximum unit size, parking standards, setback, and height requirements to facilitate review and to ensure neighborhood compatibility, which may be presented using a pattern book or similar means to expedite approval.  Occupancy/tenure requirements so that the principal dwelling unit remains owner-occupied, the accessory dwelling unit is not used for short- term rental, and the number of occupants is limited to that which is reasonable for the unit size. Recommendation 5.3 Expand the definition of accessory dwelling unit to include tiny homes and other alternative unit types to incentivize unconventional solutions to address affordable housing needs within existing neighborhoods. E.6 Parking Reductions Recommendation 6.1 Continue to allow flexible setback requirements for affordable housing developments. Recommendation 6.2 Continue to tie reductions of off-street parking requirements to proximity and access to alternative modes of transportation, including transit, sidewalks, trails, or other options. E.7 Flexible Lot Configurations Recommendation 7.1 Continue to allow flexible lot configurations for affordable housing developments while remaining sensitive to the character and context of existing neighborhoods. Appendix Economic Development & Housing Department E.8 Modification of Street Requirements Because such standards are in place to benefit public health and safety, we do not recommend that the City utilize the modification of street requirements as an incentive for affordable housing. E.9 Pre-Adoption Policy Consideration Recommendation 9.1 As part of its annual reporting, the Economic Development & Housing Department should continue to review all regulations and ordinances that may affect the cost of housing. Recommendation 9.2 Continue the review process maintained by the Senior Executive Team through which any new regulatory instrument created in the City (Ordinances, regulations, etc.) can be evaluated for its effect on housing affordability. E.10 Inventory of Public Lands Recommendation 10.1 The Economic Development & Housing Department should continue to maintain the inventory of publicly-owned land suitable for the development of affordable housing. Recommendation 10.2 Continue to publish the public land inventory owned by the City for affordable housing on the City’s webpage for prospective developers and non-profit agencies for developing affordable housing. Recommendation 10.3 Continue to make publicly-owned land available to prospective developers and non-profit agencies for developing affordable housing. Recommendation 10.4 The Economic Development & Housing Department should coordinate with the Planning & Development Department to identify properties having repeat code violations that may be suitable for rehabilitation, acquisition, or demolition for affordable housing. Recommendation 10.5 Develop a new policy/procedure for distribution of city owned lots. Consider including energy efficient items into the scoring matrix to support environmentally friendly development in partnership with the Green Print 2.0 timeline.. E.11 Proximity to Transportation, Employment & Mixed-Use Development Recommendation 11.1 The City should maintain and implement Future Land Use Element policies A.2.2.7; A.5.4.4; A.5.4.7; A.6.8.7; A.6.10.8; and C.1.4.2 of the City’s Comprehensive Plan. Appendix Economic Development & Housing Department E.12 Adaptive Reuse Recommendation 12.1 Continue to allow “adaptive reuse” involving the conversion of surplus and/or outmoded buildings including old churches, school buildings, hospitals, train stations, warehouses, factories, etc. to mixed uses where permitted by zoning district. E.13 Land Development Code Recommendation 13.1 Continue to encourage developers to address recommended design standards for affordable housing developments consistent with Sec. 3-920.A.3.c.i-iii. of the City of Clearwater Community Development Code. Other criteria could include but are not limited to:  Provide direct and visual access to open space for residents.  Consider play areas when developing family housing.  Provide nighttime outdoor illumination for safety.  Use landscape standards and buffers when required to screen nuisances and to separate public and private areas.  Centrally-locate common facilities.  Use Crime Prevention Through Environmental Design (CPTED) when practical and financially feasible.  Comply with Federal and State requirements for accessibility improvements. E.14 Communication and Marketing of Affordable Housing Recommendation 14.1 Continue to improve current communication channels and marketing materials to reach different stakeholders interested in affordable housing. Some of the suggested actions include but are not limited to:  Conduct an educational campaign, in conjunction with regular City communications, to rebrand affordable housing as workforce housing that supports the diverse needs of residents through a variety of unit/product types compatible with the City’s neighborhoods.  Partner with the Chamber of Commerce to broadly promote the benefits of, and opportunities for, affordable housing development in the City.  Prepare marketing materials for the general public in order to promote the different housing programs that the City offers, including homebuyer education and down payment assistance to support homeownership.  Prepare marketing materials that help developers and the general public to understand the application criteria, permitting process, and the number of incentives available for rehabilitation and new construction of affordable housing units in the City. Appendix Economic Development & Housing Department  Make accessible to the public an inventory and a map of suitable residential vacant land available for development.  Include a section on the City’s webpage called, “Affordable Housing & Community Development,” specifically dedicated to the promotion of affordable housing. E.15 Financing Recommendation 15.1 Diversify financial strategies to contribute to the new construction and maintenance of affordable housing. Recommendation 15.2 Evaluate the feasibility of reducing/paying code violation liens on lots suitable for affordable housing development. E.16 Partnerships Recommendation 16.1 Develop public and private partnerships for the provision of affordable housing:  Prepare, advertise, and maintain an inventory of affordable housing providers/developers and any other related organization.  Encourage partnerships between current and new affordable housing developers for mentoring and technical training.  Encourage and support joint development opportunities between the private sector and non–profits to develop affordable housing.  Engage lenders in an ongoing discussion with the City relative to underwriting and credit standards, technology solutions, as well as the development of financial products in an effort to maximize the financing options available to potential first-time homebuyers through conventional and other lenders.  Coordinate with Pinellas County joint programs for the provision of affordable housing, including the Pinellas County Countywide Housing Strategy and Advantage Pinellas Housing Compact.  Monitor, and encourage citizens to lobby for, the development of statewide legislative initiatives to gauge the local impact of their provisions.  Coordinate with the private sector and non-profits to provide homebuyer education, home warranties and other strategies that reduce the ongoing maintenance risk of homeownership.  Increase down payment assistance loan amounts to be viable for the homebuyer while remaining financially feasible for the continued operation of the City’s program.  Partner with the private sector and non-profits to address third-party barriers to affordable housing and to identify appropriate incentives to Appendix Economic Development & Housing Department reduce labor and material costs for developers and maintenance and insurance costs for homeowners. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-10048 Agenda Date: 12/13/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 3.2 SUBJECT/RECOMMENDATION: Approve the City of Clearwater’s Fiscal Year 2020-2021 Consolidated Annual Performance and Evaluation Report. (APH) SUMMARY: The Consolidated Annual Performance and Evaluation Report (CAPER) is the principal administrative report documenting the City’s expenditures for Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) programs to the U.S. Department of Housing and Urban Development (HUD). For Fiscal Year (FY) 2020-2021, the City’s entitlement allocation was $837,233 in CDBG and $431,344 in HOME program funds, $870,887 of Prior Year funds, $622,783 of Program Income and $1,145,000 in CDBG Revolving Loan funding for a total budget of $3,907,247 from federal funds. Through the CDBG and HOME program activities, total expenditures were $1,081,313 in FY 2020-2021. Funds not expended from this year’s budget will be programmed in future years. In addition to reporting activities carried out with federal money, a summary of activities conducted with the Florida State Housing Initiatives Partnership (SHIP) Program and Pinellas County Housing Trust Fund (PCHTF) Program is also included in the narrative section. For FY 2020-2021, SHIP fund expenditures totaled $457,083 and PCHTF fund expenditures totaled $50,183. The report provides HUD with necessary information for the Department to meet its requirement to assess each grantee’s ability to carry out relevant Community Planning and Development programs in compliance with all applicable rules and regulations. It also provides information necessary for HUD’s Annual Report to Congress and it provides grantees an opportunity to describe to citizens their successes in revitalizing deteriorated neighborhoods and in meeting objectives stipulated in their Consolidated Planning document. The City of Clearwater’s FY 2020-2021 CAPER contains information on the City’s assessment of the following activities: -Assessment of Four-Year Goals and Outcomes -Resources and Investments -Affordable Housing -Homeless and Other Special Needs -Public Housing -Other Actions to Address Barriers to Affordable Housing -Monitoring -CDBG Page 1 City of Clearwater Printed on 12/10/2021 File Number: ID#21-10048 -HOME A list of notable accomplishments utilizing federal, state and local funds for FY 2020-2021 include: -Provided four down payment & closing cost assistance loans totaling $160,000. This included a deferred loan for a very low-income household (below 50% of Area Median Income). -Assisted Community Service Foundation with the rehabilitation of two multi-family rental units with a total cost of $120,621. -Assisted Lexington Club at Renaissance Square with the rehabilitation of seven multi-family rental units with a total cost of $300,000. -Provided a total of $514,674 to three organizations for construction of four single-family homes. -Expended $288,161 for four Public Facilities projects. Facility improvements were made to the following: Homeless Emergency Project’s (HEP) Adult homeless shelter (Phases 3 & 4); RCS Pinellas’ Domestic Violence Shelter; Salvation Army’s Mallory Powell Social Services Campus and Directions for Living’s headquarters facility. -Expended $80,332 for operational support for 9 Public Service providers. Funds were used for case management for HEP’s Emergency Shelter Program; salary support for Kimberly Home’s Transitional Housing Program, Fresh Start Ministries & Mentoring, St. Vincent dePaul’s Community Kitchen & Resource Center, RCS Pinellas’ Grace House, GulfCoast Legal Services, Intercultural Advocacy Institute, and Pinellas Ex-offender Re-entry Coalition; and Case Management for WestCare-Florida’s A Turning Point facility. -Provided $57,675 for technical assistance services to Hispanic Business Initiative Fund of Florida, Inc. dba Prospera and Tampa Bay Black Business Investment Corporation that assisted 59 entrepreneurs and businesses. -Provided $5,110 to three organizations to deliver homebuyer education to assist 70 Clearwater residents: Clearwater Neighborhood Housing Services, Tampa Bay Community Development Corporation, and Bright Community Trust. -Contributed $100,000 through the city’s General Fund to Pinellas Safe Harbor; $50,000 to Homeless Emergency Project, Inc.; $25,000 to the Homeless Leadership Alliance; $40,000 to Pinellas Hope; $25,000 to Hope Villages of America (formerly RCS Pinellas); and $10,000 to The Salvation Army of Upper Pinellas. Overall federal, state and local funding assisted 5,800 persons and 84 households On December 14, 2021, the Neighborhood and Affordable Housing Advisory Board recommended City Council approval of the CAPER as written. The CAPER is due annually to HUD no later than December 31. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 12/10/2021 City of Clearwater, Florida December 16, 2021 2020/2021 Consolidated Annual Performance and Evaluation Report (CAPER) DRAFT CAPER 1 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-05 - Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year. The City of Clearwater is designated an Urban City and entitlement grantee of the Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME), which are administered federally by the U.S. Department of Housing and Urban Development (HUD). Additionally, the City of Clearwater participates in the State Housing Initiatives Partnership (SHIP) and Pinellas County Housing Trust Fund (PCHTF) programs to support affordable housing initiatives. The City’s most recent Five-Year Consolidated Plan for CDBG and HOME established seven (7) goals for the five-year planning period spanning federal Fiscal Years (FY) 2020/2021 – 2024/2025. This Consolidated Annual Performance and Evaluation Report (CAPER) provides reporting for the first year (FY 2020-2021) of the Five-Year Consolidated Plan. These seven (7) goals and the corresponding one-year goal outcomes are as follows: Goal 1: Program Administration – Administer the City of Clearwater’s federally funded grant programs to implement the goals of the Five-Year Consolidated Plan. During FY 2020-2021, the City of Clearwater continued to administer the Federal CDBG and HOME programs under its entitlement grants. Although there are no numerical outcomes to report for this goal, the City’s Federal allocation covered all program-related administrative expenses. Goal 2: Housing – Provide availability of and accessibility to decent affordable housing for the residents of the City of Clearwater. Objective: During FY 2020-2021, the City of Clearwater planned to assist 165 households with housing-related services; construct 26 rental units; rehabilitate 10 rental units; construct 26 homeowner units; rehabilitate 11 homeowner units; and assist 53 households with direct financial assistance such as down payment and closing costs. Outcome: The City assisted 70 persons with housing counseling, which met 42% of the total expected public services outcome for the Housing goal. The City also constructed one (1) homeowner housing unit (4% of goal). The City’s goal was to serve 165 households with housing-related public services, and 70 households ultimately received housing counseling during the program year in pursuit of that goal. Goal 3: Homelessness – Help to prevent and reduce homelessness within the City of Clearwater. Objective: During FY 2020-2021, the City of Clearwater planned to assist 5,800 homeless persons with public facility or infrastructure activities; 1,566 homeless persons with public service activities; and 800 homeless persons with overnight shelter. Outcome: The City assisted 442 homeless persons (8% of goal) with public facility or infrastructure activities; 360 homeless persons (23% of goal) with public service activities; and 152 homeless persons (19% of goal) with overnight shelter. CAPER 2 OMB Control No: 2506-0117 (exp. 09/30/2021) Goal 4: Non-Homeless Special Needs – Expand the accessibility and coordination of social services to City of Clearwater special needs populations. Objective: During FY 2020-2021, the City of Clearwater planned to assist 200 special needs persons with public facility or infrastructure activities and 80 special needs persons with public service activities. Outcome: The City assisted six (6) special needs persons (3% of goal) with public facility or infrastructure activities and 73 special needs persons (91% of goal) with public service activities. Goal 5: Community Development & Public Services – Enhance the living environment for persons in low- and moderate-income areas through community development activities, public service programs, and elimination of blight. Objective: During FY 2020-2021, the City of Clearwater planned to assist 8,475 persons with public facility or infrastructure activities; 175 persons with public service activities; and 30 households with housing-related services. Outcome: The City assisted 4,370 persons (52% of goal) with public facility or infrastructure activities; 346 persons (198% of goal) with public service activities; and 11 households (37% of goal) with housing-related services. Goal 6: Economic Development – Support programs that create economic opportunities in the City of Clearwater, particularly for persons of low and moderate income and in Neighborhood Revitalization Strategy Areas (NRSAs). Objective: During FY 2020-2021, the City of Clearwater planned to assist two (2) businesses with façade improvements and 54 businesses with microenterprise/entrepreneurial technical assistance. Outcome: The City assisted 59 businesses (109% of goal) with microenterprise/entrepreneurial technical assistance. Goal 7: Emergency/Disaster Response – Provide assistance prior to, during, and after a community emergency and/or disaster event to prepare for and/or mitigate loss, protect during an event, and aid with recovery. Objective: During FY 2020-2021, no activities were planned for emergency/disaster response. Outcome: No activities were funded for emergency/disaster response. This goal is intended to be invoked only upon urgent need. The City of Clearwater administered and delivered its federally funded CDBG and HOME programs during FY 2020-2021. Key efforts during the program year included the provision of public services for housing, homelessness, and special needs, production of new affordable housing units, provision of overnight shelter for homeless persons, and assistance to businesses. CAPER 3 OMB Control No: 2506-0117 (exp. 09/30/2021) Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals. Goal Category Source / Amount Indicator Unit of Measure Expected – Strategic Plan Actual – Strategic Plan Percent Complete Expected – Program Year Actual – Program Year Percent Complete Community Development & Public Services Non-Housing Community Development CDBG: $1,147,825.00 / HOME: $33,704.00 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit Persons Assisted 9,390 0 0.00% 8,475 4,370 51.56% Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 10,320 305 2.96% 175 346 197.71% Public service activities for Low/Moderate Income Housing Benefit Households Assisted 0 0 0.00% 30 11 36.67% Economic Development Non-Housing Community Development CDBG: $300,176.50 Facade treatment/business building rehabilitation Business 8 0 0.00% 2 0 0.00% Jobs created/retained Jobs 400 0 0.00% 0 0 0.00% Businesses assisted Businesses Assisted 1,000 65 6.50% 54 59 109.26% Emergency/ Disaster Response Emergency/ Disaster Response CDBG: $0.00 / HOME: $0.00 Other Other 0 0 0.00% 0 0 0.00% Homelessness Homeless CDBG: $1,369,555.00 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit Persons Assisted 2,815 0 0.00% 5,800 442 7.62% Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 2,815 438 15.56% 1,566 360 22.99% Homeless Person Overnight Shelter Persons Assisted 2,815 254 9.02% 800 152 19.00% Overnight/Emergency Shelter/Transitional Housing Beds added Beds 0 0 0.00% 0 0 0.00% Homelessness Prevention Persons Assisted 1,875 0 0.00% 0 0 0.00% Housing for Homeless added Household Housing Unit 30 0 0.00% 0 0 0.00% CAPER 4 OMB Control No: 2506-0117 (exp. 09/30/2021) Goal Category Source / Amount Indicator Unit of Measure Expected – Strategic Plan Actual – Strategic Plan Percent Complete Expected – Program Year Actual – Program Year Percent Complete Housing Affordable Housing Public Housing CDBG: $1,360,175.00 / HOME: $4,564,526.00 / SHIP: $3,617,026.00 Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 0 70 0.00% 0 0.00% Public service activities for Low/Moderate Income Housing Benefit Households Assisted 0 0 0.00% 165 70 42.42% Rental units constructed Household Housing Unit 95 0 0.00% 26 0 0.00% Rental units rehabilitated Household Housing Unit 75 0 0.00% 10 0 0.00% Homeowner Housing Added Household Housing Unit 145 1 0.69% 26 1 3.85% Homeowner Housing Rehabilitated Household Housing Unit 0 0 0.00% 11 0 0.00% Direct Financial Assistance to Homebuyers Households Assisted 50 1 0.00% 53 1 1.89% Tenant-based rental assistance / Rapid Rehousing Households Assisted 195 0 0.00% 0 0 0.00% Buildings Demolished Buildings 5 0 0.00% 0 0 0.00% Non-Homeless Special Needs Non-Homeless Special Needs CDBG: $1,238,228.00 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit Persons Assisted 1,875 0 0.00% 200 6 3.00% Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 2,815 73 2.59% 80 73 91.25% Tenant-based rental assistance / Rapid Rehousing Households Assisted 375 0 0.00% 0 0 0.00% Program Administration Administration CDBG: $1,072,056.50 / HOME: $245,606.00 / SHIP: $355,715.00 Other Other 0 0 0.00% 0 0 0.00% Table 1 - Accomplishments – Program Year & Strategic Plan to Date CAPER 5 OMB Control No: 2506-0117 (exp. 09/30/2021) Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified. During FY 2020-2021, CDBG, HOME, and SHIP funds were used to address high priority needs by providing homebuyer education and counseling; construction of affordable housing; public services and shelter for eligible populations; and economic development opportunities. The City of Clearwater expended $892,310 in regular CDBG funds out of an available $2,342,110 in combined entitlement, program income, and prior-year resources. Goal 1: Program Administration – Administer the City of Clearwater’s federally funded grant programs to implement the goals of the Five-Year Consolidated Plan. There are no numerical outcomes to report for this goal, the City’s Federal allocation covered all program-related administrative expenses for CDBG and HOME. Goal 2: Housing – Provide availability of and accessibility to decent affordable housing for the residents of the City of Clearwater. The City addressed this goal through completion of the following activities: acquisition of land and construction of one (1) new housing unit in collaboration with Habitat for Humanity of Pinellas County, Inc., and provision of homebuyer education/fair housing education for 70 households through Tampa Bay Community Development Corporation, Clearwater Neighborhood Housing Services, Inc., and Bright Community Trust. Goal 3: Homelessness – Help to prevent and reduce homelessness within the City of Clearwater. The City addressed this goal through the Homeless Emergency Project, Inc. (HEP), Religious Community Services Pinellas, Inc. (RCS), and The Salvation Army, which provided emergency shelter and critical support facilities to 152 and 442 persons, respectively, experiencing homelessness in the City of Clearwater. The City also supported the provision of public services by homeless providers, including RCS, The Kimberly Home, St. Vincent de Paul, Westcare Gulfcoast- Florida, Inc., and Fresh Start Ministries & Mentoring, Inc., which collectively served 360 homeless persons. This met approximately one-quarter of the City’s expectations for this goal and the respective outcome indicators. Goal 4: Non-Homeless Special Needs – Expand the accessibility and coordination of social services to City of Clearwater special needs populations. The City supported non-profit special needs service providers such as Pinellas Opportunity Council, Inc. (senior services) and Miracles Outreach (at-risk youth aging out), which collectively served 73 special needs persons (91% of goal). This nearly met the City’s expectations for this goal and outcome indicator. Additionally, the City supported facility rehabilitation projects for The Arc Tampa Bay (persons with disabilities), Miracles Outreach (at-risk youth aging out), and RCS (food bank), which benefit special needs populations. CAPER 6 OMB Control No: 2506-0117 (exp. 09/30/2021) Goal 5: Community Development & Public Services – Enhance the living environment for persons in low- and moderate-income areas through community development activities, public service programs, and elimination of blight. The City addressed this goal by partnering with non-profit organizations that serve low- and moderate-income neighborhoods. Through such partnerships, including those with Intercultural Advocacy Institute, Safety Harbor Neighborhood Family Center, Pinellas Ex-Offender Re-Entry Coalition, Gulfcoast Legal Services, Bright Community Trust, Directions for Living, and the City’s own efforts, 346 persons benefitted from public services (198% of goal). This exceeded the City’s expectations for this goal and outcome indicator. Goal 6: Economic Development – Support programs that create economic opportunities in the City of Clearwater, particularly for persons of low and moderate income and in Neighborhood Revitalization Strategy Areas (NRSAs). The City addressed this goal by funding microenterprise/entrepreneurial technical assistance in partnership with the Hispanic Business Initiative Fund of Florida, Inc. (Prospera) and Tampa Bay Black Business Investment Corporation, Inc., and other economic development efforts, which collectively benefitted 59 businesses (109% of goal). This exceeded the City’s expectations for this goal and outcome indicator. Goal 7: Emergency/Disaster Response – Provide assistance prior to, during, and after a community emergency and/or disaster event to prepare for and/or mitigate loss, protect during and event, and aid with recovery. No activities were planned or funded for emergency/disaster response. This goal is intended to be invoked only upon urgent need. Expenditures for each Strategic Plan goal were consistent with the projects budgeted in the FY 2020-2021 Annual Action Plan. Affordable housing projects often span multiple reporting periods; thus, resulting outcomes carry over into subsequent years and may not be reported in the subject year. Additionally, during FY 2020-2021, the City also expended special CDBG-CV funds in the amount of $92,805 out of an available $1,351,560. These funds were expended on CDBG-CV eligible activities to prevent, prepare for, and respond to coronavirus. These funds were expended on COVID- 19 related homeless services, case management, and business assistance through various providers, including Showered and Empowered (mobile showers/hygiene support), Directions for Living (COVID-19 case management), Tampa Bay Community Development Corporation, and Pet Grooming On The Go (small business grant). These efforts addressed the goals in the substantially amended FY 2019 Annual Action Plan that allocated the City’s CDBG-CV funds for coronavirus response. The City expended $845,562.33 of Coronavirus Relief Funds provided by the CARES Act through the Florida Housing Finance Corporation to assist 236 residents affected by the pandemic with past due rent, mortgage and utility payments. CAPER 7 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) CDBG HOME White 3,951 0 Black or African American 1,046 1 Asian 43 0 American Indian or American Native 27 0 Native Hawaiian or Other Pacific Islander 17 0 Total 5,084 1 Hispanic 563 0 Not Hispanic 4,521 1 Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative In FY 2020-2021, CDBG funded public service, public facility, acquisition, housing and economic development activities that served 5,871 individuals of which 5,084 individuals are reflected in Table 2. The following are the racial and ethnic status of all program participants: White - 3,951 (67.30%); Black/African American - 1,046 (17.82%); Asian - 43 (0.73%); American Indian/Alaskan Native - 27 (0.46%); Native Hawaiian/Other Pacific Islander - 17 (0.29%); American Indian/Alaskan Native & White - 5 (0.09%) Asian & White - 3 (0.05%); Black/African American & White - 18 (0.31%); American Indian/Alaskan Native & Black/African American - 2 (0.03%); Other Multi-Racial - 759 (12.93%); 800 program participants identified as Hispanic. Additionally, in FY 2020-2021 CDBG-CV funded public service activities that served 19 individuals to prepare for, prevent, or respond to the health and economic impacts of COVID-19. (***The table above does not reflect American Indian/Alaskan Native & White; Asian & White; Black/African American & White; American Indian/Alaskan Native & Black/African American; or Other Multi-Racial utilizing CDBG funds.) In FY 2020-2021, HOME funded housing activities served 1 household. The following are the racial and ethnic status of program participants: Black/African American - 1 (100%); 0 program participants identified as Hispanic. In FY 2020-2021, SHIP funded housing activities served 13 households. The following are the racial and ethnic status of program participants: White - 8 (61.54%); Black/African American - 3 (23.08%); Other Multi-Racial - 2 (15.38%); 2 program participants identified as Hispanic. CAPER 8 OMB Control No: 2506-0117 (exp. 09/30/2021) The following activity is currently underway: Seven units in a large multifamily project are currently undergoing rehabilitation activities. It is anticipated that this project will be completed during the current fiscal year. Additionally, there are two large multi-family new construction projects currently working to address shortfalls in the funding strategy for each project. One is an 81-unit tax credit project and the other is a 171-unit mixed income, multi-family project. It is anticipated that these two projects will begin construction during the current fiscal year. CAPER 9 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-15 - Resources and Investments 91.520(a) Identify the resources made available Source of Funds Source Resources Made Available Amount Expended During Program Year CDBG public - federal 2,708,016 892,310 HOME public - federal 2,819,836 189,003 Other public - state 1,492,741 433,175 Table 3 - Resources Made Available Narrative In FY 2020-2021, the City had $5,527,852 in CDBG and HOME program funding available to fund eligible housing and community development activities, economic development activities, and local agencies that provide services that assist extremely low to moderate-income residents. Funding consisted of $1,268,577 in new entitlement funding through the CDBG and HOME programs; $1,351,560 in new entitlement funding through the CDBG CARES Act (CDBG-CV). The City had $870,887 in prior year resources, $622,783 in program income, $11,207 in funds returned to CDBG. Additionally, the City had a total of $433,175 in Florida State Housing Initiatives Partnership (SHIP) and $235,715 in County Housing Trust program funds available to assist housing needs. In FY 2020-2021, the City expended a total of $892,310 in CDBG funds. In FY 2020-2021, the City expended $189,003 in HOME funds. Identify the geographic distribution and location of investments Target Area Planned Percentage of Allocation Actual Percentage of Allocation Narrative Description Citywide Low- and Moderate-Income Areas 76 93 Accomplished through public services, housing assistance, economic development, and public facilities. Downtown Gateway District Neighborhood Revitalization Strategy Area 5 1 Allocation was accomplished through public services. Lake Bellevue Neighborhood Revitalization Strategy Area 6 0 In FY 2020-2021, no activities were completed in this NRSA. North Greenwood Neighborhood Revitalization Strategy Area 13 6 Allocation was accomplished through public services, housing, and a public facility. Table 4 – Identify the geographic distribution and location of investments Narrative CAPER 10 OMB Control No: 2506-0117 (exp. 09/30/2021) In FY 2020-2021, the City expended 93% of CDBG and HOME funds on activities through public services, economic development technical assistance, acquisition of land for owner-occupied housing activities, down payment and closing cost assistance and three public facility projects that benefited individuals/families in the low- to moderate-income areas of the city. The City expended 1% of CDBG and HOME funds through public services that benefited individuals/families in the Downtown Gateway Neighborhood Revitalization Strategy Area. The City expended 6% of CDBG and HOME funds on public services, activities through acquisition of land for owner-occupied housing activities, economic development technical assistance, and one public facility project that benefited individuals/families in the North Greenwood Neighborhood Revitalization Strategy Area. CAPER 11 OMB Control No: 2506-0117 (exp. 09/30/2021) Leveraging Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan. The HOME match requirements for funds expended in a Major Disaster area between October 1, 2020, and September 30, 2021 were waived by HUD due to the COVID-19 pandemic. Fiscal Year Summary – HOME Match 1. Excess match from prior Federal fiscal year 1,273,909 2. Match contributed during current Federal fiscal year 0 3 .Total match available for current Federal fiscal year (Line 1 plus Line 2) 1,273,909 4. Match liability for current Federal fiscal year 0 5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) 1,273,909 Table 5 – Fiscal Year Summary - HOME Match Report CAPER 12 OMB Control No: 2506-0117 (exp. 09/30/2021) Match Contribution for the Federal Fiscal Year Project No. or Other ID Date of Contribution Cash (non-Federal sources) Foregone Taxes, Fees, Charges Appraised Land/Real Property Required Infrastructure Site Preparation, Construction Materials, Donated labor Bond Financing Total Match Table 6 – Match Contribution for the Federal Fiscal Year HOME MBE/WBE report Program Income – Enter the program amounts for the reporting period Balance on hand at begin-ning of reporting period $ Amount received during reporting period $ Total amount expended during reporting period $ Amount expended for TBRA $ Balance on hand at end of reporting period $ 1,575,718 325,305 206,024 0 1,694,999 Table 7 – Program Income CAPER 13 OMB Control No: 2506-0117 (exp. 09/30/2021) Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Total Minority Business Enterprises White Non- Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Contracts Number Dollar Amount 0 0 0 0 0 0 Sub-Contracts Number Dollar Amount 0 0 0 0 0 0 Total Women Business Enterprises Male Contracts Number 0 0 0 Dollar Amount 0 0 0 Sub-Contracts Number 0 0 0 Dollar Amount 0 0 0 Table 8 - Minority Business and Women Business Enterprises Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Total Minority Property Owners White Non- Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Number 0 0 0 0 0 0 Dollar Amount 0 0 0 0 0 0 Table 9 – Minority Owners of Rental Property CAPER 14 OMB Control No: 2506-0117 (exp. 09/30/2021) Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired 0 0 Businesses Displaced 0 0 Nonprofit Organizations Displaced 0 0 Households Temporarily Relocated, not Displaced 0 0 Households Displaced Total Minority Property Enterprises White Non- Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Number 0 0 0 0 0 0 Cost 0 0 0 0 0 0 Table 10 – Relocation and Real Property Acquisition CAPER 15 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served. One-Year Goal Actual Number of Homeless households to be provided affordable housing units 0 0 Number of Non-Homeless households to be provided affordable housing units 291 1 Number of Special-Needs households to be provided affordable housing units 0 0 Total 291 1 Table 11 – Number of Households One-Year Goal Actual Number of households supported through Rental Assistance 0 0 Number of households supported through The Production of New Units 52 1 Number of households supported through Rehab of Existing Units 21 0 Number of households supported through Acquisition of Existing Units 30 0 Total 103 1 Table 12 – Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. The City worked diligently to meet the first-year goals as identified in the 2020/2021 - 2024/2025 Consolidated Plan. The Coronavirus pandemic affected staff production with an allocation of $1,351,560 of CARES Act funding passed through the Florida Housing Finance Corporation. Housing staff and subrecipients worked diligently to provide mortgage, rent, utility, and relocation payment assistance to Clearwater residents affected financially by the pandemic. The City made modest progress in meeting the affordable housing goals; a major obstacle the City faced in FY 2020-2021 was the dramatic increase in construction costs during the pandemic. Additionally, the availability of land and/or housing stock for affordable housing is a challenge for development in an urban, built-out city. The City continues to work with its housing partners to identify land purchase opportunities for affordable housing. The City’s use of SHIP funds facilitated the development of four single-family homes and the rehabilitation of 9 rental units of affordable housing in FY20-21. The city also completed three down payment assistance loans in CAPER 16 OMB Control No: 2506-0117 (exp. 09/30/2021) FY20-21; however, two were not closed out in the program year and will be reported in the FY 2021-22 CAPER. The city also utilized NSP3 funds to finance a deferred loan for the acquisition of a new single- family home by a very low-income household. Discuss how these outcomes will impact future annual action plans. Affordable housing and homelessness continue to be a high priority and is identified in the FY 2020-2021 Annual Action Plan. More emphasis is being placed on the utilization of the City’s two Revolving Loan funds to assist more low- to moderate-income families in their pursuit of homeownership and to assist in the rehabilitation of housing to ensure a safe and decent place to live. The City continued to support economic development with its microenterprise technical assistance program, including in the City’s North Greenwood Neighborhood Revitalization Strategy Area. The City continued to utilize CDBG, HOME, SHIP and Housing Trust funds and all other available resources to meet the needs identified. Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity. Number of Households Served CDBG Actual HOME Actual Extremely Low-income 5 0 Low-income 27 0 Moderate-income 37 1 Total 69 1 Table 13 – Number of Households Served Narrative Information The City’s housing programs are available to extremely-low to moderate-income households that meet the eligibility requirements for each program. In FY 2020-2021, the City’s housing programs assisted 84 households utilizing CDBG, HOME, SHIP and PCHTF funds. Owner housing opportunity, owner preservation and owner housing production programs served a total of 84 households whose incomes range from extremely low to moderate. The City also distributed $57,015.77 to help 19 Clearwater residents affected financially by the pandemic to remain in their homes by providing mortgage assistance, as well as case management services, deposit payment, rent, relocation, and utility expenses to prevent homelessness for the vulnerable senior population of Prospect Towers displaced or homeless due to changes implemented by new ownership. The City expended $845,562.33 of Coronavirus Relief Funds provided by the CARES Act through the Florida Housing Finance Corporation to assist 236 residents affected by the pandemic with past due rent, mortgage and utility payments. CAPER 17 OMB Control No: 2506-0117 (exp. 09/30/2021) Based on the data sourced from the 2014-2018 Comprehensive Housing Affordability Strategy database, the City of Clearwater had 27,045 households whose income was 80% or more of HUD’s Adjusted Median Family Income (HAMFI); 8,125 households whose income was 50-80% of HAMFI; 5,765 households whose income was 30-50% of HAMFI; and 5,730 households whose income was below 30% of HAMFI. Cost burden is a fraction of a household’s total gross income spent on housing costs; severe cost burden is defined as more than 50% of income going towards rent and utilities. Among all income groups, 10,800 renters have a cost burden greater than 30% of income and 5,315 renters have a cost burden greater than 50% of income. Among all income groups, 7,280 owner-households have a cost burden greater than 30% of income and 3,170 owner-households have a cost burden greater than 50% of income. The City of Clearwater is a built-out community and lacks developable land for construction of new affordable owner-occupied and rental housing. These barriers continue to have a negative impact on projects and programs utilized to implement the City’s stated strategies. CAPER 18 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City of Clearwater initiated and maintains a comprehensive, holistic approach and established the Homeless Initiative. This initiative provides homeless individuals and families access to comprehensive services. The City is committed to advocating for and supporting those organizations who provide wraparound services and address the root causes of homelessness. Therefore, the City of Clearwater provides financial assistance to five organizations that are part of Pinellas County’s Homeless Continuum of Care: Homeless Empowerment Program ($50,000.00), Pinellas Hope ($40,000.00), Pinellas Safe Harbor ($100,000.00), RCS Pinellas ($25,000.00), and The Salvation Army of Upper Pinellas ($10,000.00). In addition, the City contributes $25,000.00 to the Homeless Leadership Alliance (HLA), which is the lead organization overseeing the continuum of care providers in Pinellas County. Following are some of the ways in which city funds are being used to provide services to individuals and families experiencing homelessness:  Overnight, emergency, transitional, or permanent housing to homeless individuals and/or families.  Delivery of case management.  Transportation services for veterans to Bay Pines Hospital. The City of Clearwater actively participates in the two major Councils under the Homeless Leadership Alliance (HLA) Continuum of Care with very specific roles: 1) Providers Council, made up of local government representatives, public and private homeless and at-risk of becoming homeless service providers, develops recommendations to the HLA on issues affecting the homeless services system, addresses the needs of all target groups such as individuals, families, veterans, unaccompanied youth, etc., for permanent housing, and coordinates planning and recommendations with other community- wide planning groups; and 2) The Funders Council, composed of representatives from local and state governments, businesses, foundations, and other funders of services that affect all homeless/at-risk target groups. The Funders Council develops recommendations to the HLA board of directors on funding of homeless and at-risk of becoming homeless programs and services, as well as on strategically aligning funding resources available for homeless or at-risk of becoming homeless services to make the most effective use of scarce resources. The City provides staff support for the annual Point-In-Time Survey and Count. Due to the COVID-19 pandemic, no survey was conducted in 2021. According to the Point-In-Time Survey and Count of the homeless population in Pinellas County for 2020, the total number of homeless individuals was 2,226. CAPER 19 OMB Control No: 2506-0117 (exp. 09/30/2021) Approximately 25.5% of the entire homeless population in Pinellas County self-reported coming from Clearwater. In FY 2020-2021, City staff continued educating City employees and the general public on the city’s homeless initiative, and staff frequently updated the City’s webpage at www.myclearwater.com/homelessinitiative. Additionally, the handout created by City staff containing information on the city’s homeless initiative on how the city can assist the homeless population is placed at every Clearwater public library and city facilities. “Give a Hand Up, Not a Hand Out” is the city’s motto. In addition, every new employee receives a wallet-size card with information on how to approach homeless service providers. In FY 2020-2021, the Clearwater Homeless Street Outreach Team directly assisted 127 homeless individuals that were placed in Safe Harbor, Pinellas Hope, Homeless Emergency Project, Turning Point, and other continuum of care providers. The case manager identifies mentally ill individuals that are eligible for Social Security benefits and assists them through the process in obtaining those benefits. The case manager also helps them navigate through the shelter system that will lead to permanent housing. In FY 2020-2021, the City provided $285,841 in CDBG funds supporting homeless operations and transitional housing rehabilitation. Funding was provided for 10 projects: Homeless Emergency Project, Inc. - Adult Shelter Rehabilitation Phases 3 and 4; RCS Pinellas - Homeless Shelter Rehabilitation of their domestic violence shelter; The Salvation Army - Mallory Powell Social Services Campus improvements; Homeless Emergency Project, Inc. - For case management services in their Emergency Shelter Program; WestCare GulfCoast-Florida, Inc. - For case management services at the A Turning Point facility, an inebriate shelter; The Kimberly Home, Inc. - Salary support for a Resident Advisor to support the Transitional Housing Program; Fresh Start Ministries & Mentoring, Inc. - Salary support for a Case Manager to deliver probationer mentoring and training services; St. Vincent de Paul Community Kitchen and Resource Center - Salary support for a Case Manager and Volunteer Coordinator; and RCS Pinellas – Salary support for a Case Manager at RCS Grace House, a homeless family emergency shelter for parents and children. The funding provided addressed the following priority needs: Supporting improvements of transitional housing serving extremely-low to moderate-income persons, including the homeless and special needs populations and supporting operations of programs serving extremely-low to moderate- income persons, including the homeless and special needs population. Addressing the emergency shelter and transitional housing needs of homeless persons In FY 2020-2021, the City provided $285,841 in CDBG funding to assist with rehabilitation projects and operational support for the following: $98,934 to Homeless Emergency Project, Inc., to rehabilitate their homeless adult shelter (Phase 3); $43,079 to RCS Pinellas to rehabilitate their domestic violence shelter; $1,685 to The Salvation Army for improvements at their Mallory Powell Social Services Campus; $90,667 to Homeless Emergency Project, Inc., to rehabilitate their homeless adult shelter (Phase 4); $10,990 to WestCare GulfCoast-Florida, Inc., for case management services at their A Turning Point facility, an inebriate shelter; $6,281 to Homeless Emergency Project, Inc., for case management services in their Emergency Shelter Program; $14,130 to The Kimberly Home, Inc., for salary support of a Resident Advisor to support the Transitional Housing Program; $2,805 to Fresh Start Ministries & Mentoring, Inc., CAPER 20 OMB Control No: 2506-0117 (exp. 09/30/2021) for salary support of a Case Manager to deliver probationer mentoring and training services; $6,280 to St. Vincent de Paul Community Kitchen and Resource Center for salary support of a Case Manager and Volunteer Coordinator; and $10,990 to RCS Pinellas for salary support of a Case Manager at RCS Grace House a homeless family emergency shelter. In FY 2020-2021, the City, through its General Fund, contributed $100,000 to Pinellas Safe Harbor; $50,000 to Homeless Emergency Project, Inc.; $25,000 to the Homeless Leadership Alliance; $40,000 to Pinellas Hope; $25,000 to Hope Villages of America (formerly RCS Pinellas); and $10,000 to The Salvation Army of Upper Pinellas. The funding supports the operation of programs serving persons and families experiencing homelessness or at risk of becoming homeless and special needs populations. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs Pinellas County Human Services provides homeless prevention and self-sufficiency programs targeting the homeless population. The programs target high poverty zone areas throughout the County, to include Clearwater, and focuses on individuals who are disabled and need assistance applying for Federal benefits, assisting homeless families with children seeking affordable, permanent housing and veterans who need assistance with obtaining Federal benefits, with a special focus on homeless veterans to include the following programs: Family Housing Assistance Program; Adult Emergency Financial Assistance Program and Veterans Services Program. The City continues to work closely with Pinellas County to ensure all eligible recipients are referred to the appropriate organization that will assist with their various needs. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again In FY 2020-2021, the City provided $285,841 in CDBG funding to assist with rehabilitation projects and operational support for the following: $98,934 to Homeless Emergency Project, Inc., to rehabilitate their homeless adult shelter (Phase 3) that assisted 281 individuals; $43,079 to RCS Pinellas to rehabilitate their domestic violence shelter that assisted 161 individuals; $1,685 to The Salvation Army for improvements at their Mallory Powell Social Services Campus; $90,667 to Homeless Emergency Project, Inc., to rehabilitate their homeless adult shelter (Phase 4); $10,990 to WestCare GulfCoast-Florida, Inc., for case management services at their A Turning Point facility, an inebriate shelter that assisted 144 CAPER 21 OMB Control No: 2506-0117 (exp. 09/30/2021) people; $6,281 to Homeless Emergency Project, Inc., for case management services in their Emergency Shelter Program that assisted 152 people; $14,130 to The Kimberly Home, Inc., for salary support of a Resident Advisor to support the Transitional Housing Program that assisted 15 people; $2,805 to Fresh Start Ministries & Mentoring, Inc., for salary support of a Case Manager to deliver probationer mentoring and training services that assisted 33 people; $6,280 to St. Vincent de Paul Community Kitchen and Resource Center for salary support of a Case Manager and Volunteer Coordinator that assisted 58 people; and $10,990 to RCS Pinellas for salary support of a Case Manager at RCS Grace House a homeless family emergency shelter that assisted 110 people. Additionally, the City, through its General Fund, contributed the following in support of transitioning from homelessness to permanent housing and independent living:  $100,000 to Pinellas Safe Harbor, a 470-bed homeless shelter and jail diversion program that opened in January 2011. Transportation is provided to individuals who are willing to enter and receive case management services rather than going to jail.  $50,000 to Homeless Emergency Project, Inc. (HEP) to support their emergency shelter program, family transition program, and permanent supportive and rapid re-housing services. HEP provides shelter and wraparound services to homeless veterans.  $25,000 to the Pinellas County Homeless Leadership Alliance who is the lead agency for the Pinellas County Continuum of Care (CoC) and is also in charge of the Homeless Management Information System (HMIS) that assists service providers to prioritize available resources to the most in need.  $40,000 to Pinellas Hope, a temporary emergency shelter for 250 men and women located on 20 acres provided by Bishop Robert N. Lynch and the Diocese of St. Petersburg. Case Managers meet with the individuals on a regular basis to set goals towards self-sufficiency. Case Managers also assist shelter residents with job and housing placement, perform follow-up visits, and provide after-shelter care to ensure successful outcomes.  $25,000 to Hope Villages of America (formerly RCS Pinellas) that runs the domestic violence shelter program, providing apartment-style emergency shelter to homeless families with children. The program works one-on-one with families through case management, education, job readiness skills, and assisting families with the tools needed to save money in order to secure stable housing.  $10,000 to the Salvation Army of Upper Pinellas for the Hope Crest program, a transitional living center that comprises two- and three-bedroom apartments. Families are offered ongoing assistance of a case manager upon leaving through a new program called Pathway of Hope. CAPER 22 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-30 - Public Housing 91.220(h); 91.320(j) Actions taken to address the needs of public housing The City collaborates with the Clearwater Housing Authority (CHA) to foster innovative public housing developments, potential joint ventures and residential initiatives. HUD funds are used to subsidize the Housing Choice Voucher (HCV) Program and subsidizes 235 units of public housing. CHA’s affordable housing consists of 529 mixed-income units, that are not subsidized utilizing Federal, state, county, or city monies. In FY 2020-2021, the CHA assisted 1,185 families through their monthly Housing Choice Voucher Program, expended $10,466,022 in Housing Assistance Payments, assisted 269 families through its Public Housing Program and listed $2,208,503 dollars in expenditures, plus an additional $40,309 in Capital and Replacement Housing Funds. The City and CHA continue to work together to identify opportunities that will provide affordable units to households at 50% AMI, 80% AMI and up to 120% AMI. Actions taken to encourage public housing residents to become more involved in management and participate in homeownership The Clearwater Housing Authority (CHA) encourages residents to become more involved with management and to participate in self-sufficiency programs. The CHA offers a Family Self- Sufficiency (FSS) Program for all Housing Choice Voucher holders who wish to improve their financial situation, eliminate their dependence on public assistance and are motivated to change their lives. FSS participants sign a five-year contract, during which time they complete an educational or vocational program, obtain employment, and become free from government assistance. The FSS staff provides the structure and support necessary to break down barriers and achieve goals. Once a FSS participant obtains employment or higher wages, he or she may begin to save money in an escrow account which is awarded upon completion of the program. Actions taken to provide assistance to troubled PHAs The CHA was checked through HUD’s Public Housing Assessment System (PHAS) and is designated as Small PHA Deregulation with a score of 95. No further action is needed. CAPER 23 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The City began receiving SHIP Program funding in 1992 when the Florida Legislature adopted the Sadowski Act. During the 2007 legislative session, the Florida legislature passed House Bill 1375. Under this bill, approval was granted for the creation of Section 420.9076 of the Florida Statute. This statute requires counties and cities receiving SHIP funds to appoint an eleven-member Affordable Housing Advisory Committee (AHAC). The statute further provides that the committee be made up of members from a specific industry or a specific group as identified in the statute. The requirement was largely met through the use of the City’s existing Neighborhood and Affordable Housing Advisory Board (NAHAB). The City Council adopted Resolution No. 20-50 that created and appointed the AHAC. The duties of the AHAC included reviewing policies and procedures, ordinances, land development regulations and the City’s adopted comprehensive plan and recommending specific actions or initiatives to encourage or facilitate affordable housing. The following are barriers and strategies undertaken by the City to remove or ameliorate the barrier: Barrier: Lack of land available to develop affordable housing projects – Strategy: Prepare inventory of locally-owned public lands suitable for affordable housing. Barrier: Limited funding to invest in production and rehabilitation of attainable housing – Strategy: Strengthen our relationship with the Clearwater Housing Authority and private developers to foster innovative public housing developments, mixed-income residential developments, potential joint ventures and residential initiatives. Barrier: Lack of information concerning the City’s permitting process for affordable housing units and limited information on the City’s affordable incentives and programs – Strategy: Provide information on affordable housing permitting process to interested developers through printed material and City website. Barrier: Land Development codes and incentives and third party barriers such as involuntary easements/encroachments and homeowners insurance - Strategy: Initiate an expedited permitting and ongoing review process; provide for flexible densities for affordable housing projects; reduction of parking setback requirements for affordable housing; allowance of flexible lot configuration, including zero-lot line configuration for affordable housing; and support of development near transportation hubs, major employment centers, and mixed-use development. While homeowners insurance is required, the City’s policy is to ensure the client receives only the insurance required. CAPER 24 OMB Control No: 2506-0117 (exp. 09/30/2021) Barrier: Public perception of affordable housing development – Strategy: Provide information to the public via printed material, reports and the City website showcasing ongoing and completed projects. Support mixed-income housing development projects that strengthen the socio-economic foundation of the community with the inclusion of market-rate units. Barrier: Maintaining the City’s aging housing stock as a source of affordable housing - Strategy: Provide educational opportunities to citizens concerning barriers that can be eliminated such as poor credit; provide acquisition and rehabilitation loans to non-profits whose goal is to preserve affordable housing; provide down payment loans for eligible homebuyers and rehabilitation loans to eligible homeowners to ensure homes are code compliant. Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) A significant obstacle to meeting underserved needs is the lack of financial resources among housing and service providers that support the City’s institutional delivery structure. Local government policies concerning building codes, subdivision standards and impact fees enacted to protect the general welfare of the public have unintended consequences; an example of an unintended consequence is the creation of barriers to housing affordability by increasing per unit development costs that impacts the supply of affordable housing to extremely-low to moderate-income families. Other significant obstacles to meeting underserved needs are rents and housing affordability. Average rents in the City of Clearwater are not affordable to low- and moderate-imcome households; many households struggle to pay their rent and afford necessities such as food, clothing, medical care and transportation. The City gives priority to the acquisition and construction of new mixed-use development projects especially in the established Neighborhood Revitalization Strategy Areas, where need is greatest. First-time homebuyer obstacles include the purchase price of a single-family home, credit issues and unemployment/underemployment. The City provides first-time homebuyers educational opportunities and down payment and closing cost assistance. In FY 2020-2021, the City provided $215,000 for three single-family home projects built by Habitat for Humanity: $35,000 in CDBG funds for the acquisition of property at 1404 Taft Avenue; $130,000 in SHIP funds for a home at 691 Blanche B. Littlejohn Avenue and a $50,000 in NSP3 funds for a deferred down payment assistance loan to a very-low-income household at 1304 Pennsylvania Avenue. The City provided $3,360 in CDBG funds to Tampa Bay Community Development Corporation; $1,540 in CDBG funds to Clearwater Neighborhood Housing Services, Inc.; and $210 in CDBG funds to Bright Community Trust, Inc. for homebuyer education/counseling that assisted 70 individuals. These activities preserve the existing housing stock through acquisition, rehabilitation and construction of affordable rental units; rehabilitation of aging single-family homes; the increase of available affordable homes through new construction and improved access; homebuyer education; and down payment and closing cost assistance for qualified low- to moderate-income households. CAPER 25 OMB Control No: 2506-0117 (exp. 09/30/2021) Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) Lead-based paint continues to be a problem throughout cities across the United States. It is usually prevalent in homes built prior to 1978. The City maintains that lead-based paint is a serious issue and conducts housing inspections to determine if there are defective paint surfaces. If lead conditions are present, the lead paint is either removed or covered in a manner prescribed by HUD. The City continues its effort to rid structures of lead-based paint and inspects homes built prior to 1978 for any presence of lead-based paint. If the presence of lead-based paint is found, the City requires removal of the paint as part of its down payment and closing cost assistance and rehabilitation programs.. Additionally, the City continues to coordinate with agencies in the Clearwater area that screen residents for elevated blood lead levels (EBL) and inspect housing units for lead-based paint hazards. These agencies include the Pinellas County Health Department and the Clearwater and Pinellas County Housing Authorities, among others. The City places information about lead-based paint and safety on the City’s Affordable Housing Division webpage. Program activities include: Assurance that children identified as at risk receive blood lead testing and a child with elevated lead levels receives follow-up care; promotion of a public awareness campaign through education and disbursement of educational materials via physicians and the community; routine placement of educational materials on the City’s Affordable Housing Division webpage; assessment of homes at risk to identify lead hazard control services to eliminate hazards identified in homes; initiation of supportive lead hazard control services to eliminate hazards identified in homes; and evaluation of prevention activities to measure the impact and outcome of program services and intervention efforts in the community. Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) According to the 2015-2019 American Community Survey 5-Year Estimates, 15.4% of all people living in the City of Clearwater are at poverty level or below. To combat this statistic, the City continued to coordinate with a number of agencies that support poverty-level families. These agencies provide services to other homeless and non-homeless special needs populations, as well as to low- to moderate- income families. Such services include referrals to affordable housing; employment assistance; job training; and economic opportunity. The U.S. Census Bureau released a statement on November 10, 2021 stating the 2016-2020 ACS 5-year data release originally targeted for December 2021 must be delayed; additional time is needed to continue refining their methodology so that they can minimize the impact of nonresponsive bias due to the COVID-19 pandemic. In FY 2020-2021, the City provided $14,130 in CDBG funds to Intercultural Advocacy Institute, Inc. and $14,130 to Pinellas Opportunity Council, Inc. These two organizations provided for family advocacy and mentoring toward academic and employment success or self-sufficiency. The City provided $10,990 to Safety Harbor Neighborhood Family Center to provide youth services to Clearwater residents; $14,126 to Gulfcoast Legal Services to represent low-income clients; $10,990 to WestCare GulfCoast Florida to provide substance abuse services; $14,130 to The Kimberly Home to support the Transitional Housing Program; and $98,934.12 to Homeless Emergency Project and $3,797.50 to RCS Pinellas to provide homeless facilities and shelters. In addition, the City provided $74,541 to Gulfcoast Legal Services to provide legal services to those low-income Clearwater residents experiencing fair housing issues and CAPER 26 OMB Control No: 2506-0117 (exp. 09/30/2021) potential foreclosure action due to having suffered financial loss as a result of COVID-19. Combined, these agencies assisted 906 individuals throughout the program year. In FY 2020-2021, the City provided $36,100 in CDBG funds to Hispanic Business Initiative Fund of Florida, Inc. dba Prospera that assisted 24 businesses and $21,575 in CDBG funds to Tampa Bay Black Business Investment Corpration that assisted 35 business. Both organizations provided technical assistance to small businesses and entrepreneurs. Prospera served Clearwater’s Hispanic community primarily in the Downtown Gateway Neighborhood Revitalization Strategy Area, and Tampa Bay BBIC served residents/entrepreneurs located primarily in the North Greenwood Neighborhood Revitalization Strategy Area. Through the coordination of programs, including the Environmental Protection Agency; State Brownfields Redevelopment Initiatives; Juvenile Welfare Board; United Way; the Eckerd Foundation; Career Source Pinellas; and the University of South Florida; the City continued to expand its efforts to reduce impediments. Actions taken to develop institutional structure. 91.220(k); 91.320(j) The City continued to work with its own departments and various housing and public service providers, as well as partners of their programs, in an effort to expand opportunities and to make continuous improvements to the institutional structure. Continued actions will include solicitation of feedback on referral processes and other means of coordination between such providers and the City of Clearwater. In FY 2020-2021, the City supported an array of activities that strengthen the institutional structure’s ability to serve persons of extremely-low to moderate-income; persons with special needs; and the homeless population. These activities include case management; emergency shelter; transitional housing; behavioral and mental health services; supportive services for the elderly; facilities for the disabled; referrals to appropriate housing providers; affordable housing unit construction and rehabilitation; homebuyer education; down payment assistance; and access to economic opportunity technical assistance. Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j) The City continued to coordinate with housing and public service providers to develop an effective institutional structure and enhance interagency coordination. The City continued to work with the Clearwater and Pinellas County housing authorities to improve access to public housing and tenant- based assistance. Although funding for public housing authorities is limited, and competition for affordable housing is high, these agencies continued to provide housing-related activities to include rental assistance; rehabilitation; and new construction for low- to moderate-income individuals. Input from public housing authorities is solicited during preparation of the City’s Annual Action Plan. Additionally, the City promotes coordination between non-profit and private for-profit housing providers through its Neighborhood and Affordable Housing Advisory Board (NAHAB), through the SHIP- mandated Affordable Housing Advisory Committee (AHAC) in conjunction with the Local Housing CAPER 27 OMB Control No: 2506-0117 (exp. 09/30/2021) Assistance Plan and Local Housing Incentive Strategy reports, and through the Annual Action Plan process. Moreover, annual meetings in conjunction with the Action Plan process provide an opportunity for these providers to interact. Public service providers in the greater Clearwater area provide a wide array of services to extremely-low to moderate-income individuals. These organizations typically have a specific target population that they serve (homeless individuals/families; persons with special needs or disabilities; extremely-low to moderate-income families) and possess a level of knowledge and expertise that is invaluable when identifying underserved needs. The continuation and expansion of these public services were encouraged by means of matching programs with funding, as available. The City recognizes that improved coordination between housing and public service providers will continue to be a critical action toward preventing homelessness. Therefore, input from public service providers is solicited during preparation of the City’s Annual Action Plan. Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) In FY 2020-2021, Pinellas County’s Office of Human Rights and the Community Development and Planning Division of the Planning Department prepared a countywide Analysis of Impediments to Fair Housing Choice (Analysis) which included the City of Clearwater. Data from the Analysis suggested that the following types of impediments exist: (1) Cost and Availability, (2) Evictions, (3) Housing Stock, (4) Protected Classes, (5) Education, (6) Underserved Transportation Corridors, and (7) Limited English Proficiency. The City funded programs that offer free classes for persons interested in homeownership, as well as provides outreach and training in fair housing. In FY 2020-2021, the City provided $3,360 in CDBG funds to Tampa Bay Community Development Corp., $1,540 in CDBG funds to Clearwater Neighborhood Housing Services, Inc. and $210 in CDBG funds to Bright Community Trust, Inc. and assisted 70 individuals. The City’s efforts are furthered through partnerships with the Pinellas Realtor Organization which subscribes to the Affirmative Marketing Agreement and the Bay Area Apartment Association; both entities work to educate its members on Fair Housing issues. The City supported self-help initiatives based on volunteers providing housing assistance to designated elderly and indigent property owners and assisted them in complying with municipal housing codes to include individual volunteers; community and religious organizations/institutions; and businesses as a means of supplementing financial resources for housing repair and neighborhood cleanups to include Paint Your Heart Out and United Way’s Day of Caring. The City established the Affordable Housing Advisory Committee (AHAC), that provides oversight and review of incentives that will encourage the development of affordable housing. The AHAC provides recommendations annually to the City to consider strategies that will facilitate development of affordable housing and the removal of barriers. Inquiries from extremely-low to moderate-income tenants are often referred to the City’s Code Enforcement staff. Tenants often seek remedies for actual or perceived Housing Code violations in their rental unit that the landlord or property management company may have declined to address or for CAPER 28 OMB Control No: 2506-0117 (exp. 09/30/2021) repairs that are being addressed by the landlord at an unacceptable pace for the tenant. City code enforcement staff provides general information on code enforcement alternatives and remedies as well as the State’s landlord tenant law. Some tenants are referred to pro bono or low-cost legal assistance programs to serve tenants needs. While the City does not provide legal services, the City provided $14,126 in CDBG funds to Gulfcoast Legal Services, Inc. (GLS) to provide civil legal aid related to housing related matters. The City also provided $74,541 to GLS to address housing related legal issues caused by income loss during the pandemic (e.g., eviction, foreclosure action, etc.). Also, Pinellas County Clerk of the Circuit Court operates three legal self-help centers to assist Pinellas County citizens on representing themselves in court in regard to family law; small claims; or landlord/tenant matters. The self-help centers provide consultation with an attorney for a minimal fee; forms and packets for civil court actions; document notary; and copying services. CAPER 29 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements The City is responsible for monitoring all agreements administered under its CDBG and HOME programs, advising subrecipients on their performance and ensuring compliance with Federal rules and regulations corresponding to the funding source. Monitoring is necessary to ensure that subrecipients continue to meet expectations for timeliness, capacity, and reporting; and that activities continue to meet National Objectives and other program goals. Through frequent monitoring, conflicts of interest and opportunities for waste, mismanagement, fraud and abuse are minimized. Onsite monitoring visits occur at least annually depending on the risk-level of the subrecipient, or if concerns were identified during a prior visit, onsite monitoring visits may occur more frequently to determine compliance or until corrective actions are taken. Staff contacts the subrecipient by phone or email to schedule a monitoring visit and follows up with a formal Notification Letter to the recipient at least two weeks prior to the scheduled visit. The Notification Letter includes confirmation of the date, time and duration of the visit, a description of the purpose for the monitoring visit, and identification of the subrecipient representatives expected to be present and any office/meeting space that will be required. The City conducted monitoring activities remotely during FY 2020-2021 due to health risks from the pandemic. In preparation for an onsite monitoring visit, City staff reviews all documentation associated with the subrecipient’s records, including but not limited to: original application for CDBG or HOME funding; subrecipient agreement; requests for payment and corresponding documentation; monthly or quarterly reports; documentation from previous monitoring visits; and copies of other audits performed. At the beginning of the scheduled onsite monitoring visit, City staff holds an entrance conference with the subrecipient’s Director and appropriate financial and program staff. The entrance conference reiterates the schedule and purpose of the onsite monitoring visit and documents the subrecipient’s participation. The entrance conference is used to convey the City’s responsibility to monitor the subrecipient to determine whether the use of Federal funds is appropriate and consistent with the agreement, even if the onsite monitoring visit presents an inconvenience for the subrecipient. Within 30 days after the visit, the City mails a monitoring letter to the subrecipient that details the results of the onsite monitoring visit. The letter identifies any Findings or Concerns as follows: Finding – A violation of law or regulation that could result in a sanction; or Concern – A matter that, if not properly addressed, could become a finding that could result in a sanction. The monitoring letter details each Finding identified, if applicable, along with the corresponding citation(s) of applicable laws, regulations, or program policies and the supporting fact(s) collected during the onsite visit. For each Finding identified, the letter specifies the corrective action(s) CAPER 30 OMB Control No: 2506-0117 (exp. 09/30/2021) that the subrecipient must take along with a specific date by which the subrecipient must provide a written response detailing how and by when the corrective action(s) will be taken. Citizen Participation Plan 91.105(d); 91.115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. As required, reasonable notice for review and comment of the CAPER was provided. Public notices of two public meetings and public comment period was published in the Tampa Bay Times on December 1, 2021, advising of the availability of this performance report for viewing and public comment from December 1, 2021 through December 16, 2021. Both notices were placed on the City of Clearwater’s Affordable Housing webpage located at www.myclearwater.com/affordablehousing. No comments were received during the comment period. CAPER 31 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. The programs administered during FY 2020-2021 were Housing, Homelessness, Non-Homeless Special Needs, Community Development and Public Services, and Economic Development. Housing includes: Tampa Bay Community Development Corporation – Down Payment Assistance and Homebuyer Education; Habitat for Humanity of Pinellas County – Single Family Homes; Clearwater Neighborhood Housing Services, Inc. – Down Payment Assistance and Homebuyer Education; and Bright Community Trust – Down Payment Assistance and Homebuyer Education. Homelessness includes: Homeless Emergency Project, Inc. - Adult Shelter Rehabilitation Phases 3 and 4; RCS Pinellas - Homeless Shelter Rehabilitation of their domestic violence shelter; The Salvation Army - Mallory Powell Social Services Campus improvements; Homeless Emergency Project, Inc. - For case management services in their Emergency Shelter Program; WestCare GulfCoast-Florida, Inc. - For case management services at the A Turning Point facility, an inebriate shelter; The Kimberly Home, Inc. - Salary support for a Resident Advisor to support the Transitional Housing Program; Fresh Start Ministries & Mentoring, Inc. - Salary support for a Case Manager to deliver probationer mentoring and training services; St. Vincent de Paul Community Kitchen and Resource Center - Salary support for a Case Manager and Volunteer Coordinator; and RCS Pinellas – Salary support for a Case Manager at RCS Grace House, a homeless family emergency shelter for parents and children. Non-Homeless Specials Needs includes: Pinellas Opportunity Council, Inc. – Chore Services; The Arc Tampa Bay, Inc. – Classroom Rehabilitation; RCS Pinellas – RCS Food Bank Rehabilitation; and Miracles Outreach Community Development Center, Inc. – Independent Living Program. Community Development and Public Services includes: Gulfcoast Legal Services, Inc. – Legal Services; Directions for Living, Inc. – Public Facilities Rehabilitation; Intercultural Advocacy Institute, Inc. – Youth Leaders Partnership Program; Safety Harbor Neighborhood Family Center, Inc. – Bridge the Gap Program; Pinellas Ex-offender Re-entry Coalition, Inc. - MOVE UP (Manufacturing Opportunities in Vocational Education for Underrepresented Populations) Program; Bright Community Trust, Inc. – Foreclosure Counseling; Directions for Living – Prospect Towers Senior Services (CDBG-CV); and Tampa Bay Community Development Corporation – Mortgage Assistance Program (CDBG-CV). Economic Development includes: Tampa Bay Black Business Investment Corporation – Technical Assistance; and Hispanic Business Initiative Fund of Florida, Inc. dba Prospera – Technical Assistance. The City will actively pursue multi-family rehabilitation and acquisition and new construction projects utilizing Revolving Loan funds in fiscal year 2020-2021. CAPER 32 OMB Control No: 2506-0117 (exp. 09/30/2021) Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? No [BEDI grantees] Describe accomplishments and program outcomes during the last year. CAPER 33 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-50 - HOME 91.520(d) Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations Please list those projects that should have been inspected on-site this program year based upon the schedule in §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation. Inspection of initial lease-up of rental housing units is conducted by City staff and ongoing inspections of rental housing funded by HOME funds are also conducted by City staff or contracted compliance monitoring agency. All HOME funded projects are monitored annually, either by a desk review or an onsite inspection. A desk review includes compliance with income and rent eligibility requirements and financial records. An onsite monitoring includes compliance with income and rent eligibility requirements, financial reports, program records/files and is performed at least every two or three years as applicable. The following identifies all projects that received an onsite or desk review in FY 2020-2021:  Abilities of Morningside II (2500-1 Harn Boulevard) – Desk audit - In compliance  Abilities of St. Andrews Cove (605 North Keene Road) – Desk audit - In compliance  Fulton Avenue Apartments (1602 Fulton Avenue) – Desk audit - In compliance  Homeless Emergency Project (1250 Palmetto Street) – Desk audit - In compliance  Fairburn Apartments (1102 Fairburn Avenue) – Desk audit - In compliance  Kimberly Home, Inc. (114 North Missouri Avenue) – Desk audit - In compliance  Kimberly Home, Inc. (1192 Browns Court) – Desk audit - In compliance  Pineberry Apartments (1225 Highland Avenue) – Desk audit - In compliance  Prospect Towers (801 Chestnut Street) – Desk audit - In compliance  Garden Trail Apartments (609 Seminole Street) – Desk audit - In compliance  Norton Apartments (1450 South Martin Luther King Jr. Avenue) - Desk audit - In compliance  CSF-Tieman Village (1101-1119 Woodlawn Street) – Desk audit - In compliance Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units. 92.351(b) As part of the HOME application, applicants are required to submit an affirmative marketing plan to the City which must conform to the City’s affirmative marketing requirements. Monitoring of affirmative marketing for HOME funded units is incorporated into the City’s overall monitoring process. During each onsite monitoring visit, the City monitors subrecipients for compliance with affirmative marketing requirements. Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics CAPER 34 OMB Control No: 2506-0117 (exp. 09/30/2021) HOME Program Income received during the program year totaled $190,890.57 and is broken down into the following:  Payments: $118,380.99  Payoffs: $74,219.44  Interest: ($4,748.77) In FY 2020-2021, HOME funds were expended on 3 activities and administration/planning totaling $193,044.96. Program Income was expended as it became available with 10% utilized for administration/planning. The following are racial and ethnic status of HOME program participants: White – 0 (0%), Black/African American – 1 (100%); 0 program participants identified as Hispanic. The following are income levels of the HOME program participants: 0 were extremely low (below 30%) or 0%, 0 were low (between 30% - 60%) or 0% and 1 was moderate-income (between 60% - 80%) or 100%. Describe other actions taken to foster and maintain affordable housing. 91.220(k) (STATES ONLY: Including the coordination of LIHTC with the development of affordable housing). 91.320(j) During FY 2020-2021, the City continued to proactively support, develop and maintain affordable housing. Utilizing CDBG, HOME, SHIP and Pinellas County Housing Trust Fund, the City assisted 1 household to become first-time homeowners through down payment and closing cost assistance; assisted 0 homeowners to preserve their homes through rehabilitation; assisted Habitat for Humanity of Pinellas County to acquire 1 vacant parcel and construct 2 single family homes; 1 single family home is currently under or awaiting construction; and funded the rehabilitation of 7 multi-family units in a large affordable housing complex. The city also assisted 245 residents by providing rent, mortgage and utility payment assistance for those financially affected by the pandemic. The City is also in negotiations with two developers to construct two large multi-family projects including an 81-unit tax credit project and a 171-unit mixed income, workforce and affordable housing project. The City continues to support national, state and local housing policies and continues to educate and inform citizens and elected officials of the need for affordable housing. PR26 - CDBG Financial Summary Report U.S. Department of Housing and Urban Development Office of Community Planning and Development Integrated Disbursement and Information System DATE: TIME: PAGE:1 10:30 11-25-21 Program Year 2020 CLEARWATER , FL Metrics Grantee Program Year PART I: SUMMARY OF CDBG RESOURCES 01 UNEXPENDED CDBG FUNDS AT END OF PREVIOUS PROGRAM YEAR 02 ENTITLEMENT GRANT 03 SURPLUS URBAN RENEWAL 04 SECTION 108 GUARANTEED LOAN FUNDS 05 CURRENT YEAR PROGRAM INCOME 05a CURRENT YEAR SECTION 108 PROGRAM INCOME (FOR SI TYPE) 06 FUNDS RETURNED TO THE LINE-OF-CREDIT 06a FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT 07 ADJUSTMENT TO COMPUTE TOTAL AVAILABLE 08 TOTAL AVAILABLE (SUM, LINES 01-07) PART II: SUMMARY OF CDBG EXPENDITURES 09 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 10 ADJUSTMENT TO COMPUTE TOTAL AMOUNT SUBJECT TO LOW/MOD BENEFIT 11 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 09 + LINE 10) 12 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 13 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS 14 ADJUSTMENT TO COMPUTE TOTAL EXPENDITURES 15 TOTAL EXPENDITURES (SUM, LINES 11-14) 16 UNEXPENDED BALANCE (LINE 08 - LINE 15) PART III: LOWMOD BENEFIT THIS REPORTING PERIOD 17 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS 18 EXPENDED FOR LOW/MOD MULTI-UNIT HOUSING 19 DISBURSED FOR OTHER LOW/MOD ACTIVITIES 20 ADJUSTMENT TO COMPUTE TOTAL LOW/MOD CREDIT 21 TOTAL LOW/MOD CREDIT (SUM, LINES 17-20) 22 PERCENT LOW/MOD CREDIT (LINE 21/LINE 11) LOW/MOD BENEFIT FOR MULTI-YEAR CERTIFICATIONS 23 PROGRAM YEARS(PY) COVERED IN CERTIFICATION 24 CUMULATIVE NET EXPENDITURES SUBJECT TO LOW/MOD BENEFIT CALCULATION 25 CUMULATIVE EXPENDITURES BENEFITING LOW/MOD PERSONS 26 PERCENT BENEFIT TO LOW/MOD PERSONS (LINE 25/LINE 24) PART IV: PUBLIC SERVICE (PS) CAP CALCULATIONS 27 DISBURSED IN IDIS FOR PUBLIC SERVICES 28 PS UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 29 PS UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 30 ADJUSTMENT TO COMPUTE TOTAL PS OBLIGATIONS 31 TOTAL PS OBLIGATIONS (LINE 27 + LINE 28 - LINE 29 + LINE 30) 32 ENTITLEMENT GRANT 33 PRIOR YEAR PROGRAM INCOME 34 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PS CAP 35 TOTAL SUBJECT TO PS CAP (SUM, LINES 32-34) 36 PERCENT FUNDS OBLIGATED FOR PS ACTIVITIES (LINE 31/LINE 35) PART V: PLANNING AND ADMINISTRATION (PA) CAP 37 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 38 PA UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 39 PA UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 40 ADJUSTMENT TO COMPUTE TOTAL PA OBLIGATIONS 41 TOTAL PA OBLIGATIONS (LINE 37 + LINE 38 - LINE 39 +LINE 40) 42 ENTITLEMENT GRANT 43 CURRENT YEAR PROGRAM INCOME 44 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PA CAP 45 TOTAL SUBJECT TO PA CAP (SUM, LINES 42-44) 46 PERCENT FUNDS OBLIGATED FOR PA ACTIVITIES (LINE 41/LINE 45) CLEARWATER , FL 2,020.00 870,886.69 837,233.00 0.00 0.00 622,783.14 0.00 0.00 11,206.97 0.00 2,342,109.80 753,674.88 0.00 753,674.88 138,635.37 0.00 0.00 892,310.25 1,449,799.55 0.00 0.00 569,463.51 0.00 569,463.51 75.56% PY: PY: PY: 0.00 0.00 0.00% 196,518.09 0.00 0.00 (74,541.00) 121,977.09 837,233.00 36,248.25 0.00 873,481.25 13.96% 138,635.37 0.00 0.00 0.00 138,635.37 837,233.00 622,783.14 0.00 1,460,016.14 9.50% PR26 - CDBG Financial Summary Report U.S. Department of Housing and Urban Development Office of Community Planning and Development Integrated Disbursement and Information System DATE: TIME: PAGE:2 10:30 11-25-21 Program Year 2020 CLEARWATER , FL LINE 17 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 17 Plan Year IDIS Project IDIS Activity Voucher Number Activity Name Matrix Code National Objective Target Area Type Drawn Amount 2020 2020 2020 Total 20 20 20 1181 1181 1181 6533485 6548360 6560503 Clearwater Neighborhood Housing Services, Inc. (Homeownership Education and Counseling) Clearwater Neighborhood Housing Services, Inc. (Homeownership Education and Counseling) Clearwater Neighborhood Housing Services, Inc. (Homeownership Education and Counseling) 05U 05U 05U 05U LMH LMH LMH Matrix Code 05U Strategy area Strategy area Strategy area $490.00 $560.00 $490.00 $1,540.00 $1,540.00 LINE 18 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 18 Report returned no data. LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 PlanYear IDISProject IDISActivity VoucherNumber Activity Name MatrixCode NationalObjective Drawn Amount 2020 2019 2019 2019 2019 2019 2019 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2019 2019 2019 2019 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 34 30 30 30 30 31 31 5 5 5 2 2 2 2 2 4 4 4 4 6 6 6 6 6 6 9 9 9 40 40 40 40 10 10 10 10 10 8 8 15 15 15 15 15 15 13 13 1175 1149 1149 1149 1149 1146 1146 1182 1182 1182 1184 1184 1184 1184 1184 1169 1169 1169 1169 1178 1178 1178 1178 1178 1178 1159 1159 1159 1155 1155 1155 1155 1162 1162 1162 1162 1162 1158 1158 1164 1164 1164 1164 1164 1164 1160 1160 6507436 6453603 6462981 6544270 6547349 6453612 6528933 6536953 6548360 6558737 6536953 6541238 6548360 6558737 6560503 6496403 6517978 6541238 6558737 6528098 6536953 6541238 6548360 6558737 6564145 6473388 6480888 6502738 6457727 6507823 6511182 6517979 6511185 6528431 6539981 6541238 6558737 6553440 6555125 6462981 6473388 6503136 6507815 6528098 6530423 6492946 6507815 Habitat for Humanity of Pinellas County - 1404 Taft Avenue (Acquisition) Homeless Emergency Project, Inc. (Adult Shelter Rehabilitation) Homeless Emergency Project, Inc. (Adult Shelter Rehabilitation) Homeless Emergency Project, Inc. (Adult Shelter Rehabilitation) Homeless Emergency Project, Inc. (Adult Shelter Rehabilitation) Religious Community Services Pinellas Inc. (Homeless Shelter Rehab) Religious Community Services Pinellas Inc. (Homeless Shelter Rehab) The Salvation Army (Public Facility Rehabilitation of Mallory Powell Campus) The Salvation Army (Public Facility Rehabilitation of Mallory Powell Campus) The Salvation Army (Public Facility Rehabilitation of Mallory Powell Campus) Directions for Living (Public Facility Rehabilitation of Clearwater Center HQ) Directions for Living (Public Facility Rehabilitation of Clearwater Center HQ) Directions for Living (Public Facility Rehabilitation of Clearwater Center HQ) Directions for Living (Public Facility Rehabilitation of Clearwater Center HQ) Directions for Living (Public Facility Rehabilitation of Clearwater Center HQ) Religious Community Services, Inc. (Public Facility Rehabilitation of RCS Food Bank) Religious Community Services, Inc. (Public Facility Rehabilitation of RCS Food Bank) Religious Community Services, Inc. (Public Facility Rehabilitation of RCS Food Bank) Religious Community Services, Inc. (Public Facility Rehabilitation of RCS Food Bank) The Arc Tampa Bay, Inc. (Public Facility Rehabilitation) The Arc Tampa Bay, Inc. (Public Facility Rehabilitation) The Arc Tampa Bay, Inc. (Public Facility Rehabilitation) The Arc Tampa Bay, Inc. (Public Facility Rehabilitation) The Arc Tampa Bay, Inc. (Public Facility Rehabilitation) The Arc Tampa Bay, Inc. (Public Facility Rehabilitation) Pinellas Opportunity Council, Inc. (Senior Services) Pinellas Opportunity Council, Inc. (Senior Services) Pinellas Opportunity Council, Inc. (Senior Services) Gulfcoast Legal Services, Inc. (Legal Services - COVID-19) Gulfcoast Legal Services, Inc. (Legal Services - COVID-19) Gulfcoast Legal Services, Inc. (Legal Services - COVID-19) Gulfcoast Legal Services, Inc. (Legal Services - COVID-19) Gulfcoast Legal Services, Inc. (Housing Legal Services) Gulfcoast Legal Services, Inc. (Housing Legal Services) Gulfcoast Legal Services, Inc. (Housing Legal Services) Gulfcoast Legal Services, Inc. (Housing Legal Services) Gulfcoast Legal Services, Inc. (Housing Legal Services) Intercultural Advocacy Institute, Inc. (Youth Services) Intercultural Advocacy Institute, Inc. (Youth Services) Safety Harbor Neighborhood Family Center, Inc. (Youth Services) Safety Harbor Neighborhood Family Center, Inc. (Youth Services) Safety Harbor Neighborhood Family Center, Inc. (Youth Services) Safety Harbor Neighborhood Family Center, Inc. (Youth Services) Safety Harbor Neighborhood Family Center, Inc. (Youth Services) Safety Harbor Neighborhood Family Center, Inc. (Youth Services) WestCare GulfCoast-Florida, Inc. (Substance Abuse Services) WestCare GulfCoast-Florida, Inc. (Substance Abuse Services) 01 01 03C 03C 03C 03C 03C 03C 03C 03E 03E 03E 03E 03Z 03Z 03Z 03Z 03Z 03Z 03Z 03Z 03Z 03Z 03Z 03Z 03Z 03Z 03Z 03Z 05A 05A 05A 05A 05C 05C 05C 05C 05C 05C 05C 05C 05C 05C 05D 05D 05D 05D 05D 05D 05D 05D 05D 05F 05F LMH Matrix Code 01 LMC LMC LMC LMC LMC LMC Matrix Code 03C LMC LMC LMC Matrix Code 03E LMC LMC LMC LMC LMC LMC LMC LMC LMC LMC LMC LMC LMC LMC LMC Matrix Code 03Z LMC LMC LMC Matrix Code 05A LMC LMC LMC LMC LMC LMC LMC LMC LMC Matrix Code 05C LMC LMC LMC LMC LMC LMC LMC LMC Matrix Code 05D LMC LMC $35,000.00 $35,000.00 $5,994.44 $27,452.19 $40,836.80 $24,650.69 $920.00 $42,159.00 $142,013.12 $1,045.00 $575.00 $65.00 $1,685.00 $1,873.75 $425.00 $69,407.00 $740.00 $20,000.00 $1,500.00 $1,500.00 $190.00 $607.50 $6,635.00 $1,140.00 $1,945.00 $55,060.50 $1,322.50 $10,249.50 $172,595.75 $9,556.95 $3,655.28 $917.77 $14,130.00 $7,763.00 $49,847.00 $12,572.00 $4,359.00 $770.00 $8,974.00 $2,415.00 $287.00 $1,680.00 $88,667.00 $9,966.25 $4,163.75 $3,095.00 $1,390.77 $1,960.47 $456.38 $1,321.24 $2,766.14 $25,120.00 $8,572.07 $1,427.70 PR26 - CDBG Financial Summary Report U.S. Department of Housing and Urban Development Office of Community Planning and Development Integrated Disbursement and Information System DATE: TIME: PAGE:3 10:30 11-25-21 Program Year 2020 CLEARWATER , FL PlanYear IDISProject IDISActivity VoucherNumber Activity Name MatrixCode NationalObjective Drawn Amount 2020 2020 2019 2019 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2019 2020 2020 2020 2020 Total 13 18 40 40 21 21 22 22 22 22 22 22 22 22 11 11 12 12 12 19 19 35 28 28 28 28 1160 1188 1153 1153 1172 1172 1163 1163 1163 1163 1163 1163 1163 1163 1161 1161 1174 1174 1174 1186 1186 1143 1166 1166 1166 1166 6515951 6564145 6453612 6457727 6505028 6548360 6457727 6473388 6498744 6502738 6507815 6530423 6547349 6551491 6557587 6560503 6508705 6528933 6551491 6561929 6564145 6419783 6484280 6486127 6489409 6561929 WestCare GulfCoast-Florida, Inc. (Substance Abuse Services) Pinellas Ex-offender Re-entry Coalition, Inc. (Employment Training) Bright Community Trust, Inc (Foreclosure Counseling) Bright Community Trust, Inc (Foreclosure Counseling) Bright Community Trust, Inc. (Homeownership Education and Counseling) Bright Community Trust, Inc. (Homeownership Education and Counseling) Tampa Bay Community Development Corporation (Homeownership Education and Counseling) Tampa Bay Community Development Corporation (Homeownership Education and Counseling) Tampa Bay Community Development Corporation (Homeownership Education and Counseling) Tampa Bay Community Development Corporation (Homeownership Education and Counseling) Tampa Bay Community Development Corporation (Homeownership Education and Counseling) Tampa Bay Community Development Corporation (Homeownership Education and Counseling) Tampa Bay Community Development Corporation (Homeownership Education and Counseling) Tampa Bay Community Development Corporation (Homeownership Education and Counseling) The Kimberly Home, Inc. - Transitional Housing The Kimberly Home, Inc. - Transitional Housing RCS Hope Villages of America, Inc. (Grace House Case Management) RCS Hope Villages of America, Inc. (Grace House Case Management) RCS Hope Villages of America, Inc. (Grace House Case Management) Fresh Start Ministries & Mentoring, Inc. (Case Management) Fresh Start Ministries & Mentoring, Inc. (Case Management) CDBG Project/Activity Delivery - Rehabilitation Hispanic Business Initiative Fund of Florida, Inc. (Technical Assistance) Hispanic Business Initiative Fund of Florida, Inc. (Technical Assistance) Hispanic Business Initiative Fund of Florida, Inc. (Technical Assistance) Hispanic Business Initiative Fund of Florida, Inc. (Technical Assistance) 05F 05F 05H 05H 05U 05U 05U 05U 05U 05U 05U 05U 05U 05U 05U 05U 05U 05Z 05Z 05Z 05Z 05Z 05Z 05Z 05Z 14H 14H 18C 18C 18C 18C 18C LMC Matrix Code 05F LMC Matrix Code 05H LMC LMC LMH LMH LMH LMH LMH LMH LMH LMH LMH LMH Matrix Code 05U LMC LMC LMC LMC LMC LMC LMC Matrix Code 05Z LMH Matrix Code 14H LMC LMC LMC LMC Matrix Code 18C $990.23 $10,990.00 $600.00 $600.00 $500.00 $1,000.00 $140.00 $70.00 $1,050.00 $560.00 $210.00 $140.00 $210.00 $420.00 $140.00 $630.00 $5,070.00 $12,952.50 $1,177.50 $6,018.11 $683.02 $4,288.87 $2,595.00 $210.00 $27,925.00 $9,567.64 $9,567.64 $7,150.00 $3,050.00 $9,500.00 $16,400.00 $36,100.00 $569,463.51 LINE 27 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 27 Plan Year IDIS Project IDIS Activity Voucher Number Activity toprevent,prepare for, and respondtoCoronavirus Activity Name Grant Number Fund Type Matrix Code National Objective Drawn Amount 2020 2020 2020 2019 2019 2019 2019 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 9 9 9 40 40 40 40 10 10 10 10 10 8 8 14 14 15 15 15 15 15 15 13 13 1159 1159 1159 1155 1155 1155 1155 1162 1162 1162 1162 1162 1158 1158 1189 1189 1164 1164 1164 1164 1164 1164 1160 1160 6473388 6480888 6502738 6457727 6507823 6511182 6517979 6511185 6528431 6539981 6541238 6558737 6553440 6555125 6566839 6566839 6462981 6473388 6503136 6507815 6528098 6530423 6492946 6507815 No No No Yes Yes Yes Yes No No No No No No No No No No No No No No No No No Pinellas Opportunity Council, Inc. (Senior Services) Pinellas Opportunity Council, Inc. (Senior Services) Pinellas Opportunity Council, Inc. (Senior Services) Gulfcoast Legal Services, Inc. (Legal Services - COVID-19) Gulfcoast Legal Services, Inc. (Legal Services - COVID-19) Gulfcoast Legal Services, Inc. (Legal Services - COVID-19) Gulfcoast Legal Services, Inc. (Legal Services - COVID-19) Gulfcoast Legal Services, Inc. (Housing Legal Services) Gulfcoast Legal Services, Inc. (Housing Legal Services) Gulfcoast Legal Services, Inc. (Housing Legal Services) Gulfcoast Legal Services, Inc. (Housing Legal Services) Gulfcoast Legal Services, Inc. (Housing Legal Services) Intercultural Advocacy Institute, Inc. (Youth Services) Intercultural Advocacy Institute, Inc. (Youth Services) Miracles Outreach Community Development Center, Inc. (YouthServices) Miracles Outreach Community Development Center, Inc. (Youth Services) Safety Harbor Neighborhood Family Center, Inc. (Youth Services) Safety Harbor Neighborhood Family Center, Inc. (Youth Services) Safety Harbor Neighborhood Family Center, Inc. (Youth Services) Safety Harbor Neighborhood Family Center, Inc. (Youth Services) Safety Harbor Neighborhood Family Center, Inc. (Youth Services) Safety Harbor Neighborhood Family Center, Inc. (Youth Services) WestCare GulfCoast-Florida, Inc. (Substance Abuse Services) WestCare GulfCoast-Florida, Inc. (Substance Abuse Services) B19MC120002 B19MC120002 B20MC120002 B19MC120002 B20MC120002 B20MC120002 B20MC120002 B20MC120002 B20MC120002 B20MC120002 B20MC120002 B20MC120002 B20MC120002 B20MC120002 B18MC120002 B19MC120002 B18MC120002 B18MC120002 B20MC120002 B20MC120002 B20MC120002 B20MC120002 B19MC120002 B20MC120002 EN EN PI EN PI PI PI PI PI PI PI PI PI PI EN EN EN EN PI PI PI PI EN PI 05A 05A 05A 05A 05C 05C 05C 05C 05C 05C 05C 05C 05C 05C 05D 05D 05D 05D 05D 05D 05D 05D 05D 05D 05D 05F 05F LMC LMC LMC Matrix Code 05A LMC LMC LMC LMC LMC LMC LMC LMC LMC Matrix Code 05C LMC LMC LMC LMC LMC LMC LMC LMC LMC LMC Matrix Code 05D LMC LMC $9,556.95 $3,655.28 $917.77 $14,130.00 $7,763.00 $49,847.00 $12,572.00 $4,359.00 $770.00 $8,974.00 $2,415.00 $287.00 $1,680.00 $88,667.00 $9,966.25 $4,163.75 $1,103.28 $8,811.81 $3,095.00 $1,390.77 $1,960.47 $456.38 $1,321.24 $2,766.14 $35,035.09 $8,572.07 $1,427.70 PR26 - CDBG Financial Summary Report U.S. Department of Housing and Urban Development Office of Community Planning and Development Integrated Disbursement and Information System DATE: TIME: PAGE:4 10:30 11-25-21 Program Year 2020 CLEARWATER , FL PlanYear IDISProject IDISActivity VoucherNumber Activity toprevent, prepare for, and respondtoCoronavirus Activity Name Grant Number Fund Type MatrixCode NationalObjective Drawn Amount 2020 2020 2019 2019 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 Total 13 18 40 40 20 20 20 21 21 22 22 22 22 22 22 22 22 17 17 17 11 11 12 12 12 16 16 19 19 1160 1188 1153 1153 1181 1181 1181 1172 1172 1163 1163 1163 1163 1163 1163 1163 1163 1173 1173 1173 1161 1161 1174 1174 1174 1177 1177 1186 1186 6515951 6564145 6453612 6457727 6533485 6548360 6560503 6505028 6548360 6457727 6473388 6498744 6502738 6507815 6530423 6547349 6551491 6505028 6528098 6551491 6557587 6560503 6508705 6528933 6551491 6515955 6517978 6561929 6564145 No No Yes Yes No No No No No No No No No No No No No No No No No No No No No No No No No No Yes WestCare GulfCoast-Florida, Inc. (Substance Abuse Services) Pinellas Ex-offender Re-entry Coalition, Inc. (Employment Training) Bright Community Trust, Inc (Foreclosure Counseling) Bright Community Trust, Inc (Foreclosure Counseling) Clearwater Neighborhood Housing Services, Inc. (HomeownershipEducation and Counseling) Clearwater Neighborhood Housing Services, Inc. (HomeownershipEducation and Counseling) Clearwater Neighborhood Housing Services, Inc. (Homeownership Education and Counseling) Bright Community Trust, Inc. (Homeownership Education andCounseling) Bright Community Trust, Inc. (Homeownership Education and Counseling) Tampa Bay Community Development Corporation (HomeownershipEducation and Counseling) Tampa Bay Community Development Corporation (Homeownership Education and Counseling) Tampa Bay Community Development Corporation (HomeownershipEducation and Counseling) Tampa Bay Community Development Corporation (Homeownership Education and Counseling) Tampa Bay Community Development Corporation (HomeownershipEducation and Counseling) Tampa Bay Community Development Corporation (Homeownership Education and Counseling) Tampa Bay Community Development Corporation (HomeownershipEducation and Counseling) Tampa Bay Community Development Corporation (HomeownershipEducation and Counseling) St. Vincent de Paul Community Kitchen and Resource Center (CaseManagement) St. Vincent de Paul Community Kitchen and Resource Center (Case Management) St. Vincent de Paul Community Kitchen and Resource Center (CaseManagement) The Kimberly Home, Inc. - Transitional Housing The Kimberly Home, Inc. - Transitional Housing RCS Hope Villages of America, Inc. (Grace House Case Management) RCS Hope Villages of America, Inc. (Grace House Case Management) RCS Hope Villages of America, Inc. (Grace House Case Management) Homeless Emergency Project, Inc. (Homeless Shelter Case Management) Homeless Emergency Project, Inc. (Homeless Shelter CaseManagement) Fresh Start Ministries & Mentoring, Inc. (Case Management) Fresh Start Ministries & Mentoring, Inc. (Case Management) Activity to prevent, prepare for, and respond to Coronavirus Activity to prevent, prepare for, and respond to Coronavirus B20MC120002 B20MC120002 B19MC120002 B19MC120002 B20MC120002 B20MC120002 B20MC120002 B18MC120002 B20MC120002 B18MC120002 B18MC120002 B20MC120002 B20MC120002 B20MC120002 B20MC120002 B20MC120002 B20MC120002 B19MC120002 B19MC120002 B20MC120002 B20MC120002 B20MC120002 B20MC120002 B20MC120002 B20MC120002 B20MC120002 B20MC120002 B20MC120002 B20MC120002 PI PI EN EN PI PI PI EN PI EN EN PI PI PI PI PI PI EN EN PI PI PI PI PI PI PI PI PI PI 05F 05F 05H 05H 05U 05U 05U 05U 05U 05U 05U 05U 05U 05U 05U 05U 05U 05U 05U 05U 05W 05W 05W 05W 05Z 05Z 05Z 05Z 05Z 05Z 05Z 05Z 05Z 05Z LMC Matrix Code 05F LMC Matrix Code 05H LMC LMC LMH LMH LMH LMH LMH LMH LMH LMH LMH LMH LMH LMH LMH Matrix Code 05U LMC LMC LMC Matrix Code 05W LMC LMC LMC LMC LMC LMC LMC LMC LMC Matrix Code 05Z $990.23 $10,990.00 $600.00 $600.00 $500.00 $1,000.00 $490.00 $560.00 $490.00 $140.00 $70.00 $1,050.00 $560.00 $210.00 $140.00 $210.00 $420.00 $140.00 $630.00 $6,610.00 $4,253.00 $1,009.00 $1,018.00 $6,280.00 $12,952.50 $1,177.50 $6,018.11 $683.02 $4,288.87 $2,707.24 $3,573.76 $2,595.00 $210.00 $34,206.00 $120,477.09 $76,041.00 $196,518.09 LINE 37 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 37 PlanYear IDISProject IDISActivity VoucherNumber Activity Name MatrixCode NationalObjective Drawn Amount 2020 2020 2020 Total 23 23 23 1165 1165 1165 6480149 6511510 6547349 CDBG Administration/Planning (2020) CDBG Administration/Planning (2020) CDBG Administration/Planning (2020) 21A 21A 21A 21A Matrix Code 21A $69,311.95 $69,263.42 $60.00 $138,635.37 $138,635.37 PR26 - CDBG-CV Financial Summary Report U.S. Department of Housing and Urban Development Office of Community Planning and Development Integrated Disbursement and Information System DATE: TIME: PAGE:1 11:54 11-25-21 CLEARWATER , FL Metrics New Grantee (CV) PART I: SUMMARY OF CDBG-CV RESOURCES 01 CDBG-CV GRANT 02 FUNDS RETURNED TO THE LINE-OF-CREDIT 03 FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT 04 TOTAL AVAILABLE (SUM, LINES 01-03) PART II: SUMMARY OF CDBG-CV EXPENDITURES 05 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 06 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 07 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS 08 TOTAL EXPENDITURES (SUM, LINES 05 - 07) 09 UNEXPENDED BALANCE (LINE 04 - LINE8 ) PART III: LOWMOD BENEFIT FOR THE CDBG-CV GRANT 10 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS 11 EXPENDED FOR LOW/MOD MULTI-UNIT HOUSING 12 DISBURSED FOR OTHER LOW/MOD ACTIVITIES 13 TOTAL LOW/MOD CREDIT (SUM, LINES 10 - 12) 14 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 05) 15 PERCENT LOW/MOD CREDIT (LINE 13/LINE 14) PART IV: PUBLIC SERVICE (PS) CALCULATIONS 16 DISBURSED IN IDIS FOR PUBLIC SERVICES 17 CDBG-CV GRANT 18 PERCENT OF FUNDS DISBURSED FOR PS ACTIVITIES (LINE 16/LINE 17) PART V: PLANNING AND ADMINISTRATION (PA) CAP 19 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 20 CDBG-CV GRANT 21 PERCENT OF FUNDS DISBURSED FOR PA ACTIVITIES (LINE 19/LINE 20) CLEARWATER , FL 1,351,560.00 0.00 0.00 1,351,560.00 67,515.77 25,289.44 0.00 92,805.21 1,258,754.79 0.00 0.00 59,015.77 59,015.77 67,515.77 87.41% 65,515.77 1,351,560.00 4.85% 25,289.44 1,351,560.00 1.87% PR26 - CDBG-CV Financial Summary Report U.S. Department of Housing and Urban Development Office of Community Planning and Development Integrated Disbursement and Information System DATE: TIME: PAGE:2 11:54 11-25-21 CLEARWATER , FL LINE 10 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 10 Report returned no data. LINE 11 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 11 Report returned no data. LINE 12 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 12 Plan Year IDIS Project IDIS Activity Voucher Number Activity Name Matrix Code National Objective Drawn Amount 2020 Total 1 42 1157 1170 1176 6409572 6497106 6502740 6507823 6528099 6553437 6528933 6533485 6550107 6564145 Pet Grooming On The Go LLC (CDBG-CV Business Assistance Grant) Tampa Bay Community Development Corporation (MU/CDBG-CV Program Administration) Tampa Bay Community Development Corporation (MU/CDBG-CVProgram Administration) Tampa Bay Community Development Corporation (MU/CDBG-CVProgram Administration) Tampa Bay Community Development Corporation (MU/CDBG-CV Program Administration) Tampa Bay Community Development Corporation (MU/CDBG-CV Program Administration) Directions for Living (COVID-19 Case Management for Prospect Towers) Directions for Living (COVID-19 Case Management for Prospect Towers) Directions for Living (COVID-19 Case Management for Prospect Towers) Directions for Living (COVID-19 Case Management for Prospect Towers) 18A 05Z 05Z 05Z 05Z 05Z 05A 05A 05A 05A LMA LMC LMC LMC LMC LMC LMC LMC LMC LMC $2,000.00 $2,039.10 $2,180.00 $2,280.00 $2,310.00 $470.00 $25,139.49 $5,463.05 $10,848.18 $6,285.95 $59,015.77 LINE 16 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 16 Plan Year IDIS Project IDIS Activity Voucher Number Activity Name Matrix Code National Objective Drawn Amount 2020 Total 1 42 1156 1170 1176 6404280 6408308 6417494 6497106 6502740 6507823 6528099 6553437 6528933 6533485 6550107 6564145 Showered and Empowered (Homeless Service) - CV Showered and Empowered (Homeless Service) - CV Showered and Empowered (Homeless Service) - CV Tampa Bay Community Development Corporation (MU/CDBG-CVProgram Administration) Tampa Bay Community Development Corporation (MU/CDBG-CV Program Administration) Tampa Bay Community Development Corporation (MU/CDBG-CV Program Administration) Tampa Bay Community Development Corporation (MU/CDBG-CV Program Administration) Tampa Bay Community Development Corporation (MU/CDBG-CV Program Administration) Directions for Living (COVID-19 Case Management for Prospect Towers) Directions for Living (COVID-19 Case Management for Prospect Towers) Directions for Living (COVID-19 Case Management for Prospect Towers) Directions for Living (COVID-19 Case Management for Prospect Towers) 05Z 05Z 05Z 05Z 05Z 05Z 05Z 05Z 05A 05A 05A 05A LMA LMA LMA LMC LMC LMC LMC LMC LMC LMC LMC LMC $2,500.00 $1,000.00 $5,000.00 $2,039.10 $2,180.00 $2,280.00 $2,310.00 $470.00 $25,139.49 $5,463.05 $10,848.18 $6,285.95 $65,515.77 LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 Plan Year IDIS Project IDISActivity VoucherNumber Activity Name MatrixCode NationalObjective Drawn Amount 2020 Total 1 1154 6398457 6457727 6511510 CDBG-CV Administration/Planning CDBG-CV Administration/Planning CDBG-CV Administration/Planning 21A 21A 21A $10,025.00 $13,074.99 $2,189.45 $25,289.44 FY 2020-2021 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) ECONOMIC DEVELOPMENT AND HOUSING December 16, 2021 CAPER FY 2020-2021 ➢Program Processes ➢Activities Undertaken ➢Funding Sources ▪CDBG ▪Including CDBG-CV ▪HOME ▪SHIP ▪PCHTF ➢Due By December 31st Resources Expenditures CDBG $892,310 HOME $189,003 CDBG-CV $92,805 CDBG RLF $35,000 CRF $914,360 TOTAL $2,123,478 RESOURCES/EXPENDITURES -FEDERAL OTHER PROGRAM EXPENDITURES – STATE/LOCAL Fund Type Expenditure SHIP $457,083 PCHTF $50,183 General Fund $250,000 Total $757,266 HOUSEHOLDS/PERSONS ASSISTED – FEDERAL FUNDS Activity Households/Persons Economic Development 59 Persons/Business Owners Housing/Housing Benefit 71 Households Public Facilities/Services 5,741 Persons TOTAL 5,871 HOUSEHOLDS/PERSONS ASSISTED – STATE/LOCAL FUNDS Goal Households/Persons Rental Housing Rehabilitation 9 Households Down Payment Assistance only 1 Household New Construction & DPA 2 Households Total 13 Households PARTNERS –PUBLIC SERVICES PARTNERS –HOMEBUYER EDUCATION PARTNERS –PUBLIC FACILITIES AND MICROENTERPRISE PARTNERS –HOUSING HABITAT FOR HUMANITY NEW CONSTRUCTION ONGOING HOUSING ACTIVITIES FROM FY 20-21 ➢Owner-Occupied ▪New Construction -4 units ▪Homeowner Rehabilitation –Currently 3 projects are in the construction bid phase. ➢Rental ▪81-unit high-rise in Downtown ▪171-unit mixed-income mid-rise ▪Major rehab at Palmetto Park Apartments –179 units ▪Major rehab at Lexington Club at Renaissance Square ▪Renovation of a duplex in the Downtown Gateway COVID-RELATED ACTIVITIES ➢Mortgage & Utility Assistance ➢249 persons assisted ➢$854,841 in assistance payments ➢Public Service programs ➢Directions for Living -$30,603 ➢Gulf Coast Legal Services -$74,541 For a Detailed Listing of Programs, Activities and Actions Undertaken See Pages 15-34 of the CAPER www.myclearwater.com/affordablehousing ECONOMIC DEVELOPMENT AND HOUSING December 16, 2021 FY 2020-2021 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9982 Agenda Date: 12/13/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Award a contract for Other Post-Employment Benefits (OPEB) actuarial services for the five-year period ending December 31, 2026 to Gabriel, Roeder, Smith and Company for a not-to-exceed total of $72,730 and authorize the appropriate officials to execute same. (consent) SUMMARY: At least biennially, the City needs a full actuarial calculation of the City’s OPEB liability. A less expensive “roll-forward” calculation is allowed every other year if there have been no significant changes in OPEB benefits, assumptions, or experience. Request for Proposals (RFP) 47-21 was issued in August 2021, with proposals received in September. The RFP selection committee consisting of the HR Director, HR Assistant Director, Finance Director, Finance Assistant Director, and Senior Pension Payroll Analyst, unanimously chose Gabriel, Roeder, Smith & Company (GRS) from the eight respondents for OPEB actuarial services. GRS has been the actuary for the OPEB plan since January 2010. The full OPEB actuarial valuation will be done on a biennial basis with an abbreviated roll-forward prepared for the off-year when appropriate. The first-year fee for the full OPEB valuation will be $15,500 and the first-year roll-forward fee will be $3,750. Subsequent fees will be adjusted annually for inflation, not to exceed 3% in any year. As needed, additional services will be provided per various hourly rates provided in the agreement schedule, to be adjusted annually. APPROPRIATION CODE AND AMOUNT: Funds are available and will be budgeted annually in cost code 0109821-530100, Professional Services, to fund this contract. [ Page 1 City of Clearwater Printed on 12/10/2021 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 #47-21 Actuarial and Related Services August 10, 2021 NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until 10:00 AM, Local Time, September 14, 2021 to provide Actuarial and Related Services. Brief Description: The City of Clearwater (City) administers a defined benefit pension plan that requires annual actuarial services for both funding and financial reporting purposes, in compliance with Governmental Accounting Standards Board (GASB) and State of Florida reporting requirements. Additionally, the City has other post-employment benefits (OPEB) that require actuarial services and similar compliance with GASB and State of Florida reporting requirements, as applicable. The City also requires related services to include the preparation of annual employee benefit statements and other actuarial services and advice on a project or fee per-hour basis as-needed. 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 Actuarial and Related Services 2 RFP #47-21 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: September 14, 2021 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 Actuarial and Related Services 3 RFP #47-21 any, will be returned to Contractor upon the expiration or termination of the contract. i.7 SUBMIT PROPOSALS 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 Proposals will be received at this address. Proposers may mail or hand-deliver proposals; e-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a proposal that is not properly addressed and identified. i.8 LATE PROPOSALS. The proposer assumes responsibility for having the proposal delivered on time at the place specified. All proposals received after the date and time specified shall not be considered and will be returned unopened to the proposer. The proposer assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The proposer agrees to accept the time stamp in the City’s Procurement Office as the official time. i.9 LOBBYING; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION. From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees, and evaluation committee members. Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be directed to the procurement manager or designee, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period. The penalty for violating the No-Contact Period may include suspension or debarment i.10 COMMENCEMENT OF WORK. If proposer begins any billable work prior to the City’s final approval and execution of the contract, proposer does so at its own risk. i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than (seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the proposal. Proposers are cautioned to verify their proposals before submission, as amendments to or withdrawal of proposals submitted after time specified for opening of proposals may not be considered. The City will not be responsible for any proposer errors or omissions. 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 INSTRUCTIONS Actuarial and Related Services 4 RFP #47-21 proposal are required. Proposals, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the proposal is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the proposal be submitted. The proposal must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the proposal. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered upon showing the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the proposer. The City reserves the right to reject proposals that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the proposal received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the proposer shall include a letter with its proposal identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A proposal from a proposer who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.16 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon another event; to reject individual proposals for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any proposal. The City may seek clarification of the proposal from proposer at any time, and failure to respond is cause for rejection. Submission of a proposal confers on proposer no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a proposer may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.18 COPYING OF PROPOSALS. Proposer hereby grants the City permission to copy all parts of its INSTRUCTIONS Actuarial and Related Services 5 RFP #47-21 proposal, including without limitation any documents and/or materials copyrighted by the proposer. The City’s right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve this purpose, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or prospective proposers and affiliates. The City may request product samples from vendors for product evaluation. i.21 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 Actuarial and Related Services 6 RFP #47-21 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 pages 21-22) Points Qualifications and Experience of the Firm (Tab 2) 35 Qualifications of Personnel (Tab 3) 20 Approach, Methodology and Timeline (Tab 4) 15 Familiarity with GASB and State of Florida reporting requirements (Tab 5) 15 References (Tab 6) 5 Contract Compensation - Costs for Services (Tab 7) 10 i.24 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest ranked proposals based on evaluation against the evaluation criteria. Short-listed proposers may be invited to give presentations and/or interviews. Upon conclusion of any presentations/interviews, the City will finalize the ranking of shortlisted firms. i.25 PRESENTATIONS/INTERVIEWS Presentations and/or interviews may be requested at the City’s discretion. The location for these presentations and/or interviews will be determined by the City and may be held virtually. INSTRUCTIONS – EVALUATION Actuarial and Related Services 7 RFP #47-21 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: August 10, 2021 Advertise Tampa Bay Times: August 18, 2021 Responses due: September 14, 2021 Review proposals: September 14-28, 2021 Presentations (if requested): Week of October 11, 2021 Award recommendation: October 15, 2021 Council authorization: December 13, 2021 (Pension Trustees); December 16, 2021 Contract begins: January 1, 2022 TERMS AND CONDITIONS Actuarial and Related Services 8 RFP #47-21 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 Actuarial and Related Services 9 RFP #47-21 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 Actuarial and Related Services 10 RFP #47-21 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 Actuarial and Related Services 11 RFP #47-21 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 Actuarial and Related Services 12 RFP #47-21 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 Actuarial and Related Services 13 RFP #47-21 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 Actuarial and Related Services 14 RFP #47-21 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 Actuarial and Related Services 15 RFP #47-21 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 Actuarial and Related Services 16 RFP #47-21 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 Actuarial and Related Services 17 RFP #47-21 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 nearly 118,017 residents. The City of Clearwater is also a major tourist destination – Clearwater Beach was rated #1 U.S. Beach by TripAdvisor’s Traveler’s Choice Awards in 2018 and 2019 and is consistently ranked as one of the top beaches in the world. 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 to 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. BACKGROUND. The City operates a single employer, self-administered defined benefit pension plan for eligible City employees. The City’s Employee Pension Plan (Plan) is included as a fiduciary fund in the City’s Annual Comprehensive Financial Report (fiscal year-ends September 30th) and does not have separately issued financial statements. Public safety members contribute ten percent (10%) of their earnings on a pre-tax basis, while all other members contribute eight percent (8%). The City contributes the balance required per the actuarial valuation, but the pension plan ordinance requires a minimum City/employer contribution of seven percent (7%) of covered salaries and wages regardless of the actuarial funding requirement. The Plan has differing benefits for public safety versus other employees, as well as a two-tier structure resulting from pension reform changes implemented January 1, 2013. Additional information on the Plan can be found on the City’s website at: https://www.myclearwater.com/government/city-departments/finance-budget/documents- publications. The City has a liability for other post-employment benefits due to the inclusion of retirees in the City’s group health insurance and life insurance plans. The health insurance OPEB benefit is the “implicit” subsidy only, due to the inclusion of retirees in the group plan per state law. The City would prefer alternating biannual OPEB actuarial valuations and biannual “roll-forwards” when appropriate. 3. SCOPE OF SERVICES. The City is requesting proposals from qualified actuarial consulting firms to provide actuarial and other related services. The City seeks services for both funding and financial reporting for the City’s Employee Pension Plan (Plan) as well as for the City’s other post- employment benefit (OPEB) services. The City would prefer to utilize the same actuary for both the pension plan and OPEB but will award to separate firms if in the City’s best interest. 3.1 Annual services: a. Prepare and provide actuarial valuation report for the Plan for funding purposes as of January 1st by April 30th annually. Separate funding/required contribution calculations are required for Fire & Rescue, Police, and non-hazardous categories. Twelve (12) hard copies and one (1) electronic PDF version of the report must be provided. b. Provide information to satisfy the requirements of Governmental Accounting Standards Board (GASB) Statement No. 67, Financial Reporting for Pension Plans, and Statement No. 68, Accounting and Financial Reporting for Pensions, using the current fiscal year-end as the measurement date for current year reporting and using data from the most recent January 1st actuarial valuation report. This information must be provided by January 15th annually. Timeliness of this information is critical given the use of current fiscal year-end for the measurement date. One (1) electronic PDF version must be provided. c. Provide disclosure reports to satisfy requirements of Chapter 112.664, Florida Statutes, by May 15th annually. One (1) electronic PDF version must be provided. d. Prepare and provide individual employee benefit statements by May 31st annually. The benefit statements, to be distributed to employees, should include such information as projected plan benefits, employee contributions, accrued plan benefits, date of 100% vesting, etc. Statements are to be provided electronically in PDF format. DETAILED SPECIFICATIONS Actuarial and Related Services 18 RFP #47-21 e. Prepare and provide “Actuarial Confirmation of the Use of State Moneys” per State of Florida Division of Retirement requirements per provisions of Sections 175.351 and 185.35, Florida Statutes, as amended by Chapter 99.1, Laws of Florida. Must be provided by March 15th annually. 3.2 Annual and/or biannual services: a. Prepare and provide actuarial valuation reports for OPEB as of January 1st for fiscal year ending September 30th, annually or biannually, to be delivered by December 31st annually. One (1) electronic PDF version must be provided. b. As appropriate, prepare and provide biannual actuarial roll-forward reports for OPEB using the prior year OPEB valuation report. The roll-forward will be performed on the same basis as the regular actuarial valuation and must also be delivered to the City by December 31st annually. One electronic PDF version is to be provided. 3.3 Related services: a. Prepare and provide an experience study to evaluate current actuarial assumptions and methods used by the Plan and recommend changes as appropriate, including the financial effect of proposed changes. One (1) experience study is expected during the five-year term of this agreement. b. Provide pension buy-back calculations, responses to inquiries from the State of Florida Division of Retirement, and other actuarial advice and calculations as requested. 4. MINIMUM QUALIFICATIONS. Interested firms must demonstrate five (5) years of experience providing actuarial services to public entities in the United States. 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. DETAILED SPECIFICATIONS Actuarial and Related Services 19 RFP #47-21 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. 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 #47-21 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 Actuarial and Related Services 20 RFP #47-21 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. January 1, 2022 through December 31, 2026. 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. One (1), three (3) year renewal is possible at the City’s option. 4. PRICES. All pricing shall be firm for the five (5) year term 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. At the end of the five (5) year term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for the three (3) year renewal term. c. No fuel surcharges will be accepted. RESPONSE ELEMENTS Actuarial and Related Services 21 RFP #47-21 1. PROPOSAL SUBMISSION - It is recommended that proposals are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp.    For proposals mailed and/or hand-delivered, firm must submit one (1) signed original (identified as ORIGINAL) proposal, five (5) copies of the proposal 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 – Qualifications and Experience of the Firm. The following information should be included: 1. A statement of qualifications, abilities, experience and expertise in providing the requested services: a. Statement 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. Size of firm, organizational structure, location of management, and charter authorization and licenses to do business in the State of Florida. c. Description of resources available to your firm and expertise in the governmental field. d. Overview of any current litigation your firm is a party to. TAB 3 – Qualifications of Personnel. The following information should be included: 1. Provide resumes of the personnel who would be directly involved in performing actuarial services for the City and the pension plan, including: a. Formal and supplemental education, certifications, and licenses if applicable b. Experience in performing actuarial services including pension plan for governmental clients c. Memberships in professional organizations TAB 4 – Approach, Methodology, and Timeline. The following information should be included: a. Proposed approach and methodology for gathering of data and completion of the valuation b. Proposed timeline including all significant milestones TAB 5 – Familiarity with GASB and State of Florida reporting requirements. Demonstrate your understanding of all applicable GASB and State of Florida reporting requirements for the pension plan and the City. TAB 6 – References. Provide at least four (4) complete references for which similar services are currently provided, preferably governmental clients and pension plans in the State of Florida. Include the name of entity, contact person’s names, phone numbers, e-mail addresses, mailing addresses, types of services provided, and dates these services were provided. RESPONSE ELEMENTS Actuarial and Related Services 22 RFP #47-21 TAB 7 - Contract and Compensation – Cost of Services. 1. Provide the firm’s proposed fee schedule for the outlined services, including whether fee is on a project basis or hourly basis, the estimated number of hours and total cost, and any other costs which would be reasonably expected to occur as a result of the contract performance. If applicable, provide projected hourly cost increases for years two (2) through (5) of the contract. Costs should be quoted on each service as follows: a. Annual pension plan actuarial valuation for funding purposes b. Annual pension plan actuarial report for fiscal year-end financial reporting purposes, including all applicable GASB and State of Florida annual reporting requirements c. Annual reporting requirements per Chapter 112.664, Florida Statutes d. Annual and/or biannual postemployment benefits actuarial valuation e. Annual employee benefit statements f. Any other annual fees per scope of services g. Experience study – anticipated to be completed for the five years ended either 12/31/21 or 12/31/22 h. Consultation to City staff on actuarial related issues (hourly rate) as requested TAB 8 - 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. E-Verify Eligibility form 6. W-9 Form. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Actuarial and Related Services 23 RFP #47-21 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 Actuarial and Related Services 24 RFP #47-21 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this proposal: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. VENDOR CERTIFICATION OF PROPOSAL Actuarial and Related Services 25 RFP #47-21 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 Actuarial and Related Services 26 RFP #47-21 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 Actuarial and Related Services 27 RFP #47-21 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. ______________________________________ Authorized Signature ______________________________________ Printed Name ______________________________________ Title ______________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _____________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. __________________________________________ Notary Public __________________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE E-VERIFY ELIGIBILITY FORM Actuarial and Related Services 28 RFP #47-21 VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095. 2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees. 3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. 4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. The Contractor must maintain a copy of such affidavit. 6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ____________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Actuarial and Related Services 29 RFP #47-21 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #47-21, Actuarial and Related Services Due Date: September 14, 2021, 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 #47-21, Actuarial and Related Services Due Date: September 14, 2021, 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 ------------------------------------------------ City of Clearwater Proposal For Actuarial and Related Services Deadline: Tuesday, September 14, 2021 by 10:00 A.M. Submitted by: Peter N. Strong, FSA, EA, MAAA, FCA Gabriel, Roeder, Smith & Company 1 East Broward Blvd., Suite 505 Ft. Lauderdale, FL 33301 Phone: 954‐527‐1616 Email: Pete.Strong@grsconsulting.com City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 TABLE OF CONTENTS TAB 1 – LETTER OF TRANSMITTAL PAGES 1‐3 TAB 2 – QUALIFICATIONS AND EXPERIENCE OF THE FIRM PAGES 4‐19 TAB 3 – QUALIFICATIONS OF PERSONNEL PAGES 20‐25 TAB 4 – APPROACH, METHODOLOGY, AND TIMELINE PAGES 26‐33 TAB 5 – FAMILIARITY WITH GASB AND STATE OF FLORIDA REPORTING REQUIREMENTS PAGES 34‐37 TAB 6 – REFERENCES PAGES 38‐39 TAB 7 – CONTRACT AND COMPENSATION – COST OF SERVICES PAGES 40‐42 TAB 8 – OTHER FORMS PAGES 43‐49 1. EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA FORM 2. VENDOR INFORMATION FORM 3. VENDOR CERTIFICATION OF PROPOSAL FORM 4. SCRUTINIZED COMPANIES FORM(S) AS REQUIRED 5. E‐VERIFY ELIGIBILITY FORM 6. W‐9 FORM. INCLUDE A CURRENT W‐9 FORM (HTTP://WWW.IRS.GOV/PUB/IRS‐PDF/FW9.PDF) APPENDICES A. TEAM RESUMES B. INSURANCE CERTIFICATE C. REGISTRATION TO DO BUSINESS IN FLORIDA D. SAMPLE ACTUARIAL VALUATION REPORT E. ARTICLES OF INCORPORATION F. SAMPLE LIST OF FIRM‐WIDE PUBLIC PENSION CLIENTS G. SAMPLE LIST OF FIRM‐WIDE OPEB CLIENTS H. FLORIDA PENSION CLIENT LIST I. FLORIDA OPEB CLIENT LIST September 13, 2021 City of Clearwater ATTN: Lori Vogel, CPPB Procurement Manager 100 S Myrtle Ave, 3rd Floor Clearwater, FL 33756‐5520 Re: Proposal for Actuarial and Related Services RFP #47‐21 Dear Trustees: We are pleased to have the opportunity to submit a proposal to continue providing actuarial consulting services to the City of Clearwater Employees’ Pension Plan and Other Post‐Employment Benefits Plan. This proposal sets forth our understanding of the work to be performed and the overall qualifications and capabilities of the consultants and resources of Gabriel, Roeder, Smith and Company (GRS). GRS has been the actuary for the City of Clearwater (herein after referred to as the “City”) Employees’ Pension Plan and Other Post‐Employment Benefit Plan (OPEB) for the past 12 years. During this time, we have provided the City with Annual Valuation Reports, two Experience Study Reports, Actuarial reports for compliance with GASB 67/68 and Florida Statutes Chapter 112.664 and 112.63 (all such reports since and including their implementation), and service purchase calculations. We have also prepared several studies and provided consulting advice to the City on topics such as actuarial assumptions and methods, the impact of plan design changes, the creation of a funding policy, and other issues. As such, we possess a great deal of knowledge about the Pension Plan and believe that this, along with our firm’s expertise in the public sector, can provide a continued strong relationship into the future. The reasons a City or Board of Trustees decides to change actuaries are usually related to service issues, the level of fees charged, timeliness of projects, or ineffective communication (presentations that are not easily understood). It is our hope that the City recognizes our ability to have worked collaboratively with them in each of these key areas over the past 12 years. If there are any issues in these or other areas, we would be more than happy to discuss them with you. Our goal has always been to make the City feel that we were always a phone call away whenever a plan or actuarial issue occurred. We have greatly enjoyed working with the City and hope to continue to strengthen our relationship going forward. GRS offers the City an actuarial firm that uniquely specializes in serving public sector retirement systems with a nationally recognized reputation, an excellent research center focused on public employer retirement issues, and a clear understanding of national, state, and local political and legislative environments and processes. Our proposed City client service team is highly capable and experienced in the public sector arena and will meet the specific needs of the City. City of Clearwater September 13, 2021 Page 2 We believe there are six key qualification areas that you want to look for in your actuarial firm. Knowing what firms will likely be proposing for this engagement, we identified these six as genuine ways to distinguish among various actuarial firms.  CALIBER OF CONSULTANTS – GRS has more consulting actuaries dedicated solely to providing services to the public sector than any other firm in the nation. There are 15 full‐time, experienced, credentialed actuaries in our Fort Lauderdale office dedicated to Florida public sector work. The local Team is supplemented by vast firm‐wide resources. Whatever challenges the Board will face, the City’s Team will have the resources it needs to offer viable, reasonable solutions. Pete Strong, a Fellow of the Society of Actuaries with 25 years of actuarial experience, will continue to serve as the Lead Consultant and Actuary for the Pension Plan. Trisha Amrose, who has 21 years of experience, will continue to serve as the Pension Plan’s Managing Actuary, and Jeffrey Amrose, who has 28 years of experience, will continue to serve as the peer review actuary. Jim Rizzo, Piotr Krekora and Nicolas Lahaye, who have a combined total of over 75 years of actuarial experience, will continue to serve as the actuaries for the OPEB plan. If retained, Mr. Strong will be attending the Pension Trustees meetings to review the results of the annual Actuarial Valuation Report. It will continue to be his goal to present the valuation report in an easy to understand manner and to foster conversations about actuarial topics.  FLORIDA EXPERIENCE – GRS and its Florida office predecessor have been active in the Florida public sector pension market since the 1950s. In Florida alone, we are currently engaged by about 130 governmental clients for pension actuarial consulting and about 125 governmental clients for OPEB actuarial consulting. We consider it important for Florida municipalities to have an actuarial firm with substantial Florida experience. We know the statutes and regulations well; we know the regulatory staff and many of the legislators by name; and we know the trustees, finance directors and other consultants across the state. This boots‐on‐the‐ground experience impacts the level of service we provide to our clients.  TECHNICAL FOUNDATION – GRS emphasizes innovative and useful technology for hands‐on management of the Plans. This includes: web‐based benefit calculation tools for use by in‐house administrators and/or by plan members, online portal access to a wealth of GRS resources for plan management, including benchmarking; user‐driven modelling of various what‐if scenarios; and dashboard graphics designed to provide management‐level snapshots of plan progress, current status and risk metrics. GRS has more innovative tools for plan management than other firms.  QUALITY, INTEGRITY AND PROFESSIONALISM – GRS maintains strict internal controls for quality assurance. We have detailed checklists with a doer, checker, reviewer, and peer reviewer for every actuarial valuation. This gives GRS clients and their auditors a high degree of comfort in the actuarial and accounting aspects of our work. GRS Consultants are national leaders in pension matters – both TAB 2 QUALIFICATIONS AND EXPERIENCE OF THE FIRM City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 4 1. A statement of qualifications, abilities, experience and expertise in providing the requested services: a. Statement 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. HISTORY OF OUR COMPANY Gabriel, Roeder, Smith & Company (GRS) was incorporated on October 2, 1962 from a merger of A. G. Gabriel & Company, a sole proprietorship established in 1938, and another younger sole proprietorship, Roeder & Company. In 1995, the company merged with Kruse, O'Connor & Ling, a Florida based consulting firm located in Fort Lauderdale, Florida. In 2015, the company formed a health & welfare consulting subsidiary, Gabriel, Roeder, Smith & Company Health and Welfare Consulting, LLC from its existing health and welfare practice. For administrative and operating efficiency, both Gabriel, Roeder, Smith & Company and Gabriel, Roeder, Smith & Company Health and Welfare Consulting, LLC are now wholly owned subsidiaries of Gabriel, Roeder, Smith & Company Holdings, Inc., a private Michigan corporation. Nearly 100% of the company’s shareholders are its employees. GRS is a national actuarial and benefits consulting firm that focuses on actuarial services for the public sector. Our public sector work is not confined to a small specialty unit in a larger diverse organization. Actuarial consulting for public sector (governmental) entities is essentially all we do. This distinguishes GRS from other national firms whose public sector actuarial practice is a smaller unit amongst a large diverse organization. We do not have a parent organization that focuses on other business lines unrelated to public pensions/OPEBs. Our entire firm is dedicated to governmental actuarial and benefits consulting. That single‐mindedness ensures that the resources needed for public sector services are not crowded out by other corporate interests. Our reputation for providing independent advice and quality consulting services has remained unmatched for 80 years. Our actuarial experience, technology solutions, and nationally recognized research help our clients develop fiscally sustainable programs and preserve financial security for millions of Americans. GRS and its Florida office predecessor have been active in the Florida public sector pension market since the 1950s. In Florida alone, we are currently engaged by about 130 governmental clients for pension actuarial consulting and about 125 governmental clients for OPEB actuarial consulting. We consider it important for Florida municipalities to have an actuarial firm with substantial Florida experience. City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 5 Our total client base includes over 1,000 public sector clients firmwide. Over the years, we have worked in almost all 50 states. The far‐ranging locations of our clients and the long associations we have maintained with them attest to the quality of our services. We have been associated with over half of our clients for at least 15 years, many for more than 40 years, and some for over 60 years. GRS has more consulting actuaries dedicated solely to providing services to the public sector than any other firm in the nation. There are 15 full‐time, experienced, credentialed actuaries in our Fort Lauderdale office dedicated to Florida public sector work. The local Team is supplemented by vast firm‐wide resources. Whatever challenges the Board will face, the City’s Team will have the resources it needs to offer viable, reasonable solutions. Entities that have an ownership stake in GRS:  GRS Employees, as individuals,  GRS Employee Stock Ownership Plan, with pass‐through voting rights to employees, and  One Outside Director No single shareholder owns more than 6% of the firm. The owners of GRS understand our business, because we are owned by ourselves. This is not always true of actuarial service providers. We are employees, and we are owners. Broad employee ownership (as opposed to ownership concentrated by one to a few employees or distant ownership) infuses a greater sense of mission among all of us to serve our clients well. GRS does not anticipate any imminent changes to its ownership or structure. GRS will not be using any subcontractors to complete the work requested by the RFP. GRS has not been bought and sold over the years. We have always been an employee‐owned organization (since 1938). Our Senior Consultants have unmatched loyalty and tenure with GRS with very little turnover (except for retirements), with a continual flow of new Consulting‐level talent joining GRS due to our growth nationally. This brings stability of service to our clients. We do not compromise service quality for client base growth, and GRS only bids on work that it has the resources to provide. Your assigned team will always have backup, if needed. New communication technologies have improved the ability of firms to provide better client service. GRS utilizes all of the new communication methods available — web meetings and video conferencing, along with email, voicemail, and cell phones — to serve our clients and communicate across our firm. But we do not rely solely on these technologies to operate our company. We think of these technologies as a complement to our fully‐staffed office structure. City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 6 EXPERIENCE GRS is our nation’s largest provider of actuarial and consulting services to the public sector retirement community.  For a sample of pension clients (nationally), please refer to Appendix F.  For a sample of OPEB clients (nationally), please refer to Appendix G.  For a list of Florida pension clients, please refer to Appendix H.  For a list of Florida OPEB clients, please refer to Appendix I. The addresses and phone numbers of contact persons for some of these clients are provided in Tab 6 – References. HI AK FL MI ME NY PA VAWV OH INIL WI NCTN AK MO GA SC KY AL LA MS IA MN OK TX NM KS NE SD ND WY MT CO ID UT AZ NV OR WA CA A Firm with a National Perspective States where GRS currently provides retained consulting services to statewide systems States where GRS has provided actuarial and benefits consulting services CT RI MD NH VT Our long history and tenure with so many clients are a testimony and demonstration of our commitment to our clients and their needs. Decades of stability attest to our “past experience and demonstrated ability” to serve our clients and plan members in meaningful ways. The far‐ranging locations of our clients, and the long associations we have enjoyed with them, attest to the quality of our services. City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 7 Our broad experience in diverse geographical and political environments is a substantial asset to our clients because it means we have successfully negotiated a wide variety of technically challenging situations at all levels of government in locations across the country. Whatever the client relationship brings to the table, chances are we have dealt with a similar situation before and will be comfortable navigating the intricacies client situations often present—and we are more than capable of making the process simpler and smoother for everyone involved. Some key characteristics of our client base offer an insightful overview of our experience:  We provide actuarial and benefit consulting services to over 400 public sector pension systems and nearly 600 public sector Other Post‐Employment Benefit (OPEB) plans;  Our client base is comprised of post‐retirement benefit systems and employers at state, city, public authority, county, hospital, and not‐for‐profit organizations;  Over 99% of our client base is in the public sector;  Over 95% of our company’s revenue is derived from services to the public sector;  GRS provides independent consulting services generated on a fee‐for‐service basis. Our consulting is provided solely in the best interests of our clients. Our philosophy is to deliver high‐quality consulting services that meet each client’s objectives.  Our services are offered through full‐service offices. The local office which has served the City of Clearwater and would continue to provide actuarial services to the City of Clearwater is in Fort Lauderdale;  We currently serve as actuary and consultant to 35 statewide retirement plans with an average of over $20 billion in assets. Of these, 21 have 50,000 or more participants (they average over 70,000 retirees and over 130,000 active employees each);  Most GRS clients have multiple retirement structures. In many cases, our clients have multiple plans because of multiple classes of employees, such as police, fire, teachers, and general. Often, different groups of employees are subject to different pension provisions because of different collective bargaining agreements. This national experience and large plan experience enables all of our consultants to deliver better services to all of our clients regardless of size. We have seen just about everything and continually disseminate learned information across all offices and to all consultants, through intranet portal discussion groups, monthly conference calls, annual face‐to‐face meetings, and informal subnetworks among consultants and across offices. Our internal networking among consultants and across offices is unparalleled in its extent and effectiveness. City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 8 Our commitment to public employee retirement systems is highlighted by the fact that all our actuaries have experience in benefit design, plan administration, and legislative issues, as well as valuation‐related services. Additionally, GRS has more actuaries and consultants devoted exclusively to serving governmental retirement systems than any other firm in the country, by a wide margin. Because all of our actuaries and consultants have extensive public plan experience, the back‐up needed to deal with unforeseen circumstances is always available. Our employees are affiliated with numerous governmental groups, from the national Government Finance Officers Association (GFOA), National Conference on Public Employee Retirement Systems (NCPERS), the National Association of State Retirement Administrators (NASRA) to the Florida Public Pension Trustees Association (FPPTA), the Florida GFOA, Florida Public Pension Trustees Association (FPPTA) and many others. GRS supports the public sector not only through its provision of services, but by dedicating its resources to the public sector benefits industry in the form of published articles, conference presentations, surveys, legislative testimony, and membership on committees of public sector organizations. We are committed to supporting your pension and OPEB plan and the members they cover. GRS OPEB EXPERTISE GRS has developed resources and services to respond to health care plan sponsors’ needs in the areas of GASB No. 74 and No. 75 compliance, OPEB funding, health care cost management and benefit design. In addition, our OPEB expertise encompasses the following:  GRS has health care actuaries, health care consultants, and health care actuarial analysts who analyze OPEB benefits promised, health care claims experience and health care trend assumptions. Our in‐depth analysis develops the premium rates used in the actuarial valuation. Rates are critical components in projecting OPEB liabilities. Our expertise in this area ensures that premium rates and the underlying health care assumptions are reasonable.  GRS has actuaries and consultants with an average of 20 years of experience developing long‐term actuarial projections. They are experts in analyzing eligibility requirements, pre‐funding arrangements, cost‐sharing arrangements and actuarial assumptions, which affect the direction and size of actuarial liabilities. City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 9  GRS has a peer review process for its OPEB valuations. This peer review process, assigned to internal staff, ensures our work meets actuarial standards of practice and professionalism.  GRS has a research group focused on benefits research for the public sector.  Several GRS employees have directly worked with the Governmental Accounting Standards Board (GASB) and written actuarial standards for the Actuarial Standards Board (ASB), both for OPEB‐related work.  GRS has a standing committee of actuaries dedicated to analyzing OPEB issues. CORPORATE MANAGEMENT PHILOSOPHY Since its inception, GRS has placed special emphasis on actuarial and benefits consulting services to the public sector. GRS’ client base includes more than 1,000 public sector entities. A trusted partner to its clients, GRS brings innovative, practical solutions to the challenges faced by benefit plans and plan sponsors. GRS offers pension and OPEB consulting, health and welfare consulting, defined benefit administration services, and retirement technology services, all of which comprise core competencies for GRS. The following strengths make GRS’ consulting expertise invaluable to the public sector. GRS corporate management supports the following approaches: • Reputation for an unbiased presentation of facts ‐‐ our role is to present unbiased information and consulting advice so that pension trustees and governments can make decisions. • Clear understanding that the plan operates towards the beneficial interest of the plan sponsor and plan participants. • Sensitivity to the considerations of the various stakeholders, management, labor management, private citizens, taxpayers, and pension trustees. • We maintain a client‐to‐consultant ratio that balances growth, in terms of both clients and staff, to a level that facilitates superior client services. Because we do not compromise service levels for growth, GRS only bids on work that it is qualified and able to provide. • At some actuarial and benefits consulting firms, the provision of consulting services is secondary to completion of the annual actuarial valuation. In contrast, at GRS, we consider the provision of retirement consulting services to be equally as important as the actuarial valuation itself. We view the provision of consulting services as making our clients’ lives easier and providing them with complete information such that they will be able to make informed decisions, and anticipate events that may impact this process. City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 10 GRS has been serving clients for over 75 years, with many client relationships in existence for more than 50 to 60 years and one that has lasted for 83 years (since the beginning of the company). As the leading provider of actuarial services to the public sector, we strive to improve our services to clients using technology, research, client education, and professional development opportunities for our staff. As a result, we believe GRS has no significant weaknesses with respect to delivering actuarial and consulting services. Our Corporate Vision, Mission and Values: Our Vision—To be known in the industry as the premier provider of innovative and sustainable benefit solutions. Our Mission—To provide independent actuarial and consulting services that are designed to ensure the long‐term success of our clients’ benefit programs considering the needs of all stakeholders. Our Values— Professionalism. We exhibit professionalism and ethics in all aspects of our business. Quality. We provide high quality work products to all of our clients. Innovation. We put innovative ideas into action. Respect. We provide a collaborative work environment that respects the diversity, talents, and professional aspirations of our associates. b. Size of firm, organizational structure, location of management, and charter authorization and licenses to do business in the State of Florida. GRS Holdings, Inc. currently has a total of 140 employees with 7 offices throughout the country, including (in order of size): Southfield, Michigan; Fort Lauderdale, Florida; Dallas, Texas; Chicago, Illinois; Denver, Colorado; Minneapolis, Minnesota; and Grand Rapids, Michigan. Approximately 105 employees are directly involved in providing actuarial services to public sector clients. Of these, 68 are credentialed actuaries. The local office selected to service your Plan, the Fort Lauderdale, Florida office, has 37 employees, 15 of whom are credentialed actuaries. The GRS Service Team assembled for your Pension Plan includes three consultant‐level actuaries: Pete Strong, Trisha Amrose and Jeffrey Amrose. All three consultants, at a minimum, are enrolled actuaries, and each has substantial experience with Florida public sector pension programs. City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 11 LOCATION OF MANAGEMENT (CORPORATE HEADQUARTERS) Gabriel, Roeder, Smith & Company 1 Towne Square, Suite 800 Southfield, Michigan 48076 Telephone number: (248) 799‐9000 City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 12 LICENSE TO DO BUSINESS IN FLORIDA City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 13 c. Description of resources available to your firm and expertise in the governmental field. GRS supports its consultants and analysts through various GRS actuarial and research resources. These resources help them deliver the highest quality services to clients. In addition, GRS encourages its consultants to participate in activities that support public sector benefit plans. We believe that our professional development support creates an environment for service excellence, which has resulted in GRS’ low employee turnover compared to other firms. A few examples of this support are provided:  GRS’ Internal Software and Programming Group supports our internally written and maintained actuarial software and provides ongoing training for all actuarial employees on its use. Our consultants know that the work they produce uses methods that comply with the latest actuarial standards, methods, assumptions, and tables required for public sector work. Many of our competitors do not place emphasis on software and training for public sector plans.  Our Research Group provides useful information on plan design, federal and state legislation, accounting rules, and other regulatory issues on topics of interest to employee benefit plans. In addition, our consultants routinely contribute articles to industry publications. GRS communicates the results of its research through: 1) GRS Insight, its newsletter on pension and health care related topics; 2) GRS Perspectives, our consultant authored articles; and 3) News Scan, brief news summaries produced by our Research Manager. Our current publications are available on our website at www.grsconsulting.com. Clients have access to archived publications through GRS Advantage™, our client services website.  Our consultants remain updated on benefit issues using our internal company portal that provides them with GRS Research group publications, benefits‐related publications from external sources, and discussion boards for information sharing.  GRS supports consultants’ activities as speakers, committee members, and as authors of articles for industry and public sector associations such as the National Association of Retirement Administrators (NASRA), National Council on Teacher Retirement (NCTR), National Conference of Public Employee Retirement System (NCPERS), International Foundation of Employee Benefit Plans (IFEBP), Florida Public Pension Trustees Association (FPPTA), American Academy of Actuaries (AAA), and Government Finance Officers Association (GFOA).  GRS’ Chief Actuary, David Kausch, FSA, EA, MAAA, monitors the firm’s adherence to established actuarial standards, provides oversight and interpretations for the firm’s actuarial methodologies, and serves as the GRS spokesperson for the company’s perspectives and positions on actuarial issues. City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 14 COMPUTER & SOFTWARE RESOURCES GRS’ Internal Software and Programming Group supports and updates GRS’ proprietary core calculation software and supports GRS client services teams. The team consists of three full‐ time employees with over 60 years of combined experience in the public pension field. Our valuation program distinguishes us from all of our competitors in that it was designed for the public sector. Many of our competitors use commercial software that, for the most part, is private‐sector based. It has been our experience that private sector software does not handle well all of the many complex features that are typical in governmental plans. Typically, commercial software source code can only be modified by the companies who own it—not by the firms using it. Some larger competitors also use software that they have written. Once again, their software tends to be private‐sector based and does not do as well with contributory plans, which are fundamental to governmental plans. Actuarial Valuation Software The GRS core calculation software used for the actuarial valuation of defined benefit and hybrid pension plans and other post‐employment benefit (OPEB) plans has evolved over 40+ years of internal use and is a very stable platform. Because our specialty is public pension and retiree medical plans, our software is uniquely designed to handle those cases. GRS valuation software is geared to develop the most level funding possible. Our software design guarantees that the assumptions and methods used in the pension valuation are fully compatible with those used in the retiree health valuation— eliminating double handling of data. The actuarial valuation of a pension plan’s provisions is usually handled by assigning values to at least five hundred standard valuation parameters. Our experience is most benefit plans have some unique features which cannot be handled by standard valuation parameters. To ensure reasonable and accurate valuation of these features, our valuation software can be customized for all pension plans. Technologically, we are distinguished from many of our competitors in that our valuation software can handle eight separate decrements corresponding to the following benefit events:  normal retirement,  early retirement,  vested termination,  refunds of member contribution,  pre‐retirement death (duty versus non‐duty), and  pre‐retirement disability (duty versus non‐duty). City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 15 GRS’ software handles both the inflation‐based and merit‐and‐seniority‐based elements of salary increase assumptions, which may be a function of  age,  service,  or both age and service. Our software automatically produces multi‐year projections. GRS has also developed unique methods that explicitly value gain‐loss analyses and decrement experience studies by source. GRS’ software package allows our actuaries to examine the annual reconciliation of data with unmatched efficiency and truly understand how the liabilities of an actuarial valuation are affected by the methodologies used to set the assumptions. Our software package allows the actuary to examine the data for several parameters, giving the actuary the ability to set the assumptions based on the most appropriate methodologies for the client. A distinguishing feature of our system, which has been used to research termination and retirement assumptions for clients of all sizes, relates to the methodology of basing termination expectations on years of retirement eligibility, instead of solely on age. The results of our research are being utilized in the valuations for GRS clients today. The process was specifically created by our flexible software. Unlike many of our competitors, we can develop innovative valuation techniques needed by public sector plans, such as this feature, because we own our software. GOVERNMENTAL EXPERTISE RESOURCES GRS utilizes its internal Research Group for expertise on plan design, federal and state legislation, accounting rules and other regulatory issues. In addition to internal research, GRS subscribes to legal and regulatory research from a variety of external sources, including:  Commerce Clearing House Pension Plan Guide On‐Line – Provides instant access to the most current IRS provisions related to employee benefits, updated daily by the staff of Commerce Clearing House. This package of services includes daily notices of changes or additions to IRS documents, current text of relevant federal benefit laws and regulations and detailed explanations by attorneys and other knowledgeable benefit professionals of how federal laws affect benefit practice.  Research Institute of America’s Checkpoint Database – Provides instant access to detailed information about the federal laws and regulations governing pension and benefit plans, including published private letter rulings and all federal court cases related to employee benefits. In addition, Checkpoint provides access to all of the GASB’s statements, guidelines, and pronouncements. City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 16  Bureau of National Affairs Pension & Benefits Reporter – Provides on‐line access to current (as well as previous) issues of the premier journal covering retirement and benefits news across the U.S. Whenever there is a regulatory or legal question, because our consultants are well‐versed in public sector benefit plan issues, we are able to guide our clients towards the most appropriate resource to answer the question or resolve the matter. GRS has structured its resources in tiers based on the scope and depth of our client’s inquiry or service need. Examples of this include:  GRS publishes articles and news summaries on benefits related to legislative and regulatory issues through its Research Group.  For client‐specific requests that require more in‐depth technical review, GRS’ subject matter experts, assigned to GRS’ internal committees (e.g., the 415 Limit Committee, the GASB Committee, and the Professionalism Committee), are available to support the team.  While GRS does not practice law, our relationship with the Groom Law Group supports GRS consultants’ understanding of legal issues affecting governmental plans. The Groom Law Group provides support to GRS as needed. The Groom Law Group's Retirement Expertise GRS has a relationship with one of the top law firms specializing in employee benefits in the country. The Groom Law Group has nationally recognized attorneys and researchers specializing in public sector retirement systems who can provide expert advice and counsel on all areas of retirement matters relevant to governmental plans. Groom's governmental retirement plan experience includes expertise in IRS code and related tax matters, fiduciary governance, investment management and related income tax consequences, governmental plan status, governmental plan bankruptcies, and the interaction with related health care matters. The Groom Law Group's team regularly works with the IRS and U.S. Treasury Department on guidance and compliance matters and maintains a significant lobbying presence on retirement matters from its headquarters in Washington, D.C. GRS’ FULLY‐STAFFED OFFICES We understand the demands and needs of public pension systems and the requirement for timely communication. GRS will service your plan through a fully‐staffed office. Fully‐staffed GRS offices have senior consultants, consultants, senior analysts, analysts, and administrative staff in one location. In addition, each fully‐staffed office has technology resources (network servers, computer equipment and actuarial and business software) that allow it to operate independently of other offices. City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 17 Your GRS team routinely provides consultation to clients using all of the methods expected by the City. We understand the proactive measures that must be maintained to provide the services required. We will continue to be readily accessible to City staff, as we have been over the past 12 years. The City of Clearwater currently has, and will continue to have, an important position as a GRS client; your telephone calls will always be returned promptly, whether we are out of the office, on other business, or on vacation. Of course, Clearwater will continue to be able to reach all team members by phone and email. Of course, new communication technologies have improved the ability of firms to provide better client service. GRS utilizes all communication methods available—email, voicemail, cell phones, and web‐based meetings—to serve clients and communicate across our firm. But we do not rely solely on these technologies to operate our company. We think of these technologies as a complement to our fully‐staffed office structure. CONSISTENT QUALITY OF STAFFING At GRS, we believe that professional growth and satisfaction are achieved by offering our employees challenging projects and responsibilities, along with company‐sponsored programs that support professional development. Because we strive to attract and retain employees dedicated to providing services to public sector benefit plans, the company supports its consultants and analysts through various GRS actuarial and research resources. These resources help them deliver the highest quality services to clients. It is a job description requirement that our professional staff meet, on an annual basis, the minimum continuing education requirements described in the “Qualifications Standards for Actuaries Issuing Statements of Public Opinion in the United States.” GRS also strongly supports the ongoing professional development of those who have yet to obtain their credentials. This support includes paid study time, payment of exam registration fees, seminar expenses, and study materials, and bonus payments upon successful exam completion and receipt of professional credentials. In addition, GRS encourages its consultants to participate in activities that support public sector benefit plans. We believe that our professional development support creates an environment for service excellence, which has resulted in GRS’ low employee turnover compared to other firms. City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 18 CORPORATE RESOURCES GRS maintains a research department responsible for specific client research matters. This department also has a nationally respected Washington, DC law firm (the Groom Law Group) on retainer for legal questions and additional research our clients might need. GRS maintains a corporate IT department (called ISTP) that manages our in‐house actuarial software (separate from our commercial actuarial software) and other internal support. GRS also maintains a separate client‐supporting IT department that serves as the Retirement Technologies unit for serving client needs including GRS Advantage, Launch Platform, Customer Information Database, web‐based co‐sourcing census plan administration, web‐based benefit calculators, and other client‐supporting technology tools. GRS holds a monthly Consultants Conference Call to communicate, educate, and share information with all GRS Consultants. We also conduct a highly professional Annual Conference. Over 60 of our Consultants and credentialed Senior Analysts meet each summer in person to network and attend numerous sessions relating to public sector pension and OPEB work. As we mentioned, public sector benefits consulting is virtually all we do. OTHER SERVICES PROVIDED BY GRS GRS Holdings, Inc. provides health and welfare consulting through its subsidiary GRS Health and Welfare Consulting, LLC (GRS HW). GRS HW provides actuarial and health data analytics services related to health care (e.g., claims analysis, utilization management, premium rate setting, IBNR, Medicare Part D attestations, etc.), vendor procurement and management, and medical and pharmacy consulting. Our Defined Benefit Administration services include: a. Team‐based DB Plan Administration is an outsourcing service option that provides all of the key day‐to‐day administration functions needed by defined benefit pension plans (e.g., data housing, benefit calculations, call‐center, online benefit calculators, and other administrative services). Each DB Plan Administration team includes a DB Plan Administration Consultant, call‐center associates, actuarial consultants, and technology support personnel. b. GRS provides many of its pension actuarial clients with online benefit calculators that can be used by plan staff or participants to estimate or calculate final benefits. Our calculators provide realistic anticipated benefit amounts because we use clients’ actual census data and plan provisions. City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 19 OTHER GRS PRODUCTS AND SERVICES:  GRS and PensionSoft have combined forces to set up pension administration systems that can be used as web‐based benefit estimators for the members of a plan or as a full pension administration system.  GRS Foresight™: GRS provides further valuation insights through projection technologies. GRS Foresight™ provides risk analysis, assumption or benefit design and cost studies that not only reflect the unique nature of public sector benefit plans, but the client’s unique plan features.  GRS Advantage™: o GRS TrendLine™, our public sector benefit benchmarking application, provides public employee retirement systems with a variety of statistical information related to assumptions, benefit design, and funding. o GRS publication archives include GRS Insight, GRS Perspectives, and GRS News Scan. o Secure file transfer for clients sending confidential information. o Defined Benefit Plan Administration. Our software provides benefit calculations, data housing, and access to forms and plan documents. d. Overview of any current litigation your firm is a party to. Gabriel, Roeder, Smith & Company is currently not involved in any litigation. TAB 3 QUALIFICATIONS OF PERSONNEL City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 20 1. Provide resumes of the personnel who would be directly involved in performing actuarial services for the City and the pension plan, including: a. Formal and supplemental education, certifications, and licenses if applicable b. Experience in performing actuarial services including pension plan for governmental clients c. Memberships in professional organizations OFFICE PROVIDING SERVICES The City of Clearwater Employees’ Pension Plan and Other Post‐Employment Benefits Plan will be serviced entirely out of GRS’ fully‐staffed Fort Lauderdale office: Gabriel, Roeder, Smith & Company One East Broward Boulevard, Suite 505 Fort Lauderdale, Florida 33301‐1804 Telephone number: (954) 527‐1616 THE GRS TEAM FOR THE CITY OF CLEARWATER: At GRS, we use a client service team approach in order to leverage our resources in the most effective and efficient way. This approach ensures that work is performed at the most appropriate level so that we deliver services to the City efficiently, at the lowest possible cost, without compromising quality. This approach also ensures that a number of associates are familiar with your Plan, preventing any disruption of services provided to the City. The key members of your team — all experienced actuaries — will provide direction to a staff of associates selected according to the appropriate levels of experience and expertise for this engagement. It is important to GRS that our clients are provided with superior and timely service. To ensure quality and timely service delivery, we maintain workloads for individuals at levels that allow them to function at their best level of efficiency. The following is the GRS Client Service Team proposed for managing the services outlined in the proposal: Lead Pension Consulting Actuary and Primary Pension Contact: Peter Strong, FSA, EA, FCA, MAAA Managing Pension Consultant and Actuary: Trisha Amrose, EA, MAAA Peer Review, Resource and Backup Pension Actuary: Jeffrey Amrose, EA, MAAA Lead OPEB Consulting Actuary: Piotr Krekora, EA, MAAA, FCA City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 21 Principal / Managing OPEB Consultant and Actuary: Nicolas Lahaye, FSA, EA MAAA Resource and Peer Review Actuary for OPEB: Jim Rizzo, ASA, EA, FCA, MAAA Senior Actuarial Analysts: Israel Bichachi, ASA, MAAA and Peter Tramont Actuarial Analyst: Victoria Merz Peter N. Strong (Pete) will continue to serve as the Lead Pension Consulting and Primary Pension Contact (and Project Manager) assigned to the City of Clearwater Employees’ Pension Plan. Mr. Strong is a Senior Consultant with over 25 years of professional pension actuarial and consulting experience, including over 13 years with GRS. Pete is a well‐respected consulting actuary as attested by the community of pension professionals, board trustees and the City staff of his clients, and his peers throughout GRS. Pete is a frequent speaker at the Florida Public Pension Trustees Association (FPPTA) ‐‐ at its annual conference and its trustee schools. Pete is a Fellow of the Society of Actuaries (FSA), a Member of the American Academy of Actuaries (MAAA), a Fellow of the Conference of Consulting Actuaries (FCA), and an Enrolled Actuary (EA). He holds a Bachelor of Science degree in mathematical sciences from the University of North Carolina at Chapel Hill. He is currently responsible for 24 public sector pension clients, including the City of Clearwater Employees’ Pension Plan. Pete’s current client list includes the following pension clients: • City of Clearwater Employees’ Pension Plan • City of Coral Gables Retirement System • Town of Palm Beach Retirement System • City of Tallahassee Pension Plans • City of Jacksonville Police and Fire Pension Fund • And several others The City of Coral Gables Retirement System, the Town of Palm Beach Retirement System, and the City of Tallahassee Pension Plans are all similar to the City of Clearwater Employees’ Pension Plan in that they all cover all groups of employees ‐‐ General Employees, Firefighters, and Police Officers, with separate results reported for each group. City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 22 Trisha Amrose will continue to serve as the Managing Pension Consultant and Actuary for the City of Clearwater Employees’ Pension Plan and will be directly involved in the preparation of pension valuation reports, GASB reports, compliance reports, studies and actuarial impact statements. She is a Member of the American Academy of Actuaries (MAAA) and an Enrolled Actuary under ERISA (EA). Trisha has over 21 years of experience in actuarial, administrative, and consulting services for employee retirement systems and post‐retirement health care plans, including over 15 years with GRS. She has extensive knowledge of Florida Statutes, including Chapter 175 and 185, as they apply to municipal pension plans. Trisha also has experience consulting on hybrid plan arrangements, pension plans with multiple tiers and groups, COLAs, and Deferred Retirement Option Plans (DROPs). Jeffrey Amrose (Jeff), Senior Consultant and Actuary, will continue to serve as the Peer Review, Resource and Back‐up Pension Actuary for the City of Clearwater Employees’ Pension Plan. Jeff is an Enrolled Actuary under ERISA (EA) and a Member of the American Academy of Actuaries (MAAA). He has over 27 years of experience in actuarial, administrative, and consulting services for employee retirement systems, and he has been with GRS for over 15 years. As Peer Review Actuary, he is responsible for ensuring the final deliverable reports are understandable and comply with all GRS internal quality standards and all Actuarial Standards of Practice. He currently doubles as a Team Leader with management responsibilities for a team of approximately 15 Analysts and Consultants. His actuarial responsibilities for clients have included valuations for funding and accounting purposes, cost analyses of proposed plan changes, experience studies, GASB actuarial work, peer review for other clients and cash flow projections. Jeff’s current client list includes the retirement systems for: • City of Lakeland General Employees • City of West Palm Beach Police Officers • City of Fort Lauderdale General Employees • City of Miami Beach General Employees • And several others Piotr Krekora will continue to serve as the Lead OPEB Consulting Actuary (and Project Manager) for the City’s OPEB Plan. Dr. Krekora is a Consultant and has been with GRS for over 15 years. He has been involved in the preparation of several hundred OPEB actuarial valuations, including incorporating the implementation of GASB 43/45 and then GASB 74/75. He has also performed numerous OPEB studies, cost analyses of proposed plan changes, population projections, etc. Piotr has seen just about every type of OPEB provision imaginable, and adheres to the highest quality standards so that clients and their auditors can have confidence in the measurement of the OPEB program’s costs and liabilities. He is currently responsible for directing an internal team of actuarial analysts and other credentialed actuaries and serves as Managing Actuary and reviewer of these valuations. He is also an experienced pension actuary. City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 23 Piotr has had several speaking engagements over the years, including at the GFOA, FPPTA, NCPERS, CCA and Florida GFOA. Piotr is an Associate of the Society of Actuaries (ASA), a Fellow of the Conference of Consulting Actuaries (FCA), a Member of the American Academy of Actuaries (MAAA), and holds a Ph.D. in theoretical and computational physics. He is active in the Society of Actuaries’ Social Insurance and Public Finance Community. Piotr’s current OPEB client list includes: • City of Clearwater • Pinellas County and Clerk • Pinellas County Sheriff’s Office • Broward County School District • And several others Nicolas Lahaye (Nick), Consultant and Actuary with GRS, will serve as the Principal (Managing) Actuary for the City’s OPEB Plan. Mr. Lahaye is a Fellow of the Society of Actuaries (FSA), a Fellow of the Conference of Consulting Actuaries (FCA), a Member of the American Academy of Actuaries (MAAA), and an Enrolled Actuary (EA). He is responsible for managing the OPEB valuation process from beginning to end. He has been a Consultant with GRS for five years working nearly exclusively on Florida public pension and OPEB plans. Including his time before coming to GRS at another national actuarial firm, he has over 15 years of public sector pension and OPEB actuarial experience. He has been involved in the preparation of numerous actuarial valuations, cost analyses of proposed plan changes, population projections, etc. Currently, Nick serves as the Principal Actuary for over 30 Florida governmental OPEB plans. As the Managing OPEB Actuary, Nick brings to the City of Clearwater significant experience in delivering efficient, accurate and client‐responsive OPEB services under GASB Statement Nos. 74 and 75. James J. Rizzo (Jim), Senior Consultant and Actuary, will continue to serve as a Resource Actuary and OPEB Peer Review Actuary. As a resource actuary, he serves as a guide for high‐ level matters pertaining to actuarial assumptions, methods, and GASB / accounting issues. He will also continue to peer review and sign each OPEB valuation report. With over 40 years of public sector actuarial experience, Mr. Rizzo is one of the nation’s leading experts on pension actuarial matters. He serves on the various national actuarial committees of the American Academy of Actuaries (AAA) and the Conference of Consulting Actuaries (CCA), City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 24 including the CCA Committee that drafted the recently released major White Paper on public sector pension funding. Mr. Rizzo is also one of the nation’s leading experts on pension accounting matters, speaking at GFOA and other national conferences as well as state and local conferences. He is on a first‐ name basis with the GASB board members and staff, who periodically consult him for input on their accounting standards. He also served on the GASB’s Task Force for the development of Governmental Accounting Standards 67 and 68, and on the GASB’s Implementation Guide committee for GASB Standards 74 and 75. Mr. Rizzo is an Associate of the Society of Actuaries (ASA) and Member of its Investment, Pension, and Health sections; a Member of the American Academy of Actuaries (MAAA); an Enrolled Actuary under ERISA (EA); and a Fellow of the Conference of Consulting Actuaries (FCA). Jim’s current client list includes: • State of Louisiana • City of Miami • Jacksonville Electric Authority • And several others Israel Bichachi will continue to serve as a Senior Actuarial Analyst for the pension plan and as a back‐up Senior Actuarial Analyst for the OPEB plan. He is involved with preparing and checking actuarial valuations, GASB reports, compliance reports, pension projections and studies, experience studies, present value calculations, retirement benefit calculations, and annual benefit statements for system members. Israel has over 10 years of actuarial experience working with public sector pension plans and has also attained his ASA (Associate of the Society of Actuaries) designation. Peter Tramont will continue to serve as a Senior Actuarial Analyst for the OPEB Plan and as a back‐up Senior Actuarial Analyst for the pension plan. He is involved with preparing and checking actuarial valuations, GASB reports, compliance reports, and studies. Peter has over 10 years of pension/OPEB actuarial experience. Victoria Merz will serve as an Actuarial Analyst for both the pension plan and the OPEB plan. Victoria is involved with the preparation of actuarial valuations, GASB reports, compliance reports, pension projections and studies, experience studies, present value calculations, retirement benefit calculations, and annual benefit statements for system members. Victoria has over 2 years of pension actuarial experience. Each of these professionals is a highly qualified actuarial technician. What sets them apart, however, is that they are also high‐quality consultants who are sensitive enough to listen, experienced enough to provide real alternatives, and articulate enough to make themselves City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 25 understood by any audience on any topic in the retirement area—from actuarial concepts to benefits administration. All of these Team members are located in the Fort Lauderdale office. Virtually every member of our professional staff has in‐depth experience with public employee retirement plans. We believe our knowledgeable, responsive approach permits us to offer the highest level of prompt, informed service and personnel back‐up. For more information regarding the Team members, please see their resumes, in Appendix A. TAB 4 APPROACH, METHODOLOGY, AND TIMELINE City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 26 a. Proposed approach and methodology for gathering of data and completion of the valuation We focus on providing real value to our clients by integrating pension funding and accounting into their overall business and financial plans (as compared to merely “running the numbers”). We view the provision of consulting services as making our clients’ lives easier and providing them with complete information so they can make informed decisions, and anticipate events that may impact this process. PENSION PLAN APPROACH AND STEPS 1. The preparation of the annual actuarial valuation report involves the following steps: • Send a detailed census data request letter within the time frames specified by the City of Clearwater. • Upon receipt of the census data, GRS compares the current year’s data to the previous year’s data and reconciles the two. • GRS contacts appropriate City staff to correct apparent data discrepancies, if any. • GRS analyzes the reported financial data and develop the actuarial value of assets. • GRS applies our actuarial modeling software to compute the liabilities and City contribution requirements. • GRS summarizes the results of our calculations in the annual actuarial valuation report. The report is checked by a senior actuarial analyst and then reviewed and peer‐ reviewed by two credentialed actuaries, including at least one Senior Consultant, and then forwarded in draft form to the City of Clearwater. • After the report is reviewed by City staff, GRS finalizes and signs the valuation report. • GRS presents the report to the Pension Trustees at the next Pension Trustees’ meeting. 2. Our approach to providing general actuarial services (studies, actuarial impact statements or other special requests): • An actuarial service is requested by phone, e‐mail, letter, or during a meeting. • A discussion with the appropriate party results in authorization of the work, followed by prioritizing the request and establishing a timeline for completion. • The request is assigned to one or more persons at GRS. • The project is checked by a senior actuarial analyst and reviewed by a credentialed actuary. • The project is peer‐reviewed by a GRS Senior Consultant. • The projected is completed and the finished product is provided to the requestor. 3. We are readily available, by telephone or in person, on very short notice. In the unlikely event that your primary consultant is unavailable, the depth of our staff provides that an experienced back‐up is always available. City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 27 OPEB OBJECTIVES AND APPROACH Objectives 1. Prepare reports that comply with the accounting and financial reporting standards issued by the Governmental Accounting Standards Board (GASB). 2. Prepare reports that comply with actuarial standards of practice issued by the Actuarial Standards Board (ASB), and that go beyond that in technical standards. 3. Prepare reports that give the reader confidence in our work (City staff and auditor). 4. Prepare reports that provide all the relevant and necessary information, as well as back‐up and educational material. 5. Prepare reports that are written in plain English. Approach/Steps 1. GRS sends a detailed data request letter within the time frames specified by the City of Clearwater requesting census data, health claims data, financial reports, rate tables, and any other data and information as necessary. 2. Upon receipt of the data, GRS reviews, verifies and performs various tests for reasonableness on the data. 3. GRS communicates with appropriate City staff to resolve any inconsistencies noticed. 4. GRS develops initial baseline per capita costs for the City’s health and life insurance plans. 5. GRS discusses with City staff any recommended changes to the actuarial assumptions and methods. 6. GRS applies our actuarial modeling software to compute the liabilities. 7. GRS prepares the OPEB actuarial valuation report, which summarizes the results of our calculations. The report is checked by a senior actuarial analyst and then reviewed and peer‐reviewed by two credentialed actuaries, including at least one Senior Consultant. 8. The report is finalized and signed and delivered to the City. Additional services may include: • Recommending alternatives for reducing the cost of benefits and/or recommendations on managing the OPEB liability. • Providing information useful in assessing future funding requirements on the City’s cash flows. • Assisting the City’s Finance Department in the information required for their Comprehensive Annual Financial Report (CAFR), including notes and required supplementary information (RSI) disclosure requirements. City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 28 KEY DEMOGRAPHIC AND ECONOMIC ASSUMPTIONS Assumptions that relate to the population should match those used in any related pension valuation. For many of these assumptions, we should use the same assumptions used for the Employees’ Pension Plan. The OPEB assumptions that may differ from the pension plan assumptions are those that relate specifically to the retiree health benefits, such as the trend and discount rate (since the funding / asset allocation may differ from the pension plan). An additional assumption for the rate of participation in the retiree health care plan also needs to be developed. Demographic Assumptions: For rates of turnover, retirement, disability, and mortality, we generally use the same actuarial assumptions used by the pension plan covering the employees. We believe it is inappropriate to simply pull actuarial tables off the shelf. Unless there are specific reasons to the contrary, we generally recommend relying on the same demographic assumptions used for the pension plan valuation. Economic Assumptions: For an OPEB valuation, the projected salary increase assumption affects the pattern of normal costs under the entry age normal actuarial cost method. Again, as with demographic assumptions, we will lean on the salary increase assumptions employed by the pension plan. General price inflation is a fundamental assumption underlying several of the economic assumptions. We discuss these assumptions and advise the City in order to get their input and buy‐in. The discount rate is a very important actuarial assumption. Under the current standard set by GASB No. 75, this input is required to be based on an index reflecting yields for 20‐year, tax‐ exempt general obligation municipal bonds. We will advise City officials on publicly available indices to be used in setting the discount rate for each annual measurement. Health Care Assumptions: There are numerous other actuarial assumptions related to health care matters. These include the aging scale, the participation and lapse rates, the trend and post‐retirement benefit change rates (initial, ultimate, and year to reach ultimate), etc. For the aging factors (aka morbidity rates), we rely on the latest tables developed jointly by the Society of Actuary and the Health Care Cost Institute and published by Dale Yamamoto. GRS has national and regional data that will be used in setting the near‐term health care trend rate. This rate starts higher and then ratchets down until reaching an ultimate rate in 25‐30 years. We rely on the Getzen model as the most robust method for setting future trend rates. Again, GRS recommends this assumption and the City adopts it. City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 29 OPEB CHANGES Changes in the underlying benefits will be reflected in the valuation. The OPEB liabilities will be changed (either reduced or increased) to reflect changes in the underlying benefit design of the plan. INTERNAL QUALITY CONTROLS (PENSION AND OPEB) GRS has a total quality management program that includes four steps. Under the Quality Assurance process: 1. An Actuarial Analyst develops the plan costs, 2. A Senior Actuarial Analyst verifies each value, 3. The Lead Actuary and Oversight Actuary (the two signing actuaries) will review everything as the valuation process continues to ensure that results not only look reasonable but are correct, and 4. The Peer Review Actuary has the final set of eyes on the report. These guidelines were developed by our national Professionalism Committee and are reviewed and revised as appropriate. In completing any client assignment, it is the goal of each employee of GRS to produce the highest quality work. This practice has been an integral component of our corporate culture throughout our history. GRS clients enjoy a high level of assurance and confidence that our results are reasonable, reliable and fully compliant. GRS uses its Quality Assurance process on all services we provide to our clients. This process provides our clients with confidence that their valuations will (1) be the product of professional actuarial rigor, (2) withstand auditor scrutiny, and (3) be in technical compliance with all actuarial standards. Our thoroughness on the front‐end means far fewer headaches later in the process. Professionalism Committee Quality Assurance Procedures at GRS are developed and monitored by a standing Professionalism Committee. The GRS Professionalism Committee performs internal audits of the work we do for our clients and reports to the firm’s Board of Directors. The following paragraphs describe how our quality assurance procedures apply to three specific types of client assignments: City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 30 Actuarial Valuations Each actuarial valuation for a defined benefit pension plan or a post‐retirement health care program is supervised by a qualified consulting actuary, from the beginning of the process until the final product is sent to the client. Actuarial valuations are prepared by an actuarial analyst and are initially checked by a more senior associate. The two associates work very closely with the consulting actuary to resolve any issues that may arise throughout the process. After completion of the initial checking, the valuation is reviewed by the consulting actuary. The actuary reviews the results for reasonableness. Once the results are finalized and a report is prepared, the report is peer reviewed by another qualified actuary. Each step of the process is documented using the quality forms, and the documentation is filed with the work papers. Special Projects All other projects other than actuarial valuations also follow our standard quality assurance procedures. Initial calculations are prepared by an analyst, checked by a more senior associate and reviewed and peer reviewed by qualified actuaries. Each step of the process is documented using the quality forms, and the documentation is filed with the work papers. Client Correspondence Any substantive client correspondence (letters ‐ hard copy or electronic, reports, presentations, etc.) prepared by one of our actuaries or consultants is peer reviewed by another actuary or consultant. Each step of the process is documented using the quality forms, and the documentation is filed with a copy of the correspondence. Internal Audits Our internal audit process ensures that our associates follow our Quality Assurance procedures and that the services provided to our clients are continuously improving. Please note this is a procedural audit. Through this process, a group of our actuaries and consultants audits the work performed for our clients. The audited clients are selected randomly. A member of the Professionalism Committee begins the audit by conversing with the actuary or consultant and other client team members. Then he or she reviews the work papers, the valuation report and other relevant files to see if quality assurance procedures have been followed and documented. After the Committee member has completed these steps, the findings are discussed with the actuary or consultant responsible for that client. The findings are shared with the other members of the Professionalism Committee at its next quarterly meeting, after which the report is forwarded to the President. City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 31 External Audits Our work for many of our clients has also been audited by other actuarial firms, and our work has passed their scrutiny. This external actuarial audit is a frequent and routine procedure for large pension funds. As serious, committed professionals, we always welcome the constructive suggestions of other qualified professionals. Many of our plans have been subject to actuarial audits during the last five years. In all cases the auditing actuary has been able to reproduce our valuation results to within 1%, and within 0.1% in some cases. GRS agrees with the consistent and periodic audits of all actuarial work. The audit process is typically beneficial to the system, the beneficiaries, and the retained actuary. City officials need to have assurance and confidence in the actuarial product they receive from GRS. Our Quality Assurance procedures are essential in providing exactly that. City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 32 b. Proposed timeline including all significant milestones PENSION PLAN VALUATION TIMELINE CITY OF CLEARWATER EMPLOYEES’ PENSION PLAN ACTUARIAL VALUATION PROCESS ACTIVITY TASKS PHASE 1: Request, Gather and Review Census and Financial Data (By end of February) City staff submits census data and financial (plan asset) information Review data provided and compare to prior year’s data Prepare final database for use in valuation Analyze demographics and salary trends PHASE 2: Incorporate Legislative Changes, if applicable (1st week of March) Analyze legislative changes, if any Incorporate changes into valuation procedures / software programs PHASE 3: Calculate Actuarial Liabilities (2nd week of March) Value current‐year census data based on prior‐year assumptions and plan provisions Analyze liability gains and losses Revise programs for assumption changes, if any, and value liabilities on new assumption basis Measure impact of assumption changes, if any Review programs for changes in plan provisions, if any, and value liabilities on new plan basis Measure impact of changes in plan provisions, if any PHASE 4: Determine Valuation Assets (2nd week of March) Review the financial reports (market value of assets) Analyze change in assets Calculate rate of return Calculate actuarial value of assets Determine asset gain (loss) PHASE 5: Prepare Cost Summaries (3rd week of March) Import output of valuation system into cost worksheets Input asset values into cost worksheets Develop cost calculations and summary tables Determine actuarial gain or loss PHASE 6: Analyze and Review Results (4th week of March) Primary Actuary and actuarial staff review liability and cost calculations Review of assets and summary tables by Primary Actuary PHASE 7: Prepare Report (1st and 2nd week of April) Review preliminary results with Primary Actuary Finalize actuarial and statistical tables Draft discussion sections Produce draft of visuals PHASE 8: Deliver the Report (By mid‐April) Forward draft report to Client designee. Produce final report Present report to Trustees during the next meeting PHASE 9: Prepare Employee Benefit Statements (in May) Prepare and deliver individual Employee Benefit Statements. City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 33 As a result of reviewing this schedule, every responsible person involved with the project gains an understanding of why timeliness is important and how a delay in one step can potentially delay the delivery of the entire project. As shown in the chart, GRS will work with City staff to obtain all of the data necessary to prepare the annual valuation in early to mid‐February. A listing of data exceptions / questions will be sent to the City for verification. Detailed data checking and a reconciliation of status changes from year to year will be performed. OPEB VALUATION TIMELINE ACTIVITY Task Description for OPEB Valuation PHASE 1: Request Census Data (June) GRS prepares and forwards a detailed data request letter. This involves:  Census data from the insurance company(ies) and from the City records,  Health claims data (aggregated),  Financial reports for the plan,  Rate tables, and  Other data and information as necessary GRS submits a summary of substantive plan provisions and requests any updates from the City staff and sign‐off by the City PHASE 2: Gather and Review Census Data (July‐August) City collects and screens data for completeness and submits all data to GRS, along with City’s rep letter. GRS reviews, verifies and performs various tests (not audits) on data for reasonableness; and communicate with staff to resolve any inconsistencies noticed. PHASE 3: Initial Per Capita Costs and Assumption Review (September) GRS develops initial baseline per capita costs for health plans and life insurance plan. GRS discusses with City staff any changes to the actuarial assumptions and methods that might be recommended. PHASE 4: Calculate Actuarial Liabilities (October‐November) GRS programs or updates actuarial software modelling system. PHASE 5: Analyze and Review Results (November) GRS performs full actuarial valuation. PHASE 6: Prepare Report (December) GRS completes and issues final report. TAB 5 FAMILIARITY WITH GASB AND STATE OF FLORIDA REPORTING REQUIREMENTS City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 34 Demonstrate your understanding of all applicable GASB and State of Florida reporting requirements for the pension plan and the City CURRENT REQUIREMENTS BACKGROUND GASB No. 67 GASB No. 67 applies to any stand‐alone GAAP‐compliant financial statement prepared for the Plan and is effective for plan fiscal years beginning after June 15, 2013. The disclosure of certain asset and liability amounts, along with other information, is required to be included in the financial statement for the Plan. Under GASB No. 67, the reporting date is the Plan’s fiscal year‐end. The measurement date used to determine the Plan’s Net Pension Liability must be equal to the reporting date. The Total Pension Liability must be determined under one of two alternatives: (1) an actuarial valuation as of the Plan’s reporting date or (2) a roll‐forward of actuarial valuation results to the Plan’s reporting date (the valuation date must be no more than 24 months before the reporting date). The use of a roll‐forward of actuarial valuation results from a valuation date before the measurement date is very common since it allows for timelier reporting. The Plan’s Fiduciary Net Position must be the actual market value as of the reporting date. GASB No. 68 GASB No. 68 applies to GAAP‐compliant financial statements prepared by the City and is effective for fiscal years beginning after June 15, 2014. The recognition of net pension liabilities (as determined for GASB No. 67), deferred outflows of resources, deferred inflows of resources, and pension expense, along with disclosure of other information, needs to be included in the City’s financial statement. Under GASB No. 68, the reporting date is the employer’s fiscal year‐end. GASB 68 allows the measurement date to be up to one year prior to the reporting date. If the Total Pension Liability as of the measurement date is determined using a roll‐forward procedure, the actuarial valuation date must be no earlier than 30 months and 1 day before the reporting date. The GASB No. 67 and GASB No. 68 actuarial disclosures for the fiscal year ending September 30, 2022 will use the following timing and linkage dates:  Reporting Date – September 30, 2022  Measurement Date – September 30, 2022  Valuation Date – January 1, 2022 City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 35 Use of this timing and linkage provides the reader of the financial statements with the most up to date information. GASB No. 74 GASB No. 74 establishes financial reporting standards for state and local governmental OPEB plans— defined benefit OPEB plans and defined contribution OPEB plans—that are administered through trusts or equivalent arrangements. As the City does not hold any assets for purposes of pre‐funding its OPEB, provisions of this statement do not affect City reporting requirements. GASB No. 75 GASB No. 75 applies to GAAP‐compliant financial statements prepared by the City and is effective for fiscal years beginning after June 15, 2017. The recognition of OPEB liabilities, deferred outflows of resources, deferred inflows of resources, and expense along with disclosure of other information, must be included in the City’s financial statement. Under GASB No. 75, the reporting date is the employer’s fiscal year‐end. GASB 75 allows the measurement date to be up to one year before the reporting date. If the Total OPEB Liability as of the measurement date is determined using a roll‐forward procedure, the actuarial valuation date must be no earlier than 30 months and 1 day before the reporting date. Approach – Timing and Linkage (GASB 75) The GASB No. 75 actuarial disclosures for the fiscal year ending September 30, 2022 will use the following timing and linkage dates:  Reporting Date – September 30, 2022  Measurement Date – September 30, 2022  Valuation Date – January 1, 2022 Use of this timing and linkage provides the reader of the financial statements with the most up to date information. The following table presents the reporting schedule and timing and linkage for the OPEB Plan. City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 36 Actuarial Valuation Date Measurement Date Reporting Date Calculation Method Accounting Standard Contract 1/1/22 9/30/22 9/30/22 Full Valuation GASB 75 Per New Contract 1/1/22 9/30/23 9/30/23 Roll Forward Update GASB 75 Per New Contract 1/1/24 9/30/24 9/30/24 Full Valuation GASB 75 Per New Contract 1/1/24 9/30/25 9/30/25 Roll Forward Update GASB 75 Per New Contract 1/1/26 9/30/26 9/30/26 Full Valuation GASB 75 Per New Contract Florida Chapter 112.664 Compliance Report In 2013, the Governor signed Chapter 2013‐100 (Senate Bill No. 534) into law. This law applies to all publicly‐funded defined benefit retirement plans in the State of Florida, with the exception of the Florida Retirement System (FRS), and it adds significant disclosure requirements. The law was first effective for the Plan beginning with the January 1, 2015 actuarial valuation reporting cycle. This law is intended to provide additional disclosures regarding the value of local government employee defined benefit pension plan liabilities, funded ratios, and contribution levels. The law mandates that pension liabilities, including the change in liabilities during the year, contribution requirements, and the length of time the current market value of assets will sustain expected benefit payments, be valued using two alternative sets of prescribed actuarial assumptions. We have prepared this report for the City for the past several years, and we have included additional information to present a fair and balanced analysis. The additional information includes a description of the analysis showing the length of time the assets will sustain benefit payments as well as the calculation of certain other metrics using an assumed rate of return that is 200 basis points greater than the current rate (besides only including the mandated calculations using an assumed rate of return that is 200 basis points lower than the current rate). GRS EXPERIENCE GRS has been providing pension recognition and disclosure information pursuant to GASB Statement Nos. 5/25/27/43/45/47/50/67/68/73/74/75 for many years and under F.S. 112.664 since its implementation. GRS’ Chief Actuary, David Kausch, FSA, EA, MAAA, has provided comments and testimony to the GASB on the Exposure Drafts pointing out issues that could create undue burdens on systems and City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 37 employers, offering suggestions to improve the standards that would simultaneously meet the GASB’s objectives, improve transparency, and ease systems’ and employers’ reporting burdens. He was also involved in assisting GRS clients with field testing the GASB Exposure Drafts before the Statements No. 67 and 68 were finalized. Jim Rizzo, a senior consultant in our Fort Lauderdale office and one of the team members assigned to the OPEB Plan for the City of Clearwater, served on GASB’s Task Force for the initial development of GASB Standards 67 and 68. He was later invited by GASB to serve on the OPEB Implementation Guidance Consultative Group on GASB 74 and 75. He has been involved in the development of Standards and Implementation Guides for OPEB and served on the Advisory Education to Board and Staff on actuarial cost methods during the development of GASB accounting pension standards. In addition, other GRS consultants have:  Served on the GASB Advisory Committee for Pension research and prepared studies leading to pronouncement of GASB Statements 67 and 68;  Assisted GASB staff in developing GASB Statements No. 43 and 45;  Assisted in drafting responses to GASB’s Invitation to Comment (on Post‐Employment Benefits) on behalf of five different groups: the American Academy of Actuaries, national GFOA, Florida GFOA, 43 practicing public sector actuaries (comment letter), and GRS;  Served on the GASB Advisory Committee for drafting the first Implementation Guide for Statements No. 43/45 and a consultative group assisting GASB in drafting Implementation Guides for Statements 74/75;  Testified at GASB Hearings on the Invitations to Comment and the Exposure Drafts relative to GASB Statements 67/68 and 74/75;  Conducted numerous speaking engagements on GASB 67/68/74/75 for the national and Florida GFOA, NCPERS, national AICPA, FICPA, FPPTA and various other national and state organizations;  Written articles for the Florida GFOA newsletter and other publications on GASB 67/68/74/75;  Successfully implemented GASB 67/68 for over 400 governmental retirement systems, including the City of Clearwater Employees’ Pension Plan;  Successfully implemented GASB 74/75 for nearly 600 OPEB Plans, including the City of Clearwater’s OPEB Plan;  Testified before the Florida Legislature before implementation of Florida reporting requirement under F.S. 112.664;  Engaged in discussions with the Florida legislative staff and the Division of Retirement before and after enactment of Chapter 2013‐100. As the nation’s leading provider of actuarial services to the public (governmental) sector, there isn’t anything we haven’t seen as a firm with regard to GASB 67/68 and GASB 74/75. The City of Clearwater can be assured that the GASB 67/68 and GASB 75 reports prepared by GRS will be accurate and thorough, providing everything the City needs to complete its financial reporting obligations. TAB 6 REFERENCES City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 38 Provide at least four (4) complete references for which similar services are currently provided, preferably governmental clients and pension plans in the State of Florida. Include the name of entity, contact person’s names, phone numbers, e‐mail addresses, mailing addresses, types of services provided, and dates these services were provided. We provide actuarial and benefit consulting services to over 1,000 public sector (pension and OPEB) clients throughout the United States. The GRS client base spans the broad universe of public employee retirement systems and OPEB Plans. Unlike other actuarial firms, GRS is committed to the public plan market. Actuarial and consulting services for public plans have been our specialty since we were founded in 1938. Our clients continue to select GRS because of our commitment to and delivery of the highest level of quality services to our public plan clients. A more complete listing of GRS’ more than 400 public pension clients, nationwide, is provided in Appendix F, while Appendix H narrows this list down to our Florida‐based pension clients only. Appendix G includes a listing of GRS’ firm‐wide public OPEB clients, and Appendix I narrows this list down to a list of our Florida public OPEB clients. Here is a list of four (4) complete references for which similar services are currently provided in the State of Florida: City of Coral Gables Retirement System (Covering Police Officers, Firefighters and General Employees) Contact Person Mr. Michael Gold, Pension Board Chairman Contact Person’s phone number 305‐460‐2716 Contact Person’s e‐mail address Michael.Gold@RaymondJames.com Mailing address 2333 Ponce De Leon Blvd, 5th Floor Coral Gables, FL 33134 Dates the services were provided 2013 to the present Types of services provided Pension; Annual actuarial valuations; employee benefit statements; GASB accounting reports; actuarial advisory services including establishing a formal funding policy; presentations to the Pension Board and to City Commission; special studies City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 39 City of Jacksonville Police and Firefighters Pension Fund Contact Person Mr. Timothy Johnson, Executive Director Contact Person’s phone number 904‐255‐8963 Contact Person’s e‐mail address THJohnson@coj.net Mailing address One West Adams Street, Suite 100 Jacksonville, FL 32202 Dates the services were provided 2017 to the present Types of services provided Pension; Annual actuarial valuations; GASB accounting reports; actuarial advisory services; presentations to Pension Board and committees; special studies City of Tallahassee (Covering Police Officers, Firefighters and General Employees) Contact Person Mr. James (Jim) O. Cooke, IV City Treasurer‐Clerk Contact Person’s phone number 850‐891‐8146 Contact Person’s e‐mail address Jim.Cooke@talgov.com Mailing address 300 South Adams Street Tallahassee, FL 32301 Dates the services were provided 2014 to the present Types of services provided Pension and OPEB; Annual actuarial valuations; GASB accounting reports; actuarial advisory services; presentations; special studies City of Sarasota – General Employees, Police Officers, and Firefighters Contact Person Ms. Debra Martin, Pension Plans Administrator Contact Person’s phone number 941‐263‐6360 Contact Person’s e‐mail address Debra.Martin@sarasotaFL.gov Mailing address 1565 1st Street Sarasota, FL 34236 Dates the services were provided 1991 to the present Types of services provided Pension and OPEB; Annual actuarial valuations; Employee benefit statements; GASB accounting reports; actuarial advisory services; presentations to the Pension Board and to City Commission; special studies TAB 7 CONTRACT AND COMPENSATION – COST OF SERVICES City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 40 TAB 7 ‐ Contract and Compensation – Cost of Services. 1. Provide the firm’s proposed fee schedule for the outlined services, including whether fee is on a project basis or hourly basis, the estimated number of hours and total cost, and any other costs which would be reasonably expected to occur as a result of the contract performance. If applicable, provide projected hourly cost increases for years two (2) through (5) of the contract. Costs should be quoted on each service as follows: a. Annual pension plan actuarial valuation for funding purposes b. Annual pension plan actuarial report for fiscal year‐end financial reporting purposes, including all applicable GASB and State of Florida annual reporting requirements c. Annual reporting requirements per Chapter 112.664, Florida Statutes d. Annual and/or biannual postemployment benefits actuarial valuation e. Annual employee benefit statements f. Any other annual fees per scope of services g. Experience study – anticipated to be completed for the five years ended either 12/31/21 or 12/31/22 h. Consultation to City staff on actuarial related issues (hourly rate) as requested. City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 41 Our current hourly rates are shown on the next page. Proposed Fees Routine Actuarial Services for Employees' Pension Plan: Annual Pension Plan Actuarial Valuation for Funding Purposes, including separate results for General Employees, Police Officers and Firefighters, and annual employee benefit statements and attendance at one Pension Trustees' meeting to present the results *:29,500$ Annual Pension Plan Actuarial Report for Fiscal Year‐End Financial Reporting Purposes, including all applicable GASB and State of Florida annual reporting requirements:5,900$ Annual Reporting Requirements per Chapter 112.664 Florida Statutes:3,750$ Annual Employee Benefit Statements:Included above Biannual Full Actuarial Valuation for OPEB, including GASB 75 reporting*:15,500$ OPEB Roll‐Forward (in intervening years), including GASB 75 reporting:3,750$ Other Actuarial Services: Five‐Year Experience Study including separate analysis of the experience for hazardous versus non‐hazardous members:24,000$ Actuarial Impact Statements, Studies and Other Calculations, as requested:Hourly rates * The fees for actuarial valuations (pension and OPEB) are applicable for 2022. Fees for subsequent actuarial valuations will be increased by the change in the CPI‐U index from December of one year to December of the next year, not to exceed 3.0% per year. If the actual increase in the CPI‐U exceeds 3.0%, the excess actual CPI‐ U increase will be carried forward, but no single annual increase will exceed 3.0%. City of Clearwater Fee Schedule for Routine Annual Actuarial Services Routine Actuarial Services for OPEB: City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 42 The following chart shows our current hourly rates for 2021. These rates are updated annually, generally to reflect inflation and changes in the cost of overhead. Based on current inflation forecasts, these rates are not expected to increase more than 3% per year, on average, throughout the term of the contract. In most cases, we will quote a fixed not‐to‐exceed fee for special projects, actuarial impact statements, and studies, so these rates will have limited applicability. Title Standard Hourly Rates Senior Consultant $393 ‐ $503 Consultant $308 ‐ $388 Senior Actuarial Analyst $244 ‐ $301 Actuarial Analyst $192 ‐ $224 Administrative Assistant $126 ‐ $144 TAB 8 OTHER FORMS City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 43 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. E‐Verify Eligibility form 6. W‐9 Form. Include a current W‐9 form City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 44 City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 45 City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 46 City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 47 City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 48 City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 49 APPENDIX A TEAM RESUMES City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 A‐1 Peter N. Strong, FSA, EA, FCA, MAAA Senior Consultant pete.strong@grsconsulting.com Expertise Pete Strong is a Senior Consultant located in Gabriel, Roeder, Smith & Company’s (GRS) Fort Lauderdale, Florida office. Pete has 25 years of actuarial and benefits consulting experience. He provides actuarial and consulting services for both public and private sector (middle market) employee retirement systems and OPEB plans. Pete’s pension plan experience includes defined benefit plans and hybrid arrangements, covering plan design features such as final average pay, career average pay, target benefit, and early retirement windows. His actuarial work covers valuations, GASB/FASB accounting disclosure, plan design studies, experience studies, and cash flow projections. He has particular expertise in modeling studies including asset/liability studies using deterministic and stochastic approaches. Pete’s regulatory and compliance knowledge includes the Pension Protection Act of 2006 and Internal Revenue Code Sections 401(a), 410, and 415. He also has many years of experience with retiree health valuations related to GASB OPEB and FAS 106. Pete’s knowledge of actuarial software is an added strength. In addition to experience with GRS’ internal actuarial software, he has many years of experience working with ProVal and other actuarial valuation systems. He also has experience converting actuarial valuations and models from one valuation system to another. His valuation conversion expertise ensures an efficient and timely transition for new clients during the initial replication process. Professional Designations  Fellow, Society of Actuaries  Enrolled Actuary  Fellow, Conference of Consulting Actuaries  Member, American Academy of Actuaries Presentations Pete has been a regular speaker at the Florida Public Pension Trustees Association (FPPTA) Trustees Schools over the past several years. Education Bachelor of Science, Mathematical Sciences, University of North Carolina at Chapel Hill City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 A‐2 City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 A‐3 Trisha Amrose, EA, FCA, MAAA Consultant trisha.amrose@grsconsulting.com Expertise Trisha Amrose is a Consultant in GRS' Fort Lauderdale, Florida office. She has 21 years of experience in actuarial, administrative, and consulting services for employee retirement systems and retiree health programs. She has worked with city and county public pension clients in Florida and Tennessee. Trisha’s work focuses on actuarial valuations, actuarial disclosures under GASB No. 67 and 68, State reporting requirements under the Florida Statutes, benefit calculations, benefit statements, plan design studies, experience studies and funding projections. She has extensive knowledge of Florida Statutes, including Chapter 175 and 185, as they apply to municipal pension plans. Trisha also has experience consulting on hybrids, COLAs, Deferred Retirement Option Plans (DROPs), and closed plans. Professional Designations  Enrolled Actuary, ERISA  Fellow, Conference of Consulting Actuaries  Member, American Academy of Actuaries Education Bachelor of Science, Mathematics, Stony Brook University City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 A‐4 City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 A‐5 Jeffrey Amrose, EA, MAAA Senior Consultant jeffrey.amrose@grsconsulting.com Expertise Jeffrey Amrose is a Consultant and Team Leader in GRS' Fort Lauderdale, Florida office. He has 28 years of actuarial and benefits consulting experience with municipal general employee and public safety retirement systems. Jeff is a seasoned expert in all retirement areas with a special emphasis in actuarial, administrative, and consulting services for employee retirement systems. During his career he has handled a wide variety of consulting assignments, including actuarial valuations, plan design studies, experience studies, early retirement windows, and cash flow projections. Jeff has extensive knowledge of Florida Statutes, including Chapter 175 and 185, as they apply to municipal pension plans. Professional Designations  Enrolled Actuary, ERISA  Member, American Academy of Actuaries Presentations Jeff has served as a speaker at the Florida Public Pension Trustees Association (FPPTA) Trustees School, FGFOA conferences, and the Annual Police Officers’ and Firefighters’ Pension Trustees’ school on topics such as plan redesign, Florida pension reform, and funding policies. Education Bachelor of Arts, Mathematics and Bachelor of Science, Economics, Binghamton University Education Bachelor of Arts, Mathematics, and Bachelor of Science, Economics, Binghamton University City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 A‐6 City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 A‐7 Piotr Krekora, ASA, EA, FCA, MAAA, PhD Senior Consultant piotr.krekora@grsconsulting.com Expertise Piotr Krekora is a Consultant in GRS’ Fort Lauderdale, Florida office. Piotr has more than 15 years of actuarial and consulting experience. Piotr’s actuarial expertise covers all aspects of public sector pension and retiree health plan design and operation, including pension and OPEB valuations, pension and retiree health care studies, cost analyses of proposed plan changes, liability and contribution projections, and asset simulation and cash flow studies. Additionally, Piotr is experienced in designing and implementing cash balance plans as well as other alternative designs. He has a working knowledge of Florida Statutes governing operations of municipal pension plans, and group insurance plans offered by public sector employees. Professional Designations  Associate, Society of Actuaries  Enrolled Actuary, ERISA  Fellow, Conference of Consulting Actuaries  Member, American Academy of Actuaries Professional Affiliations  American Academy of Actuaries (AAA): Piotr serves on the Retiree Benefits Subcommittee of the Academy’s Health Practice Council.  Society of Actuaries: Piotr is an elected member of a Social Insurance and Public Funding Council where he serves as a Secretary.  Conference of Consulting Actuaries (CCA) Presentations & Publications Piotr’s speaking engagements include national meetings of actuarial organizations and public sector and other employee benefits associations such as the Conference of Consulting Actuaries (CCA), the National Conference of Public Employee Retirement Systems (NCPERS), the Florida Public Pension Trustees Association (FPPTA), the Florida GFOA and FSFOA. He also co‐authored the paper Revisiting Pension Actuarial Science‐A Five Part Series, by Rizzo, Ostaszewski, and Krekora published by the Society of Actuaries in 2009. Education Ph.D., Physics, Polish Academy of Sciences City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 A‐8 City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 A‐9 Nicolas Lahaye, FSA, EA, FCA, MAAA Consultant nicolas.lahaye@grsconsulting.com Expertise Nicolas Lahaye is a Consultant in GRS’ Fort Lauderdale, Florida office. He has more than 15 years of actuarial and benefits consulting experience. Nicolas provides actuarial and consulting services to both public and private sector employee retirements systems and OPEB plans. Nicolas’s work for his clients includes preparation and presentation of actuarial valuations and GASB/FASB accounting disclosures, benefit redesign studies, experience studies, and cash flow projections. He also has significant experience performing modeling studies, including asset/liability studies using deterministic and stochastic approaches. Throughout his career, Nicolas has worked for both public sector and private‐sector plans. His pension plan experience includes defined benefit plans and hybrid arrangements, covering plan design features such as final average pay, career average pay, target benefit, and early retirement windows. He also has working knowledge of Florida Statutes, governing operations of municipal pension plans, and group insurance plans offered by public sector employees. Professional Designations  Fellow, Society of Actuaries  Enrolled Actuary  Fellow, Conference of Consulting Actuaries  Member, American Academy of Actuaries Education Bachelor of Actuarial Sciences, Laval University, Quebec, Canada City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 A‐10 City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 A‐11 James J. Rizzo, ASA, EA, FCA, MAAA Senior Consultant jim.rizzo@grsconsulting.com Expertise James Rizzo is a Senior Consultant in GRS’ Fort Lauderdale, Florida office. He has more than 35 years of public sector actuarial and consulting experience. Jim provides actuarial and consulting services to retirements systems and OPEB plans. He has served public sector clients in Florida, Georgia, Louisiana, South Carolina, and Tennessee. Jim is a subject matter expert in all aspects of pension and retiree health plan design and operations, including investments, administration, systems, communications, regulatory compliance, actuarial, and plan design. His focus is preparing, supervising, and presenting actuarial valuations, calculating projections, and conducting plan redesign studies. Jim has extensive experience analyzing the actuarial impact of investment decisions and helping clients with pension risk management. Professional Designations  Associate, Society of Actuaries  Enrolled Actuary  Fellow, Conference of Consulting Actuaries  Member, American Academy of Actuaries Professional Affiliations  Actuarial: American Academy of Actuaries’ Pension Accounting Committee, Public Plans Subcommittee and Retiree Health Committee; Conference of Consulting Actuaries’ Public Plans Community Steering Committee; Actuarial Standards Board, Retiree Group Benefits Subcommittee on Actuarial Standards of Practice (ASOPs)  Accounting: Governmental Accounting Standards Board’s task forces on the Standards and Implementation Guides for OPEB and Advisory Education to Board and Staff on Pension Standards. Presentations and Publications Jim has been recruited to speak at conferences for the Government Finance Officers Association (GFOA), Florida Government Finance Officers Association (FGFOA), Conference of Consulting Actuaries (CCA), American Academy of Actuaries (AAA) and other organizations. He has authored articles for Contingencies, Government Finance Review and other publications and co‐authored the paper, “Revisiting Pension Actuarial Science – A Five‐Part Series”, published by the Society of Actuaries. Education Bachelor of Arts, Mathematics (with honors), University of South Florida Actuarial Course Studies, Georgia State University City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 A‐12 City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 A‐13 Israel Bichachi, ASA, MAAA Senior Analyst israel.bichachi@grsconsulting.com Expertise Israel Bichachi is a Senior Analyst in GRS’ Fort Lauderdale, Florida office. He has more than ten years of actuarial consulting and plan administration experience. Israel provides actuarial, administrative and consulting services to public sector retirement systems and OPEB plans, and has served clients in Florida and Louisiana. Israel’s work focuses on pension and OPEB actuarial valuations for funding and accounting purposes, liability and cost projections, experience studies, and actuarial impact statements and cost analyses for proposed plan changes. Professional Designations  Associate, Society of Actuaries  Member, American Academy of Actuaries Education Bachelor of Science, Physics, Brandeis University Bachelor of Arts, Music, Brandeis University Master of Science, Physics, Northwestern University City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 A‐14 City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 A‐15 Peter G. Tramont Senior Analyst peter.tramont@grsconsulting.com Expertise Peter Tramont is a Senior Analyst in GRS’ Fort Lauderdale, Florida office. He has more than seven years of actuarial and consulting experience. Peter provides actuarial and consulting services to public sector retirement systems and OPEB plans, and has served clients in Florida, Louisiana, and Connecticut. Peter’s actuarial experience encompasses pension and OPEB actuarial valuations for funding and accounting purposes, liability and cost projections, experience studies, and actuarial impact statements and cost analyses for proposed plan changes. Professional Designations Peter is currently pursuing his Associate designation sponsored by the Society of Actuaries. Education Bachelor of Arts, Mathematics/Actuarial Science, University of Connecticut APPENDIX B INSURANCE CERTIFICATE City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 B‐1 City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 B‐2 APPENDIX C REGISTRATION TO DO BUSINESS IN FLORIDA City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 C‐1 APPENDIX D SAMPLE ACTUARIAL VALUATION REPORT City of Clearwater Employees’ Pension Plan Actuarial Valuation Report as of January 1, 2021 Annual Employer Contribution for the Fiscal Year Ending September 30, 2022 April 26, 2021 Board of Trustees City of Clearwater Employees’ Pension Plan Clearwater, Florida Dear Board Members: The results of the January 1, 2021 Annual Actuarial Valuation of the City of Clearwater Employees’ Pension Plan are presented in this report. This report was prepared at the request of the Board and is intended for use by the Retirement System and those designated or approved by the Board. This report may be provided to parties other than the System only in its entirety and only with the permission of the Board. GRS is not responsible for unauthorized use of this report. The purposes of the valuation are to measure the System’s funding progress and to determine the employer contribution rate for the fiscal year ending September 30, 2022. This report should not be relied on for any purpose other than the purposes described herein. Determinations of financial results, associated with the benefits described in this report, for purposes other than those identified above may be significantly different. The contribution rate in this report is determined using the actuarial assumptions and methods disclosed in Section B of this report. This report includes risk metrics in Section A, but does not include a robust assessment of future experience not meeting the actuarial assumptions. A robust assessment of risks was outside the scope of this assignment. This valuation assumed the continuing ability of the plan sponsor to make the contributions necessary to fund this Plan. A determination regarding whether or not the plan sponsor is actually able to do so is outside our scope of expertise and was not performed. The findings in this report are based on data or other information through December 31, 2020. The valuation was based upon information furnished by the City concerning Retirement System benefits, financial transactions, plan provisions and active members, terminated members, retirees and beneficiaries. We checked for internal and year-to-year consistency, but did not audit the data. We are not responsible for the accuracy or completeness of the information provided by the City. In addition, this report was prepared using certain assumptions approved by the Board as authorized under the Florida and prescribed by the Florida Statutes as described in the section of this report entitled Actuarial Assumptions and Methods. The prescribed assumptions are the assumed mortality rates detailed in the Actuarial Assumptions and Methods section in accordance with Florida Statutes, Chapter 112.63. All actuarial assumptions used in this report are reasonable for purposes of this valuation. Board of Trustees April 26, 2021 Page ii This report was prepared using our proprietary valuation model and related software which in our professional judgment has the capability to provide results that are consistent with the purposes of the valuation and this report. We performed tests to ensure that the model reasonably represents that which is intended to be modeled. This report has been prepared by actuaries who have substantial experience valuing public employee retirement systems. To the best of our knowledge the information contained in this report is accurate and fairly presents the actuarial position of the Retirement System as of the valuation date. All calculations have been made in conformity with generally accepted actuarial principles and practices, with the Actuarial Standards of Practice issued by the Actuarial Standards Board and with applicable statutes. Peter N. Strong and Trisha Amrose are members of the American Academy of Actuaries. These actuaries meet the Academy’s Qualification Standards to render the actuarial opinions contained herein. The signing actuaries are independent of the plan sponsor. This actuarial valuation and/or cost determination was prepared and completed by us or under our direct supervision, and we acknowledge responsibility for the results. To the best of our knowledge, the results are complete and accurate. In our opinion, the techniques and assumptions used are reasonable, meet the requirements and intent of Part VII, Chapter 112, Florida Statutes, and are based on generally accepted actuarial principles and practices. There is no benefit or expense to be provided by the plan and/or paid from the plan’s assets for which liabilities or current costs have not been established or otherwise taken into account in the valuation. All known events or trends which may require a material increase in plan costs or required contribution rates have been taken into account in the valuation. Gabriel, Roeder, Smith & Company will be pleased to review this valuation and Report with the Board of Trustees and to answer any questions pertaining to the valuation. Respectfully submitted, GABRIEL, ROEDER, SMITH & COMPANY Peter N. Strong, FSA, MAAA Trisha Amrose, MAAA Enrolled Actuary No. 20-6975 Enrolled Actuary No. 20-8010 City of Clearwater Employees’ Pension Plan TABLE OF CONTENTS Section Title Page A Discussion of Valuation Results 1. Discussion of Valuation Results A-1 2. Risks Associated with Measuring the Accrued Liability and Actuarially Determined Contribution A-5 B Valuation Results 1. Participant Data B-1 2. Actuarially Determined Contribution (ADC) B-3 3. Actuarial Value of Benefits and Assets B-6 4. Calculation of Employer Normal Cost B-9 5. Reconciliation of Credit Balance B-12 6. Liquidation of the Unfunded Actuarial Accrued Liability B-13 7. Actuarial Gains and Losses B-18 8. Recent History of Valuation Results B-24 9. Recent History of Contributions B-25 10. Actuarial Assumptions and Cost Method B-26 11. Glossary of Terms B-37 C Pension Fund Information 1. Statement of Plan Assets at Market Value C-1 2. Reconciliation of Plan Assets C-2 3. Development of Actuarial Value of Assets C-3 4. Allocation of Plan Assets C-4 5. Investment Rate of Return C-5 D Financial Accounting Information 1. FASB No. 35 D-1 E Miscellaneous Information 1. Reconciliation of Membership Data E-1 2. Active Participant Distribution E-2 3. Inactive Participant Distribution E-6 F Summary of Plan Provisions F-1 SECTION A DISCUSSION OF VALUATION RESULTS City of Clearwater Employees’ Pension Plan A-1 DISCUSSION OF VALUATION RESULTS Comparison of Required Employer Contributions The required employer contribution developed in this year's valuation is compared below to last year's results: Required Employer/State Contribution $11,412,994 $11,534,013 $(121,019) As % of Covered Payroll 12.31 %12.73 %(0.42)% Estimated State Contribution 12,000 12,000 0 As % of Covered Payroll 0.01 %0.01 %0.00 % Required Employer Contribution 11,400,994 11,522,013 (121,019) As % of Covered Payroll 12.30 %12.72 %(0.42)% Credit Balance 31,554,611 28,963,282 2,591,329 1/1/2021 Valuation (Decrease) Increase Valuation 1/1/2020 For FYE 9/30/2022 For FYE 9/30/2021 Based onBased on Required Employer Contribution by Group The required employer contribution for each group developed in this year's valuation is shown below: Required Employer Contribution by Group Non-Hazardous $3,489,438 $3,534,489 $(45,051) As % of Covered Payroll 6.46 %6.64 %(0.18)% Hazardous Police 4,681,293 4,872,378 (191,085) As % of Covered Payroll 21.84 %23.55 %(1.71)% Hazardous Fire 3,230,263 3,115,146 115,117 As % of Covered Payroll 18.68 %18.64 %0.04 % Total 11,400,994 11,522,013 (121,019) As % of Covered Payroll 12.30 %12.72 %(0.42)% Valuation (Decrease) Based on 1/1/2021 Increase Based on 1/1/2020 Valuation For FYE 9/30/2022 For FYE 9/30/2021 City of Clearwater Employees’ Pension Plan A-2 The contribution has been adjusted for interest on the basis that payments are made uniformly during the first two quarters of the City’s fiscal year. The required employer contribution has been computed under the assumption that the amount to be received from the State on behalf of police officers and firefighters in 2021 and 2022 will be $12,000. If the actual payment from the State falls below this amount, then the City must increase its contribution by the difference. The actual Employer and State contributions during the year ending December 31, 2020 were $12,187,284 and $12,000, respectively, for a total of $12,199,284, compared to the required contribution of $11,534,013. The excess contribution of $665,271 was used to increase the credit balance. The minimum required City contribution is 7% of covered payroll. Revisions in Benefits There have been no revisions in benefits since the previous valuation Revisions in Actuarial Assumptions or Methods The investment return assumption has been reduced by 0.10% from 6.65% to 6.55%. Additionally, the mortality tables and improvement scales were updated to reflect the updated mortality assumptions used in the July 1, 2019 Florida Retirement System (FRS) Actuarial Valuation, as mandated by Florida Statutes Chapter 112.63(1)(f). These assumption changes caused the required City contribution to increase by $121,678, or 0.14% of covered pensionable payroll. The Board has approved lowering the investment return assumption further in the next valuation. The rate will be decreased from 6.55% to 6.50% effective January 1, 2022. For informational purposes, if this year’s valuation had been completed using the mortality rates assumed prior to January 1, 2016 (the RP-2000 Combined Healthy Participant Mortality Table for males and females with mortality improvements projected with Scale BB) rather than the mortality rates used by the FRS as mandated by the Florida Statutes, the required City contribution for FY 2022 would have been $12,196,586, or 13.15% of covered payroll, and the funded ratio (excluding the credit balance) as of January 1, 2021 would have been 102.54%. Actuarial Experience There was a net actuarial experience gain of $45,746,487 during the year, which means that actual experience was more favorable than expected. The gain is due to a recognized investment return (on the smoothed actuarial value of assets) above the assumed rate of 6.65%. The investment return on the market value of assets was 15.12%, and the investment return was 11.10% based on the actuarial value of assets. The investment gains were slightly offset by very minor net liability-related experience losses. There were demographic experience losses resulting from salary experience (salaries increased by 6.05% on average versus an expected average increase of 4.30%). Actual mortality experience was a small source of experience loss, as there was a slightly lower decrease in benefit payments due to mortality experience than expected (an actual decrease of $921,472 in City of Clearwater Employees’ Pension Plan A-3 annual retirement benefits versus an expected decrease of $949,503). Actual retirement and disability experience were both sources of experience gains, as there were fewer retirements than expected (43 actual versus 52 expected) and fewer disabilities than expected (0 actual versus 4 expected). The actuarial experience gain caused the required employer contribution to decrease by 0.40% of covered payroll. Under Chapter 112.66 of the Florida Statutes, the annual payment to amortize the UAL may not reduce the contribution required to fund the Normal Cost. As a result, since the annual payment to amortize the UAL is below $0 as of January 1, 2021, the actuarial experience gain had a limited effect on the required employer contribution. The actuarial experience gain also caused the Plan’s funded ratio to increase by approximately 4.4%. Analysis of Change in Employer Contribution The components of change in the required City contribution are as follows: Contribution Rate Last Year 12.72 % Change in Benefits 0.00 Change in Assumptions and Methods 0.14 Amortization Payment on UAAL (0.02) Normal Cost (0.04) Experience Gain/Loss (0.40) Change in Administrative Expenses (0.10) Change in State Revenue (0.00) Contribution Rate This Year 12.30 Funded Ratio One measure of the Plan’s funding progress is the ratio of the actuarial value of assets to the actuarial accrued liability. Including the credit balance in the actuarial value of assets, the funded ratio is 108.70% this year (107.15% before the changes in assumptions) compared to 102.60% last year. Not including the credit balance in the actuarial value of assets, the funded ratio is 105.66% this year (104.15% before the changes in assumptions) compared to 99.76% last year. Variability of Future Contribution Rates The Actuarial Cost Method used to determine the contribution rate is intended to produce contribution rates which are generally level as a percent of payroll. Even so, when experience differs from the assumptions, as it often does, the employer’s contribution rate can vary significantly from year-to-year. The Market Value of Assets exceeds the Actuarial Value of Assets by $129,556,824 as of the valuation date (see Section C). This difference will be gradually recognized in the absence of offsetting losses. However, the investment return assumption is also scheduled to be lowered from 6.55% to 6.50% next year, which will put upward pressure on the required contribution. City of Clearwater Employees’ Pension Plan A-4 Relationship to Market Value If Market Value had been the basis for the valuation, the City contribution rate would have remained at 12.30% of covered payroll (since the annual payment to amortize the UAL would have remained at $0 due to Chapter 112.66 of the Florida Statutes), and the funded ratio (excluding the credit balance) would have been 118.17%. The funded ratio based on the market value of assets (excluding the credit balance) last year was 107.29%. Conclusion The remainder of this Report includes detailed actuarial valuation results, financial information, miscellaneous information and statistics, and a summary of plan provisions. City of Clearwater Employees’ Pension Plan A-5 RISKS ASSOCIATED WITH MEASURING THE ACCRUED LIABILITY AND ACTUARIALLY DETERMINED CONTRIBUTION The determination of the accrued liability and the actuarially determined contribution requires the use of assumptions regarding future economic and demographic experience. Risk measures, as illustrated in this report, are intended to aid in the understanding of the effects of future experience differing from the assumptions used in the course of the actuarial valuation. Risk measures may also help with illustrating the potential volatility in the accrued liability and the actuarially determined contribution that result from the differences between actual experience and the actuarial assumptions. Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: plan experience differing from that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions due to changing conditions; increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period, or additional cost or contribution requirements based on the Plan’s funded status); and changes in plan provisions or applicable law. The scope of an actuarial valuation does not include an analysis of the potential range of such future measurements. Examples of risk that may reasonably be anticipated to significantly affect the plan’s future financial condition include: 1. Investment risk – actual investment returns may differ from the expected returns; 2. Contribution risk – actual contributions may differ from expected future contributions. For example, actual contributions may not be made in accordance with the plan’s funding policy or material changes may occur in the anticipated number of covered employees, covered payroll, or other relevant contribution base; 3. Salary and Payroll risk – actual salaries and total payroll may differ from expected, resulting in actual future accrued liability and contributions differing from expected; 4. Longevity risk – members may live longer or shorter than expected and receive pensions for a period of time other than assumed; 5. Other demographic risks – members may terminate, retire or become disabled at times or with benefits other than assumed resulting in actual future accrued liability and contributions differing from expected. The effects of certain trends in experience can generally be anticipated. For example if the investment return since the most recent actuarial valuation is less (or more) than the assumed rate, the cost of the plan can be expected to increase (or decrease). Likewise if longevity is improving (or worsening), increases (or decreases) in cost can be anticipated. The computed contribution rate shown on page 1 may be considered as a minimum contribution rate that complies with the Board’s funding policy. The timely receipt of the actuarially determined contributions is critical to support the financial health of the plan. Users of this report should be aware that contributions made at the actuarially determined rate do not necessarily guarantee benefit security. City of Clearwater Employees’ Pension Plan A-6 Plan Maturity Measures Risks facing a pension plan evolve over time. A young plan with virtually no investments and paying few benefits may experience little investment risk. An older plan with a large number of members in pay status and a significant trust may be much more exposed to investment risk. Generally accepted plan maturity measures include the following: 1/1/2021 1/1/2020 Ratio of the market value of assets to total payroll 13.53 12.37 Ratio of actuarial accrued liability to payroll 11.16 11.23 Ratio of actives to retirees and beneficiaries 1.14 1.19 Ratio of net cash flow to market value of assets (2.68)%(3.02)% Ratio of Market Value of Assets to Payroll The relationship between assets and payroll is a useful indicator of the potential volatility of contributions. For example, if the market value of assets is 2.0 times the payroll, a return on assets 5% different than assumed would equal 10% of payroll. A higher (lower) or increasing (decreasing) level of this maturity measure generally indicates a higher (lower) or increasing (decreasing) volatility in plan sponsor contributions as a percentage of payroll. Ratio of Actuarial Accrued Liability to Payroll The relationship between actuarial accrued liability and payroll is a useful indicator of the potential volatility of contributions for a fully funded plan. A funding policy that targets a funded ratio of 100% is expected to result in the ratio of assets to payroll and the ratio of liability to payroll converging over time. The ratio of liability to payroll may also be used as a measure of sensitivity of the liability itself. For example, if the actuarial accrued liability is 2.5 times the payroll, a change in liability 2% other than assumed would equal 5% of payroll. A higher (lower) or increasing (decreasing) level of this maturity measure generally indicates a higher (lower) or increasing (decreasing) volatility in liability (and also plan sponsor contributions) as a percentage of payroll. Ratio of Actives to Retirees and Beneficiaries A young plan with many active members and few retirees will have a high ratio of active to retirees. A mature open plan may have close to the same number of actives to retirees resulting in a ratio near 1.0. A super-mature or closed plan may have significantly more retirees than actives resulting in a ratio below 1.0. Ratio of Net Cash Flow to Market Value of Assets A positive net cash flow means contributions exceed benefits and expenses. A negative cash flow means existing funds are being used to make payments. A certain amount of negative net cash flow is generally expected to occur when benefits are prefunded through a qualified trust. Large negative net cash flows as a percent of assets may indicate a super-mature plan or a need for additional contributions. City of Clearwater Employees’ Pension Plan A-7 Additional Risk Assessment Additional risk assessment is outside the scope of the annual actuarial valuation. Additional assessment may include scenario tests, sensitivity tests, stochastic modeling, stress tests, and a comparison of the present value of accrued benefits at low-risk discount rates with the actuarial accrued liability. SECTION B VALUATION RESULTS City of Clearwater Employees’ Pension Plan B-1 ACTIVE MEMBERS Number 1,541 1,114 236 191 Covered Annual Payroll $92,726,419 $54,005,534 $21,431,416 $17,289,469 Average Annual Payroll $60,173 $48,479 $90,811 $90,521 Average Age 44.2 45.6 39.9 41.2 Average Past Service 10.7 10.4 11.5 11.5 Average Age at Hire 33.5 35.2 28.4 29.7 RETIREES & BENEFICIARIES Number 1,219 773 270 176 Annual Benefits $47,643,970 $26,611,279 $12,722,711 $8,309,980 Average Annual Benefit $39,084 $34,426 $47,121 $47,216 Average Age 67.7 69.4 63.8 66.1 DISABILITY RETIREES Number 129 36 50 43 Annual Benefits $4,219,162 $787,025 $1,911,064 $1,521,073 Average Annual Benefit $32,707 $21,862 $38,221 $35,374 Average Age 65.4 70.3 62.7 64.6 TERMINATED VESTED MEMBERS Number 74 53 10 11 Annual Benefits $1,475,373 $949,571 $266,611 $259,191 Average Annual Benefit $19,937 $17,916 $26,661 $23,563 Average Age 48.9 50.7 43.9 44.9 January 1, 2021 Total Hazardous Fire PARTICIPANT DATA Non-Hazardous Hazardous Police City of Clearwater Employees’ Pension Plan B-2 ACTIVE MEMBERS Number 1,571 1,136 240 195 Covered Annual Payroll $90,594,113 $53,193,098 $20,686,134 $16,714,881 Average Annual Payroll $57,667 $46,825 $86,192 $85,717 Average Age 43.8 45.1 39.9 41.1 Average Past Service 10.3 9.9 11.4 11.4 Average Age at Hire 33.5 35.2 28.5 29.7 RETIREES & BENEFICIARIES Number 1,186 762 259 165 Annual Benefits $45,654,032 $26,009,288 $11,904,470 $7,740,274 Average Annual Benefit $38,494 $34,133 $45,963 $46,911 Average Age 67.4 69.0 63.4 66.2 DISABILITY RETIREES Number 135 39 51 45 Annual Benefits $4,325,659 $843,564 $1,934,423 $1,547,672 Average Annual Benefit $32,042 $21,630 $37,930 $34,393 Average Age 65.0 69.3 62.1 64.7 TERMINATED VESTED MEMBERS Number 80 58 8 14 Annual Benefits $1,653,557 $1,093,654 $200,345 $359,558 Average Annual Benefit $20,669 $18,856 $25,043 $25,683 Average Age 48.8 50.6 43.2 44.9 PARTICIPANT DATA - PRIOR YEAR January 1, 2020 Total Non-Hazardous Hazardous Police Hazardous Fire City of Clearwater Employees’ Pension Plan B-3 A.Valuation Date B.ADC to Be Paid During Fiscal Year Ending 9/30/2022 9/30/2022 9/30/2022 9/30/2022 C.Assumed Date of Employer Contrib.Evenly during Evenly during Evenly during Evenly during first two quarters first two quarters first two quarters first two quarters of fiscal year of fiscal year of fiscal year of fiscal year D.Annual Payment to Amortize Unfunded Actuarial Liability $0 *$0 *$0 *$0 * E.Employer Normal Cost 10,711,397 3,274,930 4,400,087 3,036,380 F.ADC if Paid on the Valuation Date: D+E 10,711,397 3,274,930 4,400,087 3,036,380 G.ADC Adjusted for Frequency of Payments 11,412,994 3,489,438 4,688,293 3,235,263 H.ADC as % of Covered Payroll 12.31 %6.46 %21.88 %18.71 % I.Assumed Rate of Increase in Covered Payroll to Contribution Year 0.00 %0.00 %0.00 %0.00 % J.Covered Payroll for Contribution Year 92,726,419 54,005,534 21,431,416 17,289,469 K.ADC for Contribution Year: H x J 11,412,994 3,489,438 4,688,293 3,235,263 L.Estimate of State Revenue in Contribution Year 12,000 0 7,000 5,000 M.Required Employer Contribution (REC) in Contribution Year 11,400,994 3,489,438 4,681,293 3,230,263 N.REC as % of Covered Payroll in Contribution Year: M ÷ J 12.30 %6.46 %21.84 %18.68 % O.Credit Balance 31,554,611 15,970,879 9,252,205 6,331,527 Total Non-Hazardous Hazardous Police Hazardous Fire ACTUARIALLY DETERMINED CONTRIBUTION (ADC) - AFTER ASSUMPTION CHANGES January 1, 2021 January 1, 2021 January 1, 2021 January 1, 2021 * The annual payment to amortize the UAL is less than $0; however, under Chapter 112.66 of the Florida Statutes, the annual payment to amortize the UAL may not reduce the contribution below the amount required to fund the Normal Cost. City of Clearwater Employees’ Pension Plan B-4 A.Valuation Date B.ADC to Be Paid During Fiscal Year Ending 9/30/2022 9/30/2022 9/30/2022 9/30/2022 C.Assumed Date of Employer Contrib.Evenly during Evenly during Evenly during Evenly during first two quarters first two quarters first two quarters first two quarters of fiscal year of fiscal year of fiscal year of fiscal year D.Annual Payment to Amortize Unfunded Actuarial Liability $0 *$0 *$0 *$0 * E.Employer Normal Cost 10,587,263 3,267,847 4,334,018 2,985,398 F.ADC if Paid on the Valuation Date: D+E 10,587,263 3,267,847 4,334,018 2,985,398 G.ADC Adjusted for Frequency of Payments 11,291,316 3,485,159 4,622,230 3,183,927 H.ADC as % of Covered Payroll 12.18 %6.45 %21.57 %18.42 % I.Assumed Rate of Increase in Covered Payroll to Contribution Year 0.00 %0.00 %0.00 %0.00 % J.Covered Payroll for Contribution Year 92,726,419 54,005,534 21,431,416 17,289,469 K.ADC for Contribution Year: H x J 11,291,316 3,485,159 4,622,230 3,183,927 L.Estimate of State Revenue in Contribution Year 12,000 0 7,000 5,000 M.Required Employer Contribution (REC) in Contribution Year 11,279,316 3,485,159 4,615,230 3,178,927 N.REC as % of Covered Payroll in Contribution Year: M ÷ J 12.16 %6.45 %21.53 %18.39 % O.Credit Balance 31,554,611 15,970,879 9,252,205 6,331,527 Total Non-Hazardous Hazardous Police Hazardous Fire January 1, 2021 January 1, 2021 January 1, 2021 January 1, 2021 ACTUARIALLY DETERMINED CONTRIBUTION (ADC) - BEFORE ASSUMPTION CHANGES * The annual payment to amortize the UAL is less than $0; however, under Chapter 112.66 of the Florida Statutes, the annual payment to amortize the UAL may not reduce the contribution below the amount required to fund the Normal Cost. City of Clearwater Employees’ Pension Plan B-5 A.Valuation Date B.ADC to Be Paid During Fiscal Year Ending 9/30/2021 9/30/2021 9/30/2021 9/30/2021 C.Assumed Date of Employer Contrib.Evenly during Evenly during Evenly during Evenly during first two quarters first two quarters first two quarters first two quarters of fiscal year of fiscal year of fiscal year of fiscal year D.Annual Payment to Amortize Unfunded Actuarial Liability $351,542 $0 *$351,542 $0 * E.Employer Normal Cost 10,463,285 3,314,101 4,223,590 2,925,594 F.ADC if Paid on the Valuation Date: D+E 10,814,827 3,314,101 4,575,132 2,925,594 G.ADC Adjusted for Frequency of Payments 11,534,013 3,534,489 4,879,378 3,120,146 H.ADC as % of Covered Payroll 12.73 %6.64 %23.59 %18.67 % I.Assumed Rate of Increase in Covered Payroll to Contribution Year 0.00 %0.00 %0.00 %0.00 % J.Covered Payroll for Contribution Year 90,594,113 53,193,098 20,686,134 16,714,881 K.ADC for Contribution Year: H x J 11,534,013 3,534,489 4,879,378 3,120,146 L.Estimate of State Revenue in Contribution Year 12,000 0 7,000 5,000 M.Required Employer Contribution (REC) in Contribution Year 11,522,013 3,534,489 4,872,378 3,115,146 N.REC as % of Covered Payroll in Contribution Year: M ÷ J 12.72 %6.64 %23.55 %18.64 % O.Credit Balance 28,963,282 14,888,015 8,368,213 5,707,054 ACTUARIALLY DETERMINED CONTRIBUTION (ADC) - PRIOR YEAR January 1, 2020 January 1, 2020 January 1, 2020 January 1, 2020 Total Non-Hazardous Hazardous Police Hazardous Fire * The annual payment to amortize the UAL is less than $0; however, under Chapter 112.66 of the Florida Statutes, the annual payment to amortize the UAL may not reduce the contribution below the amount required to fund the Normal Cost. City of Clearwater Employees’ Pension Plan B-6 A.Valuation Date B.Actuarial Present Value of All Projected Benefits for 1.Active Members a. Service Retirement Benefits $ 419,687,968 $ 189,145,015 $ 134,278,375 $ 96,264,578 b. Vesting Benefits 37,170,897 27,026,080 6,163,846 3,980,971 c. Disability Benefits 21,723,016 3,900,242 10,934,743 6,888,031 d. Preretirement Death Benefits 5,350,494 3,355,659 1,116,093 878,742 e. Return of Member Contributions 4,005,332 2,925,556 615,861 463,915 f. Total 487,937,707 226,352,552 153,108,918 108,476,237 2.Inactive Members a. Service Retirees & Beneficiaries 630,420,379 336,896,421 181,939,193 111,584,765 b. Disability Retirees 54,896,963 8,569,863 26,357,137 19,969,963 c. Terminated Vested Members 16,396,732 9,531,725 3,537,891 3,327,116 d. Total 701,714,074 354,998,009 211,834,221 134,881,844 3. Total for All Members 1,189,651,781 581,350,561 364,943,139 243,358,081 C.Actuarial Accrued (Past Service) Liability 1,034,718,990 525,599,102 306,555,615 202,564,273 D.Actuarial Value of Accumulated Plan Benefits per FASB No. 35 970,493,309 489,411,798 290,331,609 190,749,902 E.Plan Assets 1.Market Value 1,254,293,845 641,315,529 364,947,164 248,031,152 2. Actuarial Value 1,124,737,021 575,073,632 327,251,535 222,411,854 3. Actuarial Value Excluding Credit Balance 1,093,182,410 559,102,753 317,999,330 216,080,327 F.Actuarial Present Value of Projected Covered Payroll 776,476,285 428,012,330 195,344,184 153,119,771 G.Actuarial Present Value of Projected Member Contributions 69,009,378 34,240,988 19,462,742 15,305,648 H.Accumulated Value of Active Member Contributions 66,757,705 36,139,486 17,210,741 13,407,478 I.Unfunded Actuarial Accrued Liability (UAAL) Based on EAN Method = C. - E.3.(58,463,420) (33,503,651) (11,443,715) (13,516,054) J.Funded Ratio = E.2. / C.108.70%109.41%106.75%109.80% K.Funded Ratio Excluding Credit Balance = E.3. / C.105.65%106.37%103.73%106.67% Total Non-Hazardous Hazardous Police Hazardous Fire ACTUARIAL VALUE OF BENEFITS AND ASSETS - AFTER ASSUMPTION CHANGES January 1, 2021 January 1, 2021 January 1, 2021 January 1, 2021 City of Clearwater Employees’ Pension Plan B-7 A.Valuation Date B.Actuarial Present Value of All Projected Benefits for 1.Active Members a. Service Retirement Benefits $ 418,336,999 $ 189,150,145 $ 133,620,493 $ 95,566,361 b. Vesting Benefits 37,148,330 27,164,181 6,073,418 3,910,731 c. Disability Benefits 21,216,823 3,744,562 10,731,456 6,740,805 d. Preretirement Death Benefits 7,377,381 4,517,114 1,602,964 1,257,303 e. Return of Member Contributions 4,155,545 3,019,136 645,430 490,979 f. Total 488,235,078 227,595,138 152,673,761 107,966,179 2.Inactive Members a. Service Retirees & Beneficiaries 641,731,546 339,499,201 186,918,195 115,314,150 b. Disability Retirees 55,663,117 8,739,612 26,647,826 20,275,679 c. Terminated Vested Members 16,482,504 9,636,642 3,525,271 3,320,591 d. Total 713,877,167 357,875,455 217,091,292 138,910,420 3. Total for All Members 1,202,112,245 585,470,593 369,765,053 246,876,599 C.Actuarial Accrued (Past Service) Liability 1,049,646,120 530,270,914 312,449,796 206,925,410 D.Actuarial Value of Accumulated Plan Benefits per FASB No. 35 984,005,654 493,442,395 295,706,008 194,857,251 E.Plan Assets 1.Market Value 1,254,293,845 641,315,529 364,947,164 248,031,152 2. Actuarial Value 1,124,737,021 575,073,632 327,251,535 222,411,854 3. Actuarial Value Excluding Credit Balance 1,093,182,410 559,102,753 317,999,330 216,080,327 F.Actuarial Present Value of Projected Covered Payroll 769,792,364 424,172,247 193,768,786 151,851,331 G.Actuarial Present Value of Projected Member Contributions 68,418,262 33,933,781 19,305,637 15,178,844 H.Accumulated Value of Active Member Contributions 66,757,705 36,139,486 17,210,741 13,407,478 I.Unfunded Actuarial Accrued Liability (UAAL) Based on EAN Method = C. - E.3.(43,536,290) (28,831,839) (5,549,534) (9,154,917) J.Funded Ratio = E.2. / C.107.15%108.45%104.74%107.48% K.Funded Ratio Excluding Credit Balance = E.3. / C.104.15%105.44%101.78%104.42% Total Non-Hazardous Hazardous Police Hazardous Fire ACTUARIAL VALUE OF BENEFITS AND ASSETS - BEFORE ASSUMPTION CHANGES January 1, 2021 January 1, 2021 January 1, 2021 January 1, 2021 City of Clearwater Employees’ Pension Plan B-8 A.Valuation Date B.Actuarial Present Value of All Projected Benefits for 1.Active Members a. Service Retirement Benefits $ 403,751,262 $ 181,678,517 $ 129,330,300 $ 92,742,445 b. Vesting Benefits 36,001,308 26,447,154 5,798,317 3,755,837 c. Disability Benefits 20,703,586 3,638,559 10,507,162 6,557,865 d. Preretirement Death Benefits 7,193,297 4,409,301 1,546,223 1,237,773 e. Return of Member Contributions 4,118,840 3,026,393 631,491 460,956 f. Total 471,768,293 219,199,924 147,813,493 104,754,876 2.Inactive Members a. Service Retirees & Beneficiaries 619,543,028 335,170,136 176,087,896 108,284,996 b. Disability Retirees 57,293,424 9,599,054 27,089,385 20,604,985 c. Terminated Vested Members 18,283,940 11,142,793 2,519,935 4,621,212 d. Total 695,120,392 355,911,983 205,697,216 133,511,193 3. Total for All Members 1,166,888,685 575,111,907 353,510,709 238,266,069 C.Actuarial Accrued (Past Service) Liability 1,017,746,535 520,002,169 298,281,006 199,463,360 D.Actuarial Value of Accumulated Plan Benefits per FASB No. 35 955,480,325 483,760,095 283,230,661 188,489,569 E.Plan Assets 1.Market Value 1,120,895,937 576,174,867 323,854,740 220,866,330 2. Actuarial Value 1,044,240,614 536,771,682 301,707,108 205,761,824 3. Actuarial Value Excluding Credit Balance 1,015,277,332 521,883,667 293,338,895 200,054,770 F.Actuarial Present Value of Projected Covered Payroll 751,000,217 417,923,732 186,321,652 146,754,833 G.Actuarial Present Value of Projected Member Contributions 66,645,950 33,433,898 18,549,782 14,662,270 H.Accumulated Value of Active Member Contributions 64,188,492 34,383,103 16,816,590 12,988,799 I.Unfunded Actuarial Accrued Liability (UAAL) Based on EAN Method = C. - E.3.2,469,203 (1,881,498) 4,942,111 (591,410) J.Funded Ratio = E.2. / C.102.60%103.22%101.15%103.16% K.Funded Ratio Excluding Credit Balance = E.3. / C.99.76%100.36%98.34%100.30% Total Non-Hazardous Hazardous Police Hazardous Fire ACTUARIAL VALUE OF BENEFITS AND ASSETS - PRIOR YEAR January 1, 2020 January 1, 2020 January 1, 2020 January 1, 2020 City of Clearwater Employees’ Pension Plan B-9 A.Valuation Date B.Normal Cost for 1.Service Retirement Benefits $13,144,753 $4,778,517 $4,778,940 $3,587,296 2.Vesting 2,421,305 1,596,210 504,608 320,487 3.Disability Benefits 1,967,473 309,813 996,671 660,989 4.Death Benefits 226,345 129,550 49,421 47,374 5.Refund of Contributions 878,771 655,826 124,204 98,741 6.Total for Future Benefits 18,638,647 7,469,916 6,453,844 4,714,887 7.Assumed Amount for Administrative Expenses 244,753 125,457 70,978 48,318 8.Total Normal Cost 18,883,400 7,595,373 6,524,822 4,763,205 C.Expected Member Contributions 8,172,003 4,320,443 2,124,735 1,726,825 D.Employer Normal Cost: B8 - C 10,711,397 3,274,930 4,400,087 3,036,380 E. Employer Normal Cost as % of Covered Payroll 11.55%6.06%20.53%17.56% Total Non-Hazardous Hazardous Police Hazardous Fire CALCULATION OF EMPLOYER NORMAL COST ENTRY AGE NORMAL METHOD - AFTER ASSUMPTION CHANGES January 1, 2021 January 1, 2021 January 1, 2021 January 1, 2021 City of Clearwater Employees’ Pension Plan B-10 A.Valuation Date B.Normal Cost for 1.Service Retirement Benefits $12,985,374 $4,730,925 $4,718,808 $3,535,641 2.Vesting 2,411,197 1,599,036 496,975 315,186 3.Disability Benefits 1,917,862 296,345 975,329 646,188 4.Death Benefits 308,528 172,230 70,424 65,874 5.Refund of Contributions 891,552 664,297 126,239 101,016 6.Total for Future Benefits 18,514,513 7,462,833 6,387,775 4,663,905 7.Assumed Amount for Administrative Expenses 244,753 125,457 70,978 48,318 8.Total Normal Cost 18,759,266 7,588,290 6,458,753 4,712,223 C.Expected Member Contributions 8,172,003 4,320,443 2,124,735 1,726,825 D.Employer Normal Cost: B8 - C 10,587,263 3,267,847 4,334,018 2,985,398 E. Employer Normal Cost as % of Covered Payroll 11.42%6.05%20.22%17.27% CALCULATION OF EMPLOYER NORMAL COST ENTRY AGE NORMAL METHOD - BEFORE ASSUMPTION CHANGES Total Non-Hazardous Hazardous Police Hazardous Fire January 1, 2021 January 1, 2021 January 1, 2021 January 1, 2021 City of Clearwater Employees’ Pension Plan B-11 A.Valuation Date B.Normal Cost for 1.Service Retirement Benefits $12,688,320 $4,708,838 $4,548,907 $3,430,575 2.Vesting 2,368,651 1,575,965 486,222 306,464 3.Disability Benefits 1,875,825 292,571 953,395 629,859 4.Death Benefits 304,363 171,993 67,886 64,484 5.Refund of Contributions 873,017 653,495 121,975 97,547 6.Total for Future Benefits 18,110,176 7,402,862 6,178,385 4,528,929 7.Assumed Amount for Administrative Expenses 324,274 166,687 93,691 63,896 8.Total Normal Cost 18,434,450 7,569,549 6,272,076 4,592,825 C.Expected Member Contributions 7,971,165 4,255,448 2,048,486 1,667,231 D.Employer Normal Cost: B8 - C 10,463,285 3,314,101 4,223,590 2,925,594 E. Employer Normal Cost as % of Covered Payroll 11.55%6.23%20.42%17.50% Total Non-Hazardous Hazardous Police Hazardous Fire CALCULATION OF EMPLOYER NORMAL COST - PRIOR YEAR ENTRY AGE NORMAL METHOD January 1, 2020 January 1, 2020 January 1, 2020 January 1, 2020 City of Clearwater Employees’ Pension Plan B-12 Total Non-Hazardous Hazardous Police Hazardous Fire $28,963,282 $14,888,015 $8,368,213 $5,707,054 -11,522,013 -3,534,489 -4,872,378 -3,115,146 +12,187,284 +3,627,300 +5,199,884 +3,360,100 +1,926,058 +990,053 +556,486 +379,519 31,554,611 15,970,879 9,252,205 6,331,527 Interest on Credit Balance Credit Balance at End of Year Credit Balance at Beginning of Year Required Employer Contribution Employer Contribution Made Reconcilation of Credit Balance City of Clearwater Employees’ Pension Plan B-13 LIQUIDATION OF THE UNFUNDED ACTUARIAL ACCRUED LIABILITY (UAAL) UAAL Amortization Period and Payments - Non-Hazardous Date Established Source Amount Years Remaining Amount After Assumption Changes Before Assumption Changes 1/1/2015 Fresh Start (2,679,461)$ 17 (4,064,548)$ (378,629)$ (380,943)$ 1/1/2016 (Gain)/Loss 244,325 10 344,846 45,126 45,295 1/1/2016 Assumption Change (2,200,261) 20 (3,096,042) (264,761) (266,613) 1/1/2017 (Gain)/Loss (9,301,995) 11 (12,205,717) (1,493,595) (1,499,725) 1/1/2017 Assumption Change 156,236 21 204,654 17,090 17,215 1/1/2018 (Gain)/Loss (5,692,965) 12 (6,970,113) (803,965) (807,552) 1/1/2019 (Gain)/Loss 2,983,422 13 3,410,045 373,224 375,019 1/1/2019 Assumption Change 12,955,157 23 14,794,024 1,184,812 1,194,056 1/1/2020 (Gain)/Loss (611,097) 14 (652,940) (68,192) (68,543) 1/1/2020 Assumption Change 5,818,657 24 6,214,483 488,606 492,541 1/1/2021 (Gain)/Loss (26,810,531) 15 (26,810,531) (2,684,693) (2,699,403) 1/1/2021 Assumption Change (4,671,812) 25 (4,671,812) (361,122) N/A (29,810,325) (33,503,651) (3,946,099) (3,598,653) Original UAAL Current UAAL Payment City of Clearwater Employees’ Pension Plan B-14 UAAL Amortization Period and Payments - Hazardous Police Date Established Source Amount Years Remaining Amount After Assumption Changes Before Assumption Changes 1/1/2015 Fresh Start (1,506,064)$ 17 (2,062,198)$ (192,102)$ (193,276)$ 1/1/2016 (Gain)/Loss 137,330 10 168,332 22,028 22,110 1/1/2016 Assumption Change (1,236,717) 20 (1,583,392) (135,405) (136,352) 1/1/2017 (Gain)/Loss (5,228,439) 11 (6,009,479) (735,371) (738,389) 1/1/2017 Assumption Change 87,817 21 104,886 8,759 8,823 1/1/2018 (Gain)/Loss (3,199,886) 12 (3,456,365) (398,673) (400,452) 1/1/2019 (Gain)/Loss 1,676,914 13 1,701,225 186,196 187,092 1/1/2019 Assumption Change 7,281,798 23 7,609,247 609,404 614,158 1/1/2020 (Gain)/Loss (343,483) 14 (327,427) (34,196) (34,372) 1/1/2020 Plan Amendment 5,717,584 9 5,253,109 742,295 744,790 1/1/2020 Assumption Change 3,552,608 24 3,477,420 273,408 275,610 1/1/2021 (Gain)/Loss (10,424,892) 15 (10,424,892) (1,043,904) (1,049,624) 1/1/2021 Assumption Change (5,894,181) 25 (5,894,181) (455,609) N/A (9,379,611) (11,443,715) (1,153,170) (699,882) Original UAAL Current UAAL Payment City of Clearwater Employees’ Pension Plan B-15 UAAL Amortization Period and Payments - Hazardous Fire Date Established Source Amount Years Remaining Amount After Assumption Changes Before Assumption Changes 1/1/2015 Fresh Start (1,027,124)$ 17 (1,561,747)$ (145,483)$ (146,372)$ 1/1/2016 (Gain)/Loss 93,658 10 132,612 17,353 17,418 1/1/2016 Assumption Change (843,431) 20 (1,189,405) (101,713) (102,424) 1/1/2017 (Gain)/Loss (3,565,754) 11 (4,692,911) (574,264) (576,621) 1/1/2017 Assumption Change 59,890 21 78,618 6,565 6,613 1/1/2018 (Gain)/Loss (2,182,297) 12 (2,679,495) (309,065) (310,444) 1/1/2019 (Gain)/Loss 1,143,642 13 1,310,741 143,459 144,149 1/1/2019 Assumption Change 4,966,128 23 5,682,696 455,111 458,662 1/1/2020 (Gain)/Loss (234,253) 14 (250,947) (26,208) (26,343) 1/1/2020 Plan Amendment 4,071 9 4,367 617 619 1/1/2020 Assumption Change 2,356,236 24 2,521,618 198,259 199,856 1/1/2021 (Gain)/Loss (8,511,064) 15 (8,511,064) (852,262) (856,932) 1/1/2021 Assumption Change (4,361,137) 25 (4,361,137) (337,107) N/A (12,101,435) (13,516,054) (1,524,738) (1,191,819) Original UAAL Current UAAL Payment City of Clearwater Employees’ Pension Plan B-16 Amortization Schedule The UAAL is being liquidated as a level dollar amount over the number of years remaining in the amortization period. The expected amortization schedules are as follows: 2021 $(33,503,651) 2022 (31,493,592) 2023 (29,351,854) 2024 (27,069,832) 2025 (24,638,337) 2026 (22,047,580) 2031 (6,314,864) 2036 - Amortization Schedule - Non-Hazardous Year Expected UAAL 2021 $(11,443,715) 2022 (10,964,567) 2023 (10,454,044) 2024 (9,910,081) 2025 (9,330,489) 2026 (8,712,933) 2031 (4,171,830) 2036 - Amortization Schedule - Hazardous Police Year Expected UAAL City of Clearwater Employees’ Pension Plan B-17 2021 $(13,516,054) 2022 (12,776,742) 2023 (11,989,010) 2024 (11,149,682) 2025 (10,255,378) 2026 (9,302,497) 2031 (3,515,343) 2036 - Amortization Schedule - Hazardous Fire Year Expected UAAL City of Clearwater Employees’ Pension Plan B-18 ACTUARIAL GAINS AND LOSSES The assumptions used to anticipate mortality, employment turnover, investment income, expenses, salary increases, and other factors have been based on long range trends and expectations. Actual experience can vary from these expectations. The variance is measured by the gain and loss for the period involved. If significant long-term experience reveals consistent deviation from what has been expected and that deviation is expected to continue, the assumptions should be modified. The net actuarial gain (loss) for the past year is computed as follows: 1.Last Year's UAAL $2,469,203 $(1,881,498)$4,942,111 $(591,410) 2.Employer Normal Cost for Contribution Year 10,463,285 3,314,101 4,223,590 2,925,594 3.Last Year's Contributions 11,534,013 *3,534,489 *4,879,378 *3,120,146 * 4. Interest at the Assumed Rate on: a.1 and 2 for one year 860,010 95,268 609,519 155,223 b.3 from dates paid 48,288 14,690 20,484 13,114 c. a - b 811,722 80,578 589,035 142,109 5.This Year's Expected UAAL: 1 + 2 - 3 + 4c 2,210,197 (2,021,308)4,875,358 (643,853) 6.This Year's Actual UAAL (Before any changes in benefits and assumptions)(43,536,290)(28,831,839)(5,549,534)(9,154,917) 7.Net Actuarial Gain (Loss): (5) - (6)45,746,487 26,810,531 10,424,892 8,511,064 8.Gain (Loss) Due to Investments 45,956,765 9.Gain (Loss) Due to other sources (210,278) Hazardous FireA. Derivation of the Current UAAL Total Non-Hazardous Hazardous Police * Excludes the portion of the actual contribution above the required contribution that was used to increase the credit balance. City of Clearwater Employees’ Pension Plan B-19 Gains (losses) in previous years have been as follows: Year Ending Gain 12/31 (Loss) 2009 $32,358,262 (4.89)% 2010 2,311,412 (0.37) 2011 (13,721,771)2.28 2012 (7,015,253)1.15 2013 62,452,347 (11.02) 2014 34,213,347 (6.01) 2015 (475,313)0.07 ** 2016 18,096,188 (2.51)** 2017 11,075,148 (1.48)** 2018 (5,803,978)0.75 ** 2019 1,188,833 (0.14)** 2020 45,746,487 (5.30)** Employer Cost Rate* Change in * Before 2015, Change in Normal Cost Rate. ** Before reflecting Chapter 112.66 of the Florida Statutes. Since the annual payment to amortize the UAAL is less than $0, the net effect of these gains and losses on the required employer contribution is $0 or limited after reflecting Chapter 112.66 of the Florida Statutes (the requirement to fund at least the normal cost). City of Clearwater Employees’ Pension Plan B-20 The fund earnings and salary increase assumptions have considerable impact on the cost of the Plan so it is important that they are in line with the actual experience. The following table shows the actual fund earnings and salary increase rates compared to the assumed rates for the last few years: 12/31/1986 N/A 7.00 %7.40 %5.00 % 12/31/1987 N/A 7.00 5.90 5.00 12/31/1988 N/A 7.00 9.10 5.00 12/31/1989 N/A 7.00 8.70 5.00 12/31/1990 N/A 7.00 5.30 5.00 12/31/1991 N/A 7.00 6.10 5.00 12/31/1992 N/A 7.00 6.80 5.00 12/31/1993 7.42 %7.00 1.20 5.00 12/31/1994 6.28 7.00 4.40 5.00 12/31/1995 9.14 7.00 6.40 5.00 12/31/1996 11.54 7.00 6.70 5.00 12/31/1997 13.74 7.00 5.60 5.00 12/31/1998 15.28 7.00 7.40 5.00 12/31/1999 17.96 7.00 4.20 5.00 12/31/2000 12.42 7.00 5.80 5.00 12/31/2001 7.40 7.00 5.90 5.00 12/31/2002 (1.85)7.50 5.80 6.00 12/31/2003 7.45 7.50 6.40 6.00 12/31/2004 2.18 7.50 6.38 6.00 12/31/2005 4.58 7.50 5.49 6.00 12/31/2006 7.87 7.50 5.15 6.00 12/31/2007 10.68 7.50 6.62 6.00 12/31/2008 (10.61)7.50 4.25 6.00 12/31/2009 16.53 7.50 3.29 6.00 12/31/2010 5.98 7.50 1.27 6.00 12/31/2011 4.46 7.50 2.56 6.00 12/31/2012 5.50 7.50 4.48 6.00 12/31/2013 14.04 7.00 3.16 4.07 12/31/2014 11.04 7.00 3.38 4.04 12/31/2015 7.64 7.00 8.65 *4.09 12/31/2016 8.22 7.00 1.23 *4.13 12/31/2017 8.89 7.00 7.35 4.16 12/31/2018 5.76 7.00 4.08 4.18 12/31/2019 7.39 6.75 8.84 4.35 12/31/2020 11.10 6.65 6.05 4.30 Averages 7.99 %---5.45 %--- Assumed Salary Increases Actual Investment Return Year Ending Actual Assumed * Salary for the year ending 12/31/2015 included 27 pay periods rather than 26. The actual investment return rates shown above are based on the actuarial value of assets. The actual salary increase rates shown above are the increases received by those active members who were included in the actuarial valuations both at the beginning and the end of each year. City of Clearwater Employees’ Pension Plan B-21 History of Investment Return Based on Actuarial Value of Assets -15% -10% -5% 0% 5% 10% 15% 20% 25% 30% -15% -10% -5% 0% 5% 10% 15% 20% 25% 30% Plan Year End Actual Assumed History of Salary Increases 0% 5% 10% 15% 0% 5% 10% 15% Plan Year End Compared to Previous Year Actual Assumed City of Clearwater Employees’ Pension Plan B-22 Active Members Year Vested Other End of Ended A E A E A E A E A A A E Year 12/31/2009 49 110 54 57 0 6 0 2 10 46 56 93 1,567 12/31/2010 78 137 68 51 2 6 3 2 15 49 64 85 1,508 12/31/2011 84 124 43 49 6 6 0 2 11 64 75 84 1,468 12/31/2012 119 113 51 52 3 6 1 2 18 40 58 81 1,474 12/31/2013 102 98 27 42 2 3 4 2 11 54 65 79 1,478 12/31/2014 135 131 45 51 5 3 2 2 21 58 79 78 1,482 12/31/2015 145 122 43 52 7 3 1 2 18 53 71 82 1,505 12/31/2016 159 144 49 60 4 3 2 3 18 71 89 89 1,520 12/31/2017 164 161 47 59 2 3 2 2 25 85 110 91 1,523 12/31/2018 207 175 45 65 1 3 0 2 27 102 129 92 1,555 12/31/2019 164 148 38 52 3 4 1 2 13 93 106 99 1,571 12/31/2020 105 135 43 52 0 4 0 2 8 84 92 100 1,541 12/31/2021 56 4 1 92 12 Yr Totals *1511 1598 553 642 35 50 16 25 195 799 994 1053 * Totals are through current Plan Year only. Terminations Year Retirement Retirement Death Totals During Service Disability Actual (A) Compared to Expected (E) Decrements Among Active Employees Number Added City of Clearwater Employees’ Pension Plan B-23 Year Ended Number Number 12/31/2009 12 $142,606 16 $313,189 12/31/2010 12 139,508 18 363,242 12/31/2011 13 220,877 19 416,467 12/31/2012 12 232,755 20 466,010 12/31/2013 20 401,192 20 480,787 12/31/2014 16 275,728 21 510,892 12/31/2015 19 385,405 22 558,603 12/31/2016 20 498,746 25 708,907 12/31/2017 15 288,110 26 753,482 12/31/2018 25 762,324 28 831,241 12/31/2019 20 566,781 28 885,857 12/31/2020 27 921,472 29 949,503 12/31/2021 32 1,073,271 Actual (A) Compared to Expected (E) Deaths Among Retirees and Beneficiaries Actual During Year Annual Pensions Annual Pensions Expected During Year City of Clearwater Employees’ Pension Plan B-24 Active Members Inactive Members 1/1/07 1,692 819 $79,385,090 $559,830,590 N/A N/A N/A $9,192,407 11.58 % 1/1/08 1,641 878 80,371,617 610,979,087 N/A N/A N/A 6,920,400 8.61 1/1/09 1,628 903 82,104,837 536,834,473 N/A N/A N/A 20,005,238 24.37 1/1/10 1,567 955 80,443,199 618,444,906 $647,167,565 $28,722,659 95.6 % 15,879,628 19.74 1/1/11 1,508 1,024 76,505,599 646,956,800 672,786,812 25,830,012 96.2 15,461,725 20.21 1/1/12 1,468 1,072 74,765,020 664,087,199 702,438,432 38,351,233 94.5 17,064,100 22.82 1/1/13 1,474 1,127 74,422,344 688,731,221 774,749,811 86,018,590 88.9 12,845,501 17.26 1/1/14 1,478 1,144 74,254,159 772,411,068 795,927,127 23,516,059 97.0 4,626,039 6.23 1/1/15 1,482 1,194 75,078,542 829,486,793 824,274,144 (5,212,649)100.6 8,194,115 10.91 1/1/16 1,505 1,237 80,250,993 866,598,975 857,177,619 (9,421,356)101.1 8,358,975 10.42 1/1/17 1,520 1,278 79,276,100 908,229,246 880,316,652 (27,912,594)103.2 8,092,922 10.21 1/1/18 1,523 1,334 82,317,307 957,314,542 916,334,666 (40,979,876)104.5 8,236,726 10.01 1/1/19 1,555 1,374 84,608,940 978,492,240 965,611,907 (12,880,333)101.3 9,106,282 10.76 1/1/20 1,571 1,401 90,594,113 1,015,277,332 1,017,746,535 2,469,203 99.8 10,463,285 11.55 1/1/21 1,541 1,422 92,726,419 1,093,182,410 1,034,718,990 (58,463,420)105.7 10,711,397 11.55 Unfunded Actuarial Liability (Entry Age)* RECENT HISTORY OF VALUATION RESULTS Number of Employer Normal Cost* Valuation Date Covered Annual Payroll Actuarial Value of Assets % of PayrollAmount Actuarial Accrued Liability (Entry Age) Funded Ratio * Starting with the January 1, 2015 valuation, the Employer Normal Cost is calculated under the Entry Age Normal Method and the Credit Balance is excluded from the Actuarial Value of Assets. Results before January 1, 2010 are from the January 1, 2009 Report prepared by PricewaterhouseCoopers. City of Clearwater Employees’ Pension Plan B-25 1/1/07 9/30/08 $12,532,399 15.79 %$12,000 0.02 %$12,520,399 15.77 %$12,520,399 $12,000 $12,532,399 1/1/08 9/30/09 10,086,978 12.55 12,000 0.01 10,074,978 12.54 10,074,978 12,000 10,086,978 1/1/09 9/30/10 23,960,586 29.18 12,000 0.01 23,948,586 29.17 23,948,586 12,000 23,960,586 1/1/10 9/30/11 19,373,992 24.08 12,000 0.01 19,361,992 24.07 19,361,992 12,000 19,373,992 1/1/11 9/30/12 18,898,567 24.70 12,000 0.01 18,886,567 24.69 18,886,567 12,000 18,898,567 1/1/12 9/30/13 20,925,720 27.99 12,000 0.02 20,913,720 27.97 20,913,720 12,000 20,925,720 1/1/13 9/30/14 19,608,078 26.35 12,000 0.02 19,596,078 26.33 19,596,078 12,000 19,608,078 1/1/14 9/30/15 10,803,098 14.55 12,000 0.02 10,791,098 14.53 10,791,098 12,000 10,803,098 1/1/15 9/30/16 8,767,703 11.68 12,000 0.02 8,755,703 11.66 8,755,703 12,000 8,767,703 1/1/16 9/30/17 8,944,103 11.15 12,000 0.02 8,932,103 11.13 8,932,103 12,000 8,944,103 1/1/17 9/30/18 8,659,427 10.92 12,000 0.01 8,647,427 10.91 8,647,427 12,000 8,659,427 1/1/18 9/30/19 8,813,297 10.71 12,000 0.02 8,801,297 10.69 8,801,297 12,000 8,813,297 1/1/19 9/30/20 9,720,956 11.49 12,000 0.01 9,708,956 11.48 9,708,956 12,000 9,720,956 1/1/20 9/30/21 11,534,013 12.73 12,000 0.01 11,522,013 12.72 11,522,013 12,000 11,534,013 1/1/21 9/30/22 11,412,994 12.31 12,000 0.01 11,400,994 12.30 --- --- --- % of Payroll Employer StateValuation Date End of Year To Which Valuation Applies Amount Actual Contributions % of Payroll TotalAmount % of PayrollAmount RECENT HISTORY OF REQUIRED AND ACTUAL CONTRIBUTIONS Estimated State Required Contributions Employer & State Net Employer Results before January 1, 2010 are from the January 1, 2009 Report prepared by PricewaterhouseCoopers. City of Clearwater Employees’ Pension Plan B-26 ACTUARIAL ASSUMPTIONS AND COST METHOD Valuation Methods Actuarial Cost Method - Normal cost and the allocation of benefit values between service rendered before and after the valuation date were determined using an Individual Entry-Age Actuarial Cost Method having the following characteristics: (i) the annual normal cost for each individual active member, payable from the date of employment to the date of retirement, is sufficient to accumulate the value of the member’s benefit at the time of retirement; (ii) each annual normal cost is a constant percentage of the member’s year by year projected covered pay. Actuarial gains/(losses), as they occur, reduce (increase) the Unfunded Actuarial Accrued Liability. Financing of Unfunded Actuarial Accrued Liabilities - Unfunded Actuarial Accrued Liabilities (full funding credit if assets exceed liabilities) were amortized by level (principal & interest combined) dollar amount contributions over a reasonable period of future years. Actuarial Value of Assets - The Actuarial Value of Assets phase in the difference between the expected and actual return on market value of assets at the rate of 20% per year. The Actuarial Value of Assets will be further adjusted to the extent necessary to fall within the corridor whose lower limit is 80% of the Market Value of plan assets and whose upper limit is 120% of the Market Value of plan assets. During periods when investment performance exceeds the assumed rate, Actuarial Value of Assets will tend to be less than Market Value. During periods when investment performance is less than assumed rate, Actuarial Value of Assets will tend to be greater than Market Value. Valuation Assumptions The actuarial assumptions used in the valuation are shown in this Section. Both the economic and decrement assumptions were established following the Experience Investigation for the Five Years Ended December 31, 2017, dated December 6, 2018. The mortality assumption is mandated by Chapter 112.63, Florida Statutes. Economic Assumptions The investment return rate assumed in the valuation is 6.55% per year, compounded annually (net rate after investment expenses). This assumption was changed this year (based on the results of a 5-year experience study) from 6.65%. City of Clearwater Employees’ Pension Plan B-27 The Inflation Rate assumed in this valuation is 2.25% per year. The Inflation Rate is defined to be the expected long-term rate of increases in the prices of goods and services. The assumed real rate of return over inflation is defined to be the portion of total investment return that is more than the assumed inflation rate. Considering other economic assumptions, the 6.55% investment return rate translates to an assumed real rate of return over inflation of 4.30%. The rate of salary increase used for individual members can be seen in the tables below. Part of the assumption is for merit and/or seniority increases and productivity increases, and 2.25% recognizes inflation. This assumption is used to project a member’s current salary to the salaries upon which benefits will be based. Years of Service 1 - 2 2.25%7.60% 3 - 4 2.25%6.25% 5 - 9 2.25%5.50% 10 - 14 2.25%5.25% 15 and Higher 2.25%4.50% 3.00% 2.25% 5.35% 4.00% 3.25% % Increase in Salary - Hazardous Duty Merit and Seniority Inflation Total Increase Years of Service 1 2.25%6.50% 2 2.25%5.60% 3 2.25%4.50% 4 - 9 2.25%3.75% 10 - 14 2.25%3.55% 15 - 19 2.25%3.05% 20 and Higher 2.25%2.75% 1.50% 1.30% 0.50% 0.80% 4.25% 3.35% 2.25% % Increase in Salary - Non-Hazardous Duty Merit and Seniority Inflation Total Increase City of Clearwater Employees’ Pension Plan B-28 Demographic Assumptions The mortality tables used in the valuation for Hazardous Duty members are based on the PUB-2010 Headcount Weighted Mortality Tables described below, with mortality improvements projected for healthy lives to all future years after 2010 using Scale MP-2018. No mortality improvement is projected for disabled lives. Pre-Retirement PUB-2010 Table Post-Retirement PUB-2010 Table Female Healthy Headcount Weighted Safety Employee Female Table, set forward 1 year Headcount Weighted Safety Healthy Retiree Female Table, set forward 1 year Male Healthy Headcount Weighted Safety Below Median Employee Male Table, set forward 1 year Headcount Weighted Safety Below Median Healthy Retiree Male Table, set forward 1 year Female Disabled N/A 80% Headcount Weighted General Disabled Retiree Female Table; 20% Headcount Weighted Safety Disabled Retiree Female Table Male Disabled N/A 80% Headcount Weighted General Disabled Retiree Male Table; 20% Headcount Weighted Safety Disabled Retiree Male Table These are the same rates used for Special Risk Class members of the Florida Retirement System (FRS) in the July 1, 2019 FRS Actuarial Valuation Report. Florida Statutes Chapter 112.63(1)(f) mandates the use of the same mortality tables used by the FRS in either of its two most recently published actuarial valuation reports. In the previous valuation, the mortality rates were the same as used for Special Risk Class members in the July 1, 2018 FRS Actuarial Valuation. These rates were based on the RP-2000 Mortality Tables with collar and age adjustments and mortality improvements projected for non-disabled lives to all future years after 2000 using Scale BB. The following table presents post-retirement mortality rates and life expectancies at illustrative ages. These assumptions are used to measure the probabilities of each benefit payment being made after retirement. City of Clearwater Employees’ Pension Plan B-29 FRS Healthy Post-Retirement Mortality for Special Risk Class Members Sample Attained Ages (in 2021)Men Women Men Women 50 0.42 %0.20 %32.50 36.33 55 0.56 0.36 27.73 31.30 60 0.92 0.61 23.14 26.51 65 1.32 0.92 18.87 22.00 70 2.08 1.45 14.86 17.74 75 3.54 2.42 11.27 13.82 80 6.30 4.16 8.19 10.35 Probability of Future Life Dying Next Year Expectancy (years) The following tables present pre-retirement mortality rates and life expectancies at illustrative ages. These assumptions are used to measure the probabilities of active members dying prior to retirement. All Police and 90% of Firefighters’ deaths before retirement are assumed to be non- service connected. FRS Healthy Pre-Retirement Mortality for Special Risk Class Members Sample Attained Ages (in 2021)Men Women Men Women 50 0.16 %0.11 %35.66 39.58 55 0.26 0.16 30.58 34.44 60 0.43 0.22 25.63 29.37 65 0.69 0.30 20.86 24.35 70 1.18 0.55 16.34 19.45 75 2.08 1.07 12.10 14.75 80 6.30 4.16 8.19 10.35 Probability of Future Life Dying Next Year Expectancy (years) The following table presents disabled post-retirement mortality rates and life expectancies at illustrative ages. FRS Disabled Mortality for Special Risk Class Members Sample Attained Ages Men Women Men Women 50 1.45 %1.25 %24.04 26.84 55 1.91 1.50 20.88 23.54 60 2.37 1.81 17.92 20.32 65 3.00 2.22 15.07 17.17 70 3.91 2.90 12.39 14.10 75 5.30 4.13 9.87 11.22 80 7.66 6.21 7.60 8.67 Probability of Future Life Dying Next Year Expectancy (years) City of Clearwater Employees’ Pension Plan B-30 The mortality tables used in the valuation for Non-Hazardous Duty members are based on the PUB- 2010 Headcount Weighted Mortality Tables described below, with mortality improvements projected for healthy lives to all future years after 2010 using Scale MP-2018. No mortality improvement is projected for disabled lives. Pre-Retirement PUB-2010 Table Post-Retirement PUB-2010 Table Female Healthy Headcount Weighted General Below Median Employee Female Table Headcount Weighted General Below Median Healthy Retiree Female Table Male Healthy Headcount Weighted General Below Median Employee Male Table, set back 1 year Headcount Weighted General Below Median Healthy Retiree Male Table, set back 1 year Female Disabled N/A PUB-2010 Headcount Weighted General Disabled Retiree Female, set forward 3 years Male Disabled N/A PUB-2010 Headcount Weighted General Disabled Retiree Male, set forward 3 years These are the same rates used for Regular Class members (other than K-12 School Instructional Personnel) of the Florida Retirement System (FRS) in the July 1, 2019 FRS Actuarial Valuation Report. Florida Statutes Chapter 112.63(1)(f) mandates the use of the mortality tables from either of the two most recently published actuarial valuation reports of FRS. In the previous valuation, the mortality rates were the same as used for Regular Class members in the July 1, 2018 FRS Actuarial Valuation. These rates were based on the RP-2000 Mortality Tables with collar and age adjustments and mortality improvements projected for non-disabled lives to all future years after 2000 using Scale BB. The following table presents post-retirement mortality rates and life expectancies at illustrative ages. These assumptions are used to measure the probabilities of each benefit payment being made after retirement. FRS Healthy Post-Retirement Mortality for Non-Special Risk Class Members Sample Attained Ages (in 2021)Men Women Men Women 50 0.19 %0.58 %33.14 36.95 55 0.96 0.58 28.77 32.50 60 1.14 0.60 24.68 27.96 65 1.29 0.69 20.63 23.39 70 1.80 1.09 16.62 18.91 75 2.86 1.89 12.91 14.73 80 4.83 3.41 9.63 10.98 Dying Next Year Expectancy (years) Probability of Future Life City of Clearwater Employees’ Pension Plan B-31 The following tables present pre-retirement mortality rates and life expectancies at illustrative ages. These assumptions are used to measure the probabilities of active members dying prior to retirement. All deaths before retirement are assumed to be non-service connected. FRS Healthy Pre-Retirement Mortality for Non-Special Risk Class Members Sample Attained Ages (in 2021)Men Women Men Women 50 0.19 %0.11 %37.72 40.26 55 0.30 0.17 32.71 35.14 60 0.46 0.26 27.85 30.11 65 0.65 0.37 23.17 25.19 70 0.90 0.56 18.62 20.37 75 1.35 0.93 14.19 15.68 80 2.13 1.58 9.89 11.17 Probability of Future Life Dying Next Year Expectancy (years) The following table presents disabled post-retirement mortality rates and life expectancies at illustrative ages. FRS Disabled Mortality for Non-Special Risk Class Members Sample Attained Ages Men Women Men Women 50 2.02 %1.64 %20.99 23.92 55 2.53 1.91 18.18 20.88 60 3.08 2.27 15.50 17.88 65 3.93 2.83 12.94 14.91 70 5.08 3.79 10.53 12.07 75 6.98 5.46 8.29 9.45 80 10.12 8.31 6.33 7.19 Probability of Future Life Dying Next Year Expectancy (years) City of Clearwater Employees’ Pension Plan B-32 The rates of retirement used to measure the probability of eligible members retiring under normal and early retirement eligibility during the next year were as follows: Years of Probability of Service Age Retirement 10 - 19 50 - 54 5 % 55 - 59 15 60 - 64 40 65 & Over 100 20 & Over Under 55 15 55 - 59 30 60 - 64 40 65 & Over 100 Hazardous Duty Retirement Years of Probability of Service Age Retirement 10 - 19 65 - 74 30 % 75 & Over 100 20 - 29 55 - 64 20 65 - 69 30 70 & Over 100 30 & Over Under 55 45 55 - 59 20 60 - 64 30 65 - 69 50 70 & Over 100 Non-Hazardous Duty Retirement City of Clearwater Employees’ Pension Plan B-33 Rates of separation from active membership were as shown below (rates do not apply to members eligible to retire and do not include separation on account of death or disability). This assumption measures the probabilities of members separating from employment prior to becoming eligible for retirement. Years of % of Active Members Years of % of Active Members Service Age Separating Within Next Year Service Age Separating Within Next Year Under 1 All Ages 8.5 %Under 1 All Ages 20.0 % 1 All Ages 7.5 1 & Over All Ages 4.0 2 - 5 Under 40 4.5 40 & Over 2.5 6 & Over Under 40 2.0 40 & Over 1.5 Hazardous Duty Withdrawal - Males Hazardous Duty Withdrawal - Females Years of % of Active Members Years of % of Active Members Service Age Separating Within Next Year Service Age Separating Within Next Year Under 1 Under 35 25.0 %Under 3 Under 30 22.0 % 35 & Over 11.0 30 - 34 15.0 35 - 44 5.0 1 - 2 All Ages 16.0 45 - 49 14.0 50 - 59 18.0 3 - 4 Under 40 11.0 60 & Over 25.0 40 & Over 5.0 3 - 4 Under 30 18.0 5 - 9 Under 30 12.5 30 - 39 14.0 30 - 49 5.0 40 - 59 5.0 50 - 59 3.0 60 & Over 20.0 60 & Over 7.5 5 - 9 Under 35 5.0 10 & Over Under 35 7.5 35 - 44 6.0 35 - 39 4.0 45 - 59 4.5 40 - 49 3.5 60 & Over 3.0 50 - 54 2.0 55 - 59 3.0 10 & Over Under 40 6.0 60 & Over 4.5 40 - 44 5.0 45 - 49 3.75 50 - 54 3.25 55 - 59 2.75 60 & Over 6.0 Non-Hazardous Duty Withdrawal - Males Non-Hazardous Duty Withdrawal - Females City of Clearwater Employees’ Pension Plan B-34 Rates of disability among active members (100% of disabilities are assumed to be service- connected). Sample Ages 20 0.25 %0.50 % 25 0.25 0.50 30 0.25 0.75 35 0.30 1.00 40 0.45 1.25 45 0.60 1.50 50 0.60 1.50 55 0.60 1.50 60 0.75 1.50 65 1.00 1.50 70 1.50 1.50 Males Females Hazardous Duty Disability % of Active Members Becoming Disabled Within Next Year Sample Ages 20 0.03 %0.03 % 25 0.03 0.03 30 0.03 0.03 35 0.04 0.04 40 0.07 0.07 45 0.10 0.10 50 0.14 0.14 55 0.24 0.24 60 0.29 0.29 65 0.34 0.34 70 0.44 0.44 Males Females Non-Hazardous Duty Disability % of Active Members Becoming Disabled Within Next Year City of Clearwater Employees’ Pension Plan B-35 Miscellaneous and Technical Assumptions Administrative & Investment Expenses The investment return assumption is intended to be the net return after investment expenses. Annual administrative expenses are assumed to be equal to the administrative expenses of the previous year. Assumed administrative expenses are added to the Normal Cost. Benefit Service Exact fractional service is used to determine the amount of benefit payable. Cost of Living Increases The adjustment is 1.5% annually commencing on each April 1 for all retirees and beneficiaries who have received at least 6 monthly benefit payments. There is a five-year delay in the COLA for non- grandfathered non-hazardous duty members and hazardous duty police officers employed on or after January 1, 2020 for benefits accrued after January 1, 2013. There is no COLA for non- grandfathered hazardous duty firefighters for benefits accrued after January 1, 2013. Decrement Operation Disability and mortality decrements operate during retirement eligibility. Decrement Timing Decrements of all types are assumed to occur at the beginning of the year. Eligibility Testing Eligibility for benefits is determined based upon the age nearest birthday and service nearest whole year on the date the decrement is assumed to occur. Forfeitures For vested separations from service, it is assumed that 0% of members separating will withdraw their contributions and forfeit an employer financed benefit. It was further assumed that the liability at termination is the greater of the vested deferred benefit (if any) or the member’s accumulated contributions. Incidence of Contributions Employer contributions are assumed to be made in equal installments during the first two quarters of the fiscal year. Member contributions are assumed to be received continuously throughout the year based upon the computed percent of payroll shown in this report, and the actual payroll payable at the time contributions are made. City of Clearwater Employees’ Pension Plan B-36 Marriage Assumption 75% of males and 75% of females are assumed to be married for purposes of death-in-service benefits and to determine the normal form of benefit when applicable. Male spouses are assumed to be three years older than female spouses for all active members and for members who became inactive before January 1, 2015. For members who became inactive on or after January 1, 2015, spouses ages are based on the beneficiary dates of birth provided by the Plan Administrator. Normal Form of Benefit The normal form of benefit is a life annuity for non-grandfathered non-hazardous duty members. For all other members, the normal form of benefit is a life annuity that includes a survivor benefit where after the participant’s death, 100% is payable to the spouse for five years, after which the benefit is reduced to 50%. Pay Increase Timing End of fiscal year. This is equivalent to assuming that reported pays represent the annual rate of pay on the valuation date. The pay used for the valuation is equal to the greater of the actual pay for the plan year increased by the salary scale assumption rate (which varies by years of service) and the annual rate of pay on the valuation date. Service Credit Accruals It is assumed that members accrue one year of service credit per year. City of Clearwater Employees’ Pension Plan B-37 GLOSSARY Actuarial Accrued Liability (AAL) The difference between the Actuarial Present Value of Future Benefits, and the Actuarial Present Value of Future Normal Costs. Actuarial Assumptions Assumptions about future plan experience that affect costs or liabilities, such as: mortality, withdrawal, disablement, and retirement; future increases in salary; future rates of investment earnings; future investment and administrative expenses; characteristics of members not specified in the data, such as marital status; characteristics of future members; future elections made by members; and other items. Actuarial Cost Method A procedure for allocating the Actuarial Present Value of Future Benefits between the Actuarial Present Value of Future Normal Costs and the Actuarial Accrued Liability. Actuarial Equivalent Of equal Actuarial Present Value, determined as of a given date and based on a given set of Actuarial Assumptions. Actuarial Present Value (APV) The amount of funds required to provide a payment or series of payments in the future. It is determined by discounting the future payments with an assumed interest rate and with the assumed probability each payment will be made. Actuarial Present Value of Future Benefits (APVFB) The Actuarial Present Value of amounts which are expected to be paid at various future times to active members, retired members, beneficiaries receiving benefits, and inactive, nonretired members entitled to either a refund or a future retirement benefit. Expressed another way, it is the value that would have to be invested on the valuation date so that the amount invested plus investment earnings would provide sufficient assets to pay all projected benefits and expenses when due. Actuarial Valuation The determination, as of a valuation date, of the Normal Cost, Actuarial Accrued Liability, Actuarial Value of Assets, and related Actuarial Present Values for a plan. An Actuarial Valuation for a governmental retirement system typically also includes calculations of the Funded Ratio and the Actuarially Determined Contribution (ADC). Actuarial Value of Assets The value of the assets as of a given date, used by the actuary for valuation purposes. This may be the market or fair value of plan assets or a smoothed value in order to reduce the year-to-year volatility of calculated results, such as the funded ratio and the Actuarially Determined Contribution (ADC). City of Clearwater Employees’ Pension Plan B-38 Actuarially Determined Contribution (ADC) The employer’s periodic required contributions, expressed as a dollar amount or a percentage of covered plan compensation. The ADC consists of the Employer Normal Cost and Amortization Payment. Amortization Method A method for determining the Amortization Payment. The most common methods used are level dollar and level percentage of payroll. Under the Level Dollar method, the Amortization Payment is one of a stream of payments, all equal, whose Actuarial Present Value is equal to the UAAL. Under the Level Percentage of Pay method, the Amortization Payment is one of a stream of increasing payments, whose Actuarial Present Value is equal to the UAAL. Under the Level Percentage of Pay method, the stream of payments increases at the rate at which total covered payroll of all active members is assumed to increase. Amortization Payment That portion of the plan contribution or ADC which is designed to pay interest on and to amortize the Unfunded Actuarial Accrued Liability. Amortization Period The period used in calculating the Amortization Payment. Closed Amortization Period A specific number of years that is reduced by one each year, and declines to zero with the passage of time. For example if the amortization period is initially set at 30 years, it is 29 years at the end of one year, 28 years at the end of two years, etc. Employer Normal Cost The portion of the Normal Cost to be paid by the employer. This is equal to the Normal Cost less expected member contributions. Equivalent Single Amortization Period For plans that do not establish separate amortization bases (separate components of the UAAL), this is the same as the Amortization Period. For plans that do establish separate amortization bases, this is the period over which the UAAL would be amortized if all amortization bases were combined upon the current UAAL payment. Experience Gain/Loss A measure of the difference between the normal cost rate from last year and the normal cost rate from this year. Funded Ratio The ratio of the Actuarial Value of Assets to the Actuarial Accrued Liability. Normal Cost The annual cost assigned, under the Actuarial Cost Method, to the current plan year. City of Clearwater Employees’ Pension Plan B-39 Open Amortization Period An open amortization period is one which is used to determine the Amortization Payment but which does not change over time. In other words, if the initial period is set as 30 years, the same 30-year period is used in determining the Amortization Period each year. In theory, if an Open Amortization Period is used to amortize the Unfunded Actuarial Accrued Liability, the UAAL will never completely disappear, but will become smaller each year, either as a dollar amount or in relation to covered payroll. Unfunded Actuarial Accrued Liability The difference between the Actuarial Accrued Liability and Actuarial Value of Assets. Valuation Date The date as of which the Actuarial Present Value of Future Benefits are determined. The benefits expected to be paid in the future are discounted to this date. SECTION C PENSION FUND INFORMATION City of Clearwater Employees’ Pension Plan C-1 Statement of Plan Assets at Market Value 2020 2019 A.Cash and Cash Equivalents (Operating Cash)-$ -$ B.Receivables 1.Member Contributions -$ -$ 2.Employer Contributions 6,573,873 4,735,719 3.Investment Income and Other Receivables 7,531,666 10,393,319 4.Total Receivables 14,105,539$ 15,129,038$ C.Investments 1.Short-Term Investments 36,656,865$ 19,252,436$ 2.Domestic Equities 518,911,746 467,303,037 3.International Equities 221,655,402 202,478,365 4.Domestic Fixed Income 340,222,143 290,776,763 5.International Fixed Income - - 6.Real Estate 95,691,009 95,127,571 7.Infrastructure 44,524,919 43,301,120 8.Private Equity - - 9.Total Investments 1,257,662,084$ 1,118,239,292$ D.Liabilities 1.Benefits Payable -$ -$ 2.Accrued Expenses and Other Payables (17,473,778) (12,472,393) 3.Total Liabilities (17,473,778)$ (12,472,393)$ E.Total Market Value of Assets Available for Benefits 1,254,293,845$ 1,120,895,937$ F.Allocation of Investments 1.Short-Term Investments 2.91%1.72% 2.Domestic Equities 41.26%41.79% 3.International Equities 17.62%18.11% 4.Domestic Fixed Income 27.06%26.00% 5.International Fixed Income 0.00%0.00% 6.Real Estate 7.61%8.51% 7.Infrastructure 3.54%3.87% 8.Private Equity 0.00%0.00% 9.Total Investments 100.00%100.00% December 31 Item City of Clearwater Employees’ Pension Plan C-2 Reconciliation of Plan Assets 2020 2019 A.Market Value of Assets at Beginning of Year 1,120,895,937$ 963,571,264$ B.Revenues and Expenditures 1.Contributions a.Employee Contributions 7,971,499$ 7,482,806$ b.Employer Contributions 12,187,284 10,268,063 c.State Contributions 12,000 12,000 d.Total 20,170,783$ 17,762,869$ 2.Investment Income a.Interest, Dividends, and Other Income 18,588,138$ 21,605,614$ b.Net Realized Gains/(Losses)82,411,206 32,562,716 c.Net Unrealized Gains/(Losses)72,374,011 143,690,454 d.Investment Expenses (6,395,926) (6,674,393) e.Net Investment Income 166,977,429$ 191,184,391$ 3.Benefits and Refunds a.Refunds (916,875)$ (941,143)$ b.Regular Monthly Benefits (51,027,801) (49,309,666) c.Partial Lump-Sum Benefits Paid (1,560,875) (1,047,504) d.Total (53,505,551)$ (51,298,313)$ 4.Administrative and Miscellaneous Expenses (244,753)$ (324,274)$ 5.Transfers -$ -$ C.Market Value of Assets at End of Year 1,254,293,845$ 1,120,895,937$ December 31 Item City of Clearwater Employees’ Pension Plan C-3 Development of Actuarial Value of Assets Valuation Date - December 31 2019 2020 2021 2022 2023 2024 A.Actuarial Value of Assets Beginning of Year 1,005,100,366$ 1,044,240,614$ B.Market Value End of Year 1,120,895,937 1,254,293,845 C.Market Value Beginning of Year 963,571,264 1,120,895,937 D.Non-Investment/Administrative Net Cash Flow (33,859,718) (33,579,521) E.Investment Income E1. Actual Market Total: B-C-D 191,184,391 166,977,429 E2. Assumed Rate of Return 6.75%6.65%6.55%6.50%6.50%6.50% E3. Assumed Amount of Return 63,739,343 73,216,742 E4. Amount Subject to Phase-In: E1–E3 127,445,048 93,760,687 F.Phase-In Recognition of Investment Income F1. Current Year: 0.2 x E4 25,489,010 18,752,137 F2. First Prior Year (19,001,935) 25,489,010 18,752,137 F3. Second Prior Year 16,085,119 (19,001,935) 25,489,010 18,752,137 F4. Third Prior Year (465,144) 16,085,119 (19,001,935) 25,489,010 18,752,137 F5. Fourth Prior Year (12,846,427) (465,145) 16,085,118 (19,001,937) 25,489,008 18,752,139 F6. Total Phase-Ins 9,260,623 40,859,186 41,324,330 25,239,210 44,241,145 18,752,139 G.Actuarial Value of Assets End of Year G1. Preliminary Actuarial Value of Assets 1,044,240,614$ 1,124,737,021$ G2. Upper Corridor Limit: 120%*B 1,345,075,124$ 1,505,152,614$ G3. Lower Corridor Limit: 80%*B 896,716,750$ 1,003,435,076$ G4. Funding Value End of Year 1,044,240,614$ 1,124,737,021$ G5. Credit Balance 28,963,282$ 31,554,611$ G6. Final Actuarial Value of Assets 1,015,277,332$ 1,093,182,410$ H.Recognized Investment Earnings 72,999,966$ 114,075,928$ I.Difference between Market & Actuarial Value 76,655,323$ 129,556,824$ J.Actuarial Rate of Return 7.39%11.10% K.Market Value Rate of Return 20.20%15.12% L.Ratio of Actuarial Value of Assets to Market Value 93.16%89.67% The Actuarial Value of Assets recognizes assumed investment return (line E3) fully each year. Differences between actual and assumed investment income (Line E4) are phased-in over a closed 5-year period. During periods when investment performance exceeds the assumed rate, Actuarial Value of Assets will tend to be less than Market Value. During periods when investment performance is less than the assumed rate, Actuarial Value of Assets will tend to be greater than Market Value. If assumed rates are exactly realized for 5 consecutive years, Actuarial Value of Assets will become equal to Market Value. City of Clearwater Employees’ Pension Plan C-4 Allocation of Plan Assets by Group Total Non-Hazardous Hazardous Police Hazardous Fire A.Market Value of Assets as of January 1, 2020 1,120,895,937$ 576,174,867$ 323,854,740$ 220,866,330$ B.Contributions (All)20,170,783 7,848,771 7,275,448 5,046,564 C.Net Investment Return 166,977,429 85,590,389 48,423,234 32,963,806 D.Benefit Payments (All)53,505,551 28,173,041 14,535,280 10,797,230 E.Administrative Expenses 244,753 125,457 70,978 48,318 F.Market Value of Assets as of January 1, 2021 1,254,293,845 641,315,529 364,947,164 248,031,152 G.Actuarial Value of Assets as of January 1, 2021 1,124,737,021 575,073,632 327,251,535 222,411,854 H Actuarial Value of Assets less Credit Balance 1,093,182,410 559,102,753 317,999,330 216,080,327 Item City of Clearwater Employees’ Pension Plan C-5 Investment Rate of Return Plan Year Ending December 31 1986 13.21 % N/A 1987 10.78 N/A 1988 9.12 N/A 1989 20.84 N/A 1990 6.21 N/A 1991 28.52 N/A 1992 6.49 N/A 1993 9.29 7.42 % 1994 0.89 6.28 1995 23.36 9.14 1996 14.80 11.54 1997 17.49 13.74 1998 16.74 15.28 1999 18.61 17.96 2000 (3.43)12.42 2001 (5.16)7.40 2002 (8.83)(1.85) 2003 20.08 7.45 2004 9.73 2.18 2005 6.67 4.58 2006 11.80 7.87 2007 7.29 10.68 2008 (27.01)(10.61) 2009 30.93 16.53 2010 17.50 5.98 2011 (0.32)4.46 2012 13.92 5.50 2013 16.90 14.04 2014 7.99 11.04 2015 (0.28)7.64 2016 6.70 8.22 2017 16.01 8.89 2018 (2.48)5.76 2019 20.20 7.39 2020 15.12 11.10 Average returns: Last five years:10.81 % 8.26 % Last ten years:9.09 % 8.37 % All years:9.38 % 7.99 % Actuarial*Market* *Before investment expenses prior to 2013. The above rates are based on the retirement system’s financial information reported to the actuary. They may differ from figures that the investment consultant reports, in part because of differences in the handling of administrative and investment expenses, and in part because of differences in the handling of cash flows. SECTION D FINANCIAL ACCOUNTING INFORMATION City of Clearwater Employees’ Pension Plan D-1 A.Valuation Date B.Actuarial Present Value of Accumulated Plan Benefits 1.Vested Benefits a.Members Currently Receiving Payments $685,317,342 $676,836,452 b.Terminated Vested Members 16,396,732 18,283,940 c.Other Members 250,641,102 243,779,791 d.Total 952,355,176 938,900,183 2.Non-Vested Benefits 18,138,133 16,580,142 3.Total Actuarial Present Value of Accumulated Plan Benefits: 1d + 2 970,493,309 955,480,325 4.Accumulated Contributions of Active Members 66,757,705 64,188,492 C.Changes in the Actuarial Present Value of Accumulated Plan Benefits 1.Total Value at Beginning of Year 955,480,325 913,458,490 2.Increase (Decrease) During the Period Attributable to: a.Plan Amendment 0 3,573,402 b.Change in Actuarial Assumptions (13,512,345)10,956,515 c.Latest Member Data, Benefits Accumulated and Decrease in the Discount Period 82,030,880 78,790,231 d.Benefits Paid (53,505,551)(51,298,313) e.Net Increase 15,012,984 42,021,835 3.Total Value at End of Period 970,493,309 955,480,325 D.Market Value of Assets 1,254,293,845 1,120,895,937 E.Actuarial Assumptions - See page entitled Actuarial Assumptions and Methods FASB NO. 35 INFORMATION January 1, 2021 January 1, 2020 SECTION E MISCELLANEOUS INFORMATION City of Clearwater Employees’ Pension Plan E-1 A. 1.Number Included in Last Valuation 1,571 1,555 2.New Members Included in Current Valuation 104 162 3.Non-Vested Employment Terminations (84)(93) 4.Vested Employment Terminations (8)(13) 5.Service Retirements (43)(38) 6.Disability Retirements 0 (3) 7.Deaths 0 (1) 8.Rehired Members/Data Corrections 1 2 9.Number Included in This Valuation 1,541 1,571 B. 1.Number Included in Last Valuation 80 86 2.Additions from Active Members 8 13 3.Lump Sum Payments/Refund of Contributions (3)(6) 4.Payments Commenced (11)(11) 5.Deaths 0 0 6.Conversion from Disability/Rehired Members 0 (2) 7.Data Corrections 0 0 8.Number Included in This Valuation 74 80 C. 1.Number Included in Last Valuation 1,321 1,288 2.Additions from Active Members 43 41 3.Additions from Terminated Vested Members 11 11 4.Deaths Resulting in No Further Payments (27)(19) 5.Deaths Resulting in New Survivor Benefits 0 1 6.End of Certain Period - No Further Payments 0 0 7.Data Correction/Waiver of Benefits 0 (1) 8.Number Included in This Valuation 1,348 1,321 RECONCILIATION OF MEMBERSHIP DATA Active Members Service Retirees, Disability Retirees and Beneficiaries Terminated Vested Members From 1/1/2019From 1/1/2020 To 1/1/2020To 1/1/2021 City of Clearwater Employees’ Pension Plan E-2 ACTIVE PARTICIPANT DISTRIBUTION ALL ACTIVE MEMBERS Age Group 0-1 1-2 2-3 3-4 4-5 5-9 10-14 15-19 20-24 25-29 30-34 35+Totals 15-19 NO.0 0 0 0 0 0 0 0 0 0 0 0 0 TOT PAY 0 0 0 0 0 0 0 0 0 0 0 0 0 AVG PAY 0 0 0 0 0 0 0 0 0 0 0 0 0 20-24 NO.19 7 7 2 1 1 0 0 0 0 0 0 37 TOT PAY 700,398 228,611 223,226 68,691 30,871 37,257 0 0 0 0 0 0 1,289,054 AVG PAY 36,863 32,659 31,889 34,346 30,871 37,257 0 0 0 0 0 0 34,839 25-29 NO.23 36 32 23 22 33 0 0 0 0 0 0 169 TOT PAY 909,687 1,632,491 1,685,610 1,107,614 1,217,112 1,740,155 0 0 0 0 0 0 8,292,669 AVG PAY 39,552 45,347 52,675 48,157 55,323 52,732 0 0 0 0 0 0 49,069 30-34 NO.19 26 22 31 22 56 17 0 0 0 0 0 193 TOT PAY 682,275 1,064,868 1,243,245 1,636,088 1,189,472 3,146,486 1,210,508 0 0 0 0 0 10,172,942 AVG PAY 35,909 40,956 56,511 52,777 54,067 56,187 71,206 0 0 0 0 0 52,710 35-39 NO.6 15 20 14 15 58 44 24 0 0 0 0 196 TOT PAY 253,129 662,743 984,208 788,719 832,570 3,437,066 3,233,988 1,664,458 0 0 0 0 11,856,881 AVG PAY 42,188 44,183 49,210 56,337 55,505 59,260 73,500 69,352 0 0 0 0 60,494 40-44 NO.13 11 20 12 6 31 34 45 11 0 0 0 183 TOT PAY 494,305 500,619 847,129 613,302 351,893 1,861,748 2,833,293 3,466,112 771,391 0 0 0 11,739,792 AVG PAY 38,023 45,511 42,356 51,108 58,649 60,056 83,332 77,025 70,126 0 0 0 64,152 45-49 NO.4 15 18 6 3 34 41 48 38 7 0 0 214 TOT PAY 143,976 603,850 763,651 285,850 124,915 1,889,689 2,773,042 3,909,966 3,411,042 591,500 0 0 14,497,481 AVG PAY 35,994 40,257 42,425 47,642 41,638 55,579 67,635 81,458 89,764 84,500 0 0 67,745 50-54 NO.11 8 14 5 6 17 20 42 42 24 6 0 195 TOT PAY 474,184 330,951 669,583 252,528 342,690 1,088,043 1,374,442 3,473,108 3,518,018 2,222,825 439,450 0 14,185,822 AVG PAY 43,108 41,369 47,827 50,506 57,115 64,003 68,722 82,693 83,762 92,618 73,242 0 72,748 55-59 NO.5 7 12 4 2 26 27 40 24 21 8 2 178 TOT PAY 188,933 291,482 659,475 147,559 75,693 1,371,781 1,481,194 2,424,393 1,760,601 1,500,588 611,351 154,347 10,667,397 AVG PAY 37,787 41,640 54,956 36,890 37,846 52,761 54,859 60,610 73,358 71,457 76,419 77,174 59,929 60-64 NO.1 5 2 2 3 13 16 32 23 16 6 2 121 TOT PAY 46,993 195,606 73,384 115,514 146,273 641,494 959,833 1,764,174 1,309,909 1,039,181 374,308 128,160 6,794,829 AVG PAY 46,993 39,121 36,692 57,757 48,758 49,346 59,990 55,130 56,953 64,949 62,385 64,080 56,156 65+ NO.3 1 1 1 1 9 6 11 10 7 4 1 55 TOT PAY 199,240 27,757 28,056 29,583 33,233 487,430 324,395 598,208 612,775 474,676 324,881 89,318 3,229,552 AVG PAY 66,413 27,757 28,056 29,583 33,233 54,159 54,066 54,383 61,278 67,811 81,220 89,318 58,719 TOT NO.104 131 148 100 81 278 205 242 148 75 24 5 1,541 TOT AMT 4,093,120 5,538,978 7,177,567 5,045,448 4,344,722 15,701,149 14,190,695 17,300,419 11,383,736 5,828,770 1,749,990 371,825 92,726,419 AVG AMT 39,357 42,282 48,497 50,454 53,639 56,479 69,223 71,489 76,917 77,717 72,916 74,365 60,173 Years of Service to Valuation Date City of Clearwater Employees’ Pension Plan E-3 ACTIVE PARTICIPANT DISTRIBUTION NON-HAZARDOUS DUTY MEMBERS Age Group 0-1 1-2 2-3 3-4 4-5 5-9 10-14 15-19 20-24 25-29 30-34 35+Totals 15-19 NO.0 0 0 0 0 0 0 0 0 0 0 0 0 TOT PAY 0 0 0 0 0 0 0 0 0 0 0 0 0 AVG PAY 0 0 0 0 0 0 0 0 0 0 0 0 0 20-24 NO.13 7 7 2 1 1 0 0 0 0 0 0 31 TOT PAY 386,387 228,611 223,226 68,691 30,871 37,257 0 0 0 0 0 0 975,043 AVG PAY 29,722 32,659 31,889 34,346 30,871 37,257 0 0 0 0 0 0 31,453 25-29 NO.18 22 20 16 11 21 0 0 0 0 0 0 108 TOT PAY 674,834 691,873 810,216 596,414 397,210 834,104 0 0 0 0 0 0 4,004,651 AVG PAY 37,491 31,449 40,511 37,276 36,110 39,719 0 0 0 0 0 0 37,080 30-34 NO.16 22 10 20 14 35 8 0 0 0 0 0 125 TOT PAY 506,269 786,525 362,573 837,553 607,488 1,493,953 391,426 0 0 0 0 0 4,985,787 AVG PAY 31,642 35,751 36,257 41,878 43,392 42,684 48,928 0 0 0 0 0 39,886 35-39 NO.5 12 14 9 11 36 25 18 0 0 0 0 130 TOT PAY 191,357 452,318 557,387 415,794 532,475 1,703,635 1,311,495 961,820 0 0 0 0 6,126,281 AVG PAY 38,271 37,693 39,813 46,199 48,407 47,323 52,460 53,434 0 0 0 0 47,125 40-44 NO.12 10 19 12 4 20 11 22 8 0 0 0 118 TOT PAY 438,276 432,153 758,037 613,302 195,946 960,161 660,932 1,182,542 423,730 0 0 0 5,665,079 AVG PAY 36,523 43,215 39,897 51,109 48,987 48,008 60,085 53,752 52,966 0 0 0 48,009 45-49 NO.4 15 17 5 3 29 30 24 17 4 0 0 148 TOT PAY 143,976 603,850 688,363 206,667 124,915 1,476,769 1,714,456 1,334,171 1,006,103 235,593 0 0 7,534,863 AVG PAY 35,994 40,257 40,492 41,333 41,638 50,923 57,149 55,590 59,183 58,898 0 0 50,911 50-54 NO.10 7 12 4 5 14 14 18 23 14 5 0 126 TOT PAY 397,637 254,623 524,573 159,302 259,770 823,491 772,071 956,582 1,375,524 948,639 324,643 0 6,796,855 AVG PAY 39,764 36,375 43,714 39,826 51,954 58,821 55,148 53,143 59,805 67,760 64,929 0 53,943 55-59 NO.5 7 10 4 2 24 25 35 21 15 7 2 157 TOT PAY 188,933 291,482 498,648 147,559 75,693 1,120,988 1,263,866 1,956,136 1,405,945 887,433 472,858 154,347 8,463,888 AVG PAY 37,787 41,640 49,865 36,890 37,847 46,708 50,555 55,890 66,950 59,162 67,551 77,174 53,910 60-64 NO.1 5 2 2 3 13 14 31 23 15 6 2 117 TOT PAY 46,993 195,606 73,384 115,514 146,273 641,494 696,545 1,659,978 1,309,909 936,451 374,308 128,160 6,324,615 AVG PAY 46,993 39,121 36,692 57,757 48,758 49,346 49,753 53,548 56,953 62,430 62,385 64,080 54,057 65+ NO.3 1 1 1 1 9 5 11 10 7 4 1 54 TOT PAY 199,240 27,757 28,056 29,583 33,233 487,430 223,315 598,208 612,775 474,676 324,881 89,318 3,128,472 AVG PAY 66,413 27,757 28,056 29,583 33,233 54,159 44,663 54,383 61,278 67,811 81,220 89,318 57,935 TOT NO.87 108 112 75 55 202 132 159 102 55 22 5 1,114 TOT AMT 3,173,902 3,964,798 4,524,463 3,190,379 2,403,874 9,579,282 7,034,106 8,649,437 6,133,986 3,482,792 1,496,690 371,825 54,005,534 AVG AMT 36,482 36,711 40,397 42,538 43,707 47,422 53,289 54,399 60,137 63,323 68,031 74,365 48,479 Years of Service to Valuation Date City of Clearwater Employees’ Pension Plan E-4 ACTIVE PARTICIPANT DISTRIBUTION HAZARDOUS POLICE MEMBERS Age Group 0-1 1-2 2-3 3-4 4-5 5-9 10-14 15-19 20-24 25-29 30-34 35+Totals 15-19 NO.0 0 0 0 0 0 0 0 0 0 0 0 0 TOT PAY 0 0 0 0 0 0 0 0 0 0 0 0 0 AVG PAY 0 0 0 0 0 0 0 0 0 0 0 0 0 20-24 NO.2 0 0 0 0 0 0 0 0 0 0 0 2 TOT PAY 96,131 0 0 0 0 0 0 0 0 0 0 0 96,131 AVG PAY 48,066 0 0 0 0 0 0 0 0 0 0 0 48,066 25-29 NO.4 6 7 4 11 9 0 0 0 0 0 0 41 TOT PAY 180,383 408,337 510,735 294,029 819,902 685,776 0 0 0 0 0 0 2,899,162 AVG PAY 45,096 68,056 72,962 73,507 74,537 76,197 0 0 0 0 0 0 70,711 30-34 NO.2 3 4 7 3 14 2 0 0 0 0 0 35 TOT PAY 121,536 213,008 288,876 517,106 217,092 1,109,075 177,795 0 0 0 0 0 2,644,488 AVG PAY 60,768 71,003 72,219 73,872 72,364 79,220 88,898 0 0 0 0 0 75,557 35-39 NO.1 3 2 3 1 12 10 3 0 0 0 0 35 TOT PAY 61,772 210,425 148,950 231,241 75,152 980,875 989,220 376,060 0 0 0 0 3,073,695 AVG PAY 61,772 70,142 74,475 77,080 75,152 81,740 98,922 125,353 0 0 0 0 87,820 40-44 NO.1 1 1 0 1 8 12 8 3 0 0 0 35 TOT PAY 56,029 68,466 89,092 0 76,073 660,133 1,129,372 871,449 347,661 0 0 0 3,298,275 AVG PAY 56,029 68,466 89,092 0 76,073 82,517 94,114 108,931 115,887 0 0 0 94,236 45-49 NO.0 0 1 1 0 4 8 11 14 1 0 0 40 TOT PAY 0 0 75,288 79,183 0 312,188 778,922 1,173,120 1,632,556 141,042 0 0 4,192,299 AVG PAY 0 0 75,288 79,183 0 78,047 97,365 106,647 116,611 141,042 0 0 104,807 50-54 NO.0 0 2 0 0 3 5 11 10 9 1 0 41 TOT PAY 0 0 145,010 0 0 264,552 495,400 1,168,653 1,143,876 1,167,261 114,807 0 4,499,559 AVG PAY 0 0 72,505 0 0 88,184 99,080 106,241 114,388 129,696 114,807 0 109,745 55-59 NO.0 0 0 0 0 0 1 2 0 2 1 0 6 TOT PAY 0 0 0 0 0 0 95,284 195,651 0 194,183 138,493 0 623,611 AVG PAY 0 0 0 0 0 0 95,284 97,826 0 97,092 138,493 0 103,935 60-64 NO.0 0 0 0 0 0 0 1 0 0 0 0 1 TOT PAY 0 0 0 0 0 0 0 104,196 0 0 0 0 104,196 AVG PAY 0 0 0 0 0 0 0 104,196 0 0 0 0 104,196 65+ NO.0 0 0 0 0 0 0 0 0 0 0 0 0 TOT PAY 0 0 0 0 0 0 0 0 0 0 0 0 0 AVG PAY 0 0 0 0 0 0 0 0 0 0 0 0 0 TOT NO.10 13 17 15 16 50 38 36 27 12 2 0 236 TOT AMT 515,851 900,236 1,257,951 1,121,559 1,188,219 4,012,599 3,665,993 3,889,129 3,124,093 1,502,486 253,300 0 21,431,416 AVG AMT 51,585 69,249 73,997 74,771 74,264 80,252 96,474 108,031 115,707 125,207 126,650 0 90,811 Years of Service to Valuation Date City of Clearwater Employees’ Pension Plan E-5 ACTIVE PARTICIPANT DISTRIBUTION HAZARDOUS FIRE MEMBERS Age Group 0-1 1-2 2-3 3-4 4-5 5-9 10-14 15-19 20-24 25-29 30-34 35+Totals 15-19 NO.0 0 0 0 0 0 0 0 0 0 0 0 0 TOT PAY 0 0 0 0 0 0 0 0 0 0 0 0 0 AVG PAY 0 0 0 0 0 0 0 0 0 0 0 0 0 20-24 NO.4 0 0 0 0 0 0 0 0 0 0 0 4 TOT PAY 217,880 0 0 0 0 0 0 0 0 0 0 0 217,880 AVG PAY 54,470 0 0 0 0 0 0 0 0 0 0 0 54,470 25-29 NO.1 8 5 3 0 3 0 0 0 0 0 0 20 TOT PAY 54,470 532,281 364,659 217,171 0 220,275 0 0 0 0 0 0 1,388,856 AVG PAY 54,470 66,535 72,932 72,390 0 73,425 0 0 0 0 0 0 69,443 30-34 NO.1 1 8 4 5 7 7 0 0 0 0 0 33 TOT PAY 54,470 65,335 591,796 281,429 364,892 543,458 641,287 0 0 0 0 0 2,542,667 AVG PAY 54,470 65,335 73,975 70,357 72,978 77,637 91,612 0 0 0 0 0 77,051 35-39 NO.0 0 4 2 3 10 9 3 0 0 0 0 31 TOT PAY 0 0 277,871 141,684 224,943 752,556 933,273 326,578 0 0 0 0 2,656,905 AVG PAY 0 0 69,468 70,842 74,981 75,256 103,697 108,859 0 0 0 0 85,707 40-44 NO.0 0 0 0 1 3 11 15 0 0 0 0 30 TOT PAY 0 0 0 0 79,874 241,454 1,042,989 1,412,121 0 0 0 0 2,776,438 AVG PAY 0 0 0 0 79,874 80,485 94,817 94,141 0 0 0 0 92,548 45-49 NO.0 0 0 0 0 1 3 13 7 2 0 0 26 TOT PAY 0 0 0 0 0 100,732 279,664 1,402,675 772,383 214,865 0 0 2,770,319 AVG PAY 0 0 0 0 0 100,732 93,221 107,898 110,340 107,433 0 0 106,551 50-54 NO.1 1 0 1 1 0 1 13 9 1 0 0 28 TOT PAY 76,547 76,328 0 93,226 82,920 0 106,971 1,347,873 998,618 106,925 0 0 2,889,408 AVG PAY 76,547 76,328 0 93,226 82,920 0 106,971 103,683 110,958 106,925 0 0 103,193 55-59 NO.0 0 2 0 0 2 1 3 3 4 0 0 15 TOT PAY 0 0 160,827 0 0 250,793 122,044 272,606 354,656 418,972 0 0 1,579,898 AVG PAY 0 0 80,414 0 0 125,397 122,044 90,869 118,219 104,743 0 0 105,327 60-64 NO.0 0 0 0 0 0 2 0 0 1 0 0 3 TOT PAY 0 0 0 0 0 0 263,288 0 0 102,730 0 0 366,018 AVG PAY 0 0 0 0 0 0 131,644 0 0 102,730 0 0 122,006 65+ NO.0 0 0 0 0 0 1 0 0 0 0 0 1 TOT PAY 0 0 0 0 0 0 101,080 0 0 0 0 0 101,080 AVG PAY 0 0 0 0 0 0 101,080 0 0 0 0 0 101,080 TOT NO.7 10 19 10 10 26 35 47 19 8 0 0 191 TOT AMT 403,367 673,944 1,395,153 733,510 752,629 2,109,268 3,490,596 4,761,853 2,125,657 843,492 0 0 17,289,469 AVG AMT 57,624 67,394 73,429 73,351 75,263 81,126 99,731 101,316 111,877 105,437 0 0 90,521 Years of Service to Valuation Date City of Clearwater Employees’ Pension Plan E-6 INACTIVE PARTICIPANT DISTRIBUTION Disabled Retired Total Total Total Total Age Group Number Benefits Number Benefits Number Benefits Number Benefits Under 20 - - - - - - 2 25,808 20-24 - - - - - - 2 51,812 25-29 - - - - - - - - 30-34 1 8,738 - - - - 2 31,193 35-39 7 137,661 3 125,874 - - 3 98,213 40-44 17 360,117 3 115,732 3 127,861 2 54,534 45-49 17 347,949 7 340,061 20 855,970 1 27,023 50-54 17 425,647 11 433,292 56 2,696,123 5 117,620 55-59 5 53,252 12 537,330 138 6,163,230 10 380,179 60-64 10 142,009 22 661,201 173 7,786,633 21 449,617 65-69 - - 24 698,298 276 11,625,513 19 472,064 70-74 - - 23 718,606 237 9,192,967 19 444,146 75-79 - - 11 243,354 91 3,558,111 22 504,874 80-84 - - 9 243,136 45 1,523,957 24 521,791 85-89 - - 4 102,278 22 631,799 14 163,266 90-94 - - - - 3 71,557 8 65,648 95-99 - - - - - - - - 100 & Over - - - - - - 1 2,461 Total 74 1,475,373 129 4,219,162 1,064 44,233,721 155 3,410,249 Average Age 49 65 67 71 Terminated Vested Deceased with Beneficiary SECTION F SUMMARY OF PLAN PROVISIONS City of Clearwater Employees’ Pension Plan F-1 SUMMARY OF PLAN PROVISIONS A. Ordinances The Plan was established under the Code of Ordinances for the City of Clearwater, Florida, Chapter 2, Article V, Division 3 and was most recently amended under Ordinance No. 9380-20 passed and adopted on March 5, 2020. The Plan is also governed by certain provisions of Part VII, Chapter 112, Florida Statutes (F.S.) and the Internal Revenue Code. B. Effective Date Restated Plan Effective Date: January 1, 2013 (previous restated Plan Effective Date was January 1, 1996). C. Plan Year January 1 through December 31. D. Type of Plan Qualified, governmental defined benefit retirement plan; for GASB purposes it is a single employer plan. E. Eligibility Requirements All full-time permanent employees of the City are required to participate and become participants on their date of hire. F. Grandfathered Members Members who are eligible for normal retirement as of January 1, 2013 are grandfathered in the plan provisions in effect before Ordinance No. 8333-12. G. Credited Service Credited Service is measured as the total number of years and fractional parts of years from the date of employment to the date of termination or retirement. No service is credited for any periods of employment for which a participant received a refund of their contributions. City of Clearwater Employees’ Pension Plan F-2 H. Compensation The total compensation for services rendered to the City reportable on the participant’s W-2 form, plus all tax deferred, tax sheltered or tax exempt items of income derived from elective employee payroll deductions or salary reductions, but excluding any lump sum payments of unused vacation and sick leave, pay for off-duty employment, and clothing, car or meal allowances. Effective January 1, 2013: For non-grandfathered hazardous duty members, the amount of overtime included in Compensation is limited to 300 hours per year; For non-grandfathered non- hazardous duty members, Compensation excludes overtime and additional pay above the base rate of pay. I. Average Monthly Compensation (AMC) One-twelfth of the average of Compensation during the highest 5 years out of the last 10 years preceding termination or retirement. J. Normal Retirement Eligibility: For Non-Hazardous Duty A participant hired before January 1, 2013 may retire on the first day of the month coincident with or next following the earliest of: (1) age 55 with 20 years of Credited Service, or (2) 30 years of Credited Service regardless of age, or (3) age 65 with 10 years of Credited Service. A participant hired on or after January 1, 2013 may retire on the first day of the month coincident with or next following the earliest of: (1) age 60 with 25 years of Credited Service, or (2) age 65 with 10 years of Credited Service For Hazardous Duty Police Officers and Firefighters A participant may retire on the first day of the month coincident with or next following the earlier of: (1) age 55 with 10 years of Credited Service, or (2) 20 years of Credited Service regardless of age. City of Clearwater Employees’ Pension Plan F-3 Benefit: 2.75% of AMC multiplied by years of Credited Service. For Non-Hazardous Duty participants hired on or after January 1, 2013, 2.00% of AMC multiplied by years of Credited Service. Normal Form of Benefit: For Non-Hazardous Duty (Non-Grandfathered) A monthly annuity is paid for the life of the participant. For Hazardous Duty Police Officers and Firefighters (and Grandfathered Non- Hazardous Duty) A monthly annuity is paid for the life of the participant. After the participant’s death, 100% of the Normal Retirement Benefit shall be paid as a survivor annuity to the spouse for 5 years. After 5 years, such survivor annuity is reduced to 50% of the original amount. The survivor annuity ceases upon death or remarriage of the spouse. 120 monthly payments are guaranteed for police officers and firefighters. Optional forms of benefits are available. COLA: For Non-Hazardous Duty and Hazardous Duty Police Officers 1.5% annually commencing on each April 1 for all retirees and beneficiaries who have received at least 6 monthly benefit payments. For non-grandfathered members (not eligible for normal retirement on January 1, 2013), there is a five- year delay (after the retirement date) until this COLA is applied to benefits accrued after January 1, 2013. For Police Officers, the COLA with a 5-year delay (applicable to post-January 1, 2013 benefit accruals) only applies to Police Officers employed by the City on or after January 1, 2020. For Hazardous Duty Firefighters 1.5% annually commencing on each April 1 for all retirees and beneficiaries who have received at least 6 monthly benefit payments. For non-grandfathered members (not eligible for normal retirement on January 1, 2013), there is no COLA for benefits accrued after January 1, 2013. K. Early Retirement Eligibility: Police Officers and Firefighters may elect to retire earlier than the Normal Retirement Eligibility upon the attainment of age 50 with 10 years of Credited Service. Benefit: The Normal Retirement Benefit is reduced by 3.0% for each year by which the Early Retirement date precedes age 55. City of Clearwater Employees’ Pension Plan F-4 Normal Form of Benefit: A monthly annuity is paid for the life of the participant. After the participant’s death, 100% of the Normal Retirement Benefit shall be paid as a survivor annuity to the spouse for 5 years. After 5 years, such survivor annuity is reduced to 50% of the original amount. The survivor annuity ceases upon death or remarriage of the spouse. 120 monthly payments are guaranteed for police officers and firefighters. Optional forms of benefits are available. COLA: For Hazardous Duty Police Officers 1.5% annually commencing on each April 1 for all retirees and beneficiaries who have received at least 6 monthly benefit payments. For non-grandfathered members (not eligible for normal retirement on January 1, 2013), there is a five- year delay (after the retirement date) until this COLA is applied to benefits accrued after January 1, 2013. For Police Officers, the COLA with a 5-year delay (applicable to post-January 1, 2013 benefit accruals) only applies to Police Officers employed by the City on or after January 1, 2020. For Hazardous Duty Firefighters 1.5% annually commencing on each April 1 for all retirees and beneficiaries who have received at least 6 monthly benefit payments. For non-grandfathered members (not eligible for normal retirement on January 1, 2013), there is no COLA for benefits accrued after January 1, 2013. L. Delayed Retirement Same as Normal Retirement taking into account Compensation earned and service credited until the date of actual retirement. M. Service Connected Disability Eligibility: Any participant who becomes totally and permanently disabled due to an illness or injury contracted in the line of duty and is deemed to be unable to perform useful and efficient service to the City is immediately eligible for a disability benefit. Benefit: For Non-Hazardous Duty Participant’s accrued Normal Retirement Benefit taking into account Compensation earned and service credited until the date of disability. Benefit is guaranteed to be no less than 42% of the participant’s AMC (66 2/3% of the participant’s AMC if grandfathered). Disability benefits, when combined with Worker’s Compensation benefits, cannot exceed and will be limited to 100% of the participant’s AMC on the date of disability. City of Clearwater Employees’ Pension Plan F-5 For Hazardous Duty Police Officers and Firefighters Participant’s accrued Normal Retirement Benefit taking into account Compensation earned and service credited until the date of disability. Benefit is guaranteed to be no less than 66 2/3% of the participant’s AMC. Disability benefits, when combined with Worker’s Compensation benefits, cannot exceed and will be limited to 100% of the participant’s AMC on the date of disability. Normal Form of Benefit: For Non-Hazardous Duty (Non-Grandfathered) A monthly annuity is paid for the life of the participant. For Hazardous Duty Police Officers and Firefighters (and Grandfathered Non- Hazardous Duty) A monthly annuity is paid for the life of the participant. After the participant’s death, 100% of the Normal Retirement Benefit shall be paid as a survivor annuity to the spouse for 5 years. After 5 years, such survivor annuity is reduced to 50% of the original amount. The survivor annuity ceases upon death or remarriage of the spouse. 120 monthly payments are guaranteed for police officers and firefighters. Optional forms of benefits are available. COLA: For Non-Hazardous Duty and Hazardous Duty Police Officers 1.5% annually commencing on each April 1 for all retirees and beneficiaries who have received at least 6 monthly benefit payments. For non-grandfathered members (not eligible for normal retirement on January 1, 2013), there is a five- year delay (after the retirement date) until this COLA is applied to benefits accrued after January 1, 2013. For Police Officers, the COLA with a 5-year delay (applicable to post-January 1, 2013 benefit accruals) only applies to Police Officers employed by the City on or after January 1, 2020. For Hazardous Duty Firefighters 1.5% annually commencing on each April 1 for all retirees and beneficiaries who have received at least 6 monthly benefit payments. For non-grandfathered members (not eligible for normal retirement on January 1, 2013), there is no COLA for benefits accrued after January 1, 2013. N. Non-Service Connected Disability Eligibility: Any participant who has 10 or more years of Credited Service and becomes totally and permanently disabled and is deemed to be unable to perform useful and efficient service to the City is immediately eligible for a disability benefit. City of Clearwater Employees’ Pension Plan F-6 Benefit: Participant’s accrued Normal Retirement Benefit taking into account Compensation earned and service credited until the date of disability. Disability benefits, when combined with Worker’s Compensation benefits, cannot exceed and will be limited to 100% of the participant’s AMC on the date of disability. Normal Form of Benefit: For Non-Hazardous Duty (Non-Grandfathered) A monthly annuity is paid for the life of the participant. For Hazardous Duty Police Officers and Firefighters (and Grandfathered Non- Hazardous Duty) A monthly annuity is paid for the life of the participant. After the participant’s death, 100% of the Normal Retirement Benefit shall be paid as a survivor annuity to the spouse for 5 years. After 5 years, such survivor annuity is reduced to 50% of the original amount. The survivor annuity ceases upon death or remarriage of the spouse. 120 monthly payments are guaranteed for police officers and firefighters. Optional forms of benefits are available. COLA: For Non-Hazardous Duty and Hazardous Duty Police Officers 1.5% annually commencing on each April 1 for all retirees and beneficiaries who have received at least 6 monthly benefit payments. For non-grandfathered members (not eligible for normal retirement on January 1, 2013), there is a five- year delay (after the retirement date) until this COLA is applied to benefits accrued after January 1, 2013. For Police Officers, the COLA with a 5-year delay (applicable to post-January 1, 2013 benefit accruals) only applies to Police Officers employed by the City on or after January 1, 2020. For Hazardous Duty Firefighters 1.5% annually commencing on each April 1 for all retirees and beneficiaries who have received at least 6 monthly benefit payments. For non-grandfathered members (not eligible for normal retirement on January 1, 2013), there is no COLA for benefits accrued after January 1, 2013. O. Death in the Line of Duty Eligibility: Any participant whose employment is terminated by reason of death in the line of duty is eligible for survivor benefits. Benefit: Beneficiary will be paid the participant’s accrued benefit based upon Credited Service and AMC as of the date of death. Benefit is guaranteed to be no less than 66 2/3% of the participant’s AMC. City of Clearwater Employees’ Pension Plan F-7 Normal Form of Benefit: 100% of the participant’s accrued benefit shall be paid as a survivor annuity to the spouse for 5 years. After 5 years, such survivor annuity is reduced to 50% of the original amount. The survivor annuity ceases upon death or remarriage of the spouse. 120 monthly payments are guaranteed for police officers and firefighters. COLA: For Non-Hazardous Duty and Hazardous Duty Police Officers 1.5% annually commencing on each April 1 for all retirees and beneficiaries who have received at least 6 monthly benefit payments. For non-grandfathered members (not eligible for normal retirement on January 1, 2013), there is a five- year delay (after the retirement date) until this COLA is applied to benefits accrued after January 1, 2013. For Police Officers, the COLA with a 5-year delay (applicable to post-January 1, 2013 benefit accruals) only applies to Police Officers employed by the City on or after January 1, 2020. For Hazardous Duty Firefighters 1.5% annually commencing on each April 1 for all retirees and beneficiaries who have received at least 6 monthly benefit payments. For non-grandfathered members (not eligible for normal retirement on January 1, 2013), there is no COLA for benefits accrued after January 1, 2013. In lieu of the benefits described above, the participant’s beneficiary can elect to receive a refund of participant’s accumulated contributions with interest. P. Other Pre-Retirement Death Eligibility: Any participant who dies with 10 or more years of Credited Service is eligible for survivor benefits. Benefit: Beneficiary will be paid the participant’s accrued benefit based upon Credited Service and AMC as of the date of death. Normal Form of Benefit: 100% of the participant’s accrued benefit shall be paid as a survivor annuity to the spouse for 5 years. After 5 years, such survivor annuity is reduced to 50% of the original amount. The survivor annuity ceases upon death or remarriage of the spouse. 120 monthly payments are guaranteed for police officers and firefighters. City of Clearwater Employees’ Pension Plan F-8 COLA: For Non-Hazardous Duty and Hazardous Duty Police Officers 1.5% annually commencing on each April 1 for all retirees and beneficiaries who have received at least 6 monthly benefit payments. For non-grandfathered members (not eligible for normal retirement on January 1, 2013), there is a five- year delay (after the retirement date) until this COLA is applied to benefits accrued after January 1, 2013. For Police Officers, the COLA with a 5-year delay (applicable to post-January 1, 2013 benefit accruals) only applies to Police Officers employed by the City on or after January 1, 2020. For Hazardous Duty Firefighters 1.5% annually commencing on each April 1 for all retirees and beneficiaries who have received at least 6 monthly benefit payments. For non-grandfathered members (not eligible for normal retirement on January 1, 2013), there is no COLA for benefits accrued after January 1, 2013. In lieu of the benefits described above, a participant’s beneficiary can elect to receive a refund of the participant’s accumulated contributions with interest. Accumulated contributions, plus interest, will be refunded for all participants with less than 10 years of Credited Service. Q. Post Retirement Death Benefit determined by the form of benefit elected upon retirement. R. Optional Forms In lieu of electing the Normal Form of benefit, the optional forms of benefits available to all retirees are a Single Life Annuity, a 10 Year Certain and Life Annuity, or the 50%, 66 2/3% (for police officers and firefighters), 75% or 100% Joint and Survivor options. Members may also elect a partial lump sum equal to 10%, 20%, or 30% of the value of the normal retirement benefit with the remaining monthly retirement benefit reduced accordingly. S. Vested Termination Eligibility: A participant has earned a non-forfeitable right to Plan benefits after the completion of 10 years of Credited Service provided employee contributions are not refunded. Vesting is determined in accordance with the following table. Years of Credited Service % of Normal Retirement Benefits Less Than 10 10 or more 0% 100% City of Clearwater Employees’ Pension Plan F-9 Benefit: The participant’s accrued Normal Retirement Benefit as of the date of termination. Benefit begins on the member’s Normal Retirement date. Alternatively, police officers and firefighters may elect to receive an actuarially reduced Early Retirement Benefit any time after age 50. Normal Form of Benefit: For Non-Hazardous Duty (Non-Grandfathered) A monthly annuity is paid for the life of the participant. For Hazardous Duty Police Officers and Firefighters (and Grandfathered Non- Hazardous Duty) A monthly annuity is paid for the life of the participant. After the participant’s death, 100% of the Normal Retirement Benefit shall be paid as a survivor annuity to the spouse for 5 years. After 5 years, such survivor annuity is reduced to 50% of the original amount. The survivor annuity ceases upon death or remarriage of the spouse. 120 monthly payments are guaranteed for police officers and firefighters. Optional forms of benefits are available. COLA: For Non-Hazardous Duty and Hazardous Duty Police Officers 1.5% annually commencing on each April 1 for all retirees and beneficiaries who have received at least 6 monthly benefit payments. For non-grandfathered members (not eligible for normal retirement on January 1, 2013), there is a five- year delay (after the retirement date) until this COLA is applied to benefits accrued after January 1, 2013. For Police Officers, the COLA with a 5-year delay (applicable to post-January 1, 2013 benefit accruals) only applies to Police Officers employed by the City on or after January 1, 2020. For Hazardous Duty Firefighters 1.5% annually commencing on each April 1 for all retirees and beneficiaries who have received at least 6 monthly benefit payments. For non-grandfathered members (not eligible for normal retirement on January 1, 2013), there is no COLA for benefits accrued after January 1, 2013. Plan participants with less than 10 years of Credited Service will receive a refund of their own accumulated contributions with interest. T. Refunds Eligibility: All participants terminating employment with less than 10 years of Credited Service are eligible. Optionally, vested members (those with 10 or more years of credited service) may elect a refund in lieu of the vested benefits otherwise due. City of Clearwater Employees’ Pension Plan F-10 Benefit: Refund of the member’s contributions with 5% simple interest paid in a single lump sum. U. Member Contributions 8% of Compensation for Non-Hazardous Duty participants. 10% of Compensation for Hazardous Duty participants (8% of Compensation if grandfathered). V. Employer Contributions Each plan year, the Employer must contribute a minimum of 7% of the Compensation of all employees participating in the plan, plus any additional amount determined by the actuary needed to fund the plan properly according to State laws. W. Cost of Living Increases For Non-Hazardous Duty and Hazardous Duty Police Officers 1.5% annually commencing on each April 1 for all retirees and beneficiaries who have received at least 6 monthly benefit payments. For non-grandfathered members (not eligible for normal retirement on January 1, 2013), there is a five-year delay (after the retirement date) until this COLA is applied to benefits accrued after January 1, 2013. For Police Officers, the COLA with a 5- year delay (applicable to post-January 1, 2013 benefit accruals) only applies to Police Officers employed by the City on or after January 1, 2020. For Hazardous Duty Firefighters 1.5% annually commencing on each April 1 for all retirees and beneficiaries who have received at least 6 monthly benefit payments. For non-grandfathered members (not eligible for normal retirement on January 1, 2013), there is no COLA for benefits accrued after January 1, 2013. X. 13th Check Not Applicable Y. Deferred Retirement Option Plan Not Applicable Z. Other Ancillary Benefits There are no ancillary retirement type benefits not required by statutes but which might be deemed a City of Clearwater Employees’ Pension Plan liability if continued beyond the availability of funding by the current funding source. City of Clearwater Employees’ Pension Plan F-11 AA. Changes from Previous Valuation None. APPENDIX E ARTICLES OF INCORPORATION City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 E‐1 APPENDIX F SAMPLE LIST OF FIRM–WIDE PUBLIC PENSION CLIENTS City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 F‐1 Alaska Alaska Retirement Management Board (auditing actuary) Alabama Northeast Alabama Regional Medical Center Arkansas Arkansas Judicial Retirement System Arkansas Local Police and Fire Retirement System Arkansas Public Employees Retirement System Arkansas State Police Retirement System Arkansas Teacher Retirement System City of Conway Texarkana Public Employees Retirement System Arizona Arizona State Retirement System Arizona Board of Regents Gila River Indian Community City of Phoenix Employees Retirement System Tucson Arizona Supplemental Retirement System Colorado Adams County Retirement Board Arapahoe County Center Fire Protection District Chaffee County Fire Protection District City of Englewood Colorado Fire and Police Pension Association (FPPA) Craig Rural Fire Protection District Delta County Fire Protection District #3 Denver Board of Water Commissioners Denver Employees Retirement Plan El Paso County Retirement System Fairmount Fire Protection District Fort Lupton Fire Protection District Jefferson County School District No..R1 Retirement System Longmont Rapid Transit District of Denver RTD/ATU Local 1001 Florida Alachua County School District Atlantic Beach Florida General Employees' Retirement System Atlantic Beach Police Officers' Retirement System Bal Harbour Village General Employees' Pension Plan Bay Medical Center Boynton Beach Municipal Firefighters Retirement Fund Boynton Beach Municipal Police Officers' Retirement Fund Boynton Beach Pension Plan for General Employees Bradenton Police Officers' Retirement Plan City of Arcadia City of Fernandina Beach City of Fort Walton City of Lake Worth City of Miami City of Miami Parking Authority City of Oldsmar City of Tallahassee Clearwater Employees’ Pension Plan Cooper City General Employees Retirement Plan Cooper City Officers Retirement Plan Cooper City Police Retirement Plan Coral Gables Retirement System Coral Springs General Employees' Retirement System Dania Beach General Employees' Retirement Plan Dania Beach Police & Firefighters' Retirement System Deerfield Beach Non‐Uniformed Employees' Retirement Plan DeLand General Employees' Retirement Plan DeLand Municipal Police Officers' Retirement Plan Delray Beach General Employees' Retirement Plan Eustis Police Officers' Retirement System Florida City Elected Officials Retirement Plan Fort Lauderdale General Employees Retirement System Fort Pierce Police Officers Retirement Fund Fort Pierce Retirement and Benefit System Hialeah Elected Officers Retirement System Hialeah Gardens Police Pension Trust Fund Hollywood Employees Retirement System Homestead Elected Official Retirement System (Old Plan) Homestead Firefighters' Retirement System Homestead General Employees' Retirement System Homestead New Elected Officials and Sr. Management Ret. System Homestead Police Officers' Pension Plan Jacksonville Police & Fire Pension Fund Jacksonville Beach Firefighters' Retirement System Jacksonville Beach General Employees' Retirement System Jacksonville Beach Police Officers' Retirement System Jupiter Island Retirement Plan Key Biscayne Police & Firefighters Retirement Plan Key West Employees' Retirement Plan Key West Housing Authority Employees' Retirement System City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 F‐2 Key West Utility Board General Employees Retirement System Kissimmee General Employees' Retirement Plan Lake Mary Firefighters Pension Plan Lake Worth Firefighters Retirement System Lake Worth General Employees' Retirement System Lake Worth Police Officers' Pension Systems Lakeland Employees Retirement System Lantana Firefighters' Pension Fund Lantana Police Relief & Pension Fund Largo Municipal Police Officers' & Firefighters' Retirement Plan Lauderdale by Sea Volunteer Firefighters' Retirement Plan Lauderhill General Employees Retirement System Longboat Key Marco Island Firefighters' Pension Plan Martin County Sheriff Miami Beach Fire & Police Retirement Plan Miami Beach Employees' Retirement Plan Miami Parking Authority Miami Shores Village General Employees' Pension Plan Miami Shores Village Police Officers' Retirement System Miami Springs Employees' Retirement System Miami Springs Police & Firefighters' Retirement System Miramar General Employees Retirement System Miramar Management Retirement Plan Mount Dora Firefighters' Pension and Retirement System Mount Dora General Employees' Pension Plan Mount Dora Police Officers' Pension & Retirement System New Port Richey Police Officers' Retirement System North Miami Clair T. Singerman Employees' Retirement System North Miami Police Pension Plan North Palm Beach General Employees' Retirement Fund Office of Program Policy Analysis and Government Accountability Okeechobee General Employees' Retirement Plan Okeechobee Municipal Firefighters' Pension Fund Okeechobee Municipal Police Officers' Retirement System Okeechobee Utility Authority Retirement System Orange Park General Employees' Pension Plan Orlando General Employees' Pension Fund Orlando Utilities Commission Pension Plan Palm Beach County Fire Employee Benefits Fund Palm Beach County Firefighters' Retirement Insurance Fund Palm Beach Gardens Police Officers' Pension Fund Palm Springs Village Hazardous Employees Pension Plan Pembroke Pines Fire & Police Pension Fund Pinellas Park Police Officers' Pension Fund Plantation General Employees Retirement System Plantation Volunteers' Firefighters Retirement System Riviera Beach General Employees' Retirement System Riviera Beach Municipal Firefighters' Retirement System Riviera Beach Police Pension Fund Sarasota Firefighters' Health Insurance Trust Fund Sarasota Firefighters' Pension Fund Sarasota General Employees Pension Fund Sarasota Police Officers Pension Fund Sebring Police Officers' Retirement Fund South Miami Pension Plan St. Lucie County Fire Control District Pension Fund St. Petersburg College Starke Firefighters' Retirement System Starke General Employees' Retirement System Starke Police Officers' Retirement System Sunrise General Employees' Retirement Plan Sunrise Police Officers' Retirement Plan Sweetwater Elected Officers Sweetwater Police Officers Retirement Plan Tallahassee Employees' Retirement System Tamarac Police Pension Plan Trust Fund Tavares Firefighters' Pension Board of Trustees Tavares Police Officers' Pension Plan Tequesta General Employees' Pension Trust Fund Tequesta Public Safety Officers Pension Trust Fund Town of Palm Beach Firefighters Retirement System Town of Palm Beach General Employees Retirement System Town of Palm Beach Police Officers Retirement System Town of Surfside Employees' Retirement Plan West Palm Beach Firefighters Benefit Fund West Palm Beach Police Pension Fund West Palm Beach Restated Employees DB Retirement System Wilton Manors Pension Plan for General Employees & Police Wilton Manors Volunteer Firefighters' Retirement System Winter Park Firefighters' Retirement System Winter Park Police Officers' Retirement System Winter Springs Police and General Retirement System Hawaii City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 F‐3 State of Hawaii Employees' Retirement System Illinois General Assembly Retirement System of Illinois Illinois Department of Insurance Illinois Municipal Retirement Fund Judges’ Retirement System of Illinois Laborers’ and Retirement Board Employees’ Annuity and Benefit Fund of Chicago Chicago Policemen’s Annuity & Benefit Fund Chicago Regional Transportation Authority Public School Teachers’ Pension and Retirement Fund of Chicago Regional Transportation Authority Pension Plan State Employees Retirement System of Illinois Kentucky Kentucky Retirement Systems Louisiana Louisiana Legislative Auditor Maryland Maryland State Retirement and Pension System Montgomery County Employees’ Retirement System Montgomery County Public Schools Prince George’s County Michigan Alpena Employees' Retirement System Allen Park Retirement System Ann Arbor Employees Retirement System Battle Creek Police and Fire Retirement System‐Act 345 Bay County Employees Retirement System Benton Township Policemen and Firemen Retirement System Berkley Public Safety Retirement System‐Act 345 Berrien County Employees Retirement Plan Bessemer Police & Fire Retirement System Birmingham Employees Retirement System Center Line Police and Fire Pension System Central County Transportation Authority Charter Township of Meridian Charter Township of West Bloomfield Employees Retirement Plan City of Big Rapids Police & Fire Retirement System Cobo Hall Authority Dearborn Chapter 21 Retirement System Dearborn Chapter 22 Retirement System Dearborn Chapter 23 Retirement System Dearborn Heights Police & Fire Retirement System Detroit General Retirement System Detroit Police and Fire Retirement System Ferndale Employee Retirement System Ferndale Police and Fire Retirement System Gibraltar Public Safety Officers Retirement System ‐ Act 345 Gogebic County Employees Retirement System Grand Rapids General Retirement System Grand Rapids Police and Fire Retirement System Harrison Township Firemen's Pension Fund Harrison Township General Employees Retirement System Iron Mountain Policemen and Firemen Retirement System Ishpeming Policemen and Firemen Retirement System‐Act 345 Jackson Act 345 Retirement System Jackson County Employees Retirement System Jackson Employees Retirement System Jackson Policemen's and Firemen's Pension Fund Kalamazoo County Employees' Retirement System Kalamazoo Employees Retirement System Kent County Employees Retirement Plan and Trust Kent Library District Employees' Retirement Plan Kingsford Policemen and Firemen Retirement System Lincoln Park Police Officers and Firefighters Retirement System Madison Heights Policemen and Firemen Retirement System Marquette Policemen and Firemen Retirement System Melvindale Policemen and Firemen Retirement System Menominee Policemen and Firemen Retirement System Michigan Public School Employees Retirement System Michigan State Employee Retirement System Michigan Judges’ Retirement System Michigan State Legislative Retirement System Michigan State Police Retirement System Michigan National Guard Retirement System Midland ‐ Police and Fire Retirement System Midland County Employees Retirement System Midland County Retirement System Act 345 Monroe Employees Retirement System Mount Clemens Employees Retirement System Mt. Pleasant Fire and Police Pension System Municipal Employee Retirement System of Michigan Niles Township Police and Fire Department Retirement Plan Oakland County Employees Retirement System Pontiac General Retirement System Riverview Retirement System City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 F‐4 Road Commission for Oakland County Retirement System Royal Oak Retirement System Sanilac County Employees Retirement System Sault Ste. Marie Firemen and Policemen Retirement System Southfield Employees Retirement System Southfield Fire and Police Retirement System Southeast Macomb Sanitary District Southgate Policemen and Firemen Retirement System St. Clair Shores Employees Retirement System St. Clair Shores Police and Fire Retirement System St. Joseph Employees Retirement Fund Sterling Heights Employees Retirement System Sterling Heights Police and Fire Retirement System Sturgis Employees Retirement System Traverse City ‐ Act 345 Police and Fire Retirement System Trenton ‐ Fire and Police Retirement System Troy Employees Retirement System Troy Incentive Plan for Volunteer Firefighters Wayne County Employees' Retirement System Wayne County Employees' Retirement System‐Circuit Court Commissioners Bailiffs Division ‐ Wyandotte Employees Retirement System Wyoming Employees Retirement System Minnesota Appleton Firefighters’ Relief Minnesota State Retirement System Public Employees Retirement Association of Minnesota St. Paul Teachers' Retirement Fund Association White Bear Lake Fire Department Relief Association Pension Plan Missouri Columbia Police and Firemen's Retirement Fund Joplin Policemen and Firemen Retirement Fund Missouri DOT and Highway Patrol Employees’ Retirement System Missouri Local Government Employees Retirement System Firemen’s Retirement System of St. Louis Montana Belgrade Fire Department Relief Association Pension Fund North Dakota North Dakota Public Employee Retirement System New Hampshire Manchester Employees' Contributory Retirement System New Hampshire Local Government Center Defined Benefit Pension Plan New Hampshire Retirement System New Mexico New Mexico Educational Retirement Board Ohio Ohio Public Employees Retirement System Oklahoma Metropolitan Tulsa Transit Authority Oklahoma City Employee Retirement System Oklahoma Teachers' Retirement System Tulsa Municipal Employees' Retirement Plan Board of Trustees Rhode Island Employees' Retirement System of Rhode Island Warwick South Carolina South Carolina Retirement Systems South Dakota Sioux Falls Employee's Retirement System Sioux Falls Firefighters' Pension Fund Texas Beaumont Firemen's Relief and Retirement Fund City of Arlington City of Austin Employees Retirement System City of Austin Police Retirement System City of Fort Worth Employees' Retirement Fund City of Irving City of Plano Dallas / Fort Worth International Airport Board Dallas County Utility and Reclamation District Dallas Employee Retirement System Houston Municipal Employees' Pension System Houston Police Officers' Pension System Killeen Firefighter’s Retirement Fund Teachers Retirement System of Texas Texas Employee Retirement System Texas Municipal Retirement System Utah Utah Retirement Systems Virginia Fairfax Retirement Plans Virginia Joint Audit & Review Commission City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 F‐5 Washington Port of Seattle Wisconsin Milwaukee Public Schools Supplemental Pension Plans Wisconsin Retirement System West Virginia Employees' Retirement and Benefit Fund of the City of Morgantown Wyoming Cheyenne Regional Medical Center Wyoming Retirement System APPENDIX G SAMPLE LIST OF FIRM–WIDE OPEB CLIENTS City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 G‐1 AK Alaska Retirement Management Board (annual auditing actuary) AL Mobile Water and Sewer System AZ Arizona Department of Administration City of Phoenix CA California State Controller’s Office City of Temecula Novato Fire Protection District Los Angeles Water and Power Padre Dam Rincon Del Diablo Metro Water District CO Adams County Board of Commissioners City of Englewood City of Federal Heights Colorado Mountain College FL Alachua County School District Atlantic Beach Police Department Bal Harbour Village Barefoot Bay Recreation District Biscayne Park Boynton Beach Fire & Rescue Bradenton City Brevard County Clerk Brevard County School District Broward College Broward County Broward County Professional Paramedics and Fire Fighters Benefit Fund Broward County Public Schools Broward County Sheriff's Office Broward Metropolitan Planning Organization Calhoun County School District Charlotte County Charlotte County & Sheriff's Office Charlotte County School District Children's Trust Citrus County Schools City of Arcadia City of Atlantic Beach City of Boynton Beach City of Clearwater City of Cocoa City of Coral Gables City of Dade City City of Delray Beach Fire Rescue Department City of Edgewater City of Fort Pierce City of Fort Walton Beach City of Greenacres City of Hialeah City of Jacksonville Beach City of Kissimmee City of Lake Worth City of Maitland City of Margate City of Miami City of Miami Springs City of Miramar City of New Port Richey City of New Smyrna Beach Utilities Commission City of North Miami City of Ocala City of Okeechobee City of Orange Park City of Orlando City of Palm Beach Gardens City of Plant City City of Plantation City of Port Orange City of Sarasota City of Seminole City of South Miami City of St. Augustine City of Starke City of Sunrise City of Tallahassee City of Vero Beach City of West Park City of Winter Garden Coral Springs Metropolitan District DeSoto County School District City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 G‐2 Dixie District School Board Emerald Coast Utility Authority Escambia County Flagler County Board of County Commissioners Florida Keys Aqueduct Authority Florida Virtual School Fort Pierce Utilities Authority Franklin County Schools Gadsen County School District Gulf County School District Hamilton Co Hardee County School District Hendry County School District Hernando County Highlands County School District Indian River County Indian River County Schools Jackson County School District JEA Jefferson County School District Jupiter Island Key West Utility Board Lake County Board of County Commissioners Lake County School District Lee County Schools Lee County Sheriff's Office Leon County Schools Levy County Schools Liberty County School District Loxacatchee Groves Water Control District Madison County School District Manatee County School District Marion County Marion County Public Schools Martin County Martin County School District Martin County Sheriff Miami Fraternal Order of Police Miami Gardens Miami Shores Village Nassau County Nassau County School District Okaloosa County Okaloosa County Sheriff’s Office Okeechobee County School District Okeechobee Soil and Water Conservation District Orange County Library System Orange County School District Orlando Utilities Commission Osceola County School District Palm Beach County Palm Beach County Firefighters' Employee Insurance Fund Panhandle Area Educational Consortium Pasco County Pasco County School District Pembroke Park Town Pinellas County Pinellas County Sheriff's Office Polk County Polk County Schools Pompano Beach Firefighters Local 1549 VEBA Pompano Beach Firefighters Local 1549 VEBA Trust Fund Riviera Beach Firefighters Sarasota County Fire Department Sarasota County Sheriff’s Office School District of Columbia Schools Seacoast Utility Authority Seminole County South Central Regional Wastewater Treatment & Disposal Board South Florida Water Management District St. Johns County St. Johns County School District St. Lucie County St. Lucie County Fire Control District St. Lucie County Schools St. Lucie Sheriff Sumter County District Schools Suwannee County School Board Suwanee River Water Management District Taylor County School District TOHO Water Authority Town of Highland Beach Town of Surfside Union County School District City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 G‐3 Venice Firefighters VEBA Trust Fund Village of El Portal Village of North Palm Beach Village of Tequesta Visit Florida Volusia Circuit County Clerk Wakulla County District Schools Walton County Schools Washington County School District West Palm Beach Fire Rescue West Palm Beach Firefighters Benefit Fund West Palm Beach Police Officers' Retiree Health Trust Winter Park GA Athens Housing Authority City of Atlanta City Alpharetta City of Macon HI Hawaii Employer‐Union Health Benefits Trust Fund University of Hawaii IL Adlai Stevenson High School District 125 Aptakisic‐Tripp Community Consolidated School District Chicago Teachers Pension Fund Community Colleges Insurance Program Glencoe School District 35 Illinois State Employees' Insurance Program Illinois Teachers' Retirement Insurance Program Macomb Community Unit School District 185 METRA Special Education District of Lake County (SEDOL) Zion Benton High School IN Ball State University KY Kentucky Retirement Systems University of Louisville MI 36th District Court Alger County City of Ann Arbor Employees Retirement System Barry County Retiree Health Care Plan Bay County Benton Charter Township Central County Transportation Authority Chesterfield Township City of Alpena City of Battle Creek City of Berkley City of Birmingham City of Brighton City of Center Line City of Dearborn City of Detroit General RHC Trust City of Detroit Police and Fire RHC Trust City of Ecorse City of Essexville City of Farmington City of Farmington Hills City of Fenton City of Ferndale City of Fraser City of Grand Rapids City of Grosse Pointe Park City of Hamtramck City of Harbor Springs City of Hazel Park City of Iron Mountain City of Jackson City of Madison Heights City of Melvindale City of Midland City of Monroe City of Mt. Clemens City of Novi City of Riverview City of Romulus City of Royal Oak City of Southfield VEBA City of Southgate City of St. Clair Shores City of St. Joseph City of Sterling Heights City of Sturgis City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 G‐4 City of Traverse City City of Trenton City of Troy City of Wayne City of Wixom City of Wyandotte City of Wyoming Clinton County Clare County Detroit Public Library Detroit Public Schools Eaton County Flint Mass Transportation Authority Gogebic County Grosse Isle Township Hurley Medical Center Huron Clinton Metro Authority Huron County Ingham County Ingham County Medical Care Facility Iron County Medical Care Facility Jackson County Jackson Housing Commission Kalamazoo County Kalamazoo Employees Retirement System Kent County Luce County Road Commission Macomb County Macomb County Department of Roads Manistee County Marquette County Road Commission Mason County Michigan AFSCME Council 25 Michigan Legislative Retirement System Michigan Municipal Risk Management Authority Michigan ORS (Various Systems Covered) Midland County Monroe County Monroe County Library System Monroe County Road Commission Mundy Township Police Authority Oakland County Port Huron Housing Commission Portage Police Officers Association Redford Township Road Commission for Oakland County Saginaw County Community Mental Health Authority Saginaw Housing Commission Saginaw Transit Authority Regional Services Scio Township St. Clair County Community Mental Health Authority Suburban Mobility Authority for Regional Transportation (SMART) Southeast Macomb Sanitary District Traverse City Fire and Police Retirement System Washtenaw County Road Commission Wayne County Airport Authority West Bloomfield Charter Township WTUA Ypsilanti Comm Utilities Authority MD Montgomery County Public Schools MN City of White Bear Lake MO Jefferson City Kansas City NH Manchester Employees' Contributory Retirement System New Hampshire Retirement System OH Ohio Public Employees Retirement System OK Fraternal Order of Police Tulsa Lodge 93 Health & Welfare Trust Tulsa Firefighters RI Central Falls School District Rhode Island Board of Governors Rhode Island Housing Authority State of Rhode Island SC Aiken County Bamberg County Beaufort Jasper Water & Sewer Authority City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 G‐5 City of Manning Charleston County Charleston County Parks & Recreation Commission Chesterfield County Clarendon County Colleton County Darlington County Dillon County Fairfield County Florence County Gaffney Board of Public Works Hampton County Hilton Head Island Horry County Horry County Solid Waste Authority, Inc. Jasper County Lancaster County Laurens County Marion County Marion County Library Marlboro County Oconee County Orangeburg County Disabilities and Special Needs Board Pickens County Renewable Water Resources Saluda County Santee Cooper South Carolina Research Authority South Carolina State Port Authority Spartanburg County Spartanburg County Public Libraries State of South Carolina Sumter County Tri County Commission on Alcohol and Drug Abuse SD City of Sioux Falls TX Austin Community College District City of Alvin City of Addison City of Arlington City of Bay City City of Baytown City of Bedford City of Bellaire City of Benbrook City of Big Spring City of Boerne City of Brownsville City of Bryan City of Burnet City of Carrollton City of Cedar Hill City of Cedar Park City of Cleburne City of Conroe City of Converse City of Coppell City of Copperas Cove City of Deer Park City of Denton City of Duncanville City of Farmers Branch City of Flower Mound City of Fort Stockton City of Freeport City of Friendswood City of Galveston City of Georgetown City of Granbury City of Grapevine City of Greenville City of Haltom City City of Harlingen City of Harlingen Waterworks System City of Hempstead City of Highland Park City of Humble City of Hurst City of Irving City of Jacksonville City of Keller City of Kilgore City of La Marque City of La Porte City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 G‐6 City of Lampasas City of Lancaster City of League City City of Lubbock City of Marble Falls City of McKinney City of Midlothian City of Missouri City City of Monahans City of Nacogdoches City of Nederland City of North Richland Hills City of Palestine City of Paris City of Pasadena City of Pflugerville City of Plainview City of Port Arthur City of Richardson City of Roanoke City of Rockport City of Rowlett City of San Marcos City of Schertz City of Selma City of Sherman City of Silsbee City of Southlake City of Sugarland City of Temple City of Tomball City of Tyler City of University Park City of Victoria City of Waco City of Watauga City of Weatherford City of Webster City of West University Place City of Wichita Falls Austin County Community College Bastrop County Brazos County Cherokee County Comal County Dallas / Fort Worth International Airport Board Crosby Municipal Utility District Ector County El Paso County El Paso County Water Utilities Ellis County Galveston County Gonzales County Grayson County Guadalupe County Harris County Appraisal District Harrison County Hunt County Jasper County Johnson County Kaufman County Kerr County Lamar County Limestone County Lubbock County McLennan County Montgomery Central Appraisal District Navarro County Parker County Permian Basin Community Centers Polk County Polk County Fresh Water Supply District No. 2 Randall County Sabine River Authority San Antonio VIA Metropolitan Transit Tarrant Regional Water District Taylor County Town of Addison Town of Flower Mound Town of Highland Park TX Teacher Retirement System Care Tyler County Victoria County Wharton County APPENDIX H FLORIDA PENSION CLIENT LIST City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 H‐1 Alachua County School District Atlantic Beach Florida General Employees' Retirement System Atlantic Beach Police Officers' Retirement System Bal Harbour Village General Employees' Pension Plan Bay Medical Center Boca Raton Executive Employees Retirement Plan Boynton Beach Municipal Firefighters Retirement Fund Boynton Beach Municipal Police Officers' Retirement Fund Boynton Beach Pension Plan for General Employees Bradenton Police Officers' Retirement Plan City of Arcadia City of Fernandina Beach City of Fort Walton City of Lake Worth City of Miami City of Miami Parking Authority City of Oldsmar City of Tallahassee Clearwater Employees’ Pension Plan Cooper City General Employees Retirement Plan Cooper City Fire Retirement Plan Cooper City Officers Retirement Plan Cooper City Police Retirement Plan Coral Gables Retirement System Coral Springs General Employees' Retirement System Dania Beach General Employees' Retirement Plan Dania Beach Police & Firefighters' Retirement System Deerfield Beach Non‐Uniformed Employees' Retirement Plan DeLand General Employees' Retirement Plan DeLand Municipal Police Officers' Retirement Plan Delray Beach General Employees' Retirement Plan Eustis Police Officers' Retirement System Florida City Elected Officials Retirement Plan Fort Lauderdale General Employees Retirement System Fort Pierce Police Officers Retirement Fund Fort Pierce Retirement and Benefit System Hialeah Elected Officers Retirement System Hialeah Gardens Police Pension Trust Fund Hollywood Employees Retirement System Homestead Elected Official Retirement System (Old Plan) Homestead Firefighters' Retirement System Homestead General Employees' Retirement System Homestead New Elected Officials and Sr. Management Ret. System Homestead Police Officers' Pension Plan Jacksonville Police & Fire Pension Fund Jacksonville Beach Firefighters' Retirement System Jacksonville Beach General Employees' Retirement System Jacksonville Beach Police Officers' Retirement System Jupiter Island Retirement Plan Key Biscayne Police & Firefighters Retirement Plan Key West Employees' Retirement Plan Key West Housing Authority Employees' Retirement System Key West Utility Board General Employees Retirement System Kissimmee General Employees' Retirement Plan Lake Mary Firefighters Pension Plan Lake Worth Firefighters Retirement System Lake Worth General Employees' Retirement System Lake Worth Police Officers' Pension Systems Lakeland Employees Retirement System Lantana Firefighters' Pension Fund Lantana Police Relief & Pension Fund Largo Municipal Police Officers' & Firefighters' Retirement Plan Lauderdale by Sea Volunteer Firefighters' Retirement Plan Lauderhill General Employees Retirement System Longboat Key Marco Island Firefighters' Pension Plan Martin County Sheriff Miami Beach Fire & Police Retirement Plan Miami Beach Employees' Retirement Plan Miami Parking Authority City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 H‐2 Miami Shores Village General Employees' Pension Plan Miami Shores Village Police Officers' Retirement System Miami Springs Employees' Retirement System Miami Springs Police & Firefighters' Retirement System Miramar General Employees Retirement System Miramar Management Retirement Plan Mount Dora Firefighters' Pension and Retirement System Mount Dora General Employees' Pension Plan Mount Dora Police Officers' Pension & Retirement System New Port Richey Police Officers' Retirement System North Miami Clair T. Singerman Employees' Retirement System North Miami Police Pension Plan North Palm Beach General Employees' Retirement Fund Office of Program Policy Analysis and Government Accountability Okeechobee General Employees' Retirement Plan Okeechobee Municipal Firefighters' Pension Fund Okeechobee Municipal Police Officers' Retirement System Okeechobee Utility Authority Retirement System Orange Park General Employees' Pension Plan Orlando General Employees' Pension Fund Orlando Utilities Commission Pension Plan Palm Beach County Fire Employee Benefits Fund Palm Beach County Firefighters' Retirement Insurance Fund Palm Beach Gardens Police Officers' Pension Fund Palm Springs Village Hazardous Employees Pension Plan Pembroke Pines Fire & Police Pension Fund Pinellas Park Police Officers' Pension Fund Plantation General Employees Retirement System Plantation Volunteers' Firefighters Retirement System Riviera Beach General Employees' Retirement System Riviera Beach Municipal Firefighters' Retirement System Riviera Beach Police Pension Fund Sarasota Firefighters' Health Insurance Trust Fund Sarasota Firefighters' Pension Fund Sarasota General Employees Pension Fund Sarasota Police Officers Pension Fund Sebring Police Officers' Retirement Fund South Miami Pension Plan St. Lucie County Fire Control District Pension Fund St. Petersburg College Starke Firefighters' Retirement System Starke General Employees' Retirement System Starke Police Officers' Retirement System Sunrise General Employees' Retirement Plan Sunrise Police Officers' Retirement Plan Sweetwater Elected Officers Sweetwater Police Officers Retirement Plan Tallahassee Pension Plans for General Employees, Police Officers and Firefighters Tamarac Police Pension Plan Trust Fund Tequesta General Employees' Pension Trust Fund Tequesta Public Safety Officers Pension Trust Fund Town of Palm Beach Firefighters Retirement System Town of Palm Beach General Employees Retirement System Town of Palm Beach Police Officers Retirement System Town of Surfside Employees' Retirement Plan West Palm Beach Firefighters Benefit Fund West Palm Beach Police Pension Fund West Palm Beach Restated Employees DB Retirement System Wilton Manors Pension Plan for General Employees & Police Wilton Manors Volunteer Firefighters' Retirement System Winter Park Firefighters' Retirement System Winter Park Police Officers' Retirement System Winter Springs General & Police Retirement System APPENDIX I FLORIDA OPEB CLIENT LIST City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 I‐1 Alachua County Schools City of Arcadia City of Atlantic Beach Bal Harbour Village Barefoot Bay Recreation District City of Biscayne Park City of Boynton Beach Boynton Beach Fire and Rescue City of Bradenton Brevard County School Board Broward County Professional Firefighters and Paramedics Broward County Public Schools Broward County Sheriff's Office Broward Metropolitan Planning Organization Calhoun County School District Charlotte County & Sheriff’s Office Charlotte County Schools Children’s Trust City of Clearwater City of Cocoa Columbia School District City of Coral Gables City of Dade City City of Delray Beach Police, Fire Fighters & Paramedics City of Deltona DeSoto County School District Village of El Portal Escambia County Flagler County Florida City Florida Keys Aqueduct Authority Florida Virtual Schools City of Fort Myers Franklin County Schools Gadsden County Schools City of Greenacres Gulf County School District Hamilton County Schools Hardee County Schools Hendry County School District Hernando County City of Hialeah City of Highland Beach Highlands Schools Holmes County Schools Indian River School District Town of Indian River Shores Jackson County School District City of Jacksonville Beach JEA (CU of City of Jacksonville) Jefferson County School District Village of Key Biscayne Key West Utility Board City of Kissimmee Lake County Schools City of Lake Worth Lee County School District Lee County Sheriff’s Office Leon County Schools Levy County Schools Liberty County School District State of Louisiana (audit support) Louisiana State University (audit support) Loxahatchee Groves Water Control District Madison County School District City of Margate Marion County & Sheriff’s Office Marion County Public Schools Martin County Martin County School District Martin County Sheriff’s Office Miami Parking Authority Miami Shores Village City of Clearwater Proposal for Actuarial and Related Services RFP #47‐21 I‐2 City of Miami Springs City of Miramar City of Naples Nassau County & Sheriff’s Office Nassau County School District City of New Port Richey Okaloosa County Okaloosa County Sheriff’s Office City of Okeechobee Okeechobee County School District City of Oldsmar Orange County Library System Town of Orange Park Orlando Utilities Commission Osceola County Schools Town of Palm Beach Palm Beach County Fire Rescue Panhandle Area Educational Consortium Pasco County Pasco County School District Pinellas County Pinellas County Sheriff’s Office City of Plant City City of Plantation Polk County School District City of Port Orange City of Sarasota South Florida Water Management District City of South Miami City of Starke City of St. Augustine Beach St. Johns County St. Johns County School District St. Lucie County St. Lucie County Fire District St. Lucie County Schools St. Lucie County Sheriff’s Office City of Sunrise Town of Surfside Suwannee County District Schools City of Tallahassee Taylor County School District Village of Tequesta TOHO Water Authority City of Vero Beach Virgin Islands Water and Power Authority Visit Florida Volusia County Wakulla County District Schools Walton County School District Washington County School District City of West Park City of Winter Park City of Winter Springs 1 SERVICES AGREEMENT BETWEEN CITY OF CLEARWATER AND GRS RFP #47-21 OPEB ACTUARIAL SERVICES THIS AGREEMENT, entered into this _____ day of December 2021, by and between the CITY OF CLEARWATER, a Florida municipal corporation (“City“) P.O. Box 4748, Clearwater, Florida 33758 and Gabriel, Roeder, Smith & Company, a Florida corporation (“GRS”) One East Broward Blvd, Suite 505, Ft Lauderdale, Florida 33301. WHEREAS, the City has other post-employment benefits (OPEB) that require actuarial services and similar compliance with GASB and State of Florida reporting requirements as applicable; and other actuarial services and advice on a project or fee per hour basis as needed. WHEREAS, the City selected GRS based on Request for Proposal ("RFP") #47- 21 and responses by GRS to RFP #47-21. WHEREAS, GRS agrees to provide such required actuarial and related services. NOW THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the Parties agree that the above terms, recitals, and representations are true and accurate and are incorporated herein by reference, and the Parties further agree as follows: 1. SCOPE OF PROJECT. GRS agrees to provide actuarial and related services under the terms and conditions set forth in RFP #47-21, Actuarial and Related Services, and responses by GRS dated September 13, 2021, and further described in attached Exhibit A – Scope of Work. 2 2. TIME OF PERFORMANCE. The initial Contract Term shall commence on January 1, 2022 and end on December 31, 2026. 3. COMPENSATION. The City will pay to GRS a not to exceed total amount of $72,730.00 as described in attached Exhibit B – Fee Schedule, inclusive of all reasonable and necessary direct expenses, if applicable. The City may, from time to time, require changes in the scope of the project of GRS to be performed hereunder. Such changes, including any increase or decrease in the amount of GRS compensation and changes in the terms of this Contract which are mutually agreed upon by and between City and GRS shall be effective when incorporated in written amendment to this Contract. 4. METHOD OF PAYMENT AND ANNUAL APPROPRIATIONS. GRS invoices shall be submitted to the City for approval for payment on a Net 30 basis. The City agrees to pay after approval under the terms of the Florida Prompt Payment Act F.S. 218.70. The City’s performance and obligation to pay under this Contract is contingent upon an annual appropriation of the City’s budget. 5. NOTICES AND CHANGES OF ADDRESS. Any notice required or permitted to be given by the provisions of this Contract shall be conclusively deemed to have been received by a party hereto on the date it is hand delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail 3 (postage prepaid) on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. Gabriel, Roeder, Smith & Co. City of Clearwater Peter Strong Jay Ravins Senior Consultant and Actuary Finance Director One East Broward Blvd, Suite 505 P.O. Box 4748 Ft. Lauderdale, FL 33301 Clearwater, Florida 33758 954.527.1616 727.562.4538 6. RFP #47-21, STANDARD TERMS AND CONDITIONS. All terms and conditions as set forth in RFP #47-21, Standard Terms and Conditions are incorporated by reference and attached hereto as Exhibit C. 7. INSURANCE REQUIREMENTS. Insurance Requirements are set forth in Exhibit D, which is incorporated by reference and attached hereto. 8. PROPRIETARY MATERIALS. Upon termination of this Contract, GRS shall transfer, assign, and make available to the City or its representatives all property and materials in GRS possession belonging to or paid for by the City. 9. INTERESTS OF PARTIES. GRS covenants that its officers, employees, and shareholders have no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance and/or provision of services required under the terms and conditions of this Contract. 4 10. CONFORMANCE WITH LAWS. GRS agrees to comply with all applicable federal, state and local laws during the life of this Contract. 11. ATTORNEY FEES. In the event that either party seeks to enforce this Contract through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs. 12. GOVERNING LAW AND VENUE. The laws of the State of Florida shall govern this Contract, and any action brought by either party shall lie in Pinellas County, Florida. 13. E-VERIFY. GRS and its Subcontractors shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. GRS will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. Subcontractor must provide GRS with an affidavit stating that Subcontractor does not employ, contract with, or subcontract with an unauthorized alien. GRS shall maintain a copy of such affidavit. The City may terminate this Contract on the good faith belief that GRS or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). If this Agreement is terminated pursuant to Florida Statute 448.095(2)(c), GRS may not be awarded a public contract for at least 1 year after the date of which this Contract was terminated. GRS is liable for any additional costs incurred by the City as a result of the termination of this Agreement. See Section 448.095, Florida Statutes (2020). 5 IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth above. Gabriel, Roeder, Smith & Co. Attest: _______________________ By: ________________________ Print Name: _____________ Print Name: ___________________ Secretary Title: ________________________ CITY OF CLEARWATER, FLORIDA _______________________ By: ________________________ Frank Hibbard Jon Jennings Mayor City Manager Approved as to form: Attest: _______________________ ____________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk Exhibit A – Scope of Work SCOPE OF WORK – ACTUARIAL AND RELATED SERVICES. Annually and/or biannually: 1) Prepare and provide actuarial valuation reports for Other Post-Employment Benefits (OPEB) as of January 1 for fiscal year ending September 30, annually or biannually, to be delivered by December 31st annually. One electronic PDF version is to be provided. 2) As appropriate, prepare and provide biannual actuarial roll-forward reports for OPEB using the prior year OPEB valuation report. The roll-forward will be performed on the same basis as the regular actuarial valuation and must also be delivered to the City by December 31st annually. One electronic PDF version is to be provided. Related services: 1) Provide other actuarial advice and calculations as requested. Exhibit B - Fee Schedule Biannual Full Actuarial Valuation for OPEB, including GASB 75 reporting*15,500$ OPEB Roll-Forward (intervening years as permitted), including GASB 75 reporting 3,750$ Actuarial Impact Statements, Studies, and Other Calculations, as requested Hourly Rates** Title Standard Hourly Rates Senior Consultant $393 - $503 Consultant $308 - $388 Senior Actuarial Analyst $244 - $301 Actuarial Analyst $192 - $224 Administrative Assistant $126 - $144 * The fees for actuarial valuations are applicable for 2022. Fees for subsequent actuarial valuations will be increased by the change in the CPI-U index from December of one year to December of the next year, not to exceed 3% per year. ** The hourly rates are current rates for 2021. The rates are updated annualy, generally to reflect inflation and changes in the cost of overhead. Based on current inflation forecasts, these rates are not expected to increase by more than 3% annually for the term of the contract. City of Clearwater Fee Schedule For OPEB Actuarial Services - Gabriel Roeder Smith & Company RFP #47-21, Exhibit C STANDARD TERMS AND CONDITIONS 1 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, consultant, 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 RFP #47-21, Exhibit C STANDARD TERMS AND CONDITIONS 2 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 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. RFP #47-21, Exhibit C STANDARD TERMS AND CONDITIONS 3 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 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. RFP #47-21, Exhibit C STANDARD TERMS AND CONDITIONS 4 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. j) The City understands, acknowledges, and agrees that (i) GRS is providing services which cannot be performed by the City and (ii) subject to Chapter 119, Florida Statutes, internal working papers, proprietary information, source code, and software may not be public record. A contractor who complies with a public records request within eight (8) business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the RFP #47-21, Exhibit C STANDARD TERMS AND CONDITIONS 5 Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred 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, RFP #47-21, Exhibit C STANDARD TERMS AND CONDITIONS 6 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. GRS may also cancel this Agreement with 30 days written notice to the City for any of the following reasons: 1) the City, the City’s Pension Board, or one or more plan participants or beneficiaries, or the State has filed a lawsuit against GRS in a matter related to the City, its participants, or its beneficiaries, 2) a member of the City’s Pension Board or Staff has been found guilty of criminal or civil breach of fiduciary responsibility or other severe wrongdoing with respect to the City or GRS, or 3) a member of the City or Staff demands that GRS take actions deemed by GRS Management to be unethical or illegal. GRS may otherwise cancel this Agreement upon giving 90 days written notice to the City. 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 RFP #47-21, Exhibit C STANDARD TERMS AND CONDITIONS 7 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. Only in the event of errors, mistakes, or omissions on the part of GRS, the indemnity shall be limited to an amount not to exceed $2,000,000.00 per occurrence and annual calendar year aggregate. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. d. In the event of disputes, both parties to this contract agree to waive their right to a jury trial. 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 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. RFP #47-21, Exhibit C STANDARD TERMS AND CONDITIONS 8 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 agreement will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding the agreement will be referred to the administrator for resolution. Supplements may be written to the agreement for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). S.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. RFP #47-21, Exhibit C STANDARD TERMS AND CONDITIONS 9 S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Purchasing Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may 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. SERVICES AGREEMENT BETWEEN CITY OF CLEARWATER AND GRS RFP #47-21 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, RFP #47-21 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#21-10041 Agenda Date: 12/13/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Approve a three-year renewal to the current CorVel Healthcare Corporation’s Agreement for the review of Workers Compensation Medical bills and Pharmacy Benefit Management services in the not-to-exceed amount of $200,000 for term January 1, 2022 through December 31, 2024, pursuant to Clearwater Code of Ordinances Section 2.563(1)(h), Workers Compensation, and authorize the appropriate officials to execute same. (consent) SUMMARY: In November 2019, Council approved the current pricing agreement with CorVel, for the term beginning January 1, 2020 through December 31, 2021. CorVel has proposed a three-year amendment to the agreement, beginning January 1, 2022, which will increase the Bill Review Service Fee from $7.32/bill to $7.54/bill; Field, Telephonic Case Management and Nurse File Reviews will increase from $85 to $96/hour; Bill reduction will remain at 28% of savings; the minimum transaction fee will be $6.03; and the check writing fee will go from $4.00 to $4.12. The pharmacy benefit savings will change from 7% to 8% on Brand, and 12% to 25% on Generic, 12% for Brand Mail Order, and 35% for Generic Mail Order. Staff is requesting a not-to-exceed amount of $200,000 for the three-year term January 1, 2022 through December 31, 2024. APPROPRIATION CODE AND AMOUNT: Account# 5907590-545800 $200,000.00 Page 1 City of Clearwater Printed on 12/10/2021 AMENDMENT NUMBER 2 This Amendment Number 2 dated October 26, 2018 by and between CorVel Healthcare Corporation ("CorVel") and City ofClearwater FL ("Customer"). WHEREAS, CorVel and Customer entered into the Managed Care Services Agreement for Managed Care Services with an effective date of January 1, 2017 as amended ("Services Agreement") pursuant to which CorVel agreed to provide Customer certain managed care services; and WHEREAS, CorVel and Customer each desire to amend the Services Agreement to revise the parties' contractual arrangement; and NOW, THEREFORE, in consideration ofthe mutual promises and covenants contained herein, the parties agree to: Amend Exhibit B ("Fees") to the Agreement increasing the Bill Review fee effective January 1, 2019 as follows: Bill Review D aripat' mitofFees Pride* Per Bill (re -price to FS; EDI to State 6.90 per bill All other terms and conditions of the Services Agreement shall remain in full force and effect. IN WITNESS WHEREOF, CorVel and Customer have caused this Amendment to be executed by the persons authorized to act in their respective names. CITY OF CLEARWATER FL CORVEL By: By: Print Name: Title: Date Signed: -10 v Lik..* ALTHCE CORPORATION C L!X Title: <Kei.S11(1 `r Print Name: Date Signed: A:1 SEE ATTACHED SIGNATURE PAGE FOR CITY OF CLEARWATER SIGNATURES*** City of Clearwater Amendment 2 to Managed Care Services Agreement (Bill Review Pricing) 10-26-18 Amendment Number 2 Countersigned: cteo1\cr c t\d.oS George N. Cretekos Mayor Approved as to form: Dick Hull Assistant City Attorney CITY OF CLEARWATER, FLORIDA By: Attest: William B. Horne II City Manager Rosemarie Call City Clerk AMENDMENT NUMBER 1 This Amendment Number 1 dated November 2, 2017 by and between CorVel Healthcare Corporation ("CorVel") and City of Clearwater FL ("Customer"). WHEREAS, CorVel and Customer entered into the Managed Care Services Agreement for Managed Care Services with an effective date ofJanuary 1, 2017 ("Services Agreement") pursuant to which CorVel agreed to provide Customer certain managed care services; and WHEREAS, CorVel and Customer each desire to amend the Services Agreement to revise the parties' contractual arrangement; and NOW, THEREFORE, in consideration ofthe mutual promises and covenants contained herein, the parties agree to: Amend Section 8A ("Term") of the Agreement whereby The subsequent renewal term(s) shall not exceed a total of four (4) annual extensions, thus establishing a contract end date of December 31, 2021. All other termination terms remain unchanged. Amend Exhibit B ("Fees") to the Agreement changing only the Bill Review fee effective January 1.2018 as follows: Bill Review Pricing Per Bill (re -price to FS; EDI to State 6.70 per bill PPO Network and all savings additional to FS Professional Review: Complex Bill Review Nurse Bill Review Enhanced Bill Review (CERiS) 28% of savings 28% of savings 28% of savings 28% of savings Amend Exhibit B ("Fees") adding the following language for Case Management Billing as follows: Billing and Payments for Case Management. CorVel will invoice Customer monthly for all fees related to the Case Management Services. Billing for Case Management is based on allocated time per activity. Activity is based on ten (10) minute intervals and billed at the next tenth (.10) ofan hour. Invoices for the Case Management Services shall be paid through the claims file to CorVel. Invoices will reasonably detail the computation ofthe fees owed. City of Clearwater Amendment 1 to Managed Care Services Agreement (Bill Review Pricing) 10-16-17 All other terms and conditions ofthe Services Agreement shall remain in full force and effect. IN WITNESS WHEREOF, CorVel and Customer have caused this Amendment to be executed by the persons authorized to act in their respective names. CITY OF CLEARWATER FL By: By: Print Name: Print Name: Title: Title: CORVELIUTHCr CORPORATION Date Signed: Cts 13.-Ci3 Countersigned: C(2iOMtM fCr2YtitOl George N. Cretekos Mayor Approved as to form: Assistant City Attorney Date Signed: 1601 CITY OF CLEARWATER, FLORIDA By: W g. a- William B. Horne II City Manager City of Clearwater Amendment 1 to Managed Care Services Agreement (Bill Review Pricing) 10-16-17 City of Clearwater Amendment 4 (Renewal, Pricing and Updates) to Managed Care Services Agreement 12-1-21 FINAL AMENDMENT NUMBER 4 This Amendment Number 4 is entered into and made effective this the 1st day of January 2022 by and between CorVel Healthcare Corporation (“CorVel”) and City of Clearwater FL ("Customer"). WHEREAS, CorVel and Customer entered into the Managed Care Services Agreement for Managed Care Services with an effective date of January 1, 2017 as amended (“Services Agreement”) pursuant to which CorVel agreed to provide Customer certain managed care services; and WHEREAS, CorVel and Customer each desire to amend the Services Agreement to revise the parties' contractual arrangement; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree to: • Amend Section 8A (“Term”) of the Agreement renewing the Agreement for a three (3) year Renewal Term effective January 1, 2022 through December 31, 2024. • Amend Exhibit B (“Fees”) to the Agreement replacing the fees as defined hereunder effective January 1, 2022 through December 31, 2024 as follows: Case Management Services Description of Services Pric Field Case Management* Telephonic Case Management Nurse File Review $96.00 per hour $96.00 per hour $96.00 per hour *Plus Current IRS mileage rates Bill Review Services Description Pricing Bill Review: Per Bill $7.54 + Network Solutions includes: 28% of Savings Clinical Review, Implant Analysis, Line Item Bill Review, Negotiations, PPO Network Access, Substantive Denials, Technical Evaluation Minimum Transaction Fee $6.03 Check Writing Fee Per Bill $4.12 State EDI, Scanning/OCR, Initial 1099 Provider Notification Letter Included City of Clearwater Amendment 4 (Renewal, Pricing and Updates) to Managed Care Services Agreement 12-1-21 FINAL Pharmacy Benefit Management Description Pricing Retail – Brand AWP - 8% + $3.00 Dispensing Fee Retail – Generic AWP - 25% + $1.50 Dispensing Fee Mail Order - Brand AWP - 12% + $1.50 Dispensing Fee Mail Order - Generic AWP - 35% + $1.50 Dispensing Fee • Amend the Agreement adding the following added, revised and or modified Description of Services: Bill Review Services; Clinical/Technical Services; CERiS Services; Preferred Provider Network Access Services; Pharmacy Benefit Services) attached hereunder as Exhibit A to this Amendment. All other terms and conditions of the Services Agreement shall remain in full force and effect. IN WITNESS WHEREOF, CorVel and Customer have caused this Amendment to be executed by the persons authorized to act in their respective names. CITY OF CLEARWATER FL ___________________________ By: _________________________ Frank V. Hibbard Jon P. Jennings Mayor City Manager Approved as to form: Attest: __________________________ ____________________________ Michael P. Fuino Rosemarie Call Senior Assistant City Attorney City Clerk City of Clearwater Amendment 4 (Renewal, Pricing and Updates) to Managed Care Services Agreement 12-1-21 FINAL EXHIBIT A Bill Audit, Review and Payment Services Terms and Conditions 1. DESCRIPTION OF SERVICES (a) CorVel’s proprietary bill review program enables an application of the appropriate Standard Fee Schedules or usual and customary values, includes PPO, Technical and Clinical Review, and CERiS, applied to provider bills. 2. DEFINITIONS Bill (per Bill): Each transaction of a bill is considered a separate per bill count. CorVel is able to logically link transactions across logical sequences, but each is its own bill transaction. Clean/Prepared Bill: When the provider charges are deemed to be an accurate reflection of the services rendered based on the provider’s documentation. Network Solutions savings such as Clinical Review and Technical Evaluation and other review types can be applied first to the bill for the bill to qualify for the Prepared Bill status. Once at the prepared bill state Standard Fee Schedule savings can be applied. Clinical Review: An additional level of review performed by nurses, system, or coding experts to evaluate appropriateness, relatedness of submitted charges with provided documentation. Implant Analysis: Review of implant charges submitted to a proprietary pricing database and documentation. Implant Analysis results are included as part of Clinical Review. Line Item Bill Review (LIBR): Out of Network Line Item Bill Review: · Original charge data · U&C review by zip code · Fee re-bundling and error removal · Separation of charges by diagnosis/procedure · Facility to facility cost comparison · Individual facility chargemaster analysis and price trending Fair and Reasonable - Universal Chargemaster: The Universal Chargemaster is a compilation of individual hospital line item descriptions from over 85% of the nation’s hospitals. It is a virtual thesaurus of hospital billing terms, codes and abbreviations. Specific, unique line item descriptions are defined by the Universal Chargemaster and City of Clearwater Amendment 4 (Renewal, Pricing and Updates) to Managed Care Services Agreement 12-1-21 FINAL appropriately compared to the same service or supply for other hospitals in the same geographical area. Minimum Transaction Fee (MTF): For each bill transaction if the fees on a bill transaction instance do not meet the minimum transaction fee amount, the difference between the fees and the min transaction fee will be automatically added to the fees. Negotiations: A one time or ongoing agreement with the provider to accept a specific payment amount. PPO Network Access: A preferred provider organization (PPO) is a medical care arrangement in which medical professionals and facilities provide services at a negotiated/contracted rate. PPO medical and healthcare providers are called preferred providers. Provider Sendback: Sendbacks occuring when a bill instance does not have enough supporting information from the provider to be a Prepared Bill. The bill is sent back to the provider requesting further information. Standard Fee Schedule: Savings defined as the amount reduced from the Prepared Bill status to the jurisdictional state fee schedule amounts when those amounts are expressly assigned a specific value, not through reference methodologies developed by a third party or federal agency. Substantive Denials: Sendbacks occur when a bill instance does not have enough supporting information from the provider to be a Prepared Bill. The bill is sent back to the provider requesting further information. If the provider does not provide the necessary supporting information after 90 days of the sendback status all bill savings will be considered Substantive Denial Savings and charged accordingly through an automatic bill instance. If the bill is later submitted through another bill instance with further information from the provider, another review will occur which may reverse all or part of the Substantive Denial savings and fees. Technical Evaluation: Applicable to bills when reimbursement is not fully addressed in the jurisdictional fee schedule. State regulations may require payment to be made in accordance with payment methodologies developed by a third party (typically the Centers for Medicare and Medicaid Services (CMS)), often with exceptions or special exemptions added by the state. UCR: “UCR” is defined as : · Usual – A charge is considered “Usual” if it is the fee that most providers in the area charge for the same service. · Customary – A charge is considered “Customary” if it is within the range of fees that most providers who practice in the area charge. · Reasonable – A charge is considered “Reasonable” if it is both usual and customary or if it is justified by the Payor because of complexity. Payor, CorVel or its designees use a nationally recognized third party database for UCR charges. City of Clearwater Amendment 4 (Renewal, Pricing and Updates) to Managed Care Services Agreement 12-1-21 FINAL In determining UCR prevailing rates, Payors, CorVel or their designees use either (a) CorVel’s Enhanced Bill Review database or other nationally recognized databases to provide benchmarks for hospital charges in a hospital Health Care Provider’s geographic area and (b) databases provided by FAIR Health, Inc. or other nationally recognized databases to provide benchmarks for charges by non-hospital Health Care Providers in the applicable geographic area. The UCR prevailing rate is the 80th percentile of the relevant database benchmark for the fees and charges in Provider’s geographic area. 2. DELIVERY OF SERVICES (a) Customer’s Obligations (i) During the term of this Agreement, unless agreed to otherwise by the parties in writing, Customer shall utilize CorVel exclusively (even as to Customer) for audit, review and repricing services for Bills related to workers’ compensation claims. A breach of the foregoing obligation shall constitute a material breach under this Agreement. Without limiting any other remedies available under law, a breach of the foregoing obligation with respect to PPO (as defined in Schedule 7) Provider Bills will result in immediate termination of all PPO discounts provided by CorVel. (b) CorVel’s Obligations (i) CorVel shall provide Bill Review Services described herein to Customer upon receipt of specific requests from Customer. In the absence of instructions from Customer to the contrary, which CorVel must approve, Bill Review Services shall be performed as described herein. (ii) Bill Review Services shall be completed within a reasonable period of time of CorVel’s receipt by CorVel of all necessary billing information from Customer (“Complete Billing Information”). (iii) To facilitate timely processing CorVel shall process (A) each Provider Bill within a reasonable period of time and within industry standards after CorVel’s receipt thereof, and (B) batches of Provider Bills on a daily basis or as volume dictates. (iv) CorVel shall process PPO Provider reimbursements on behalf of Customer industry standards from receipt of the corresponding Bill Review Audit analysis from CorVel. (v) CorVel will be responsible for monitoring, “flagging” and returning to Customer duplicate copies of a Bill (“Duplicates”). (vi) Any conflicts or complaints from medical providers (“Complaints”) concerning Bill Review Services completed by CorVel initially will be handled directly by CorVel. CorVel will provide an initial response to a Complaint and will send a written response to the complainant that summarizes the nature of the Complaint and the steps CorVel has taken to resolve it. Customer may be asked to interject itself into a Complaint between CorVel and a medical provider to resolve the Complaint in a manner acceptable to Customer and as needed by CorVel. Notwithstanding the foregoing, Customer shall retain full responsibility for payment of all benefits and any other expenses or services required to be paid or provided under applicable policies or state and federal workers’ compensation laws. (vii) CorVel agrees to supply Customer in the CorVel’s standard format a transmission reflecting the results of the Bill Review Services provided hereunder. (c) Savings for the Fee schedule or usual and customary service shall be: City of Clearwater Amendment 4 (Renewal, Pricing and Updates) to Managed Care Services Agreement 12-1-21 FINAL (i) for states having a Standard Fee Schedule: (A) the medical provider’s original bill amount; less (B) the billed amount resulting from the allowance based on specified conversion factor(s) multiplied by referenced value(s). (ii) for states not having a state mandated Fee Schedule: (A) the medical provider’s original bill amount; less (B) the bill amount resulting from UCR. (d) Scanning Services (i) CorVel will provide Scanning Services and, when appropriate, Optical Character Recognition (“OCR”) Services. CorVel will timely and within industry standards, scan all bills and attached medical notes delivered to CorVel necessary for providing Bill Review services. Subject to applicable law and obtaining any required authorizations, CorVel also shall provide Scanning Services for additional claim-related documentation. (ii) All material scanned by CorVel hereunder shall be accessible to Customer through CareMC. Clinical and Technical Assessment Services Terms and Conditions 1. DESCRIPTION OF SERVICES (a) Clinical and Technical Assessment Services. CorVel provides this service to evaluate state specific complex rules and verify coding by providers when appropriate and supported by documentation. This can include clinical review to validate coding is correct for all applicable Provider bills, Ambulatory Surgical Center bills, and all Hospital bills (inpatient and outpatient) including: (i) review and analysis of codes, charges, and billing structure for incorrect coding, incorrect billing, bundling, and up-coding of procedures which affect Standard Fee Schedule values; (ii) review of bills, records, and documentation by a nurse and/or by a coder; (iii) separation of charges not related to the compensable injury; (iv) review and apply complex state specific rules; (v) application of utilization review determinations and clinical edits; (vi) diagnostic related group validation (i.e., verification that the diagnostic related group billed is appropriate for the services rendered); and (vii) cost shifting of revenue and CPT codes. 2. DELIVERY OF SERVICES (a) CorVel will timely and within industry standards, complete Review Services and return the reviewed Bills to Customer, with any adjustments to identified overcharges. (b) Savings for the Review Services shall be: (i) for states having a state mandated Standard Fee Schedule: (A) the bill amount in the Fee Schedule; less (B) the bill amount resulting from the nurse review services. (ii) for states not having a state mandated Standard Fee Schedule: (A) the medical provider’s original bill amount; less (B) the bill amount resulting from the nurse review services. City of Clearwater Amendment 4 (Renewal, Pricing and Updates) to Managed Care Services Agreement 12-1-21 FINAL (iii) for states having a state mandated Standard Fee schedule (A) the medical provider’s original bill amount; less (B) the bill amount resulting from technical review services. (iv) for states not having a state mandated Standard Fee Schedule: (A) the medical provider’s original bill amount; less (B) the bill amount resulting from the technical review services. (c) Customer Responsibilities (i) Customer shall pay bills reviewed by CorVel in a timely manner in accordance with all state guidelines, and agrees to waive any bill audit and/or other retrospective reviews regarding all bills for which CorVel has secured a reduction from the original billed charges. (ii) If a medical provider submits an appeal, the bill will be reviewed again and, if any adjustment is necessary, CorVel will provide that information on the Explanation of Review (EOR). CERiS (Hospital Bill Itemization Review Services; Negotiation Services; Implant Cost Review Service) Terms and Conditions 1. DESCRIPTION OF SERVICES (a) Hospital Line Itemization Review Services. (CERiS) performs its Services on Hospital Bills (inpatient and outpatient) and consist of procurement of actual bill itemization, (i) a line-by-line validation and comparison of the itemization description charges actually billed by a particular hospital to what CMS billing guidelines allow to be separately billed for in order to disallow inappropriate charges, and then will compare the valid itemization descriptions to the average itemization description charges utilized by other hospitals within a pre-designated geographic area, and and (ii) a review of charges that fall outside of any pre-contracted discounts or fee schedules, and generates payment recommendations in accordance with the Customer’s “Payors Allowable” language. This service does not itself include negotiation services nor Implant Cost Services. (b) Negotiation Services. (CERiS) will provide negotiation services with respect to all Hospital Bills (inpatient and outpatient). CorVel will contact the provider for agreement of the negotiated rate. A signed agreement regarding such rates will be maintained by CorVel. CorVel will use its commercially reasonable efforts to enter into an agreement regarding negotiated rates in accordance with a mutually agreed upon schedule. (c) Implant Cost Review Service. (CERiS) includes Implant Cost Review services with respect to the applicability of the Customer’s “Payors Allowable” plan or policy language that specifically addresses implant payments. CorVel will identify and provide the manufacturers implant cost through its proprietary repository of national implant invoice data. CorVel then determines the recommended payment in accordance with the Customer’s “Payors Allowable”. In the event there is insufficient implant invoice data for the requested implant, CorVel will notify the Customer and CorVel shall not be responsible for any costs, fees, damages or penalties for any such inability of CorVel to produce a cost savings per Customer’s request. 2. DELIVERY OF SERVICES (d) When applicable CorVel will timely within industry standards, complete CERiS Services and return the reviewed Hospital Bills to Customer, together with a written summary of any adjustments to identified overcharges. (e) Savings for the CERiS Services shall be: City of Clearwater Amendment 4 (Renewal, Pricing and Updates) to Managed Care Services Agreement 12-1-21 FINAL (i) for states having a state mandated Fee Schedule: (A) the bill amount in the Fee Schedule; less (B) the bill amount resulting from CERiS Services. (ii) for states not having a state mandated Fee Schedule: (A) the medical provider’s original bill amount; less (B) the bill amount resulting from the CERiS Services. (f) Customer Responsibilities (i) Customer shall pay bills reviewed by CorVel in a timely manner in accordance with all state guidelines, and agrees to waive any bill audit and/or other retrospective reviews regarding all bills for which CorVel has secured a reduction from the original billed charges. (ii) Customer will identify all bills that are not eligible for Enhanced Bill Review Services due to: (A) compensability; (B) a pre-negotiated rate with Customer or other previously established discount; (C) services that are “review only” due to litigation or other non-payment issues; and (D) duplicate bills. (g) If a medical provider questions the adjustment and/or balance bills the patient, and the claim payor notifies CorVel of such communication, CorVel will provide documentation of its findings. If the hospital provides corrective or qualifying information sufficient to alter our original adjustments, CorVel will revise its report, advise the claim payor of the new, corrected adjustment. Only in the event of a successful appeal of the reduction of the bill by the medical provider shall Customer be entitled to receive a credit for the portion of the fee previously charged for the amount of the adjustment successfully appealed. Preferred Provider Network Access Services (PPO) Terms and Conditions I. DESCRIPTION OF SERVICES (a) CorVel’s preferred provider organization is a network of hospitals, physicians and other providers (“Participating Providers”) that offer services at pre-negotiated Provider rates (“PPO Network”). CorVel also provides state certified preferred provider organization networks in states that maintain such networks. II. DELIVERY OF SERVICES (a) CorVel will provide Customer with access to its PPO Network provided it is the exclusive preferred provider organization utilized by Customer. CorVel may at any time and in its sole discretion add and/or terminate any provider to or from the PPO Network. (b) CorVel will provide Customer with a web-based directory of its PPO Network providers. (c) Customer agrees that, during the Term of this Agreement Customer will not contract directly or indirectly with Participating Providers made known to Customer under this Agreement. (d) Customer will make reasonable effort to channel all Covered Persons to the Participating Providers as are allowed under the laws of that service area or state. City of Clearwater Amendment 4 (Renewal, Pricing and Updates) to Managed Care Services Agreement 12-1-21 FINAL Pharmacy Benefit Program Terms and Conditions I. DESCRIPTION OF SERVICES. (a) CorVel shall be the exclusive provider of a Pharmacy Program inclusive of a PBM and a Provider Network representing Participating Pharmacy Providers that are obligated upon and after identification of a participant within CorVel’s PBM to: i. Accept a contracted rate, and ii. Apply mandated processes and CorVel’s Formulary and Concurrent Drug Utilization Review program at point-of-service before dispensing prescribed medications. II. DEFINITIONS. (a) “AWP” shall mean the Average Wholesale Price for a Brand or Generic Drug Product. CorVel bases Customer pricing off of the reported AWP value from Medi-Span and the date of service. (b) “AWP Discount” shall mean the PBM discounts CorVel applies, per Customer’s negotiated rates, to Covered Brand and Generic Drug Products, Compound Drugs and Specialty Meds. (c) "Brand Drug" shall mean a Covered Drug defined as a brand name drug in PBM proprietary Generic Code Conversion ("GCC") logic. (d) “Compound Drugs” shall be systematically identified when processing through the PBM via the Formulary. Drug compounding is often regarded as the process of combining, mixing, or altering ingredients to create a medication tailored to the needs of an individual patient. Compounding includes the combining of two or more drugs. Compounded drugs are not FDA-approved. (e) “Concurrent Drug Utilization Review” (“DUR”) shall mean the algorithm systematically applied at a Participating Pharmacy before dispensing that considers the Presenting Drug’s safety and efficacy in context with other drugs that have been dispensed. In addition, the algorithm includes applicable protocols and guidelines based on the Presenting Drug and specific claim history, such as the time period from the last fill of the same Drug. (f) “First Fill” shall mean a prescription filled by a Participating Pharmacy for a limited supply of Covered Drugs for a claim that is not, at the time, eligible. First Fill transactions follow CorVel’s First Fill Formulary. The First Fill Formulary is for the immediate treatment of injuries, including common exposure drugs/vaccines. The pharmacy is instructed to fill any formulary prescription written by the treating physician, whether or not the claim is accepted as a workers' compensation claim. Most claims are ultimately accepted. (g) “Formulary” shall mean CorVel’s Workers’ Compensation Standard or state specific drug/drug class and brand/generic specific triggers systematically applied at a Participating Pharmacy before dispensing a Presenting Drug that prompts the pharmacy through its adjudication system to either: dispense the Presenting Drug, convert from brand to generic, attain approval to dispense,. City of Clearwater Amendment 4 (Renewal, Pricing and Updates) to Managed Care Services Agreement 12-1-21 FINAL (h) "Generic Drug" shall mean a Covered Drug, whether identified by its chemical, proprietary, or non-proprietary name, that (i) is accepted by the FDA as therapeutically equivalent and interchangeable with drugs having an identical amount of the same active ingredient; and (ii) defined as a generic drug in PBM proprietary Generic Code Conversion ("GCC") logic. In the adjudication process, CorVel applies Customer’s negotiated Generic Drug discount rate to the AWP value of Covered Generic Drugs. (i) “GCC” refers to PBM proprietary Generic Code Conversion logic. GCC logic converts Medi-Span codes to the brand and generic codes used for claims adjudication. (j) “Good Samaritan (Emergency) Fill” shall mean a limited supply of Covered Drugs that are outside of the Formulary and typically dispensed outside of normal business hours (overnight, weekends or holidays) by a Participating Pharmacy without Customer’s or CorVel’s approval in order to meet, in the pharmacist’s professional judgment, an immediate or urgent need. Customer is responsible for payment of drug charges processed through Good Samaritan Fills; CorVel assumes no liability. (k) “Mail Order Program” or “Home Deliver Program” shall mean the managed program from which Covered Drugs are dispensed and billed through CorVel’s PBM. A pharmacy’s status as a mail order pharmacy does not indicate participation in the CorVel PBM Mail Order Program. Mail Order participation is limited to designated pharmacies operating within the strict parameters of CorVel’s Mail Order Program. (l) “Multi Source Brand” shall mean a Covered Drug specified as a brand name drug available from more than one manufacturer as determined by CorVel primarily using a combination of data fields provided to CorVel by Medi-Span (or another nationally available reporting source that may be selected by CorVel). Multi Source Brand Drugs are eligible for conversions to Generic Drugs at the Participating Pharmacy. (m) “Multi Source Generic” shall mean a Covered Drug specified as a multi source generic drug as determined by CorVel primarily using a combination of data fields provided to CorVel by Medi-Span (or another nationally available reporting source that may by selected by CorVel). Generic Drugs in their six month exclusivity period or limited supply drugs may be excluded from Multi Source Generic Drugs. (n) “PBM” shall mean Pharmacy Benefits Manager. CorVel performs as the PBM on behalf of its Customers. (o) “Presenting Drug” shall mean the drug ordered by the prescriber and presented on a signed prescription to a Participating Pharmacy and processed through CorVel’s PBM. (p) “Rate application exceptions,” per Billing and Payments of Pharmacy Program (below) sections (d) and (e), apply when either State Fee Schedule AWP Values or Customer’s Negotiated PBM AWP Discount rates are lower than CorVel’s Acquisition Price. CorVel’s Acquisition Price reflects CorVel’s cost of the Covered Drug plus a processing and management fee. (q) “Single Source Brand” shall mean a Covered Drug specified as a brand name drug available from only one manufacturer as determined by CorVel primarily using a City of Clearwater Amendment 4 (Renewal, Pricing and Updates) to Managed Care Services Agreement 12-1-21 FINAL combination of data fields provided to CorVel by Medi-Span (or another nationally available reporting source that may by selected by CorVel). Single Source Brand Drugs are not eligible for conversions to Generic Drugs. (r) “Single Source Generic” shall mean a Covered Drug as determined by CorVel that may not have been purchased by pharmacies at standard Multi Source Generic Drug rates because of limited manufacturers, limited supply or exclusivity rights. In the adjudication process, Customer’s Brand Drug AWP Discount value may be applied to Single Source Generic Drugs. (s) “Specialty Medications” shall mean certain pharmaceuticals, biotech or biological drugs, that are Covered Drugs used in the management of chronic or genetic disease, including but not limited to, injectable, infused, or oral medications, or products that otherwise require special handling. In the adjudication process, Customer’s Claims Professional’s approval is required, and Customer’s Brand Drug AWP Discount value and dispensing fee may be applied irrespective of the Presenting Drug’s GCC (Generic Code Conversion) status. III. DELIVERY OF SERVICES. (a) CorVel shall provide its Pharmacy Program’s PBM and Network for the benefit of Customer. (b) Eligibility, First Fill, Pharmacy Identification (ID) Cards, and Mail Order/Home Delivery. Pharmacy ID cards contain the necessary data elements to enable a Participating Pharmacy provider to electronically process through and transmit claim data to CorVel’s PBM. The electronic transmission that occurs at the point of sale is required for application of Formulary, Concurrent Drug Utilization Review and contractual pricing. i. Customer agrees to promptly provide CorVel all information needed to produce and distribute Pharmacy ID cards to Eligible Claimants. Subject to applicable law, Customer will instruct Eligible Claimants to use the Pharmacy ID cards at participating network providers in order to facilitate the Pharmacy Program. ii. Distribution of Pharmacy ID cards does not guarantee that Pharmacy ID cards will be appropriately utilized by Eligible Claimants or Participating Pharmacies; therefore, Customer understands that claims assigned by Pharmacies to third party billers or paper bills submitted by the Pharmacies are not adjudicated through the prospective PBM. iii. CorVel, agrees to produce and distribute Pharmacy ID cards to Eligible Claimants upon receipt of all necessary Eligible Claimant information from Customer. CorVel will also send an introduction letter to the Eligible Claimant along with the Pharmacy ID card. iv. CorVel will provide access for Eligible Claimants to the PBM Mail Order Program. CorVel will work with Customer to establish the parameters of the Mail Order Program and the process which will be utilized to encourage Eligible Claimant use of the Mail Order Program. City of Clearwater Amendment 4 (Renewal, Pricing and Updates) to Managed Care Services Agreement 12-1-21 FINAL (c) CorVel’s PBM will present a proprietary or state mandated Formulary to Customer. Upon presentation of identification to a Participating Pharmacy, the Formulary will trigger the Participating Pharmacy’s adjudication system to either: i. Automatically dispense certain medications, or Obtain Prior Authorization (PA) approval from claims professional to dispense, (d) CorVel’s PBM will implement a Concurrent Drug Utilization Review (“DUR”) program on behalf of Customer,. Concurrent DUR includes a review of the drug history at the time the prescription is presented. Absent Customer’s directions, DUR shall be performed in accordance with CorVel’s PBM’s standard service model. IV. BILLING AND PAYMENTS OF PHARMACY PROGRAM. (i) Financial obligations of parties. (a) Customer shall be financially responsible for all drug charges incurred by claimants for dispensed medications processed under CorVel’s PBM. CorVel assumes no liability for drug charges with the exceptions noted below in subsection iii. (b) If the CorVel claims professional determines, upon receipt of CorVel’s PBM invoice, that specific formulary and non-formulary drugs should not have been dispensed, the CorVel claims professional should inform the PBM as soon as possible. • The PBM will request a reversal from the Participating Pharmacy. If granted, CorVel will reverse the drug charges, however, if the Pharmacy does not grant the PBM’s request, Customer is responsible for payment of the drug charges; CorVel assumes no liability for drug charges with the exceptions noted below in subsection iii. (c) Upon receipt of an invoice, CorVel claims professional may timely dispute charges for drugs that were dispensed in error, triggering CorVel’s PBM to reverse the drug charges, by notifying CorVel for any of the following reasons: • CorVel’s PBM and/or the Participating Pharmacy’s violation of Formulary or Utilization Review Parameters set forth in Customer’s DUR program, or in the Claimant Level Formulary; or • Duplicate or inadvertent entries or other clerical mistakes on a PBM invoice. (ii) Invoicing and Payment. On a per Covered Drug basis CorVel will apply daily for all drug charges and fees related to the PBM directly to the claim file. CorVel shall invoice and bill directly all prescription fees to the specific claims file. CorVel uses Medi-Span as our AWP data source. CorVel’s Medi-Span database is updated daily and AWP values are applied on the date of dispense. In all states with the exception of California, Customer will be billed the lessor of the state fee schedule AWP or the CorVel’s negotiated rate. City of Clearwater Amendment 4 (Renewal, Pricing and Updates) to Managed Care Services Agreement 12-1-21 FINAL (iii) Both parties understand that pricing indices historically used (including under this Agreement) for determining the financial components of pharmacy billing rates are outside the control of CorVel and Customer. The parties also understand there are extra-market industry, legal, governmental and regulatory activities which may lead to changes relating to, or elimination of, these pricing indices that could alter the financial positions and expectations of both parties as intended under this Agreement. Both parties agree that, upon entering into this Agreement and thereafter, their mutual intent has been and is to maintain pricing neutrality as intended and not to benefit one party to the detriment of the other. Accordingly, to preserve this mutual intent, if pricing neutrality does change and CorVel undertakes any or all of the following: (a) Changes the AWP source, or other source if AWP is not applicable, across its book of business (e.g., from Medi-Span to First Databank); or (b) Maintains AWP, or other source if AWP is not applicable, as the pricing index with an appropriate adjustment in the event the AWP, or other, methodology and/or its calculation is changed, whether by the existing or alternative sources; or (c) Transitions the pricing index from AWP, our other source if AWP in not applicable, to another index or benchmark (e.g., to Wholesale Acquisition Cost); Customer’s negotiated PBM pricing will be modified as reasonably and equitably necessary to maintain the pricing intent under this Agreement. V. California Modification On April 15, 2016, the State of California Department of Industry Relations applied the new Federal Upper Limit (FUL) index to the California Pharmacy Workers’ Compensation Fee Schedule. The new FUL index has resulted in a need for CorVel to modify our current pricing structure based on the fee schedule changes and our contract language. The FUL’s impact and the modification is limited to generic drugs; brand drug pricing will not change. As per our contract, the modification will maintain “pricing neutrality” between both parties. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-10032 Agenda Date: 12/13/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve a Locally Funded Agreement between the State of Florida, Department of Transportation (FDOT), and the City of Clearwater to fund $250,000.00 of design fees for the State Road 60 (SR 60) Pedestrian Overpass from the Courtney Campbell Trail to Bayshore Trail and authorize the appropriate officials to execute same. (consent) SUMMARY: Trails are an essential part of the City of Clearwater's multi-modal transportation and recreation network. In 2004, the City identified both the Courtney Campbell Causeway Trail and the Ream Wilson Clearwater Trail, Bayshore segment, as trails needed in the bicycle and pedestrian master plan. Subsequently, both trails have been included in the Pinellas County long range transportation plan and have been funded and completed. The Courtney Campbell Causeway Trail currently terminates on the south side of SR 60 connecting to the Ream Wilson Clearwater Trail, Bayshore segment, on the north side utilizing a signalized pedestrian crosswalk. The current configuration slows down motor vehicle traffic on SR 60. The proposed overpass project will provide a safer alternative to the current at grade crossing for the trail users as well as enhance the traffic flow of motor vehicles on SR 60. On June 16, 2016, the Council approved supporting the SUN Trail funding to construct the Courtney Campbell Causeway Trail Overpass, authorized the City Manager to commit to the transfer of necessary city right-of-way/property for the project, and authorized the City Manager to execute a Memorandum of Understanding for maintenance of the overpass upon completion. The City desired to be a part of the design team and to assist in funding of the bridge aesthetics and has verbally committed to funding $1,000,000.00 to the project for both design and construction costs. The total costs for design work are $2,049,875.00, of which the City will commit $250,000.00 as part of this funding agreement. The remaining commitment of up to $750,000.00 to fund construction costs will be requested of the Council in a separate funding agreement once the plans are completed and the project is awarded. The design phase will take approximately one year. Page 1 City of Clearwater Printed on 12/10/2021 File Number: ID#21-10032 APPROPRIATION CODE AND AMOUNT: Funds are available in CIP 315-93272 “Bicycle Paths & Bridges.” USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 12/10/2021 City of Clearwater FPN: 437498 1 32 01 1 LOCALLY FUNDED AGREEMENT This Agreement made by and entered into on this _____day of __________, 202_, by and between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, whose address for purposes of this Agreement is 11201 North McKinley Drive, Tampa, Florida, 33612-6403, (“the DEPARTMENT"), and City of Clearwater, whose address for purposes of this Agreement is 100 South Myrtle Avenue, Clearwater, Florida, 33756 (“the CITY”); and WITNESSETH WHEREAS, the DEPARTMENT is authorized to enter into agreements with governmental entities in accordance with Chapter 334.044, Florida Statutes; and WHEREAS, the DEPARTMENT agrees to design the SR 60 (Courtney Campbell) Pedestrian Overpass from Courtney Campbell Trail to Bayshore Trail project as described in the DEPARTMENT’s Five-Year Adopted Work Program as Financial Project Number (FPN) 437498 1 32 01 (“the PROJECT”); and WHEREAS, the DEPARTMENT and the CITY have determined that it would be in the best interest of the general public and to the economic advantage of both parties to coordinate and cooperate in their efforts to facilitate development of the PROJECT; and WHEREAS, in order to complete the PROJECT, the CITY is prepared to provide financial assistance as provided in Exhibit “A.”; and WHEREAS, the CITY agrees to deposit funds with the Department of Financial Services in the amount of $250,000.00 (two hundred and fifty thousand dollars) for the PROJECT. SECTION 1 OBLIGATIONS OF THE DEPARTMENT 1.1 The DEPARTMENT shall be responsible for performing all design activities for this project. 1.2 The DEPARTMENT shall keep complete records and accounts in order to record complete and correct entries as to all costs, expenditures, and other items incidental to the cost of the PROJECT. City of Clearwater FPN: 437498 1 32 01 2 SECTION 2 OBLIGATIONS OF THE CITY 2.1 The CITY shall provide the funds needed to design the PROJECT in accordance with the provisions hereunder in Section 3, Financial Provisions. 2.2 The CITY will be responsible for providing $250,000 to aid the design of aesthetics and completion of the design phase of this project. SECTION 3 FINANCIAL PROVISIONS 3.1 The PARTIES recognize and accept the funding restrictions set forth in Section 339.135 (6)(a), and Section 166.241, Florida Statutes, which may affect each of the parties' obligations. Those provisions are as follows: (a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year. Section 339.135 (6)(a), Florida Statutes. (b) The PARTIES agree that in the event funds are not appropriated to the DEPARTMENT or the CITY for the PROJECT, this Agreement may be terminated, which shall be effective upon either party giving notice to the other to that effect. 3.2 The CITY shall furnish the DEPARTMENT with a deposit in the amount of $250,000.00 (two hundred and fifty thousand dollars) by January 19, 2022, for full payment of the estimated project cost for Locally Funded project number 437498 1 32 01. The DEPARTMENT may utilize this deposit for payment of the costs of the PROJECT. 3.3 If the actual cost of the PROJECT is less than the funds provided, the excess will be applied to other phases on the project. City of Clearwater FPN: 437498 1 32 01 3 3.4 E-VERIFY The DEPARTMENT: 1. Shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the DEPARTMENT during the terms of the contract; and 2. Shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by SUBCONTRACTOR during the contract term. SECTION 4 COMMENCEMENT AND TERMINATION OF AGREEMENT 4.1 This Agreement shall take effect upon being executed by the parties and shall be terminated upon the mutual consent of the parties. SECTION 5 MISCELLANEOUS PROVISIONS 5.1 Any amendment to or modification of this Agreement or any alteration, extension, supplement, or change of time or scope of work shall be in writing and signed by both parties. 5.2 Any notice or other document which either party is required to give or deliver to the other shall be given in writing and served either personally or mailed to: TO DEPARTMENT: TO CITY: Ms. Marcia Haines Mr. Art Kader FDOT City of Clearwater 1201 N. McKinley Drive, M.S. 7-350 100 S. Myrtle Ave, Room 220 Tampa, Florida 33612-6456 Clearwater, Florida 33756 5.3 If any word, clause, sentence, or paragraph of the Agreement is held invalid, the remainder of the Agreement would continue to conform to the intent of this Agreement. 5.4 This Agreement shall be governed and construed in accordance with the laws of the State of Florida. City of Clearwater FPN: 437498 1 32 01 4 5.5 Nothing herein shall be construed to create any third-party beneficiary rights in any person not a party to this Agreement. SECTION 7 ENTIRE AGREEMENT This document embodies the whole Agreement of the parties. There are no promises, terms, conditions, or allegations other than those contained herein, and this document shall supersede al previous communications, representations and/or agreements, whether written or verbal between the parties hereto. This Agreement may be modified only in writing executed by all parties. This Agreement shall be binding upon the parties, their successors, assigns and legal representative. City of Clearwater FPN: 437498 1 32 01 5 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives on the dates written below. CITY OF CLEARWATER ________________________ __________________________ FRANK HIBBARD JON JENNINGS MAYOR CITY MANAGER APPROVED AS TO FORM: ATTEST: ________________________ __________________________(SEAL) OWEN KOHLER ROSEMARIE CALL ASSISTANT CITY ATTORNEY CITY CLERK STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST_______________________ BY:__________________________ EXECUTIVE SECRETARY RICHARD MOSS, P.E. DIRECTOR OF TRANSPORTATION DEVELOPMENT, DISTRICT SEVEN _________________________ DATE ___________________________ FDOT LEGAL REVIEW DEPARTMENT OF TRANSPORTATION City of Clearwater FPN: 437498 1 32 01 6 EXHIBIT “A” PROJECT BUDGET This exhibit forms an integral part of that certain Locally Funded Agreement between the State of Florida, Department of Transportation and City of Clearwater, dated ____________________, 202_. I. TOTAL ESTIMATED COST.........................…… $2,049,875.00 II. PROJECT PARTICIPATION State Funds........................................................$1,799,875.00 Federal...............................................................$ 0.00 Local Funds..........…………………….……........$250,000.00 III. PROJECT funds are subject to legislative appropriation of available funds. City of Clearwater FPN: 437498 1 32 01 7 EXHIBIT “B” PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Locally Funded Agreement between the State of Florida, Department of Transportation, and the City of Clearwater, dated ____________________, 202_. PROJECT LOCATION: SR 60 (COURTNEY CAMPBELL) PEDESTRIAN OVERPASS FROM COURTNEY CAMPBELL TRAIL TO BAYSHORE TRAIL PROJECT DESCRIPTION: The project consists of the design of a pedestrian/bicyclist overpass on the east side of the intersection of SR 60 (Gulf to Bay) and Bayshore Blvd to include aesthetic treatments as the request of the CITY. SPECIAL CONSIDERATIONS BY DEPARTMENT AND CITY: The CITY shall provide the funds needed to design the PROJECT in accordance with the provisions hereunder in Section 3, Financial Provisions. The CITY will be responsible for providing $250,000 to aid the design of aesthetics and completion of the design phase of this project. The DEPARTMENT shall be responsible for performing all design activities for this project. All other provisions for the compliance of this Agreement shall remain in full force in accordance with State of Florida and Federal Laws. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-10033 Agenda Date: 12/13/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 5.2 SUBJECT/RECOMMENDATION: Approve a template for a Facility Use Agreement between the City of Clearwater and the Clearwater Horseshoe Club, Clearwater Lawn Bowls Club and Clearwater Shuffleboard Club, for the use and supervision of certain city-owned buildings and facilities from January 1, 2022 through December 31, 2022, with a one-year renewal option, and authorize the appropriate officials to execute same. (consent) SUMMARY: On August 20, 2015, the City Council approved entering into a Facility Use Agreement with the Clearwater Horseshoe Club, Clearwater Lawn Bowls Club and the Clearwater Shuffleboard Club for the use and supervision of certain city-owned facilities used for their various recreational activities. The current agreement with the corresponding groups expired on September 30, 2021. The clubs have expressed their desire to extend their relationship with the City by entering into a new agreement. By approving the Facility Use Agreement template, the Parks and Recreation Department may utilize a single agreement format with each adult group. The City, as allowed by available funding of the Parks and Recreation Department, shall provide financial support in the form of reimbursement of stormwater fees where applicable, and up to $2,500 towards operating expenses for the maintenance of courts and equipment as part of these agreements. The City will provide landscape and maintenance services, as well as capital improvements to the properties. Each group is required to provide an annual report of activities consisting of the number of clients served, costs of such service, commentary on the viability, effectiveness, and trends affecting the program and success of same. The Clearwater Lawn Bowls and Shuffleboard Clubs have been active in Clearwater for over 55 years, while the Horseshoe Club has offered programs at Ed Wright Park for over 35 years. All three of these adult groups continue to provide recreational opportunities to the citizens of Clearwater in their specific specialty. APPROPRIATION CODE AND AMOUNT: Funds are available in various Parks and Recreation Programming operating budgets and will be budgeted accordingly in future budget cycles. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 12/10/2021 1 FACILITY USE AGREEMENT This Partnership and Operational Support Agreement is made and entered into between the City of Clearwater, whose address is: Attn: Parks and Recreation Director, Post Office Box 4748, Clearwater, FL 33758-4748, (“City”), and _____________________ , whose address is: ____________________, Clearwater, FL _______ (“Club”). WHEREAS, it has been determined to be highly desirable and socially responsible to provide recreational activities and facilities to meet the needs of adults; and WHEREAS, the City desires to provide recreational programs and activities as a means to help adults; and WHEREAS, the City has recognized the need for adult programs as supported by the Parks and Recreation Master Plan; and WHEREAS, the Club has proposed to provide adult recreational experiences for local residents as described herein; and WHEREAS, the City owns the ____________and in specific the ________ and clubhouse (“Center”), located at , __________________________, Clearwater, and WHEREAS, the Club desires to continue its partnership with the City in providing adult programs by running the day to day operations and offering programs at the Center; and NOW, THEREFORE, the parties agree as follows: ARTICLE I. TERM 1. Term: The term of this agreement shall be for a period of one (1) year commencing on the 1st day of January , 2022 (“Effective Date”) and continuing through the 31st day of December , 2022 (“Termination Date”) unless earlier terminated under the terms of this agreement. 2. Options to Renew: This agreement may be extended by mutual written agreement for one (1) additional period of one (1) year, on the same terms and conditions as are set forth herein. ARTICLE II. RESPONSIBILITIES OF THE CLUB 1. Services to be Provided: One of the Club’s goals shall be to provide programs to meet the recreational needs of the ____________ community. a. Programs: The Club will provide for the supervision, maintenance, and programming of the facility described in this agreement. Some of the programs to be provided are as follows: i. Open _________ sessions 2 ii. Provide lessons and training for new ______ participants iii. Conduct tournaments iv. Provide social activities b. Assistance to the Community: The Club will maintain communication and interaction with the surrounding community through such avenues as: i. Facilitation and support of community meetings and activities ii. Facilitation and support for use of center as a voting site, if needed The Club may collect reasonable fees to cover any direct expenses associated with accommodating these requests. c. Assistance to the City: Provide Club personnel and volunteers to operate and provide programs at the Center. d. Hours of Operation: The Club will provide programs and activities at the Center on a weekly basis (Monday-Friday) and establish regular operation hours for a minimum of 20 hours per week, in season. Seasonal dates are defined as the months of to . 2. Area to be Served: Services rendered through this agreement shall be related to __________ activities, or other City approved similar activities, and provided primarily for the enjoyment of residents of Clearwater but will include residents of other areas in order to make the offerings of said program viable and successful. 3. Use of _____________ Facility: a. No Illegal Use: The Club promises and agrees that they will make or allow no unlawful, improper, or offensive use of the premises. Further, the Club understands and agrees that this provision specifically prohibits, among other acts, the sale, consumption, or use of alcoholic beverages or controlled substances anywhere in, on, or around the Center and those adjacent areas used by the Club. b. Rules for Use: Rules and regulations governing the use of the Center established by the Club, providing they are not in conflict or inconsistent with ordinances, policies, or operating rules of the City or of this agreement. Such rules and regulations developed by this Club may provide for and allow reasonable user fees to be retained by the Club. c. Inspection by City: The Club understands and agrees that the Center premises may be entered and inspected at any time by the City’s officers, agents, and employees. The City shall make its best effort to notify the Club at least 24 hours prior to any inspections but may enter the center at any time in its sole discretion. d. General Adherence to City Ordinances: Notwithstanding any limitations implied by the provisions above, the Club promises to observe all City ordinances and other 3 applicable laws. e. Signage: The Club may place an identification sign on the Center or in the parking lot according to City codes with approval from the City at the Club’s expense. All signage must follow the City sign code and shall be approved by the City prior to being placed. f. Structure: No permanent alterations or improvements to the interior or exterior of the building may be made without the written consent of the City. Any permanent structural additions approved by the City will become City property. g. Assignment: This agreement is not assignable. Any attempt to assign the rights under this Agreement, or any portion thereof shall result in automatic termination and render this Agreement null and void in all respects. h. Concessions: The Club is not permitted to operate a concession stand when an outstanding City agreement is in place. The Club will not engage in private third-party operations of the concession stand. In the absence of an outstanding City agreement, the Club is permitted to operate a concession stand within the amenity parameters of the facility. The Club 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. Any Club 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 or volunteers. It is the responsibility of the certified manager or person in charge to train or ensure the training of all employees or volunteers 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 or volunteers 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 or volunteers shall present this inspection form to guests or patrons for their review upon request. Any use of food trucks must be approved by the City of Clearwater and follow all City policies and procedures regarding food trucks operating on City property. 4. Maintenance of the Premises by the Club: a. Custodial Maintenance: The Club shall maintain the Center and adjacent areas used by the Club in a clean and orderly condition. 4 b. Repair of Damage: The Club understands and agrees that it is responsible for and will cause to be repaired at the Club’s expense damage to the premises as a result of their occupancy other than normal wear and tear, vandalism, or storms. Any damage occurring as a result of normal wear and tear, vandalism, or storms is to be reported to the city liaison as soon as possible. c. Site Visits: Monthly site visits will be performed by a representative of the Athletics Division. 5. Payment for all Operating Expenses: The Club is responsible to pay all operating expenses associated with the Center, to include utilities, as well as any of its programs, except those specifically identified under Article III, Section 2. 6. Scheduled Reports of Club Activities: a. The Club shall furnish the City Parks and Recreation Department with an annual report of activities conducted under the provisions of this agreement within sixty (60) days of the end of the Club’s fiscal year. Each report is to identify the number of clients served, the type of activities and programs offered, and costs of such services. See Exhibit A. b. The Club agrees to submit progress reports and other information in such format as may be prescribed by the City, and to cooperate in site visits and other on-site monitoring including, but not limited to, access to sites, staff, fiscal and client records and logs, and the provision of related information. 7. Creation, Use, and Maintenance of Financial Records: a. Creation of Records: The Club shall create and maintain financial and accounting records, books, documents, policies, procedures, and any information necessary to reflect fully the financial activities of the Club. Such records shall be available and accessible at all times for inspection, review, or audit by authorized City representative and shall produce such records as required by law. b. Use of Records: The Club shall produce such reports and analyses that may be required by the City to document the proper and prudent stewardship and use of the facilities. c. Maintenance of Records: All records created hereby are to be retained and maintained according to the State of Florida General Records Schedule. 8. Management Letter: Within ninety (90) days of the close of its fiscal year, the Club agrees to submit to the City a management letter detailing the officers of the Club, by- laws, and/or rules of the Club and identify fees and donations, and expenditures by the Club. See Exhibit B. 5 9. Non-discrimination: Not withstanding any other provisions of this agreement during the term of this agreement, the Club for itself, agents, and representatives, as part of the consideration for this agreement, does covenant and agree that: a. Non-discrimination: The Club agrees that no person shall, on the grounds of race, sex, handicap, national origin, religion, marital status, or political belief, be excluded from participation in, denied the benefit(s) of, or be otherwise discriminated against as an employee, volunteer, or client of the provider. The Club agrees to maintain reasonable accommodation and access for handicapped persons as required by law. b. Inclusion in Sub-Contracts: The Club agrees to include the requirements to adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approved sub-contracts. c. Breach of Non-discrimination Covenants: In the event of conclusive evidence of a breach of any of the above non-discrimination covenants, the City shall have the right to terminate this agreement immediately. 10. Publicizing of City Support: The Club agrees to utilize every reasonable opportunity to publicize the support received from the City. Any Club promotional materials utilizing the City logo or documenting support must be approved by the City before distribution. 11. Liability and Indemnification: The Club shall act as an independent contractor and agrees to assume all risks of providing the program activities and services herein agreed and all liability therefore, and shall defend, indemnify, and hold harmless the City, its officers, agents, and employees from and against any and all claims of loss, liability, and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property, except claims arising from the negligence of the City or City’s agents or employee. This includes, but is not limited to, matter arising out of a claim to have been caused by or in any manner related to the Club’s activities or those of any approved or unapproved invitee, contractor, sub contractor, or other person approved, authorized, or permitted by the Club in or about the premises whether or not based on negligence. Nothing herein shall be construed as consent by the City to be sued by third parties, or as a waiver or modification of the provisions of Section 768.28, Florida Statues or the Doctrine of Sovereign Immunity. 12. Insurance Requirements: The Club 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 Club 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 the Agreement. These insurance requirements shall not limit the liability of the Club. The City does not represent that these types or amounts of insurance to be sufficient or adequate to protect the Club’s interests or liabilities, but are merely minimums: 6 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 Club, 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 Club 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 Club. 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 Dishonest Coverage iii. Sexual Abuse & Molestation Coverage iv. Workers Compensation Coverage v. Employers Liability Insurance 13. 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. 14. OTHER INSURANCE PROVISIONS: The General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions: a. PRIMARY INSURANCE COVERAGE: For any claims related to this Agreement, the Club’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 Club’s insurance and shall not contribute to it. b. RIGHT OF RECOVERY: Except for Workers’ Compensation, the Club waives its right of recovery against the City, to the extent permitted by its insurance policies. 15. CERTIFICATE OF INSURANCE/CERTIFIED COPIES OF POLICIES: The Club will provide the City with a Certificate or Certificates of Insurance showing the existence of coverage as required by the Agreement. In addition, the Club will provide to the City, if asked in writing, certified copies of all policies of insurance. The Club 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 7 Clearwater, FL 33755 And City of Clearwater Attention: Risk Manager 100 S. Myrtle Ave. Clearwater, FL 33756 ARTICLE III. RESPONSIBILITIES OF THE CITY 1. Grant of Funds: a. The City will not be providing any monetary funding as part of this Agreement except those specifically identified under Section 2 below. 2. Grant of In-Kind Services: a. The City agrees to provide lawn and landscape maintenance services for all areas in the park and around the Center. b. The City agrees to pay for the cost of stormwater fees where applicable. c. The City will provide for operating funds in the amount of $2,500 to cover equipment and court maintenance. d. The City will provide replacement for all major capital components as determined by the City. e. The City will allow the Club to use an agreed upon inventory of existing furnishings, remaining on site i.e. chairs, tables, file cabinets, and desks. The Club will be responsible for maintenance and replacement of items if needed. f. The City will not provide any other additional in-kind services, supplies, labor, or equipment whether on loan to or for consumption by the Club. 3. City Liaison: A dedicated staff member from the Athletics Office will serve as the City Liaison for the Club. ARTICLE IV. DISCLAIMER OF WARRANTIES This agreement constitutes the entire agreement between the parties on the subject hereof and may not be changed, modified, or discharged except by written Amendment duly executed by both parties. No representations or warranties by either party shall be binding unless expressed herein or in a duly executed amendment hereof. ARTICLE V. TERMINATION 8 1. With or Without Cause: Either Party may terminate this Agreement with thirty (30) days written notice without any further obligation. The City may terminate this Agreement immediately for failure to adhere to any of the provisions of this Agreement as determined by the City in its sole discretion. Upon such termination, the Club shall remit to the City all monies due hereunder within fifteen (15) days. 2. For Municipal Purpose: The City may terminate this agreement in the event it determines that the premises are required for any other municipal purposes by giving ninety (90) days written notice of such intended use, following which this Agreement shall terminate in every respect, and both parties shall be relieved of any further obligations hereunder, except resulting from the operation hereof, together with any other monies due in accordance with this Agreement. ARTICLE VI. NOTICE Any notice required or permitted to be given by the provision of this agreement shall be conclusively deemed to have been received by a party hereto on the date it is hand-delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. 1. If to City, addressed to Parks and Recreation Director, P.O. Box 4748, Clearwater, FL 33758. With copy to: City Attorney, P.O. Box 4748, Clearwater, FL 33758. 2. If to Club, addressed to __________________________, Clearwater, FL _______. ARTICLE VII. EFFECTIVE DATE The effective date of this agreement shall be as of the 1st day of January 2022 . IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of , 2021 . 9 Countersigned: CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard Jon Jennings Mayor City Manager Approved as to form: Attest: Owen Kohler Rosemarie Call Assistant City Attorney City Clerk Club: By: Printed Name: Chief Executive Officer/President of Club 10 Exhibit A– Club Annual Report of Activities Fiscal Year Dates: Report Due 60 Days After Fiscal Year End: • Number of Clients Served: • Types of Activities/Programs Offered Cost of Service o $ o $ o $ o $ o $ Examples include but are not limited to Lessons, Open House, Open Play, etc. 11 Exhibit B – Club Management Letter Fiscal Year Dates: Report Due 90 Days After Fiscal Year End: • Officers of the Organization President: Phone Number: E-Mail: Vice President: Phone Number: E-Mail: Secretary: Phone Number: E-Mail: Treasurer: Phone Number: E-Mail: • By Laws and/or Rules of the Organization Please attach a separate document to this sheet • Revenue and Expense report. Below is an example: REVENUE EXPENSES Amount Item Amount Item Concessions Advertising/Marketing Donations Awards Fundraisers Concessions Miscellaneous Insurance Registration/Membership/Dues Maintenance Sponsorships Miscellaneous Tournaments Office Supplies Referees/Officials Sanctioning Fees Utilities Total Revenue Total Expenses Total Profit/Loss Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-10037 Agenda Date: 12/13/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 5.3 SUBJECT/RECOMMENDATION: Authorize Guaranteed Maximum Price proposals to Keystone Excavators, Inc. of Oldsmar, FL, in the amount of $2,151,361.10 and Certus Builders of Bristol, FL, in the amount of $431,991.00, each of which includes a 10% contingency, for renovations and improvements of Del Oro Park and new trail head located at 401 N. McMullen Booth Road, pursuant to Request for Qualifications (RFQ) 40-20, Construction Manager at Risk Services Continuing Contracts; capital improvement project transfers of $786,000.00 from ENST180005, Coastal Basin; $400,000.00 from C2209, Neighborhood Parks; and $1,050,000.00 from 93272, Bicycle Trails/Bridges to project 93667, Del Oro Park Renovations, and authorize the appropriate officials to execute same. (consent) SUMMARY: On September 17, 2020, Council approved the use of thirteen firms to serve as Construction Managers at Risk (CMAR) for Continuing Contracts under RFQ 40-20 and Keystone Excavators, Inc., and Certus Builders were selected as two of the approved firms. Del Oro Park is a neighborhood park (24.16 ac) that has served the recreational needs of the residents in the eastern portion of Clearwater and surrounding communities for over 50 years. One of the most beautiful parts of the Ream Wilson Trail runs through Del Oro Park to Tampa Bay and the connection to either Safety Harbor or the Courtney Campbell Causeway. Due to this ideal location on the trail, the City purchased two parcels adjacent to and north of Del Oro Park to be developed into a trail head for the Ream Wilson Trail and other trails in the community. Part of this project will be to construct the new trail head which will consist of restrooms, parking, covered shelter, water fountain, air pumping station, bike racks and other park amenities. The park has seen heavy use by the neighborhood as well as persons from outside the Del Oro Park area, therefore a project was established to make needed renovations to the park and to address flooding issues for several homes on the south side of the park on Bordeaux Lane . This project will relieve flooding for approximately 9 homes south of the park as well as address overflow into neighborhood streets. This is an excellent example of where the Engineering and Parks and Recreation Departments have collaborated to address needs of both departments. Staff has worked closely with the Del Oro Homeowners Association, residents south of the Page 1 City of Clearwater Printed on 12/10/2021 File Number: ID#21-10037 park, the Engineering Department and the City’s Neighborhood Coordinator to develop a plan to renovate the park and address the drainage issues. Keystone Excavators Inc. will be responsible for the majority of the work which includes all sitework needed for the project, construction of stormwater improvements, basketball court, tennis courts, parking lot, sidewalks etc. Certus Builders will construct the restroom shelter building and install shade structures in the park. The remaining items needed to complete the park renovation project include cost of sodding, fencing and park furniture which will be procured in the future using existing vendors /contracts. To establish total project funding staff is recommending project budget transfers identified in this agenda item. The funds being transferred were planned for this purpose, budgeted in other “umbrella” projects while the details and timeline of the Del Oro Park renovations were developed. This is a 270-day contract which is anticipated to begin in January and be completed by late October 2022. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendments will transfer $786,000.00 of stormwater revenue from ENST180005, Coastal Basins; $400,000.00 of sales tax infrastructure revenue (Penny for Pinellas) from C2209, Neighborhood Parks; and $1,050,000.00 of sales tax infrastructure revenue (Penny for Pinellas) from 93272, Bicycle Trails/Bridges to project 93667, Del Oro Park Renovations to provide total project funding. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 12/10/2021 Proposal 11/17/2021 TO: Leroy Chin, Park Planning & Project Manager City of Clearwater 100 S. Myrtle Ave., Suite 120 Clearwater, FL 33756 RE: DEL ORO PARK IMPROVEMENTS NEW RESTROOM BUILDING CONTRACT NO. 16-0020-PL CITY PROJECT NO. 2016022 As requested, enclosed is the proposal for construction of the Del Oro Park Improvements New Restroom Building submitted in accordance with technical specs/plans/study/clarifications of this letter/attached line item work,etc., for a Guaranteed Maximum Price of $431,991.00. Scope of Work: As per plans by Plisko Archtiecture, P.A. AIA dated 7/15/2020, specifications dated 7/15/2020, and attached Summary with list of clarifications dated 11/4/2021. Cost Detail: Description Amount Cost of Work $289,316.30 Subtotal $289,316.30 General Conditions $52,405.28 GL and Builders Risk Insurance $9,742.50 P&P Bond $13,856.00 Construction Management Fee $27,399.01 Contingency 10% $39,271.91 Guaranteed Maximum Price $431,991.00 Project Duration shall be 180 calendar days from the date of the Notice to Proceed. Existing Contract: This proposal is submitted in conjunction with the existing Construction Manager at Risk Services Continuing Contract entered into with the City of Clearwater on September 23, 2020, based on RFQ #40-20. If GMP Exceeds $150,000: Per Section III, Article 5.1 of the Contract Specifications, the contractor shall provide to the public entity a certified copy of the recorded bond. Once the City receives a certified copy of the recorded bond, a Notice to Proceed may be issued. Include the attached bond form as well as the Power of Attorney. For work performed, invoices shall be submitted to the City of Clearwater, Parks & Recreation Department, Attn: Leroy Chin, Park, Planning and Project Manager, P.O. Box 4748, Clearwater, Florida, 33758-4748. Contingency services may be billed only after written authorization is provided by the City to proceed with those services. CERTUS BUILDERS, INC. By: _________________________________ Sharon A Sumner President _____________________________________ Date CITY OF CLEARWATER, FLORIDA Approved as to form: Attest: ____________________________ By: _______________________________ David Margolis Rosemarie Call City Attorney City Clerk Countersigned: ____________________________ ___________________________________ Frank Hibbard Jon Jennings Mayor City Manager ____________________________ ___________________________________ Date Date Bond No.:____TBD____________ PUBLIC CONSTRUCTION BOND (1) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph.” CONTRACTOR SURETY OWNER Certus Builders, Inc. PO Box 116 Bristol, FL 32321 (850) 558-5693 Westfield Insurance Company P. O. Box 5001, Westfield Center, OH 44251 - 5001. (330) 887-0101 City of Clearwater Parks & Recreation Department 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4856 PROJECT NAME: Del Oro Park Improvements New Restroom Building PROJECT NO.: 2016022 PROJECT DESCRIPTION: construct new restroom facility at the Del Oro park BY THIS BOND, We Certus Builders, Inc., as Contractor, and Westfield Insurance Company, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $431,991.00, for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the proposal dated 11/17/2021, between Contractor and Owner for construction of Del Oro Park Improvements New Restroom Building, the contract documents being made a part of this bond by reference (which include the Advertisement for Bids, Proposal, Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and Appendix, and such alterations as may be made in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the contract; and Bond No.:______TBD__________ PUBLIC CONSTRUCTION BOND (2) 4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of the construction contract; and 5. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 6. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. 7. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety’s obligation under this bond, and Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. (If sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). Certus Builders, Inc. By: _____________________________ Title: ____________________________ Print Name: _______________________ WITNESS: WITNESS: _________________________________ _________________________________ Corporate Secretary or Witness Print Name: _______________________ Print Name: _______________________ (affix corporate seal) Westfield Insurance Company By: _____________________________ ATTORNEY-IN-FACT Print Name: ___Kevin Wojtowicz_____________ (affix corporate seal) (Power of Attorney must be attached) November 30, 2021 City of Clearwater 100 S. Myrtle Ave., Suite 120 Clearwater, FL 33756 Project: DEL ORO PARK IMPROVEMENTS NEW RESTROOM BUILDING Estimated Amount: $431,991.00 To Leroy Chin, Park Planning & Project Manager, It is the intent of Nielson, Wojtowicz, Neu and Associates, as agent Westfield Insurance Company, as Surety Company, to provide 100% performance and payment bonds on behalf of Certus Builders, Inc for the above referenced project. We hope the above demonstrates our utmost confidence in Certus Builders, Inc., we have bonded them for years with no problems whatsoever. We hold them in the highest regards with respects to both character and expertise. As always, Westfield Insurance Company reserves the right to perform normal underwriting at the time of any bond request, including, without limitation, prior review and approval of relevant contract documents, bond forms, and project financing. We assume no liability to any Obligee, Certus Builders, Inc., or their affiliates if for any reason we do not execute such bonds. Westfield Insurance Company is listed on the U.S. Treasury Department’s Listing of Approved Sureties (Department Circular 570), and is rated A XV by A.M. Best Company. Sincerely, Kevin Wojtowicz Attorney-In-Fact Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-10017 Agenda Date: 12/13/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve an ancillary agreement with Axon Enterprise, Inc. of Scottsdale, AZ, in the amount of $375,074.99, for the purchase of additional body camera equipment, digital evidence storage and management, licensing, and training, in accordance with City Code of Ordinances Section 2.563(1)(c), Piggyback; and authorize the appropriate officials to execute same. (consent) SUMMARY: In 2018, Request for Proposal (RFP) 29-18, Digital Evidence Management System was issued to create operational efficiencies regarding evidence location/retention, address public records requests, and aggregate and control property disposals relating to electronic evidence or items which could be digitized. The RFP Committee, comprised of members from Clearwater Police Department’s (CPD) Property/Evidence unit, Records unit, CPD management, and the City’s Information Technology Department evaluated proposals received from six vendors and shortlisted two for further review. Following presentations, the selection committee made an intent to award to Axon Enterprise, Inc. (Axon) which was approved by Council on February 7, 2019. The agreement provides for a Digital Evidence Management System which supplies a common platform for all department employees and allows CPD to share records with the State Attorney’s Office, private attorneys, and citizens. This program was also anticipated to be the foundational system to develop and implement a Police Body Worn Camera (BWC) program. On April 18, 2019, Council approved CPD’s request to incorporate five interview room cameras and one Driving Under the Influence (DUI) room camera into the Digital Evidence Management System. Subsequent to this, CPD has added several in-cruiser video systems which are directly compatible with this system. In July 2020, the City Council directed the Police Department to incorporate a BWC program. The proposed BWC program was also a product of the Axon and works in integration with the Digital Evidence Management System. In August 2020, the City Council approved an agreement, to provide 200 Axon “Body 3” cameras, docking bays, storage, licensing, and training to fulfill the July 2020 directive. The BWC program was launched in January 2021 primarily to our uniformed personnel. Page 1 City of Clearwater Printed on 12/10/2021 File Number: ID#21-10017 CPD now seeks to expand the BWC program to all sworn personnel. As a result, CPD is now seeking approval for 45 additional Axon “Body 3” cameras, docking bays, storage, and applicable licensing. This will provide a body worn camera to each detective, as well as managerial and command ranks of CPD. The pricing included in this agreement was competitively solicited and obtained through the National Purchasing Partners (NPP), contract number VH11629, Law Enforcement Equipment, a national resource for public entities for similar public solicitations; the City of Clearwater is a participating member in this partnership. This ancillary 44-month agreement will align the additional cameras with the existing five-year BWC agreement with Axon Enterprise, Inc. Costs for the initial year, specific to this ancillary agreement, are $93,768.75; annual recurring costs for years 2 through 4, specific to the BWC are $281,306.25 in total. CPD has funding available for the first year of this agreement. Future fiscal year funding will be required through the annual Operating Budget Process. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will transfer $40,455 from special program 181-99387, Federal Forfeiture Sharing, and $53,314 from the Police Department operating budget to special program P2002, Police Body Worn Camera Program to fund the first year of this agreement. Future years of this agreement will be an annual increase of $93,768.75 to the Police Department operating budget. Page 2 City of Clearwater Printed on 12/10/2021 Second Amendment to LAW ENFORCEMENT EQUIPMENT RFP 2010 Master Price Agreement Product Line Addition This Amendment to the Master Price Agreement is entered into this _____ day of August, 2020 by LEAGUE OF OREGON CITIES LOC (“Purchaser”) and AXON ENTERPRISE, INC. (“Vendor”) based upon the sales and/or service of Law Enforcement Equipment. RECITALS WHEREAS, Purchaser and Vendor entered into a Master Price Agreement on or about June 8, 2020 and by this reference incorporated herein; and WHEREAS, Purchaser and Vendor entered into an Amendment to the Master Price Agreement on or about July 20, 2020 and by this reference incorporated herein; and WHEREAS, Vendor desires to add their camera product line as permitted under the terms of the Master Price Agreement; and WHEREAS, Vendor desires to update the Master Services and Purchasing Agreement found in Attachment F of the Master Price Agreement; and WHEREAS, Vendor has provided notice, on or about August 11, 2020, to add the camera product line and the Vendor’s Master Services and Purchasing Agreement in the Master Price Agreement; and WHEREAS, Purchaser and Vendor desire that the Master Price Agreement shall be amended in part to reflect the product line addition. DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 20th 2 AMENDMENT TO MASTER PRICE AGREEMENT 1.Product Addition. Attachment A to the Master Price Agreement shall be amended in part to reflect the following product addition: ATTACHMENT A to Master Price Agreement by and between VENDOR and PURCHASER. ADDITIONAL VENDOR TERMS OF PURCHASE, IF ANY. Product Code Product Name List Price Note 11000 HANDLE, BLACK, CLASS 2, X26P $ 1,113.00 11001 HANDLE, YELLOW, CLASS 2, X26P $ 1,113.00 11002 BLACK X26P CEW, HANDLE $ 1,113.00 11003 YELLOW X26P CEW, HANDLE $ 1,113.00 11004 WARRANTY, 4 YEAR, X26P $ 346.00 11008 WARRANTY, 2 YEAR, X26P $ 160.00 11009 HANDLE, GREEN, CLASS 3R, X26P $ 1,113.00 11010 XPPM, SPARE CARTRIDGE BATTERY PACK, X26P $ 79.50 11015 XAPPM, SPARE CARTRIDGE, AUTO SHUT-DOWN BATTERY PACK, X26P $ 85.75 11017 WARRANTY, 1 YEAR EXTENDED, X26P $ 124.50 11021 X26P BLACK, CLASS 3R LASER, KOREA $ 1,113.00 11023 HANDLE, BLUE, DEMO/LASER POINTER, X26P $ 159.50 11026 HANDLE, BLUE, SIMULATOR, X26P $ 701.00 11500 HOLSTER, BLADE TECH, RIGHT, X26P $ 70.50 11501 RIGHT-HAND HOLSTER, X26P, BLACKHAWK $ 70.50 11502 HOLSTER, SAFARILAND, BASKETWEAVE, RIGHT, X26P $ 104.50 11503 HOLSTER, BLADE TECH, LEFT, X26P $ 70.50 11504 LEFT-HAND HOLSTER, X26P, BLACKHAWK $ 70.50 11505 HOLSTER, SAFARILAND, BASKETWEAVE, LEFT, X26P $ 104.50 11507 MOLLE MOUNT, SINGLE, AXON RAPIDLOCK $ 31.30 11508 MOLLE MOUNT, DOUBLE, AXON RAPIDLOCK $ 41.75 11509 BELT CLIP, RAPIDLOCK $ 31.30 11511 ROUTER ANTENNA, FLEET $ 270.00 11528 FLEX 2 CAMERA, (ONLINE) $ 470.00 11529 FLEX 2 CAMERA, (OFFLINE) $ 679.00 11532 FLEX 2 CONTROLLER $ 262.00 11533 CABLE, COILED, STRAIGHT TO RIGHT ANGLE, 48 IN, FLEX 2 $ 18.30 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 $ 11.00 11536 DOCK, FLEX 2, 1-BAY + CORE $ 413.00 11537 DOCK, FLEX 2, 6-BAY + CORE $ 1,563.00 11538 DOCK, FLEX 2, 1-BAY $ 99.00 11539 DOCK, FLEX 2, 6-BAY $ 1,249.00 11544 OAKLEY FLAK JACKET KIT, FLEX 2 $ 171.50 11545 COLLAR MOUNT, FLEX 2 $ 42.85 11546 EPAULETTE MOUNT, FLEX 2 $ 31.90 11547 BALLCAP MOUNT, FLEX 2 $ 30.35 DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 3 11548 UNIVERSAL HELMET MOUNT, FLEX 2 $ 28.25 11549 TACTICAL SWAT KIT, W/ ARC RAIL, FLEX 2 $ 68.00 11553 SYNC CABLE, USB A TO 2.5MM $ 10.45 11554 CLIP, OAKLEY, FLEX 2 $ 24.05 11555 MOUNT, BALLISTIC VEST, FLEX 2 $ 32.40 11557 TACTICAL HOLSTER PLATFORM, Y-HARNESS, WITH HARDWARE $ 55.50 11561 C-CLIP ADAPTOR, FLEX 2 $ 12.55 11564 2 YEAR TAP FLEX 2 REPLACEMENT $ - Bundle Component, not for independent sale 11565 2 YEAR TAP DOCK FLEX 2 SINGLE BAY REPLACEMENT $ - Bundle Component, not for independent sale 11566 2 YEAR TAP DOCK FLEX 2 SIX BAY REPLACEMENT $ - Bundle Component, not for independent sale 11567 2 YEAR TAP DOCK FLEX 2 SIX BAY + CORE REPLACEMENT $ - Bundle Component, not for independent sale 11568 2 YEAR TAP DOCK FLEX 2 SINGLE BAY + CORE REPLACEMENT $ - Bundle Component, not for independent sale 11569 2.5 YEAR TAP FLEX 2 REPLACEMENT $ - Bundle Component, not for independent sale 11570 2.5 YEAR TAP DOCK FLEX 2 SINGLE BAY REPLACEMENT $ - Bundle Component, not for independent sale 11571 2.5 YEAR TAP DOCK FLEX 2 SIX BAY REPLACEMENT $ - Bundle Component, not for independent sale 11572 2.5 YEAR TAP DOCK FLEX 2 SIX BAY + CORE REPLACEMENT $ - Bundle Component, not for independent sale 11573 2.5 YEAR TAP DOCK FLEX 2 SINGLE BAY + CORE REPLACEMENT $ - Bundle Component, not for independent sale 11574 3 YEAR TAP FLEX 2 REPLACEMENT $ - Bundle Component, not for independent sale 11575 3 YEAR TAP DOCK FLEX 2 SINGLE BAY REPLACEMENT $ - Bundle Component, not for independent sale 11576 3 YEAR TAP DOCK FLEX 2 SIX BAY REPLACEMENT $ - Bundle Component, not for independent sale 11577 3 YEAR TAP DOCK FLEX 2 SIX BAY + CORE REPLACEMENT $ - Bundle Component, not for independent sale 11578 3 YEAR TAP DOCK FLEX 2 SINGLE BAY + CORE REPLACEMENT $ - Bundle Component, not for independent sale 11579 3.5 YEAR TAP FLEX 2 REPLACEMENT $ - Bundle Component, not for independent sale 11580 3.5 YEAR TAP DOCK FLEX 2 SINGLE BAY REPLACEMENT $ - Bundle Component, not for independent sale 11581 3.5 YEAR TAP DOCK FLEX 2 SIX BAY REPLACEMENT $ - Bundle Component, not for independent sale 11582 3.5 YEAR TAP DOCK FLEX 2 SIX BAY + CORE REPLACEMENT $ - Bundle Component, not for independent sale 11583 3.5 YEAR TAP DOCK FLEX 2 SINGLE BAY + CORE REPLACEMENT $ - Bundle Component, not for independent sale 11584 4 YEAR TAP FLEX 2 REPLACEMENT $ - Bundle Component, not for independent sale 11585 4 YEAR TAP DOCK FLEX 2 SINGLE BAY REPLACEMENT $ - Bundle Component, not for independent sale 11586 4 YEAR TAP DOCK FLEX 2 SIX BAY REPLACEMENT $ - Bundle Component, not for independent sale 11587 4 YEAR TAP DOCK FLEX 2 SIX BAY + CORE REPLACEMENT $ - Bundle Component, not for independent sale 11588 4 YEAR TAP DOCK FLEX 2 SINGLE BAY + CORE REPLACEMENT $ - Bundle Component, not for independent sale 11606 SPRING ARM, REPLACEMENT 10-PACK, RAPIDLOCK $ 10.45 11609 SMART WEAPON TRANSITION SERVICE $ 2,000.00 11610 SMART WEAPON TRANSITION SERVICE, 1 DAY ADD-ON $ 1,000.00 11613 MODEM, FIRSTNET/BAND 14 $ 550.00 11614 DOCK, COR EXTENSIBILITY $ 180.00 11615 ARC RAIL MOUNT, FLEX 2 $ 26.15 11617 SMALL WALL-MOUNT CABINET WITH CABLE MANAGEMENT $ 969.00 11618 LARGE ROLLING CABINET WITH CABLE MANAGEMENT $ 1,194.00 11619 RACK-MOUNT UPS $ 229.00 DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 4 11620 ADDITIONAL CUSTOM FLEET TRIGGER and INSTALLATION (1 PER) $ 99.00 11622 CRADLEPOINT IBR900-600M-NPS + 5YR NETCLOUD ESSENTIALS (PRIME $ 1,379.00 11634 CRADLEPOINT IBR900-1200M-NPS+5 YEAR NETCLOUD ESSENT (PRIME) $ 1,509.00 11635 CRADLEPOINT IBR1700-1200M-NPS+5 YEAR NETCLOUD ESSENT (PRIME) $ 2,159.00 11636 CRADLEPOINT FIPS IBR1700-1200M-NPS+5 YR NETCLD ESSENT PRIME $ 2,589.00 11637 CRADLEPOINT FIPS IBR900-600M-NPS+5 YEAR NETCLD ESSENT PRIME $ 1,929.00 11638 CRADLEPOINT FIPS IBR900-1200M-NPS+5 YEAR NETCLD ESSENT PRIME $ 2,059.00 11639 CRADLEPOINT FIPS IBR1700-600M-NPS+5 YEAR NETCLOUD ESSENT (PR $ 2,359.00 11640 CRADLEPOINT ROUTER POWER SUPPLY $ 25.00 11641 ANNUAL RENEWAL, CRADLEPOINT ROUTER LICENSE, NETCLOUD MANAGER $ 180.00 11700 MINI MOLLE MOUNT, AXON RAPIDLOCK $ 31.30 11701 SEW-ON NYLON LOOP FOR CAMERA MOLLE MOUNT $ 3.99 11702 ACTION CAMERA MOUNT, AXON RAPIDLOCK $ 29.95 11703 MINI MOLLE MOUNT, AXON RAPIDLOCK $ 29.95 11704 JACKET MOUNT, AXON RAPIDLOCK $ 29.95 11705 SLIM MOUNT, AXON RAPIDLOCK $ 29.95 11706 LOOP LOCK MOUNT, AXON RAPIDLOCK $ 29.95 11707 OAKLEY FLAK 2.0 MOUNT, AXON FLEX 2 $ 29.95 20004 CARTRIDGE, SOFT CONTACT, LIVE SIMULATION TRAINING, SMART $ 39.75 20006 HOLSTER, BLADE TECH, RIGHT, X2, LARGE TMMS INNER CONFIGURATI $ 89.00 20007 HOLSTER, BLADE TECH, LEFT, X2, LARGE TMMS INNER CONFIGURATIO $ 89.00 20008 TASER 7 HANDLE, HIGH VISIBILITY (GREEN LASER), CLASS 3R $ 1,720.00 20009 TASER 7 HANDLE, HIGH VISIBILITY (GREEN LASER), CLASS 2 $ 1,720.00 20010 TASER 7 HANDLE, STANDARD (RED LASER), CLASS 3R $ 1,720.00 20012 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) $ 38.00 20013 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) $ 38.00 20014 TASER 7 HOOK-AND-LOOP TRAINING (HALT) CARTRIDGE, STANDOFF (3 $ 38.00 20015 TASER 7 HOOK-AND-LOOP TRAINING (HALT) CARTRIDGE, CLOSE QUART $ 38.00 20016 TASER 7 INERT CARTRIDGE, STANDOFF (3.5-DEGREE) $ 49.00 20017 TASER 7 INERT CARTRIDGE, CLOSE QUARTERS (12- DEGREE) $ 49.00 20018 TASER 7 BATTERY PACK, TACTICAL $ 86.00 20019 TASER 7 BATTERY PACK, COMPACT $ 86.00 20020 TASER 7 BATTERY PACK, NON-RECHARGEABLE $ 69.00 20022 TASER 7, HANDLE, GRN, HIGH VISIBILITY (GRN LASER), CLASS 3R $ 1,750.00 20023 TASER 7, TRAINING HANDLE, BLUE RUBBER $ 60.00 20028 TASER 7 TRN CARTRIDGE ALLIGATOR CLIP STAND-OFF (3.5 DEGREE) $ 59.00 20029 TASER 7 TRN CARTRIDGE ALLIGATOR CLIP STAND-OFF (12 DEGREE) $ 59.00 20033 TASER 7 CORRECTIONS BATTERY LANYARD ACCESSORIES $ 10.00 20034 TASER 7 10 YEAR HANDLE WARRANTY - Bundle Component, not for independent sale 20035 TASER 7 10 YEAR BATTERY WARRANTY - Bundle Component, not for independent sale 20036 TASER 7 10 YEAR DOCK WARRANTY - Bundle Component, not for independent sale 20040 TASER 7 HANDLE WARRANTY, 4-YEAR $ 300.00 20041 TASER 7 BATTERY PACK WARRANTY, 4-YEAR $ 18.00 DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 5 20042 TASER 7 DOCK & CORE WARRANTY, 4-YEAR $ 300.00 20046 TASER 7 SINGLE BAY DOCK + CORE WARRANTY, 4-YEAR $ 130.00 20047 TASER 7 6-BAY BATTERY DATAPORT WARRANTY, 4-YEAR $ 240.00 20048 TASER 7 DISCONNECT BATTERY PACK WARRANTY, 4-YEAR $ 30.00 20050 HOOK-AND-LOOP TRAINING (HALT) SUIT $ 750.00 20058 TASER 7 CARTRIDGE CARRIER, POUCH (SOFT), S.O. TECH $ 19.95 20059 TASER 7 CARTRIDGE CARRIER, SAFARILAND $ 22.50 20060 TASER 7 HOLSTER - S.O. TECH, RIGHT HAND $ 80.00 20061 TASER 7 HOLSTER - BLADETECH, RIGHT HAND $ 80.00 20063 TASER 7 HOLSTER - SAFARILAND, RIGHT HAND $ 67.50 20065 TASER 7 HOLSTER - S.O. TECH, LEFT HAND $ 80.00 20066 TASER 7 HOLSTER - BLADETECH, LEFT HAND $ 80.00 20068 TASER 7 HOLSTER - SAFARILAND, LEFT HAND $ 67.50 20069 TASER 7 E.COM LICENSE PAYMENT $ 5.00 20104 TASER 7 TRADE-IN UPFRONT PURCHASE $ - Bundle Component, not for independent sale 20105 TASER 7 TRADE-IN OSP $ - Bundle Component, not for independent sale 20106 TASER 7 TRADE-IN TASER 60 BASIC $ - Bundle Component, not for independent sale 20107 TASER 7 TRADE-IN TASER 60 UNLIMITED $ - Bundle Component, not for independent sale 20109 TASER 7 TRADE-IN TASER 60 UNLIMITED TAP $ - Bundle Component, not for independent sale 20110 TASER 7 TRADE-IN TASER 60 TCAM BASIC TAP $ - Bundle Component, not for independent sale 20111 TASER 7 TRADE-IN TASER 60 TCAM UNLIMITED TAP $ - Bundle Component, not for independent sale 20112 TASER 7 TRADE-IN CREDIT REVERSAL $ - Bundle Component, not for independent sale 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER $ 1,495.00 20120 TASER 7 INSTRUCTOR COURSE VOUCHER $ 495.00 20133 IN-HOUSE INSTRUCTOR COURSE ONLINE MATERIAL $ 30.00 20134 VR EMPATHY DEVELOPMENT STARTER CONTENT PAYMENT $ 2.50 20135 OCULUS GO STANDALONE VIRTUAL REALITY HEADSET $ 300.00 20136 IN-HOUSE INSTRUCTOR COURSE ONLINE MATERIAL TWO YEAR ACCESS $ 30.00 20137 TASER 7 ONLINE TRAINING CONTENT PAYMENT $ 2.50 20138 TASER 7 UNLIMITED DUTY CARTRIDGE REPLACEMENT PROGRAM PAYMENT $ 2.50 20148 TASER 7 TRADE-IN CEW TAP $ - Bundle Component, not for independent sale 20149 TASER 7 TRADE-IN TCAM TAP $ - Bundle Component, not for independent sale 20150 TASER 7 TRADE-IN CARTRIDGE $ - Bundle Component, not for independent sale 20151 CEW TECH ASSURANCE PLAN REFUND $ - Bundle Component, not for independent sale 20156 TASER 7 TRADE-IN TASER 60 PREMIUM $ - Bundle Component, not for independent sale 20158 TASER 7 HOLSTER - BLADE-TECH, RIGHT HAND W/ INNER TMMS $ 80.00 20159 TASER 7 HOLSTER - BLADE-TECH, LEFT HAND W/ INNER TMMS $ 80.00 20160 TASER 7 HOLSTER - SAFARILAND, RH+CART CARRIER $ 80.00 20161 TASER 7 HOLSTER - SAFARILAND, LH+CART CARRIER $ 80.00 20186 SAFARILAND HOLSTER MOLLE ADAPTER W MLS16 FORK $ 22.50 20187 TMMS OUTER W LARGE MOLLE-LOK BLADE-TECH HOLSTER ATTACHMENT $ 33.00 20210 TASER 7 CQ BASIC PAYMENT $ 32.25 20212 TASER 7 CQ BASIC TRUE-UP SKU $ 32.25 20213 TASER 7 CQ HANDLE CLASS 3R $ 1,450.00 DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 6 20214 TASER 7 CQ HANDLE CLASS II $ 1,450.00 20215 TASER 7 CQ BUDGET ADD-ON PAYMENT $ 6.75 20217 TASER 7 CQ BUDGET ADD-ON TRUE-UP SKU $ 6.75 20218 TASER 7 CQ BUDGET ADD-ON PLAN $ - Bundle Component, not for independent sale 20219 TASER 7 CQ HANDLE 4-YEAR EXTENDED WARRANTY $ 290.00 20220 TASER 7 CQ HANDLE 1-YEAR EXTENDED WARRANTY $ 58.00 20221 SINGLE BAY DATAPORT 4-YEAR EXTENDED WARRANTY $ 70.00 20222 SINGLE BAY DATAPORT 1-YEAR EXTENDED WARRANTY $ 14.00 20223 EVIDENCE.COM DOCK, CORE 4-YEAR EXTENDED WARRANTY $ 62.80 20224 TASER 7 CQ BUDGET PAYMENT $ 39.00 20226 TASER 7 CQ BUDGET TRUE-UP SKU $ 37.25 20227 TASER 7 CQ BUDGET PLAN $ - Bundle Component, not for independent sale 20228 TASER 7 CQ DOCK PAYMENT $ 49.00 20229 TASER 7 CQ DOCK PLAN $ - Bundle Component, not for independent sale 20231 TASER 7 CQ DOCK TRUE-UP SKU $ 42.25 20232 TASER 7 CQ BASIC PLAN $ - Bundle Component, not for independent sale 20233 TASER 7 CERTIFICATION PLAN ADD-ON TRUE UP PAYMENT $ - Bundle Component, not for independent sale 20236 TASER 7 CERTIFICATION PLAN ADD-ON PLAN $ - Bundle Component, not for independent sale 20237 TASER 7 CERTIFICATION BUNDLE PAYMENT $ 60.00 20238 TASER 7 CERTIFICATION BUNDLE TRUE UP YEAR 1 $ 49.75 20239 TASER 7 CERTIFICATION BUNDLE TRUE UP YEAR 3 $ 38.50 20240 TASER 7 BASIC BUNDLE PAYMENT $ 40.00 20241 TASER 7 CERTIFICATION 10 YEAR PLAN - Bundle Component, not for independent sale 20242 TASER CERTIFICATION PROGRAM YEAR 6-10 ACCESS - Bundle Component, not for independent sale 20243 TASER CERTIFICATION PROGRAM YEAR 6-10 PAYMENT 65.00 20246 TASER 7 DUTY CARTRIDGE REPLACEMENT ACCESS LICENSE $ - Bundle Component, not for independent sale 20247 TASER 7 ONLINE TRAINING CONTENT ACCESS LICENSE $ - Bundle Component, not for independent sale 20248 TASER 7 EVIDENCE.COM ACCESS LICENSE $ - Bundle Component, not for independent sale 20249 VR EMPATHY DEVELOPMENT STARTER CONTENT ACCESS $ - Bundle Component, not for independent sale 20259 VR EMPATHY DEVELOPMENT USER UNLIMITED ACCESS PAYMENT $ 5.00 20261 ADD-ON VR EMPATHY DEVELOPMENT USER UNLIMITED ACCESS PAYMENT $ 2.50 20267 TASER 7 CERT 10 YEAR BUNDLE 6 YEAR TRUE UP $ 41.70 20268 TASER 7 CERT 10 YEAR BUNDLE 8 YEAR TRUE UP $ 54.00 20270 6DOF VR HEADSET $ 600.00 20271 AXON VR CONTROLLER KIT -- TASER + GLOCK $ - Bundle Component, not for independent sale 20272 ENTERPRISE UNLIMITED VR CONTENT ACCESS $ - Bundle Component, not for independent sale 20273 VR EMPATHY DEVELOPMENT ENTERPRISE UNLIMITED ACCESS $ - Bundle Component, not for independent sale 20274 VR 3 DOF ENTERPRISE BUNDLE PAYMENT $ 12,500.00 20275 VR 6 DOF ENTERPRISE BUNDLE PAYMENT $ 25,000.00 20280 TASER 7 CQ DOCK YEAR 6-10 $ - Bundle Component, not for independent sale 20281 TASER 7 CQ DOCK YEAR 6-10 ACCESS $ - Bundle Component, not for independent sale 20282 TASER 7 CQ DOCK YEAR 6-10 PAYMENT $ 53.60 20283 TASER 7 CQ DOCK YEAR 6-10 TRUE UP $ 55.40 20284 TASER 7 CQ DOCK YEAR 10 YEAR HANDLE WARRANTY $ 89.00 DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 7 22000 HANDLE, BLACK, CLASS 2, X2 $ 1,275.00 22001 HANDLE, YELLOW, CLASS 2, X2 $ 1,275.00 22002 BLACK X2 CEW, HANDLE $ 1,275.00 22003 YELLOW X2 CEW, HANDLE $ 1,275.00 22010 PPM, STANDARD BATTERY PACK, X2/X26P $ 68.00 22011 APPM, AUTOMATIC SHUT-DOWN BATTERY PACK, X2/X26P $ 81.75 22012 TPPM, TACTICAL BATTERY PACK, PINKY EXTENDER, X2/X26P $ 68.00 22013 KIT, DATAPORT DOWNLOAD, USB, X2/X26P $ 220.00 22014 WARRANTY, 4 YEAR, X2 $ 396.00 22016 WARRANTY, 1 YEAR EXTENDED, X2 $ 255.00 22018 GRIP, CEW, HOGUE, PACKAGED $ 19.90 22021 WARRANTY, 2 YEAR, X2 $ 311.00 22023 HANDLE, BLUE, DEMO/LASER POINTER, X2 $ 204.00 22026 HANDLE, BLUE, SIMULATOR, X2 $ 852.00 22150 15 FT SMART CARTRIDGE, X2 $ 37.65 22151 25 FT SMART CARTRIDGE, X2 $ 39.75 22155 INERT SIMULATION CARTRIDGE, X2 $ 52.25 22157 25 FT NON-CONDUCTIVE TRAINING SMART CARTRIDGE, X2 $ 38.70 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS $ 38.00 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS $ 38.00 22177 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, STANDOFF NS $ 38.00 22178 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, CLOSE QUART NS $ 38.00 22179 TASER 7 INERT CARTRIDGE, STANDOFF (3.5-DEGREE) NS $ 49.00 22181 TASER 7 INERT CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS $ 49.00 22184 15 FT SMART CARTRIDGE, X2 NS $ 37.65 22185 25 FT SMART CARTRIDGE, X2 NS $ 39.75 22186 AIR CARTRIDGES - 2 PACK NS $ 49.25 22187 CONSUMER CARTRIDGE, 2 PACK, BLACK NS $ 70.00 22188 15 FT STANDARD CARTRIDGE, X26/X26P NS $ 28.25 22189 21 FT STANDARD CARTRIDGE, X26/X26P NS $ 30.35 22190 25 FT STANDARD CARTRIDGE, X26/X26P NS $ 34.50 22500 HOLSTER, BLADE TECH, RIGHT, X2 $ 79.50 22501 RIGHT-HAND HOLSTER, X2, BLACKHAWK $ 81.75 22502 HOLSTER, SAFARILAND, STX BASKETWEAVE, RIGHT, X2 $ 103.50 22503 HOLSTER, BLADE TECH, LEFT, X2 $ 79.50 22504 LEFT-HAND HOLSTER, X2, BLACKHAWK $ 81.75 22505 HOLSTER, SAFARILAND, STX BASKETWEAVE, LEFT, X2 $ 103.50 22507 HOLSTER, SAFARILAND, STX SAFARISEVEN, RIGHT, X2 $ 103.50 22508 HOLSTER, SAFARILAND, STX SAFARISEVEN, LEFT, X2 $ 103.50 22510 HOLSTER, SAFARILAND, SAFARISEVEN, RIGHT, X26P $ 104.50 22511 HOLSTER, SAFARILAND, SAFARISEVEN, LEFT, X26P $ 104.50 22512 HOLSTER, SAFARILAND, RIGHT, QLS w/ MOLLE, X26P $ 86.00 22513 HOLSTER, SAFARILAND, LEFT, QLS w/ MOLLE, X26P $ 86.00 26500 X26 Dataport Kit $ 216.00 26700 DPM, STANDARD BATTERY PACK, X26 $ 48.50 26701 XDPM, SPARE CARTRIDGE BATTERY PACK, X26 $ 55.00 26737 USB CABLE, VDPM $ 15.70 26762 KIT, USB DOWNLOAD, TASER CAM HD $ 18.85 26763 WARRANTY, 4 YEAR, TASER CAM HD $ 156.75 DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 8 26764 REPLACEMENT BATTERY, KIT, TASER CAM HD $ 65.00 26802 2ACH-Dual Cartridge Holster $ 27.50 26810 TASER CAM, TCHD $ 596.00 26814 WARRANTY, 2 YEAR, TCHD $ 94.25 26820 TASER CAM, AS, TCHD $ 627.00 30053 BELT CLIP, TASER, RIGHT, TMMS OUTER $ 23.10 33516 WARRANTY, 1 YEAR EXTENDED, TCHD $ 36.60 33520 CEW RMA REPAIR $ 70.00 34200 15 FT STANDARD CARTRIDGE, X26/X26P $ 28.25 34220 Air Cartridges - 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8PORT GIGABIT MAX POE MANAGED SWITCH $ 760.00 50124 HP SWITCH - 24PORT GIGABIT POE MANAGED SWITCH $ 1,304.35 50125 CISCO SWITCH - 24-PORT POE IP BASED (ENTERPRISE CLASS) $ 5,900.00 50127 POS-X TOUCHPANEL W/ 8GB RAM, 500GB SSD HD $ 2,600.00 50144 RECORDING SERVER - Windows 2012 R2 64 bit ? 2U Xeon (4- core) $ 5,200.00 50145 CISCO 2960-X SERIES 48-PORT POE SWITCH (2960X-48LPS- L) $ 3,646.00 50146 OUTSOURCE PLUS ENHANCED POE+ INJECTOR $ 100.00 50147 AXIS CAMERA, Q3505-V NETWORK CAMERA $ 1,275.00 50149 CAM CONNECTION #OM-E-1C $ 250.00 50161 AXON INTERVIEW RECORDING SERVER $ 4,405.00 50196 AXON WORKSTATION $ 1,655.00 50203 FIELD ENGINEERING SERVICES (PER DAY), MATERIALS $ 1,000.00 50206 RECORDING SERVER LITE, 1U RACK SERVER, XEON (4- CORE), 8GB ME $ 1,750.00 50215 CAMERA, NETWORK, AXIS P3915-R $ 780.00 50216 AXIS C8033 Network Audio Bridge - Audio Extender $ 260.00 50218 AXIS F41 COVERT MAIN UNIT - NON SER $ 595.00 50219 AXIS M5014 PTZ DOME CAMERA COVERT - NON SER $ 740.00 50220 HP SWITCH - 8PORT GIGABIT MAX POE MANAGED SWITCH - NON SER $ 760.00 50221 HP SWITCH - 24PORT GIGABIT POE MANAGED SWITCH - NON SER $ 1,305.00 50222 CISCO SWITCH - 24-PORT POE IP BASED (ENTERPRISE CLASS) - NON $ 5,900.00 50223 POS-X TOUCHPANEL W/ 8GB RAM, 500GB SSD HD - NON SER $ 2,600.00 50224 AXON INTERVIEW RECORDING SERVER - NON SER $ 4,405.00 50249 Commander SSL Certificate - 1 Year $ 15.00 50250 Commander SSL Certificate - 2 Year $ 30.00 50251 AXIS F0125 SENSOR UNIT, 12 METER CABLE $ 325.00 50253 AXIS P3915-R Mk II OVERT CAMERA $ 724.00 50254 AXIS F1005-E SENSOR UNIT, 12 METER CABLE $ 325.00 50255 AXIS Q7401 Video Encoder $ 482.00 50256 AXIS Q8414-LVS SILVER OVERT CAMERA $ 1,570.00 50257 AXIS Q8414-LVS WHITE OVERT CAMERA $ 1,570.00 50258 AXIS T98A15-VE SURVEILLANCE CABINET $ 325.00 50259 TOUCH PANEL MOUNT EVO-XZ4-M100 $ 50.00 50260 AUDIO EXTENSION CABLE, 3.5mm M/F STEREO, 50 FT $ 10.00 50261 PANEL MOUNT LED, 24VDC - GREEN $ 30.00 50262 PANEL MOUNT LED, 24VDC - BLUE $ 30.00 50263 PANEL MOUNT LED, 24VDC - WHITE $ 30.00 50264 PANEL MOUNT LED, 24VDC - YELLOW $ 30.00 50265 PANEL MOUNT LED, 24VDC - RED $ 30.00 50266 COMMANDER SOFTWARE, INSTALLATION AND TRAINING $ 2,000.00 50267 AXIS A9188 Network I/O Relay Module $ 500.00 50268 POS-X TP6 TOUCH PANEL W/4GB RAM $ 1,600.00 50280 AXON INTERVIEW- MOBILE KIT $ 12,000.00 50281 AXIS CAMERA, AXIS Q3515-LV NETWORK CAMERA $ 985.00 50282 COMMANDER SERVER 24TB (NON SERIALIZED) $ 8,848.00 DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 10 50283 COMMANDER SERVER 36TB (NON SERIALIZED) $ 9,509.00 50284 COMMANDER SERVER 54TB (NON SERIALIZED) $ 10,797.00 50285 COMMANDER SERVER 72TB (NON SERIALIZED) $ 12,563.00 50286 COMMANDER SERVER 90TB (NON SERIALIZED) $ 16,250.00 50287 JBOD - 144TB (NON SERIALIZED) $ 11,145.00 50288 AXIS CAMERA, AXIS P3235-LV NETWORK CAMERA $ 775.00 50289 CISCO SMALL BUSINESS SG550X-24P $ 2,600.00 50293 AXIS PTZ CAMERA $ 1,075.00 50294 AXON INTERVIEW LITE SERVER $ 1,950.00 50295 AXON INTERVIEW PRO SERVER $ 4,455.00 50298 AXIS P3245-LV NETWORK CAMERA $ 796.00 50300 AXON DISPATCH LICENSE $ - Bundle Component, not for independent sale 50302 AXON DISPATCH LICENSE PAYMENT $ 50.00 70027 EVIDENCE.COM DOCK, CORE $ 314.00 70030 EXTENDED WARRANTY, 2 YEAR,EVIDENCE.COM DOCK, CORE $ 82.75 70031 EXTENDED WARRANTY, 2 YEAR, EVIDENCE.COM AB2 DOCK, 1-BAY $ 51.75 70032 EXTENDED WARRANTY, 2 YEAR, EVIDENCE.COM AB2 DOCK, 6-BAY $ 434.00 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK $ 43.90 70112 AXON SIGNAL UNIT $ 279.00 70116 SPPM, SIGNAL CONNECTED BATTERY PACK, X2/X26P $ 104.50 71010 AXON BODY 3 - 1-BAY DOCK POWER SUPPLY, NORTH AMERICA $ 10.00 71015 AXON BODY 3 - 1-BAY DOCK POWER SUPPLY, INTERNATIONAL $ 10.00 71016 UK POWERCORD, 2M $ 10.45 71017 EU POWERCORD, 2M $ 10.45 71018 AUS POWERCORD, 2M $ 10.45 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6- BAY DOCK $ 10.45 71022 FLEET CABLE ASSEMBLY, POWER $ 20.00 71023 FLEET CABLE ASSEMBLY, BATTERY BOX TO CAMERA $ 15.00 71024 FLEET CABLE ASSEMBLY, ASU POWER $ 15.00 71025 POWER CORD, SA, TYPE M, 1.8M $ 313.00 71026 MAGNET MOUNT, FLEXIBLE REINFORCED, RAPIDLOCK $ 30.35 71037 LOW RIDER, HEADBAND, FLEX 2 $ 30.35 71079 CAMERA SYSTEM, FRONT, FLEET 2 $ 380.00 71080 CAMERA MOUNT, FRONT, FLEET 2 $ 20.00 71081 CAMERA SYSTEM, REAR, WITH MOUNT, FLEET 2 $ 380.00 71082 CAMERA CONTROLLER, REAR, FLEET 2 $ 180.00 71083 CONTROLLER MOUNT, REAR CAMERA, FLEET 2 $ 20.00 71084 JUNCTION BOX, FLEET 2 $ 80.00 71085 CABLE ASSEMBLY, BATTERY BOX TO CAMERA, FLEET 2 $ 15.00 71086 FLEET WIRELESS MICROPHONE $ 240.00 71087 FLEET WIRELESS MICROPHONE CHARGING DOCK $ 40.00 71088 AXON FLEET 2 KIT $ 1,560.00 71100 CABLE ASSEMBLY, POWER HARNESS, FLEET 2 $ 15.00 71101 FLEET 1 TO FLEET 2 CONVERSION $ 400.00 71102 FLEET 2 LAPEL MICROPHONE ACCESSORY $ 12.00 71103 FLEET 2 MICROPHONE 2.5MM JACK PLUG $ 3.00 71104 NORTH AMER POWER CORD FOR AB3 1-BAY DOCK $ 10.00 71108 SIGNAL SIDEARM, RH HOLSTER, 1001-R $ 249.00 71109 SIGNAL SIDEARM, LH HOLSTER, 1001-L $ 249.00 DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 11 71110 SIGNAL SIDEARM, RH HOLSTER, 1002-R $ 249.00 71111 SIGNAL SIDEARM, LH HOLSTER, 1002-L $ 249.00 71200 FLEET ROUTER ANTENNA, COMPACT 5-IN-1, BLACK $ 270.00 71201 FLEET ROUTER ANTENNA, COMPACT 5-IN-1, WHITE $ 270.00 71202 FLEET ANTENNA, 2-IN-1, INTERNAL $ 90.00 71203 FLEET ANTENNA, 7-IN-1, 2 LTE, 4 WIFI, 1 GPS $ 349.00 71204 FLEET ANTENNA, 9-IN-1, 4 LTE, 4 WIFI, 1 GPS $ 399.00 71205 FLEET ANTENNA, 4-IN-1, 2 LTE, 2 CBRS/LAA $ 299.00 71210 FLEET DOOR TRIGGER HARDWARE, US $ 18.60 71211 FLEET DOOR TRIGGER HARDWARE, UK $ 28.85 72000 FLEET 3 DUAL-VIEW CAMERA $ 585.00 72001 FLEET 3 DUAL-VIEW CAMERA, WINDSHIELD MOUNT $ 20.00 72002 FLEET 3 INTERIOR CAMERA, INTERIOR MOUNT $ 20.00 72010 FLEET 3 HUB $ 1,085.00 72011 FLEET 3 HUB, TRUNK MOUNT $ 20.00 72012 FLEET 3 HUB, CABLE ASSEMBLY, SIGNAL $ 25.00 72013 FLEET 3 HUB, CABLE ASSEMBLY, POWER $ 25.00 72020 FLEET 3 WIRELESS MIC $ 240.00 72021 FLEET 3 WIRELESS MIC, BELT MOUNT $ 20.00 72022 FLEET 3 WIRELESS MIC, CHARGING BASE $ 240.00 72023 FLEET 3 WIRELESS MIC, CHARGING BASE, WHIP ANTENNA $ 20.00 72024 FLEET 3 WIRELESS MIC, CHARGING BASE, REMOTE ANTENNA $ 20.00 72025 FLEET 3 WIRELESS MIC, LAPEL MIC $ 20.00 72026 FLEET 3 WIRELESS MIC, AC POWER POE INJECTOR $ 50.00 72030 FLEET ETHERNET CABLE, CAT6, 6 FT $ 25.00 72031 FLEET ETHERNET CABLE, CAT6, 15 FT $ 25.00 72032 FLEET ETHERNET CABLE, CAT6, 20 FT $ 25.00 72033 FLEET ANT, AIRGAIN, 3-IN-1 2WIFI, 1GNSS, INTERIOR $ 75.00 72034 FLEET SIM $ 10.00 72035 FLEET 3 WIRELESS MIC KIT $ 540.00 72036 FLEET 3 STANDARD 2 CAMERA KIT $ 2,405.00 72037 FLEET 3 INTERIOR CAMERA $ 500.00 72040 FLEET REFRESH, 2 CAMERA KIT $ - Bundle Component, not for independent sale 72041 FLEET DUAL-VIEW CAMERA REFRESH $ - Bundle Component, not for independent sale 72042 FLEET INTERIOR CAMERA REFRESH $ - Bundle Component, not for independent sale 72043 FLEET HUB REFRESH $ - Bundle Component, not for independent sale 72044 FLEET WIRELESS MIC REFRESH $ - Bundle Component, not for independent sale 72045 FLEET CHARGING BASE REFRESH $ - Bundle Component, not for independent sale 72046 FLEET WIRELESS MIC KIT REFRESH $ - Bundle Component, not for independent sale 73031 VIEWER, IOS $ 277.00 73092 VIEWER, ANDROID TABLET $ 261.00 73104 VIEWER, STANDARD ANDROID $ 282.00 73202 AXON BODY 3 - NA10 $ 699.00 73203 AXON BODY 3 - EU07 - RAPIDLOCK $ 699.00 73204 AXON BODY 3 - AP09 $ 699.00 73205 AXON BODY 3 - BATTERY $ 39.00 73215 AXON BODY 3 - TRAINING CAMERA $ 50.00 73250 AXON BODY 3 - 2 YEAR WARRANTY $ 280.00 DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 12 73251 AXON BODY 3 - 8 BAY DOCK 2 YEAR WARRANTY $ 500.00 73252 AXON BODY 3 - 1 BAY DOCK 2 YEAR WARRANTY $ 130.00 73265 TRANSFERRED AB3 CAMERA TAP WARRANTY $ - Bundle Component, not for independent sale 73266 TRANSFERRED AB3 MULTI-BAY DOCK TAP WARRANTY $ - Bundle Component, not for independent sale 73270 2 YEAR AB3 CAMERA TAP REPLACEMENT WARRANTY $ - Bundle Component, not for independent sale 73271 2 YEAR AB3 1-BAY DOCK TAP REPLACEMENT WARRANTY $ - Bundle Component, not for independent sale 73272 2 YEAR AB3 8-BAY DOCK TAP REPLACEMENT WARRANTY $ - Bundle Component, not for independent sale 73273 2.5 YEAR AB3 CAMERA TAP REPLACEMENT WARRANTY $ - Bundle Component, not for independent sale 73274 2.5 YEAR AB3 1-BAY DOCK TAP REPLACEMENT WARRANTY $ - Bundle Component, not for independent sale 73275 2.5 YEAR AB3 8-BAY DOCK TAP REPLACEMENT WARRANTY $ - Bundle Component, not for independent sale 73276 3 YEAR AB3 CAMERA TAP REPLACEMENT WARRANTY $ - Bundle Component, not for independent sale 73277 3 YEAR AB3 1-BAY DOCK TAP REPLACEMENT WARRANTY $ - Bundle Component, not for independent sale 73278 3 YEAR AB3 8-BAY DOCK TAP REPLACEMENT WARRANTY $ - Bundle Component, not for independent sale 73279 3.5 YEAR AB3 CAMERA TAP REPLACEMENT WARRANTY $ - Bundle Component, not for independent sale 73280 3.5 YEAR AB3 1-BAY DOCK TAP REPLACEMENT WARRANTY $ - Bundle Component, not for independent sale 73281 3.5 YEAR AB3 8-BAY DOCK TAP REPLACEMENT WARRANTY $ - Bundle Component, not for independent sale 73282 4 YEAR AB3 CAMERA TAP REPLACEMENT WARRANTY $ - Bundle Component, not for independent sale 73283 4 YEAR AB3 1-BAY DOCK TAP REPLACEMENT WARRANTY $ - Bundle Component, not for independent sale 73284 4 YEAR AB3 8-BAY DOCK TAP REPLACEMENT WARRANTY $ - Bundle Component, not for independent sale 73300 5 Year Officer Safety Plan AB3 Camera $ - Bundle Component, not for independent sale 73309 AXON BODY CAMERA REFRESH ONE $ - Bundle Component, not for independent sale 73310 AXON BODY CAMERA REFRESH TWO $ - Bundle Component, not for independent sale 73313 1-BAY DOCK AXON BODY CAMERA REFRESH ONE $ - Bundle Component, not for independent sale 73314 1-BAY DOCK AXON BODY CAMERA REFRESH TWO $ - Bundle Component, not for independent sale 73335 FLEET CAMERA REFRESH (ONE FRONT AND ONE REAR) $ - Bundle Component, not for independent sale 73337 UCP X2 ANNUAL CARTRIDGE SHIPMENT $ - Bundle Component, not for independent sale 73338 UCP X26P ANNUAL CARTRIDGE SHIPMENT $ - Bundle Component, not for independent sale 73341 AXON FLEX CONTROLLER REFRESH ONE $ - Bundle Component, not for independent sale 73342 AXON FLEX CONTROLLER REFRESH TWO $ - Bundle Component, not for independent sale 73345 AXON BODY CAMERA REFRESH THREE - Bundle Component, not for independent sale 73346 AXON BODY CAMERA REFRESH FOUR - Bundle Component, not for independent sale 73347 MULTI-BAY BWC DOCK 3RD REFRESH - Bundle Component, not for independent sale 73348 MULTI-BAY BWC DOCK 4TH REFRESH - Bundle Component, not for independent sale 73419 AWARE PLUS LICENSE UPGRADE PAYMENT $ 16.00 73431 CITIZEN FOR COMMUNITIES 1-10 SWORN PAYMENT $ 175.00 73441 REDACTION ASSISTANT 1-10 SWORN PAYMENT $ 175.00 73447 AWARE TO AWARE PLUS UPGRADE LICENSE $ - Bundle Component, not for independent sale 73448 AWARE TO AWARE PLUS UPGRADE LICENSE PAYMENT $ 16.00 73449 AWARE LICENSE $ - Bundle Component, not for independent sale DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 13 73474 REDACTION ASSISTANT 11-30 SWORN PAYMENT $ 325.00 73477 REDACTION ASSISTANT ACCESS UPGRADE TO 11-30 $ - Bundle Component, not for independent sale 73484 REDACTION ASSISTANT 31-50 SWORN PAYMENT $ 625.00 73487 REDACTION ASSISTANT ACCESS UPGRADE TO 31-50 $ - Bundle Component, not for independent sale 73497 REDACTION ASSISTANT 51-150 SWORN PAYMENT $ 1,200.00 73498 REDACTION ASSISTANT ACCESS UPGRADE TO 51-150 $ - Bundle Component, not for independent sale 73504 REDACTION ASSISTANT 151-350 SWORN PAYMENT $ 2,400.00 73507 REDACTION ASSISTANT ACCESS UPGRADE TO 151-350 $ - Bundle Component, not for independent sale 73517 REDACTION ASSISTANT 351-1000 SWORN PAYMENT $ 5,400.00 73518 REDACTION ASSISTANT ACCESS UPGRADE TO 351-1000 $ - Bundle Component, not for independent sale 73525 REDACTION ASSISTANT 1001-2500 SWORN PAYMENT $ 8,300.00 73527 REDACTION ASSISTANT ACCESS UPGRADE TO 1001-2500 $ - Bundle Component, not for independent sale 73534 REDACTION ASSISTANT 2501-5000 SWORN PAYMENT $ 16,900.00 73537 REDACTION ASSISTANT ACCESS UPGRADE TO 2501-5000 $ - Bundle Component, not for independent sale 73544 REDACTION ASSISTANT 5001-10000 SWORN PAYMENT $ 31,900.00 73547 REDACTION ASSISTANT ACCESS UPGRADE TO 5001-10000 $ - Bundle Component, not for independent sale 73548 REDACTION ASSISTANT TIER PAYMENT CHARGE $ - Bundle Component, not for independent sale 73554 CITIZEN FOR COMMUNITIES 11-30 SWORN PAYMENT $ 325.00 73557 CITIZEN FOR COMMUNITIES ACCESS UPGRADE TO 11-30 $ - Bundle Component, not for independent sale 73567 CITIZEN FOR COMMUNITIES 31-50 SWORN PAYMENT $ 625.00 73568 CITIZEN FOR COMMUNITIES ACCESS UPGRADE TO 31-50 $ - Bundle Component, not for independent sale 73577 CITIZEN FOR COMMUNITIES 51-150 SWORN AGENCY LICENSE PAYMENT $ 1,200.00 73578 CITIZEN FOR COMMUNITIES ACCESS UPGRADE TO 51-150 $ - Bundle Component, not for independent sale 73584 CITIZEN FOR COMMUNITIES 151-350 SWORN PAYMENT $ 2,400.00 73587 CITIZEN FOR COMMUNITIES ACCESS UPGRADE TO 151-350 $ - Bundle Component, not for independent sale 73597 CITIZEN FOR COMMUNITIES 351-1000 SWORN PAYMENT $ 5,400.00 73598 CITIZEN FOR COMMUNITIES ACCESS UPGRADE TO 351-1000 $ - Bundle Component, not for independent sale 73607 CITIZEN FOR COMMUNITIES 1001-2500 SW AGENCY LICENSE PAYMENT $ 8,300.00 73608 CITIZEN FOR COMMUNITIES ACCESS UPGRADE TO 1001- 2500 $ - Bundle Component, not for independent sale 73614 CITIZEN FOR COMMUNITIES 2501-5000 SWORN PAYMENT $ 16,900.00 73617 CITIZEN FOR COMMUNITIES ACCESS UPGRADE TO 2501- 5000 $ - Bundle Component, not for independent sale 73623 CITIZEN FOR COMMUNITIES 5001-10000 SWORN PAYMENT $ 31,900.00 73627 CITIZEN FOR COMMUNITIES ACCESS UPGRADE TO 5001- 10000 $ - Bundle Component, not for independent sale 73628 CITIZEN FOR COMMUNITIES TIER PAYMENT CHARGE $ - Bundle Component, not for independent sale 73636 OSP 7+ NON-HARDWARE USER ADD ON PAYMENT $ 49.00 73638 STANDARDS ACCESS LICENSE $ - Bundle Component, not for independent sale 73639 STANDARDS LICENSE PAYMENT $ 20.00 73665 AWARE PAYMENT $ 9.00 73666 AWARE PLUS PAYMENT $ 25.00 73680 AWARE PLUS LICENSE $ - 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Bundle Component, not for independent sale 73733 REDACTION ASSISTANT 151-350 SW AGENCY-WIDE LICENSE $ - Bundle Component, not for independent sale 73734 REDACTION ASSISTANT 2501-5000 SW AGENCY-WIDE LICENSE $ - Bundle Component, not for independent sale 73735 REDACTION ASSISTANT 31-50 SWORN AGENCY-WIDE LICENSE $ - Bundle Component, not for independent sale 73736 REDACTION ASSISTANT 351-1000 SW AGENCY-WIDE LICENSE $ - Bundle Component, not for independent sale 73737 REDACTION ASSISTANT 5001-10000 SWORN AGENCY-WIDE LICENSE $ - Bundle Component, not for independent sale 73738 REDACTION ASSISTANT 51-150 SWORN AGENCY-WIDE LICENSE $ - Bundle Component, not for independent sale 73739 PERFORMANCE LICENSE $ - Bundle Component, not for independent sale 73746 PROFESSIONAL EVIDENCE.COM LICENSE $ - Bundle Component, not for independent sale 73808 OSP 7+ YEARS 6 YEAR TRUE UP $ 55.40 73809 OSP 7+ YEARS 8 YEAR TRUE UP $ 89.00 73810 OFFICER SAFETY PLAN 7 $ - Bundle Component, not for independent sale 73811 OFFICER SAFETY PLAN 7 PAYMENT $ 159.00 73812 OFFICER SAFETY PLAN 7 TRUE UP PAYMENT: YEAR 1 $ 88.75 73813 OFFICER SAFETY PLAN 7 TRUE UP PAYMENT: YEAR 2 $ 54.00 73818 OSP STANDARD BUNDLE $ - 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Bundle Component, not for independent sale 80146 VIRTUAL BODYCAM STARTER $ 1,000.00 80181 EXTENDED WARRANTY, 4 YEAR, FLEET 2 KIT $ - Bundle Component, not for independent sale 80190 Evidence.com Channel Services $ 5,000.00 80206 FLEET WIRELESS MICROPHONE - 4 YEAR EXTENDED WARRANTY $ 41.80 80213 FLEET WIRELESS MICROPHONE BUNDLE PAYMENT $ 6.00 80214 FLEET EVIDENCE.COM UNLIMITED STORAGE $ - Bundle Component, not for independent sale 80215 FLEET EVIDENCE.COM UNLIMITED STORAGE PAYMENT $ 34.00 80216 FLEET 2 UNLIMITED 60 PAYMENT $ 99.00 DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 18 80217 FLEET 2 UNLIMITED WITH TAP PAYMENT $ 129.00 80218 WI-FI OFFLOAD, SOFTWARE LICENSE MAINTENANCE $ - Bundle Component, not for independent sale 80219 WI-FI OFFLOAD, SOFTWARE MAINTENANCE PAYMENT $ 50.00 80221 FLEET EVIDENCE.COM LICENSE $ - Bundle Component, not for independent sale 80222 FLEET EVIDENCE.COM LICENSE PAYMENT $ 29.00 80235 Evidence.com Channel Services SMA Payment $ 1,000.00 80400 FLEET, VEHICLE LICENSE, ACCESS $ - Bundle Component, not for independent sale 80401 FLEET 3, ALPR LICENSE, 1 CAMERA, ACCESS $ - Bundle Component, not for independent sale 80402 FLEET 3, AWARE LICENSE, 1 CAMERA, ACCESS $ - Bundle Component, not for independent sale 80410 FLEET, EVIDENCE LICENSE, 1 CAMERA STORAGE, ACCESS $ - Bundle Component, not for independent sale 80420 TAP, FLEET 3, INTERIOR CAMERA, 1 REFRESH ACCESS $ - Bundle Component, not for independent sale 80421 TAP, FLEET 3, HUB, 1 REFRESH ACCESS $ - Bundle Component, not for independent sale 80422 TAP, FLEET 3, WIRELESS MIC, 1 REFRESH ACCESS $ - Bundle Component, not for independent sale 80423 TAP, FLEET 3, CHARGING BASE, 1 REFRESH ACCESS $ - Bundle Component, not for independent sale 80424 TAP, FLEET 3, WIRELESS MIC KIT, 1 REFRESH ACCESS $ - Bundle Component, not for independent sale 80425 TAP, FLEET 3, 2 CAMERA KIT, 1 REFRESH ACCESS $ - Bundle Component, not for independent sale 80426 TAP, FLEET 3, DUAL-VIEW CAMERA 1 REFRESH ACCESS $ - Bundle Component, not for independent sale 80440 FLEET, EVIDENCE LICENSE 1 CAMERA STORAGE, PAYMENT $ 17.00 80441 FLEET 3, ALPR LICENSE, 1 CAMERA, PAYMENT $ 49.00 80442 FLEET 3, AWARE LICENSE, 1 CAMERA, PAYMENT $ 15.00 80443 TAP, FLEET 3, DUAL-VIEW CAMERA 1 REFRESH PAYMENT $ 13.00 80444 TAP, FLEET 3, INTERIOR CAMERA, 1 REFRESH PAYMENT $ 11.00 80445 TAP, FLEET 3, HUB, 1 REFRESH PAYMENT $ 24.00 80446 TAP, FLEET 3, WIRELESS MIC, 1 REFRESH PAYMENT $ 5.50 80447 TAP, FLEET 3, CHARGING BASE, 1 REFRESH PAYMENT $ 5.50 80448 TAP, FLEET 3, WIRELESS MIC KIT, 1 REFRESH PAYMENT $ 12.00 80449 TAP, FLEET 3, 2 CAMERA KIT, 1 REFRESH PAYMENT $ 52.50 80450 TAP, FLEET 3, DUAL-VIEW CAMERA 1 REFRESH TRUE UP $ 11.15 80451 TAP, FLEET 3, INTERIOR CAMERA, 1 REFRESH TRUE UP $ 9.35 80452 TAP, FLEET 3, HUB, 1 REFRESH TRUE UP $ 20.50 80453 TAP, FLEET 3, WIRELESS MIC, 1 REFRESH TRUE UP $ 4.75 80454 TAP, FLEET 3, CHARGING BASE, 1 REFRESH TRUE UP $ 4.75 80455 TAP, FLEET 3, WIRELESS MIC KIT, 1 REFRESH TRUE UP $ 10.50 80456 TAP, FLEET 3, 2 CAMERA KIT, 1 REFRESH TRUE UP $ 45.50 80457 FLEET 3 BUNDLE PAYMENT $ 129.00 80458 FLEET 3 BUNDLE WITH TAP PAYMENT $ 169.00 80459 FLEET 3 ADVANCED BUNDLE WITH TAP PAYMENT $ 208.00 80460 FLEET 3 BUNDLE TRUE UP $ 75.10 80461 FLEET 3 BUNDLE WITH TAP TRUE UP $ 115.25 80462 FLEET 3 ADVANCED BUNDLE WITH TAP TRUE UP $ 106.25 80463 FLEET, VEHICLE LICENSE, PAYMENT $ 20.00 80480 EXT WARRANTY, FLEET 3, DUAL-VIEW CAMERA, 4 YRS $ - Bundle Component, not for independent sale 80481 EXT WARRANTY, FLEET 3, INTERIOR CAMERA, 4 YRS $ - Bundle Component, not for independent sale 80482 EXT WARRANTY, FLEET 3, HUB, 4 YRS $ - Bundle Component, not for independent sale 80483 EXT WARRANTY, FLEET 3, WIRELESS MIC, 4 YRS $ - Bundle Component, not for independent sale DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 19 80484 EXT WARRANTY, FLEET 3, CHARGING BASE, 4 YRS $ - Bundle Component, not for independent sale 80485 EXT WARRANTY, FLEET 3, WIRELESS MIC KIT, 4 YRS $ - Bundle Component, not for independent sale 80486 EXT WARRANTY, FLEET 3, 2 CAMERA KIT, 4 YRS $ - Bundle Component, not for independent sale 85000 Alligator Clip (Assembled) $ 57.50 85002 Taser Cleaning Kit $ 78.50 85014 AXON 1-DAY SERVICE $ 2,000.00 85035 EVIDENCE.COM STORAGE $ 0.75 85055 AXON FULL SERVICE $ 17,000.00 85099 EVIDENCE.COM INTEGRATION LICENSE: 5 YEAR $ 900.00 85100 AXON AUTO TAGGING SERVICE: ANNUAL PAYMENT $ 180.00 85130 OFFICER SAFETY PLAN STANDARD YEAR 1 PAYMENT $ 1,320.00 85131 OFFICER SAFETY PLAN STANDARD YEAR 2 PAYMENT $ 1,320.00 85132 OFFICER SAFETY PLAN STANDARD YEAR 3 PAYMENT $ 1,320.00 85133 OFFICER SAFETY PLAN STANDARD YEAR 4 PAYMENT $ 1,320.00 85134 OFFICER SAFETY PLAN STANDARD YEAR 5 PAYMENT $ 1,320.00 85135 OFFICER SAFETY PLAN STANDARD FIVE YEAR CONTRACT UPFRONT PAYM $ 6,600.00 85144 AXON STARTER $ 2,750.00 85147 CEW STARTER $ 2,750.00 85149 CEW 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE $ 4,524.00 85150 CEW ADD-ON SERVICES $ 2,080.00 85151 5 YEAR OFFICER SAFETY PLAN STANDARD 6-BAY DOCK EVIDENCE.COM $ - Bundle Component, not for independent sale 85152 5 YEAR OFFICER SAFETY PLAN STANDARD 1-BAY DOCK EVIDENCE.COM $ - Bundle Component, not for independent sale 85157 PROFESSIONAL SERVICES MILESTONE PAYMENT: RECORDS $ 500.00 85158 PROFESSIONAL SERVICES MILESTONE PAYMENT: STANDARDS $ 500.00 85159 PROFESSIONAL SERVICES MILESTONE PAYMENT: DISPATCH $ 500.00 85168 CEW FULL SERVICE WITH INSTRUCTOR TRAINING $ 17,000.00 85170 INTERVIEW ROOM, INSTALL AND SETUP $ 2,500.00 85174 TASER 60 X26P $ - Bundle Component, not for independent sale 85175 TASER 60 X2 $ - Bundle Component, not for independent sale 85176 TASER 60 YEAR 1 PAYMENT: X2 BASIC $ 363.00 85177 TASER 60 YEAR 2 PAYMENT: X2 BASIC $ 363.00 85178 TASER 60 YEAR 3 PAYMENT: X2 BASIC $ 363.00 85179 TASER 60 YEAR 4 PAYMENT: X2 BASIC $ 363.00 85180 TASER 60 YEAR 5 PAYMENT: X2 BASIC $ 363.00 85181 TASER 60 YEAR 1 PAYMENT: X26P BASIC $ 306.00 85182 TASER 60 YEAR 2 PAYMENT: X26P BASIC $ 306.00 85183 TASER 60 YEAR 3 PAYMENT: X26P BASIC $ 306.00 85184 TASER 60 YEAR 4 PAYMENT: X26P BASIC $ 306.00 85185 TASER 60 YEAR 5 PAYMENT: X26P BASIC $ 306.00 85219 2 YEAR TAP EVIDENCE.COM DOCK CORE REPLACEMENT $ - Bundle Component, not for independent sale 85222 2 YEAR TAP EVIDENCE.COM DOCK SINGLE BAY REPLACEMENT $ - Bundle Component, not for independent sale 85223 2 YEAR TAP EVIDENCE.COM DOCK 6 BAY REPLACEMENT $ - Bundle Component, not for independent sale 85224 2 YEAR TAP 6-BAY DOCK EVIDENCE.COM DOCK REPLACEMENT $ - Bundle Component, not for independent sale 85225 2 YEAR TAP 1-BAY DOCK EVIDENCE.COM REPLACEMENT $ - Bundle Component, not for independent sale 85226 2 YEAR TAP BODY 2 REPLACEMENT $ - Bundle Component, not for independent sale DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 20 85227 2 YEAR TAP DOCK 2 SINGLE BAY REPLACEMENT $ - Bundle Component, not for independent sale 85228 2 YEAR TAP DOCK 2 SIX BAY REPLACEMENT $ - Bundle Component, not for independent sale 85229 2 YEAR TAP DOCK 2 SIX BAY + CORE REPLACEMENT $ - Bundle Component, not for independent sale 85230 2 YEAR TAP DOCK 2 SINGLE BAY + CORE REPLACEMENT $ - Bundle Component, not for independent sale 85232 2.5 YEAR TAP EVIDENCE.COM DOCK CORE REPLACEMENT $ - Bundle Component, not for independent sale 85233 2.5 YEAR TAP EVIDENCE.COM DOCK SINGLE BAY REPLACEMENT $ - Bundle Component, not for independent sale 85234 2.5 YEAR TAP EVIDENCE.COM DOCK 6 BAY REPLACEMENT $ - Bundle Component, not for independent sale 85240 TASER 60 YEAR 1 PAYMENT: TASERCAM HD $ 168.00 85241 TASER 60 YEAR 2 PAYMENT: TASERCAM HD $ 168.00 85242 TASER 60 YEAR 3 PAYMENT: TASERCAM HD $ 168.00 85243 TASER 60 YEAR 4 PAYMENT: TASERCAM HD $ 168.00 85244 TASER 60 YEAR 5 PAYMENT: TASERCAM HD $ 168.00 85250 TASER 60 TASERCAM HD $ - Bundle Component, not for independent sale 85251 2.5 YEAR TAP 6-BAY DOCK EVIDENCE.COM DOCK REPLACEMENT $ - Bundle Component, not for independent sale 85252 2.5 YEAR TAP 1-BAY DOCK EVIDENCE.COM REPLACEMENT $ - Bundle Component, not for independent sale 85253 2.5 YEAR TAP BODY 2 REPLACEMENT $ - Bundle Component, not for independent sale 85254 2.5 YEAR TAP DOCK 2 SINGLE BAY REPLACEMENT $ - Bundle Component, not for independent sale 85255 2.5 YEAR TAP DOCK 2 SIX BAY REPLACEMENT $ - Bundle Component, not for independent sale 85256 2.5 YEAR TAP DOCK 2 SIX BAY + CORE REPLACEMENT $ - Bundle Component, not for independent sale 85257 2.5 YEAR TAP DOCK 2 SINGLE BAY + CORE REPLACEMENT $ - Bundle Component, not for independent sale 85259 3 YEAR TAP EVIDENCE.COM DOCK CORE REPLACEMENT $ - Bundle Component, not for independent sale 85260 3 YEAR TAP EVIDENCE.COM DOCK SINGLE BAY REPLACEMENT $ - Bundle Component, not for independent sale 85261 3 YEAR TAP EVIDENCE.COM DOCK 6 BAY REPLACEMENT $ - Bundle Component, not for independent sale 85262 3 YEAR TAP 6-BAY DOCK EVIDENCE.COM DOCK REPLACEMENT $ - Bundle Component, not for independent sale 85263 3 YEAR TAP 1-BAY DOCK EVIDENCE.COM REPLACEMENT $ - Bundle Component, not for independent sale 85264 3 YEAR TAP BODY 2 REPLACEMENT $ - Bundle Component, not for independent sale 85265 3 YEAR TAP DOCK 2 SINGLE BAY REPLACEMENT $ - Bundle Component, not for independent sale 85266 3 YEAR TAP DOCK 2 SIX BAY REPLACEMENT $ - Bundle Component, not for independent sale 85267 3 YEAR TAP DOCK 2 SIX BAY + CORE REPLACEMENT $ - Bundle Component, not for independent sale 85268 3 YEAR TAP DOCK 2 SINGLE BAY + CORE REPLACEMENT $ - Bundle Component, not for independent sale 85270 3.5 YEAR TAP EVIDENCE.COM DOCK CORE REPLACEMENT $ - Bundle Component, not for independent sale 85271 3.5 YEAR TAP EVIDENCE.COM DOCK SINGLE BAY REPLACEMENT $ - Bundle Component, not for independent sale 85272 3.5 YEAR TAP EVIDENCE.COM DOCK 6 BAY REPLACEMENT $ - Bundle Component, not for independent sale 85273 3.5 YEAR TAP 6-BAY DOCK EVIDENCE.COM DOCK REPLACEMENT $ - Bundle Component, not for independent sale 85274 3.5 YEAR TAP 1-BAY DOCK EVIDENCE.COM REPLACEMENT $ - Bundle Component, not for independent sale 85275 3.5 YEAR TAP BODY 2 REPLACEMENT $ - Bundle Component, not for independent sale 85276 3.5 YEAR TAP DOCK 2 SINGLE BAY REPLACEMENT $ - Bundle Component, not for independent sale 85277 3.5 YEAR TAP DOCK 2 SIX BAY REPLACEMENT $ - Bundle Component, not for independent sale DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 21 85278 3.5 YEAR TAP DOCK 2 SIX BAY + CORE REPLACEMENT $ - Bundle Component, not for independent sale 85279 3.5 YEAR TAP DOCK 2 SINGLE BAY + CORE REPLACEMENT $ - Bundle Component, not for independent sale 85281 4 YEAR TAP EVIDENCE.COM DOCK CORE REPLACEMENT $ - Bundle Component, not for independent sale 85282 4 YEAR TAP EVIDENCE.COM DOCK SINGLE BAY REPLACEMENT $ - Bundle Component, not for independent sale 85283 4 YEAR TAP EVIDENCE.COM DOCK 6 BAY REPLACEMENT $ - Bundle Component, not for independent sale 85284 4 YEAR TAP 6-BAY DOCK EVIDENCE.COM DOCK REPLACEMENT $ - Bundle Component, not for independent sale 85285 4 YEAR TAP 1-BAY DOCK EVIDENCE.COM REPLACEMENT $ - Bundle Component, not for independent sale 85286 4 YEAR TECH ASSURANCE PLAN BODY 2 REPLACEMENT $ - Bundle Component, not for independent sale 85287 4 YEAR TAP DOCK 2 SINGLE BAY REPLACEMENT $ - Bundle Component, not for independent sale 85288 4 YEAR TAP DOCK 2 SIX BAY REPLACEMENT $ - Bundle Component, not for independent sale 85289 4 YEAR TAP DOCK 2 SIX BAY + CORE REPLACEMENT $ - Bundle Component, not for independent sale 85290 4 YEAR TAP DOCK 2 SINGLE BAY + CORE REPLACEMENT $ - Bundle Component, not for independent sale 85535 EVIDENCE.COM STORAGE (GB)-5 YEAR CONTRACT $ 3.75 85700 TASER 60 YEAR 1 PAYMENT: X2 UNLIMITED $ 501.00 85701 TASER 60 YEAR 2 PAYMENT: X2 UNLIMITED $ 501.00 85702 TASER 60 YEAR 3 PAYMENT: X2 UNLIMITED $ 501.00 85703 TASER 60 YEAR 4 PAYMENT: X2 UNLIMITED $ 501.00 85704 TASER 60 YEAR 5 PAYMENT: X2 UNLIMITED $ 501.00 85705 TASER 60 YEAR 1 PAYMENT: X26P UNLIMITED $ 430.20 85706 TASER 60 YEAR 2 PAYMENT: X26P UNLIMITED $ 430.20 85707 TASER 60 YEAR 3 PAYMENT: X26P UNLIMITED $ 430.20 85708 TASER 60 YEAR 4 PAYMENT: X26P UNLIMITED $ 430.20 85709 TASER 60 YEAR 5 PAYMENT: X26P UNLIMITED $ 430.20 85741 UCP NO PPM STANDARD UNLIMITED $ - Bundle Component, not for independent sale 85742 UCP NO PPM SMART UNLIMITED $ - Bundle Component, not for independent sale 86000 EVIDENCE.COM ARCHIVAL ANNUAL STORAGE $ 0.38 86005 EVIDENCE.COM ARCHIVAL STORAGE 5 YEAR $ 1.88 87005 BASIC EVIDENCE.COM LICENSE: 5 YEAR $ 900.00 87024 5 YEAR OFFICER SAFETY PLAN STANDARD DOCK 2 SIX BAY + CORE $ - Bundle Component, not for independent sale 87025 5 YEAR OFFICER SAFETY PLAN STANDARD DOCK 2 SINGLE BAY + CORE $ - Bundle Component, not for independent sale 87029 2 YEAR EXTENDED WARRANTY BODY 2 $ 209.00 87030 2 YEAR EXTENDED WARRANTY DOCK 2 SINGLE BAY + CORE $ 135.75 87031 2 YEAR EXTENDED WARRANTY DOCK 2 SIX BAY + CORE $ 523.00 87034 5 YEAR OFFICER SAFETY PLAN STANDARD BODY 2 $ - Bundle Component, not for independent sale 87040 4 YEAR EXTENDED WARRANTY BODY 2 $ 417.00 87050 FLEET VIEW XL ACCESS LICENSE $ - Bundle Component, not for independent sale 87051 FLEET VIEW XL LICENSE PAYMENT $ 29.00 87052 TECH ASSURANCE PLAN 1-BAY BODY 2 DOCK WARRANTY $ - Bundle Component, not for independent sale 87053 TECH ASSURANCE PLAN 1-BAY BODY 2 DOCK PAYMENT $ 3.25 87054 TECH ASSURANCE PLAN 6-BAY BODY 2 DOCK WARRANTY $ - Bundle Component, not for independent sale 87055 TECH ASSURANCE PLAN 6-BAY BODY 2 DOCK PAYMENT $ 29.50 87056 TECH ASSURANCE PLAN 1-BAY FLEX 2 DOCK WARRANTY $ - Bundle Component, not for independent sale 87057 TECH ASSURANCE PLAN 1-BAY FLEX 2 DOCK PAYMENT $ 3.25 DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 22 87058 TECH ASSURANCE PLAN 6-BAY FLEX 2 DOCK WARRANTY $ - Bundle Component, not for independent sale 87059 TECH ASSURANCE PLAN 6-BAY FLEX 2 DOCK PAYMENT $ 29.50 87060 TECH ASSURANCE PLAN 1-BAY BODY 3 DOCK WARRANTY $ - Bundle Component, not for independent sale 87061 TECH ASSURANCE PLAN 1-BAY BODY 3 DOCK PAYMENT $ 9.50 87062 TECH ASSURANCE PLAN 8-BAY BODY 3 DOCK PAYMENT $ 57.50 87063 TECH ASSURANCE PLAN BODY 3 CAMERA PAYMENT $ 28.00 87064 TECH ASSURANCE PLAN BODY 2 CAMERA WARRANTY $ - Bundle Component, not for independent sale 87065 TECH ASSURANCE PLAN BODY 2 CAMERA PAYMENT $ 21.00 87066 TECH ASSURANCE PLAN FLEX 2 CAMERA WARRANTY $ - Bundle Component, not for independent sale 87067 TECH ASSURANCE PLAN FLEX 2 CONTROLLER WARRANTY $ - Bundle Component, not for independent sale 87068 TECH ASSURANCE PLAN FLEX 2 CAMERA AND CONTROLLER PAYMENT $ 30.50 87069 TECH ASSURANCE PLAN FLEET 2 KIT WARRANTY $ - Bundle Component, not for independent sale 87070 TECH ASSURANCE PLAN FLEET 2 KIT WARRANTY PAYMENT $ 40.00 87101 BASIC EVIDENCE.COM LICENSE: YEAR 1 PAYMENT $ 180.00 87201 BASIC EVIDENCE.COM LICENSE: YEAR 2 PAYMENT $ 180.00 87301 BASIC EVIDENCE.COM LICENSE: YEAR 3 PAYMENT $ 180.00 87401 BASIC EVIDENCE.COM LICENSE: YEAR 4 PAYMENT $ 180.00 87501 BASIC EVIDENCE.COM LICENSE: YEAR 5 PAYMENT $ 180.00 88114 UCP STANDARD $ - Bundle Component, not for independent sale 88115 UCP SMART $ - Bundle Component, not for independent sale 88118 UCP STANDARD UPFRONT PAYMENT $ 900.00 88119 UCP SMART UPFRONT PAYMENT $ 1,020.00 88130 UCP STANDARD - YEAR 1 PAYMENT $ 180.00 88131 UCP STANDARD - YEAR 2 PAYMENT $ 180.00 88132 UCP STANDARD - YEAR 3 PAYMENT $ 180.00 88133 UCP STANDARD - YEAR 4 PAYMENT $ 180.00 88134 UCP STANDARD - YEAR 5 PAYMENT $ 180.00 88135 UCP SMART - YEAR 1 PAYMENT $ 204.00 88136 UCP SMART - YEAR 2 PAYMENT $ 204.00 88137 UCP SMART - YEAR 3 PAYMENT $ 204.00 88138 UCP SMART - YEAR 4 PAYMENT $ 204.00 88139 UCP SMART - YEAR 5 PAYMENT $ 204.00 89005 PROFESSIONAL EVIDENCE.COM LICENSE: 5 YEAR $ 2,340.00 89101 PROFESSIONAL EVIDENCE.COM LICENSE: YEAR 1 PAYMENT $ 468.00 89201 PROFESSIONAL EVIDENCE.COM LICENSE: YEAR 2 PAYMENT $ 468.00 89301 PROFESSIONAL EVIDENCE.COM LICENSE: YEAR 3 PAYMENT $ 468.00 89401 PROFESSIONAL EVIDENCE.COM LICENSE: YEAR 4 PAYMENT $ 468.00 89501 PROFESSIONAL EVIDENCE.COM LICENSE: YEAR 5 PAYMENT $ 468.00 98100 Cartridge, Simulator $ 13.10 MRJ0064 RUB, INJ, USB PLUG, TCHD-X2 $ 2.10 DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 23 ATTACHMENT F to Master Price Agreement by and between VENDOR and PURCHASER. ADDITIONAL VENDOR TERMS OF PURCHASE, IF ANY. DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 1 of 37 This Master Services and Purchasing Agreement (“Agreement”) is between Axon Enterprise, Inc., a Delaware corporation (“Axon”), and the agency on the Quote (“Agency”). This Agreement is effective as of the later of the (a) last signature date on this Agreement or (b) signature date on the Quote (“Effective Date”). Axon and Agency are each a “Party” and collectively “Parties”. This Agreement governs Agency’s purchase and use of the Axon Devices and Services detailed in the Quote Appendix (“Quote”). It is the intent of the Parties that this Agreement act as a master agreement governing all subsequent purchases by Agency for the same Axon products and services in the Quote, and all such subsequent quotes accepted by Agency shall be also incorporated into this Agreement by reference as a Quote. The Parties therefore agree as follows: 1 Definitions. “Axon Cloud Services” means Axon’s web services for Axon Evidence, Axon Records, Axon Dispatch, and interactions between Evidence.com and Axon Devices or Axon client software. Axon Cloud Service excludes third-party applications, hardware warranties, and my.evidence.com. “Axon Device” means all hardware provided by Axon under this Agreement. “Quote” means an offer to sell and is only valid for devices and services on the quote at the specified prices. Any terms within Agency’s purchase order in response to a Quote will be void. Orders are subject to prior credit approval. Changes in the deployment estimated ship date may change charges in the Quote. Shipping dates are estimates only. Axon is not responsible for typographical errors in any offer by Axon, and Axon reserves the right to cancel any orders resulting from such errors. “Services” means all services provided by Axon under this Agreement, including software, Axon Cloud Services, and professional services. 2 Term. This Agreement begins on the Effective Date and continues until all subscriptions hereunder have expired or have been terminated (“Term”). All subscriptions including Axon Evidence, Axon Fleet, Officer Safety Plans, Technology Assurance Plans, and TASER 7 plans begin after shipment of the applicable Axon Device. If Axon ships the Axon Device in the first half of the month, the start date is the 1st of the following month. If Axon ships the Axon Device in the second half of the month, the start date is the 15th of the following month. For purchases solely of Axon Evidence subscriptions, the start date is the Effective Date. Each subscription term ends upon completion of the subscription stated in the Quote (“Subscription Term”). Upon completion of the Subscription Term, the Subscription Term will automatically renew for an additional 5 years (“Renewal Term”). For purchase of TASER 7 as a standalone, Axon may increase pricing to its then-current list pricing for any Renewal Term. For all other purchases, Axon may increase pricing on all line items in the Quote up to 3% at the beginning of each year of the Renewal Term. New devices and services may require additional terms. Axon will not authorize services until Axon receives a signed Quote or accepts a purchase order, whichever is first. 3 Payment. Axon invoices upon shipment. Payment is due net 30 days from the invoice date. Payment obligations are non-cancelable. Agency will pay invoices without setoff, deduction, or withholding. If Axon sends a past due account to collections, Agency is responsible for collection and attorneys’ fees. 4 Taxes. Agency is responsible for sales and other taxes associated with the order unless Agency provides Axon a valid tax exemption certificate. 5 Shipping. Axon may make partial shipments and ship Axon Devices from multiple locations. All shipments are FOB shipping point via common carrier. Title and risk of loss pass to Agency upon Axon’s delivery to the common carrier. Agency is responsible for any shipping charges in the Quote. 6 Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law. DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 2 of 37 7 Warranty. 7.1 Hardware Limited Warranty. Axon warrants that Axon-manufactured Devices are free from defects in workmanship and materials for 1 year from the date of Agency’s receipt, except Signal Sidearm, which Axon warrants for 30 months from the date of Agency’s receipt. Axon warrants its Axon-manufactured accessories for 90-days from the date of Agency’s receipt. Used conducted energy weapon (“CEW”) cartridges are deemed to have operated properly. Extended warranties run from the expiration of the 1-year hardware warranty through the extended warranty term. Non- Axon manufactured Devices are not covered by Axon’s warranty. Agency should contact the manufacturer for support of non-Axon manufactured Devices. 7.2 Claims. If Axon receives a valid warranty claim for an Axon manufactured Device during the warranty term, Axon’s sole responsibility is to repair or replace the Device with the same or like Device, at Axon’s option. A replacement Axon Device will be new or like new. Axon will warrant the replacement Axon Device for the longer of (a) the remaining warranty of the original Axon Device or (b) 90-days from the date of repair or replacement. If Agency exchanges a device or part, the replacement item becomes Agency’s property, and the replaced item becomes Axon’s property. Before delivering a Axon Device for service, Agency must upload Axon Device data to Axon Evidence or download it and retain a copy. Axon is not responsible for any loss of software, data, or other information contained in storage media or any part of the Axon Device sent to Axon for service. 7.3 Spare Axon Devices. Axon may provide Agency a predetermined number of spare Axon Devices as detailed in the Quote (“Spare Axon Devices”). Spare Axon Devices will replace broken or non- functioning units. If Agency utilizes a Spare Axon Device, Agency must return to Axon, through Axon’s warranty return process, any broken or non-functioning units. Axon will repair or replace the unit with a replacement Axon Device. Upon termination, Axon will invoice Agency the MSRP then in effect for all Spare Axon Devices provided. If Agency returns the Spare Axon Devices to Axon within 30 days of the invoice date, Axon will issue a credit and apply it against the invoice. 7.4 Limitations. Axon’s warranty excludes damage related to: (a) failure to follow Axon Device use instructions; (b) Axon Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or intentional damage to Axon Device; (d) force majeure; (e) Axon Devices repaired or modified by persons other than Axon without Axon’s written permission; or (f) Axon Devices with a defaced or removed serial number. 7.4.1 To the extent permitted by law, the above warranties and remedies are exclusive. Axon disclaims all other warranties, remedies, and conditions, whether oral, written, statutory, or implied. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties are limited to the duration of the warranty described above and by the provisions in this Agreement. 7.4.2 Axon’s cumulative liability to any Party for any loss or damage resulting from any claim, demand, or action arising out of or relating to any Axon Device or Service will not exceed the purchase price paid to Axon for the Axon Device, or if for Services, the amount paid for such Services over the 12 months preceding the claim. Neither Party will be liable for direct, special, indirect, incidental, punitive or consequential damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort or any other legal theory. 8 Statement of Work. Certain Axon Devices and Services, including Axon Interview Room, Axon Channel Services, and Axon Fleet, may require a Statement of Work that details Axon’s Service deliverables (“SOW”). In the event Axon provides an SOW to Agency, Axon is only responsible to perform Services described in the SOW. Additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. The SOW is incorporated into this Agreement by reference. 9 Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings. DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 3 of 37 10 Design Changes. Axon may make design changes to any Axon Device or Service without notifying Agency or making the same change to Axon Devices and Services previously purchased by Agency. 11 Bundled Offerings. Some offerings in bundled offerings may not be generally available at the time of Agency’s purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the Quote due to a delay of availability or Agency’s election not to utilize any portion of an Axon bundle. 12 Insurance. Axon will maintain General Liability, Workers’ Compensation, and Automobile Liability insurance. Upon request, Axon will supply certificates of insurance. 13 Indemnification. Axon will indemnify Agency’s officers, directors, and employees (“Agency Indemnitees”) against all claims, demands, losses, and reasonable expenses arising out of a third-party claim against an Agency Indemnitee resulting from any negligent act, error or omission, or willful misconduct by Axon under this Agreement, except to the extent of Agency’s negligence or willful misconduct, or claims under workers compensation. 14 IP Rights. Axon owns and reserves all right, title, and interest in Axon devices and services and suggestions to Axon, including all related intellectual property rights. Agency will not cause any Axon proprietary rights to be violated. 15 IP Indemnification. Axon will indemnify Agency Indemnitees against all claims, losses, and reasonable expenses from any third-party claim alleging that the use of Axon Devices or Services infringes or misappropriates the third-party’s intellectual property rights. Agency must promptly provide Axon with written notice of such claim, tender to Axon the defense or settlement of such claim at Axon’s expense and cooperate fully with Axon in the defense or settlement of such claim. Axon’s IP indemnification obligations do not apply to claims based on (a) modification of Axon Devices or Services by Agency or a third-party not approved by Axon; (b) use of Axon Devices and Services in combination with hardware or services not approved by Axon; (c) use of Axon Devices and Services other than as permitted in this Agreement; or (d) use of Axon software that is not the most current release provided by Axon. 16 Agency Responsibilities. Agency is responsible for (a) Agency’s use of Axon Devices; (b) breach of this Agreement or violation of applicable law by Agency or an Agency end user; and (c) a dispute between Agency and a third-party over Agency’s use of Axon Devices. 17 Termination. 17.1 For Breach. A Party may terminate this Agreement for cause if it provides 30 days written notice of the breach to the other Party, and the breach remains uncured at the end of 30 days. If Agency terminates this Agreement due to Axon’s uncured breach, Axon will refund prepaid amounts on a prorated basis based on the effective date of termination. 17.2 By Agency. If sufficient funds are not appropriated or otherwise legally available to pay the fees, Agency may terminate this Agreement. Agency will deliver notice of termination under this section as soon as reasonably practicable. 17.3 Effect of Termination. Upon termination of this Agreement, Agency rights immediately terminate. Agency remains responsible for all fees incurred before the effective date of termination. If Agency purchases Axon Devices for less than the manufacturer’s suggested retail price (“MSRP”) and this Agreement terminates before the end of the Term, Axon will invoice Agency the difference between the MSRP for Axon Devices received and amounts paid towards those Axon Devices. Only if terminating for non-appropriation, Agency may return Axon Devices to Axon within 30 days of termination. MSRP is the standalone price of the individual Axon Device at the time of sale. For bundled Axon Devices, MSRP is the standalone price of all individual components. 18 Confidentiality. “Confidential Information” means nonpublic information designated as confidential or, given the nature of the information or circumstances surrounding disclosure, should reasonably be understood to be confidential. Each Party will take reasonable measures to avoid disclosure, dissemination, DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 4 of 37 or unauthorized use of the other Party’s Confidential Information. Unless required by law, neither Party will disclose the other Party’s Confidential Information during the Term and for 5-years thereafter. Axon pricing is Confidential Information and competition sensitive. If Agency is required by law to disclose Axon pricing, to the extent allowed by law, Agency will provide notice to Axon before disclosure. Axon may publicly announce information related to this Agreement. 19 General. 19.1 Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond a Party’s reasonable control. 19.2 Independent Contractors. The Parties are independent contractors. Neither Party has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties. 19.3 Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement. 19.4 Non-Discrimination. Neither Party nor its employees will discriminate against any person based on race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law. 19.5 Export Compliance. Each Party will comply with all import and export control laws and regulations. 19.6 Assignment. Neither Party may assign this Agreement without the other Party’s prior written consent. Axon may assign this Agreement, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets. This Agreement is binding upon the Parties respective successors and assigns. 19.7 Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right. 19.8 Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect. 19.9 Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, Indemnification, IP Rights, and Agency Responsibilities. 19.10 Governing Law. The laws of the state where Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. 19.11 Notices. All notices must be in English. Notices posted on Agency’s Axon Evidence site are effective upon posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective immediately. Contact information for notices: Axon: Axon Enterprise, Inc. Agency: Attn: Legal Attn: 17800 N. 85th Street Street Address Scottsdale, Arizona 85255 City, State, Zip legal@axon.com Email 19.12 Entire Agreement. This Agreement, including the Appendices and any SOW(s), represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 5 of 37 Agreement may only be modified or amended in a writing signed by the Parties. Each representative identified below declares they have been expressly authorized to execute this Agreement as of the date of signature. Axon Enterprise, Inc. Agency Signature: Signature: Name: Name: Title: Title: Date: Date: DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 6 of 37 Axon Cloud Services Terms of Use Appendix 1 Definitions. “Agency Content” is data uploaded into, ingested by, or created in Axon Cloud Services within Agency’s tenant, including media or multimedia uploaded into Axon Cloud Services by Agency. Agency Content includes Evidence but excludes Non-Content Data. “Evidence” is media or multimedia uploaded into Axon Evidence as 'evidence' by an Agency. Evidence is a subset of Agency Content. “Non-Content Data” is data, configuration, and usage information about Agency’s Axon Cloud Services tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non-Content Data includes data about users captured during account management and customer support activities. Non-Content Data does not include Agency Content. “Personal Data” means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. 2 Access. Upon Axon granting Agency a subscription to Axon Cloud Services, Agency may access and use Axon Cloud Services to store and manage Agency Content. Agency may not exceed more end users than the Quote specifies. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence Lite, Agency may access and use Axon Evidence only to store and manage TASER CEW and TASER CAM data (“TASER Data”). Agency may not upload non- TASER Data to Axon Evidence Lite. 3 Agency Owns Agency Content. Agency controls and owns all right, title, and interest in Agency Content. Except as outlined herein, Axon obtains no interest in Agency Content, and Agency Content are not business records of Axon. Agency is solely responsible for uploading, sharing, managing, and deleting Agency Content. Axon will have limited access to Agency Content solely for providing and supporting Axon Cloud Services to Agency and Agency end users. 4 Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program to protect Axon Cloud Services and Agency Content including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum. 5 Agency Responsibilities. Agency is responsible for (a) ensuring Agency owns Agency Content; (b) ensuring no Agency Content or Agency end user’s use of Agency Content or Axon Cloud Services violates this Agreement or applicable laws; and (c) maintaining necessary computer equipment and Internet connections for use of Axon Cloud Services. If Agency becomes aware of any violation of this Agreement by an end user, Agency will immediately terminate that end user’s access to Axon Cloud Services. Agency will also maintain the security of end user names and passwords and security and access by end users to Agency Content. Agency is responsible for ensuring the configuration and utilization of Axon Cloud Services meet applicable Agency regulation and standards. Agency may not sell, transfer, or sublicense access to any other entity or person. Agency shall contact Axon immediately if an unauthorized party may be using Agency’s account or Agency Content, or if account information is lost or stolen. DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 7 of 37 6 Privacy. Axon will not disclose Agency Content or information about Agency except as compelled by a court or administrative body or required by law or regulation. If Axon receives a disclosure request for Agency Content, Axon will give Agency notice, unless legally prohibited from doing so, to allow Agency to file an objection with the court or administrative body. Agency agrees to allow Axon access to certain information from Agency to (a) perform troubleshooting services upon request or as part of regular diagnostic screening; (b) enforce this Agreement or policies governing the use of Axon Evidence; or (c) perform analytic and diagnostic evaluations of the systems. 7 Axon Body 3 Wi-Fi Positioning. Axon Body 3 cameras offer a feature to enhance location services where GPS/GNSS signals may not be available, for instance, within buildings or underground. Agency administrators can manage their choice to use this service within the administrative features of Axon Cloud Services. If Agency chooses to use this service, Axon must also enable the usage of the feature for Agency’s Axon Cloud Services tenant. Agency will not see this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for Agency’s Axon Cloud Services tenant. When Wi-Fi Positioning is enabled by both Axon and Agency, Non-Content and Personal Data will be sent to Skyhook Holdings, Inc. (“Skyhook”) to facilitate the Wi-Fi Positioning functionality. Data controlled by Skyhook is outside the scope of the Axon Cloud Services Privacy Policy and is subject to the Skyhook Services Privacy Policy. 8 Storage. For Axon Unlimited Device Storage subscriptions, Agency may store unlimited data in Agency's Axon Evidence account only if data originates from Axon Capture or the applicable Axon Device. Axon may charge Agency additional fees for exceeding purchased storage amounts. Axon may place Agency Content that Agency has not viewed or accessed for 6 months into archival storage. Agency Content in archival storage will not have immediate availability and may take up to 24 hours to access. 9 Location of Storage. Axon may transfer Agency Content to third-party subcontractors for storage. Axon will determine the locations of data centers for storage of Agency Content. For United States agencies, Axon will ensure all Agency Content stored in Axon Cloud Services remains within the United States. Ownership of Agency Content remains with Agency. 10 Suspension. Axon may temporarily suspend Agency’s or any end user’s right to access or use any portion or all of Axon Cloud Services immediately upon notice, if Agency or end user’s use of or registration for Axon Cloud Services may (a) pose a security risk to Axon Cloud Services or any third-party; (b) adversely impact Axon Cloud Services , the systems, or content of any other customer; (c) subject Axon, Axon’s affiliates, or any third-party to liability; or (d) be fraudulent. Agency remains responsible for all fees incurred through suspension. Axon will not delete Agency Content because of suspension, except as specified in this Agreement. 11 Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or errors before Agency uploads data to Axon Cloud Services. 12 Axon Records. Axon Records is the software-as-a-service product that is generally available at the time Agency purchases an OSP 7 bundle. During Agency’s Axon Records Subscription Term, Agency will be entitled to receive Axon’s Update and Upgrade releases on an if-and-when available basis. An “Update” is a generally available release of Axon Records that Axon makes available from time to time. An “Upgrade” includes (i) new versions of Axon Records that enhance features and functionality, as solely determined by Axon; and/or (ii) new versions of Axon Records that provide additional features or perform additional functions. Upgrades exclude new products that Axon introduces and markets as distinct products or applications. New or additional Axon products and applications, as well as any Axon professional services DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 8 of 37 needed to configure Axon Records, are not included. If Agency purchases Axon Records as part of a bundled offering, the Axon Record subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Records to Agency. 13 Axon Cloud Services Restrictions. Agency and Agency end users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to: 13.1 copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services; 13.2 reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to derive any source code included in Axon Cloud Services, or allow others to do the same; 13.3 access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; 13.4 use trade secret information contained in Axon Cloud Services, except as expressly permitted in this Agreement; 13.5 access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services; 13.6 remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within Axon Cloud Services; or 13.7 use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious material; to store or transmit material in violation of third-party privacy rights; or to store or transmit malicious code. 14 After Termination. Axon will not delete Agency Content for 90-days following termination. There will be no functionality of Axon Cloud Services during these 90-days other than the ability to retrieve Agency Content. Agency will not incur additional fees if Agency downloads Agency Content from Axon Cloud Services during this time. Axon has no obligation to maintain or provide Agency Content after these 90-days and will thereafter, unless legally prohibited, delete all Agency Content. Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Agency Content from Axon Cloud Services. 15 Post-Termination Assistance. Axon will provide Agency with the same post-termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Agency Content, including requests for Axon’s data egress service, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system. 16 U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Cloud Services on behalf of a U.S. Federal department, Axon Cloud Services is provided as a “commercial item,” “commercial computer software,” “commercial computer software documentation,” and “technical data”, as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Agency is using Axon Cloud Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, Agency will immediately discontinue use of Axon Cloud Services. 17 Survival. Upon any termination of this Agreement, the following sections in this Appendix will survive: Agency Owns Agency Content, Storage, Axon Cloud Services Warranty, and Axon Cloud Services Restrictions. DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 9 of 37 Professional Services Appendix 1 Utilization of Services. Agency must use professional services as outlined in the Quote and this Appendix within 6 months of the Effective Date. 2 Body-Worn Camera Full Service (BWC Full Service). BWC Full Service includes advance remote project planning and configuration support and up to 4 consecutive days of on-site service and a professional services manager to work with Agency to assess Agency’s deployment and determine which on-site services are appropriate. If Agency requires more than 4 consecutive on- site days, Agency must purchase additional days. BWC Full Service options include: System set up and configuration • Instructor-led setup of Axon View on smartphones (if applicable) • Configure categories and custom roles based on Agency need • Register cameras to Agency domain • Troubleshoot IT issues with Axon Evidence and Axon Dock (“Dock”) access • One on-site session included Dock configuration • Work with Agency to decide the ideal location of Docks and set configurations on Dock • Authenticate Dock with Axon Evidence using admin credentials from Agency • On-site assistance, not to include physical mounting of docks Best practice implementation planning session • Provide considerations for the establishment of video policy and system operations best practices based on Axon’s observations with other agencies • Discuss the importance of entering metadata in the field for organization purposes and other best practice for digital data management • Provide referrals of other agencies using the Axon camera devices and Axon Evidence • Recommend rollout plan based on review of shift schedules System Admin and troubleshooting training sessions Step-by-step explanation and assistance for Agency’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon instructor training (Train the Trainer) Training for Agency’s in-house instructors who can support Agency’s Axon camera and Axon Evidence training needs after Axon has fulfilled its contractual on-site obligations Evidence sharing training Tailored workflow instruction for Investigative Units on sharing Cases and Evidence with local prosecuting agencies End user go-live training and support sessions • Assistance with device set up and configuration • Training on device use, Axon Evidence, and Evidence Sync Implementation document packet Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide Post go-live review 3 Body-Worn Camera Starter Service (BWC Starter). BWC Starter includes advance remote project planning and configuration support and one day of on-site Services and a professional services manager to work closely with Agency to assess Agency’s deployment and determine which Services are appropriate. If Agency requires more than 1 day of on-site Services, Agency must purchase additional on-site Services. The BWC Starter options include: DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 10 of 37 System set up and configuration (Remote Support) • Instructor-led setup of Axon View on smartphones (if applicable) • Configure categories & custom roles based on Agency need • Troubleshoot IT issues with Axon Evidence and Axon Dock (“Dock”) access Dock configuration • Work with Agency to decide the ideal location of Dock setup and set configurations on Dock • Authenticate Dock with Axon Evidence using “Administrator” credentials from Agency • Does not include physical mounting of docks Axon instructor training (Train the Trainer) Training for Agency’s in-house instructors who can support Agency’s Axon camera and Axon Evidence training needs after Axon’s has fulfilled its contracted on-site obligations End user go-live training and support sessions • Assistance with device set up and configuration • Training on device use, Axon Evidence, and Evidence Sync Implementation document packet Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide 4 Body-Worn Camera Virtual 1-Day Service (BWC Virtual). BWC Virtual includes all items in the BWC Starter Service Package, except one day of on-site services. 5 CEW Services Packages. CEW Services Packages are detailed below: System set up and configuration • Configure Axon Evidence categories & custom roles based on Agency need. • Troubleshoot IT issues with Axon Evidence. • Register users and assign roles in Axon Evidence. • For the CEW Full Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included Dedicated Project Manager Assignment of specific Axon representative for all aspects of planning the rollout (Project Manager). Ideally, Project Manager will be assigned to Agency 4–6 weeks before rollout Best practice implementation planning session to include: • Provide considerations for the establishment of CEW policy and system operations best practices based on Axon’s observations with other agencies • Discuss the importance of entering metadata and best practices for digital data management • Provide referrals to other agencies using TASER CEWs and Axon Evidence • For the CEW Full Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included System Admin and troubleshooting training sessions On-site sessions providing a step-by-step explanation and assistance for Agency’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon Evidence Instructor training • Provide training on the Axon Evidence to educate instructors who can support Agency’s subsequent Axon Evidence training needs. • For the CEW Full Service Package: Training for up to 3 individuals at Agency • For the CEW Starter Package: Training for up to 1 individual at Agency DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 11 of 37 TASER CEW inspection and device assignment Axon’s on-site professional services team will perform functions check on all new TASER CEW Smart weapons and assign them to a user on Axon Evidence. Post go-live review For the CEW Full Service Package: On-site assistance included. For the CEW Starter Package: Virtual assistance included. 6 Smart Weapon Transition Service. The Smart Weapon Transition Service includes: Archival of CEW Firing Logs Axon’s on-site professional services team will upload CEW firing logs to Axon Evidence from all TASER CEW Smart Weapons that Agency is replacing with newer Smart Weapon models. Return of Old Weapons Axon’s on-site professional service team will ship all old weapons back to Axon’s headquarters. Axon will provide Agency with a Certificate of Destruction *Note: CEW Full Service packages for TASER 7 include Smart Weapon Transition Service instead of 1- Day Device Specific Instructor Course. 7 Signal Sidearm Installation Service. If Agency purchases Signal Sidearm Installation Service, Axon will provide one day of on-site Services and one professional services manager and will cover the installation of up 100 Signal Sidearm devices per package purchased. Agency is responsible for providing an appropriate work area and ensuring all holsters that will have Signal Sidearm installed onto them are available on the agreed-upon installation date(s). Installation includes: Removal of existing connection screws that affix a holster to a holster mount Proper placement of the Signal Sidearm Mounting Plate between the holster and the mount Reattachment of the holster to the mount using appropriate screws Functional testing of Signal Sidearm device 8 Out of Scope Services. Axon is only responsible to perform the professional services described in the Quote and this Appendix. Any additional professional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule. 9 Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays. Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Agency travel time by Axon personnel to Agency premises as work hours. 10 Access Computer Systems to Perform Services. Agency authorizes Axon to access relevant Agency computers and networks, solely for performing the Services. Axon will work to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial itemized list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency. 11 Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the Axon Devices (“User Documentation”). User Documentation will include all required environmental specifications for the professional Services and Axon Devices to operate per the Axon Device User Documentation. Before installation of Axon Devices (whether performed by Agency or Axon), Agency must prepare the location(s) where Axon Devices are to be installed (“Installation Site”) per the environmental specifications in the Axon Device User Documentation. Following installation, Agency must maintain the Installation Site per the environmental specifications. If Axon modifies Axon Device User Documentation for any Axon Devices under this Agreement, Axon will provide the update to Agency when Axon generally releases it. If Axon DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 12 of 37 modifies Axon Device User Documentation for any Axon Devices under this Agreement, Axon will provide the update to Agency when Axon generally releases it 12 Acceptance. When Axon completes professional Services, Axon will present an acceptance form (“Acceptance Form”) to Agency. Agency will sign the Acceptance Form acknowledging completion. If Agency reasonably believes Axon did not complete the professional Services in substantial conformance with this Agreement, Agency must notify Axon in writing of the specific reasons for rejection within 7 calendar days from delivery of the Acceptance Form. Axon will address the issues and re-present the Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written notification of reasons for rejection within 7 calendar days of delivery of the Acceptance Form, Axon will deem Agency to have accepted the professional Services. 13 Agency Network. For work performed by Axon transiting or making use of Agency’s network, Agency is solely responsible for maintenance and functionality of the network. In no event will Axon be liable for loss, damage, or corruption of Agency’s network from any cause. DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 13 of 37 Technology Assurance Plan Appendix If Technology Assurance Plan (“TAP”) or a bundle including TAP is on the Quote, this appendix applies. 1 TAP Warranty. The TAP warranty is an extended warranty that starts at the end of the 1-year Hardware Limited Warranty. 2 Officer Safety Plan. If Agency purchases an Officer Safety Plan (“OSP”), Agency will receive the deliverables detailed in the Quote. Agency must accept delivery of the TASER CEW and accessories as soon as available from Axon. 3 OSP 7 Term. OSP 7 begins after Axon ships the Axon Body 3 or TASER 7 hardware to Agency. If Axon ships in the first half of the month, OSP 7 starts the 1st of the following month. If Axon ships in the second half of the month, OSP 7 starts the 15th of the following month (“OSP 7 Term”). 4 TAP BWC Upgrade. If Agency has no outstanding payment obligations and purchased TAP, Axon will provide Agency a new Axon body-worn camera (“BWC Upgrade”) as scheduled in the Quote. If Agency purchased TAP Axon will provide a BWC Upgrade that is the same or like Axon Device, at Axon’s option. Axon makes no guarantee the BWC Upgrade will utilize the same accessories or Axon Dock. 5 TAP Dock Upgrade. If Agency has no outstanding payment obligations and purchased TAP, Axon will provide Agency a new Axon Dock as scheduled in the Quote (“Dock Upgrade”). Accessories associated with any Dock Upgrades are subject to change at Axon discretion. Dock Upgrades will only include a new Axon Dock bay configuration unless a new Axon Dock core is required for BWC compatibility. If Agency originally purchased a single-bay Axon Dock, the Dock Upgrade will be a single-bay Axon Dock model that is the same or like Axon Device, at Axon’s option. If Agency originally purchased a multi-bay Axon Dock, the Dock Upgrade will be a multi-bay Axon Dock that is the same or like Axon Device, at Axon’s option. 6 Upgrade Delay. Axon may ship the BWC and Dock Upgrades as scheduled in the Quote without prior confirmation from Agency unless the Parties agree in writing otherwise at least 90 days in advance. Axon may ship the final BWC and Dock Upgrade as scheduled in the Quote 60 days before the end of the Subscription Term without prior confirmation from Agency. 7 Upgrade Change. If Agency wants to change Axon Device models for the offered BWC or Dock Upgrade, Agency must pay the price difference between the MSRP for the offered BWC or Dock Upgrade and the MSRP for the model desired. If the model Agency desires has an MSRP less than the MSRP of the offered BWC Upgrade or Dock Upgrade, Axon will not provide a refund. The MSRP is the MSRP in effect at the time of the upgrade. 8 Return of Original Axon Device. Within 30 days of receiving a BWC or Dock Upgrade, Agency must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon including serial numbers for the destroyed Axon Devices. If Agency does not return or destroy the Axon Devices, Axon will deactivate the serial numbers for the Axon Devices received by Agency. 9 Termination. If Agency’s payment for TAP, OSP, or Axon Evidence is more than 30 days past due, Axon may terminate TAP or OSP. Once TAP or OSP terminates for any reason: 9.1 TAP and OSP coverage terminate as of the date of termination and no refunds will be given. 9.2 Axon will not and has no obligation to provide the Upgrade Models. 9.3 Agency must make any missed payments due to the termination before Agency may purchase any future TAP or OSP. DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 14 of 37 TASER 7 Appendix This TASER 7 Appendix applies to Agency’s TASER 7, OSP 7, or OSP 7 Plus purchase from Axon. 1 Duty Cartridge Replenishment Plan. If the Quote includes “Duty Cartridge Replenishment Plan”, Agency must purchase the plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty and those that only use a CEW for training. Agency may not resell cartridges received. Axon will only replace cartridges used in the line of duty. 2 Training. If the Quote includes a training voucher, Agency must use the voucher within 1 year of issuance, or the voucher will be void. Axon will issue Agency a voucher annually beginning on the start of the TASER Subscription Term. The voucher has no cash value. Agency cannot exchange it for another device or service. Unless stated in the Quote, the voucher does not include travel expenses and will be Agency’s responsibility. If the Quote includes Axon Online Training or Virtual Reality Content Empathy Development for Autism/Schizophrenia (collectively, “Training Content”), Agency may access Training Content. Axon will deliver all Training Content electronically. 3 Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage period warranty will be for a 5-year term, which includes the hardware manufacturer’s warranty plus the 4-year extended term. 4 Trade-in. If the Quote contains a discount on CEW-related line items, including items related to OSP, then that discount may only be applied as a trade-in credit, and Agency must return used hardware and accessories associated with the discount (“Trade-In Units”) to Axon. Agency must ship batteries via ground shipping. Axon will pay shipping costs of the return. If Axon does not receive Trade-In Units within the timeframe below, Axon will invoice Agency the value of the trade- in credit. Agency may not destroy Trade-In Units and receive a trade-in credit. Agency Size Days to Return from Start Date of TASER 7 Subscription Less than 100 officers 30 days 100 to 499 officers 90 days 500+ officers 180 days 5 TASER 7 Subscription Term. The TASER 7 Subscription Term for a standalone TASER 7 purchase begins on shipment of the TASER 7 hardware. The TASER 7 Subscription Term for OSP 7 begins on the OSP 7 Start date. 6 Access Rights. Upon Axon granting Agency a TASER 7 Axon Evidence subscription, Agency may access and use Axon Evidence for the storage and management of data from TASER 7 CEW devices during the TASER 7 Subscription Term. Agency may not upload any non-TASER 7 data or any other files to Axon Evidence. Agency may not exceed the number of end users than the Quote specifies. 7 Privacy. Axon will not disclose Agency Content or any information about Agency except as compelled by a court or administrative body or required by any law or regulation. Axon will give notice if any disclosure request is received for Agency Content, so Agency may file an objection with the court or administrative body. Agency acknowledges and agrees that Axon may access Agency Content to: (a) perform troubleshooting services upon request or as part of Axon’s maintenance or diagnostic screenings; (b) enforce this Agreement or policies governing use of Axon Evidence; (c) generate aggregated data, excluding information that can be used to distinguish DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 15 of 37 or trace an individual's identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual (collectively, “PII”), to improve, analyze, support, and operate Axon’s current and future devices and services. 8 Termination. If payment for TASER 7 is more than 30 days past due, Axon may terminate Agency’s TASER 7 plan by notifying Agency. Upon termination for any reason, then as of the date of termination: 8.1 TASER 7 extended warranties and access to Training Content will terminate. No refunds will be given. 8.2 Axon will invoice Agency the remaining MSRP for TASER 7 products received before termination. If terminating for non-appropriations, Axon will not invoice Agency if Agency returns the CEW, rechargeable battery, holster, dock, core, training suits, and unused cartridges to Axon within 30 days of the date of termination. 8.3 Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER 7 plan. DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 16 of 37 Axon Auto-Tagging Appendix 1 Scope. Axon Auto-Tagging consists of the development of a module to allow Axon Evidence to interact with Agency’s Computer-Aided Dispatch (“CAD”) or Records Management Systems (“RMS”). This allows end users to auto-populate Axon video meta-data with a case ID, category, and location- based on data maintained in Agency’s CAD or RMS. 2 Support. For thirty days after completing Auto-Tagging Services, Axon will provide up to 5 hours of remote support at no additional charge. Axon will provide free support due to a change in Axon Evidence, so long as long as Agency maintains an Axon Evidence and Auto-Tagging subscription. Axon will not provide support if a change is required because Agency changes its CAD or RMS. 3 Changes. Axon is only responsible to perform the Services in this Appendix. Any additional Services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. 4 Agency Responsibilities. Axon’s performance of Auto-Tagging Services requires Agency to: 4.1 Make available relevant systems, including Agency’s current CAD or RMS, for assessment by Axon (including remote access if possible); 4.2 Make required modifications, upgrades or alterations to Agency’s hardware, facilities, systems and networks related to Axon’s performance of Auto-Tagging Services; 4.3 Provide access to the premises where Axon is performing Auto-Tagging Services, subject to Agency safety and security restrictions, and allow Axon to enter and exit the premises with laptops and materials needed to perform Auto-Tagging Services; 4.4 Provide all infrastructure and software information (TCP/IP addresses, node names, network configuration) necessary for Axon to provide Auto-Tagging Services; 4.5 Promptly install and implement any software updates provided by Axon; 4.6 Ensure that all appropriate data backups are performed; 4.7 Provide assistance, participation, and approvals in testing Auto-Tagging Services; 4.8 Provide Axon with remote access to Agency’s Axon Evidence account when required; 4.9 Notify Axon of any network or machine maintenance that may impact the performance of the module at Agency; and 4.10 Ensure reasonable availability of knowledgeable staff and personnel to provide timely, accurate, complete, and up-to-date documentation and information to Axon. 5 Access to Systems. Agency authorizes Axon to access Agency’s relevant computers, network systems, and CAD or RMS solely for performing Auto-Tagging Services. Axon will work diligently to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency. DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 17 of 37 Axon Fleet Appendix 1 Agency Responsibilities. Agency must ensure its infrastructure and vehicles adhere to the minimum requirements to operate Axon Fleet 2 or Axon Fleet 3 (collectively, “Axon Fleet”) as established by Axon during the qualifier call and on-site assessment at Agency and in any technical qualifying questions. If Agency’s representations are inaccurate, the Quote is subject to change. 2 Cradlepoint. If Agency purchases Cradlepoint Enterprise Cloud Manager, Agency will comply with Cradlepoint’s end user license agreement. The term of the Cradlepoint license may differ from the Axon Evidence Subscription. If Agency requires Cradlepoint support, Agency will contact Cradlepoint directly. 3 Third-party Installer. Axon will not be liable for the failure of Axon Fleet hardware to operate per specifications if such failure results from installation not performed by, or as directed by Axon. 4 Wireless Offload Server. 4.1 License Grant. Axon grants Agency a non-exclusive, royalty-free, worldwide, perpetual license to use Wireless Offload Server (“WOS”). “Use” means storing, loading, installing, or executing WOS solely for data communication with Axon Devices for the number of licenses purchased. The WOS term begins upon the start of the Axon Evidence Subscription. 4.2 Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative works of WOS; (b) reverse engineer, disassemble, or decompile WOS, apply any process to derive the source code of WOS, or allow others to do so; (c) access or use WOS to avoid incurring fees or exceeding usage limits; (d) copy WOS in whole or part; (e) use trade secret information contained in WOS; (f) resell, rent, loan or sublicense WOS; (g) access WOS to build a competitive device or service or copy any features, functions or graphics of WOS; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within WOS. 4.3 Updates. If Agency purchases WOS maintenance, Axon will make updates and error corrections to WOS (“WOS Updates”) available electronically via the Internet or media as determined by Axon. Agency is responsible for establishing and maintaining adequate Internet access to receive WOS Updates and maintaining computer equipment necessary for use of WOS. The Quote will detail the maintenance term. 4.4 WOS Support. Upon request by Axon, Agency will provide Axon with access to Agency’s store and forward servers solely for troubleshooting and maintenance. 5 Axon Vehicle Software. 5.1 License Grant. Axon grants Agency a non-exclusive, royalty-free, worldwide, perpetual license to use ViewXL or Dashboard (collectively, “Axon Vehicle Software”.) “Use” means storing, loading, installing, or executing Axon Vehicle Software solely for data communication with Axon Devices. The Axon Vehicle Software term begins upon the start of the Axon Evidence Subscription. 5.2 Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative works of Axon Vehicle Software; (b) reverse engineer, disassemble, or decompile Axon Vehicle Software, apply any process to derive the source code of Axon Vehicle Software, or allow others to do so; (c) access or use Axon Vehicle Software to avoid incurring fees or exceeding usage limits; (d) copy Axon Vehicle Software in whole or part; (e) use trade secret information contained in Axon Vehicle Software; (f) resell, rent, loan or sublicense Axon Vehicle Software; (g) access Axon Vehicle Software to build a competitive device or service or copy any features, functions or graphics of Axon Vehicle Software; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Axon Vehicle Software. DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 18 of 37 6 Axon Fleet Upgrade. If Agency has no outstanding payment obligations and has purchased the “Fleet Technology Assurance Plan” (Fleet TAP), Axon will provide Agency with the same or like model of Fleet hardware (“Fleet Upgrade”) as schedule on the Quote. If Agency would like to change models for the Axon Fleet Upgrade, Agency must pay the difference between the MSRP for the offered Axon Fleet Upgrade and the MSRP for the model desired. The MSRP is the MSRP in effect at the time of the upgrade. Agency is responsible for the removal of previously installed hardware and installation of the Axon Fleet Upgrade. Within 30 days of receiving the Axon Fleet Upgrade, Agency must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon, including serial numbers of the destroyed Axon Devices. If Agency does not destroy or return the Axon Devices to Axon, Axon will deactivate the serial numbers for the Axon Devices received by Agency. 7 Privacy. Axon will not disclose Agency Content or any information about Agency except as compelled by a court or administrative body or required by any law or regulation. Axon will give notice if any disclosure request is received for Agency Content, so Agency may file an objection with the court or administrative body. Agency acknowledges and agrees that Axon may access Agency Content to: (a) perform troubleshooting services upon request or as part of Axon’s maintenance or diagnostic screenings; (b) enforce this Agreement or policies governing use of Axon Evidence; (c) generate aggregated data, excluding information that can be used to distinguish or trace an individual's identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual (collectively, “PII”), to improve, analyze, support, and operate Axon’s current and future devices and services. 8 Axon Fleet Termination. Axon may terminate Agency’s Fleet subscription for non-payment. Upon any termination: 8.1 Axon Fleet subscription coverage terminates, and no refunds will be given. 8.2 Axon will not and has no obligation to provide the Axon Fleet Upgrade. 8.3 Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future Fleet TAP. DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 19 of 37 Axon Aware Appendix This Axon Aware Appendix applies to both Axon Aware and Axon Aware Plus. 1 Axon Aware Subscription Term. If Agency purchases Axon Aware as part of a bundled offering, the Axon Aware subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Aware to Agency. If Agency purchases Axon Aware as a standalone, the Axon Aware subscription begins the later of the (1) date Axon provisions Axon Aware to Agency, or (2) first day of the month following the Effective Date. The Axon Aware subscription term will end upon the completion of the Axon Evidence Subscription associated with Axon Aware. 2 Scope of Axon Aware. The scope of Axon Aware is to assist Agency with real-time situational awareness during critical incidents to improve officer safety, effectiveness, and awareness. In the event Agency uses Axon Aware outside this scope, Axon may initiate good-faith discussions with Agency on upgrading Agency’s Axon Aware to better meet Agency’s needs. 3 Axon Body 3 LTE Requirements. Axon Aware is only available and usable with an LTE enabled body-worn camera. Axon is not liable if Agency utilizes the LTE device outside of the coverage area or if the LTE carrier is unavailable. LTE coverage is only available in the United States, including any U.S. territories. Axon may utilize a carrier of Axon’s choice to provide LTE service. Axon may change LTE carriers during the Term without Agency’s consent. 4 Axon Fleet 3 LTE Requirements. Axon Aware is only available and usable with a Fleet 3 system configured with LTE modem and service. Agency is responsible for providing LTE service for the modem. Coverage and availability of LTE service is subject to Agency’s LTE carrier. 5 Axon Aware Service Limitations. Agency acknowledges that LTE service is made available only within the operating range of the networks. Service may be temporarily refused, interrupted, or limited because of: (a) facilities limitations; (b) transmission limitations caused by atmospheric, terrain, other natural or artificial conditions adversely affecting transmission, weak batteries, system overcapacity, movement outside a service area or gaps in coverage in a service area and other causes reasonably outside of the carrier’s control such as intentional or negligent acts of third parties that damage or impair the network or disrupt service; or (c) equipment modifications, upgrades, relocations, repairs, and other similar activities necessary for the proper or improved operation of service. With regard to Axon Body 3, Partner networks are made available as-is and the carrier makes no warranties or representations as to the availability or quality of roaming service provided by carrier partners, and the carrier will not be liable in any capacity for any errors, outages, or failures of carrier partner networks. Agency expressly understands and agrees that it has no contractual relationship whatsoever with the underlying wireless service provider or its affiliates or contractors and Agency is not a third-party beneficiary of any agreement between Axon and the underlying carrier. 6 Termination. Upon termination of this Agreement, or if Agency stops paying for Axon Aware or bundles that include Axon Aware, Axon will end Aware services, including any Axon-provided LTE service. DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 20 of 37 Add-on Services Appendix This Appendix applies to Axon Citizen for Communities, Axon Redaction Assistant, and Axon Performance. 1 Subscription Term. If Agency purchases Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance as part of OSP 7, the subscription begins on the later of the (1) start date of the OSP 7 Term, or (2) date Axon provisions Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance to Agency. If Agency purchases Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance as a standalone, the subscription begins the later of the (1) date Axon provisions Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance to Agency, or (2) first day of the month following the Effective Date. The subscription term will end upon the completion of the Axon Evidence Subscription associated with the add-on. 2 Axon Citizen Storage. For Axon Citizen, Agency may store an unlimited amount of data submitted through the public portal (“Portal Content”), within Agency’s Axon Evidence instance. The post- termination provisions outlined in the Axon Cloud Services Terms of Use Appendix also apply to Portal Content. 3 Performance Auto-Tagging Data. In order to provide some features of Axon Performance to Agency, Axon will need to store call for service data from Agency’s CAD or RMS. DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 21 of 37 Flock Software Terms of Use Appendix 1 Definitions. “Aggregated Data” means information that relates to a group or category of customers, from which individual customer identities have been removed, that is not linked or reasonably linkable to any customer, including via a device. “Authorized End User” shall mean any individual employees, agents, or contractors of Customer accessing or using the Flock Services through the Web Interface, under the rights granted to Customer pursuant to this Agreement. “Customer” will mean the Customer. "Customer Data” will mean the data, media and content provided by Customer through the Flock Services. For the avoidance of doubt, the Customer Data will include the Footage and geolocation information and environmental data collected by sensors built into the Units. “Documentation” will mean text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Flock Services which are provided by Flock to Customer in accordance with the terms of this Agreement. “Embedded Software” will mean the software and/or firmware embedded or preinstalled on the Flock Hardware. “Flock IP” will mean the Flock Services, the Documentation, the Flock Hardware, the Embedded Software, the Installation Services, and any and all intellectual property therein or otherwise provided to Customer and/or its Authorized End Users in connection with the foregoing. “Flock Hardware” shall mean the Flock Gate Cameras and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Flock Services. The term “Flock Hardware” excludes the Embedded Software. “Flock Services” means the provision, via the Web Interface, of Flock’s software application for automatic license plate detection, searching image records, and sharing Footage. “Flock System” means collectively, the Flock Hardware, Embedded Software, and Flock Services. “Footage” means still images and/or video captured by the Flock Hardware in the course of and provided via the Flock Services. “Non-Customer End User” means a Flock customer that has elected to give Customer access to its data in the Flock System. “Non-Customer End User Data” means the Footage, geolocation data, environmental data and/or notifications of a Non-Customer End User. “Unit(s)” shall mean the Flock Hardware together with the Embedded Software. “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Flock Services in accordance with the terms of this Agreement. 2 Flock Services. 2.1 Provision of Access. Subject to the terms of this Agreement, Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 22 of 37 the Flock Services via the Web Interface during the term of Customer’s agreement, solely for the Authorized End Users. The Footage will be available for Customer to access via the Web Interface for 30 days. Authorized End Users will be required to sign up for an account, and select a password and username (“User ID”). Flock will also provide Customer the Documentation to be used in accessing and using the Flock Services. Customer shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, if undertaken by Customer, would constitute a breach of this Agreement, shall be deemed a breach of this Agreement by Customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of the provisions of this Agreement as applicable to such Authorized End User’s use of the Flock Services and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, including without limitation using a third party to host the Web Interface which make the Flock Services available to Customer and Authorized End Users. Customer agrees to comply with any acceptable use policies and other terms of any third-party service provider that are provided or otherwise made available to Customer from time to time. 2.2 Embedded Software License. Subject to all terms of this Agreement, Flock grants Customer a limited, non-exclusive, non-transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as installed on the Flock Hardware by Flock; in each case, solely as necessary for Customer to use the Flock Services. 2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Customer a non-exclusive, non-transferable right and license to use the Documentation during the Service Term for Customer’s internal purposes in connection with its use of the Flock Services as contemplated herein. 2.4 Usage Restrictions. Customer will not, and will not permit any Authorized End Users to, (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP, or attempt to do any of the foregoing, and Customer acknowledges that nothing in this Agreement will be construed to grant Customer any right to obtain or use such source code; (iii) modify, alter, tamper with or repair any of the Flock IP, or create any derivative product from any of the foregoing, or attempt to do any of the foregoing, except with the prior written consent of Flock; (vi) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within any of the Application IP; (vii) use the Flock Services for timesharing or service bureau purposes or otherwise for the benefit of a third party or any purpose other than the Purpose; or (viii) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey, or pledge as security or otherwise encumber, Customer’s rights under Sections 2.1, 2.2, or 2.3. 2.5 Retained Rights; Ownership. As between the Parties, subject to the rights granted in this Agreement, Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. There are no implied rights. 2.6 Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP if (i) Flock reasonably determines that (a) there is a threat or attack on DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 23 of 37 any of the Flock IP; (b) Customer’s or any Authorized End User’s use of the Flock Service disrupts or poses a security risk to the Flock Service or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Flock’s provision of the Flock Services to Customer or any Authorized End User is prohibited by applicable law; or (e) any vendor of Flock has suspended or terminated Flock’s access to or use of any third party services or products required to enable Customer to access the Flock (each such suspension, in accordance with this Section 2.6, a “Service Suspension”). Flock will make commercially reasonable efforts, circumstances permitting, to provide written notice of any Service Suspension to Customer (including notices sent to Flock’s registered email address) and to provide updates regarding resumption of access to the Flock IP following any Service Suspension. Flock will use commercially reasonable efforts to resume providing access to the Application Service as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Flock will extend the Customer’s term by the duration of any suspension (for any continuous suspension lasting at least one full day) where the service suspension is not caused by the direct Customer’s actions or by the actions of parties associated with the Customer. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Customer or any Authorized End User may incur as a result of a Service Suspension. 3 Installation Services. 3.1 Designated Locations. Prior to performing the physical installation of the Units, Flock shall advise Customer on the location and positioning of the Units for optimal license plate image capture, as conditions and location allow. While Flock will provide advice regarding the location of positioning of such Units, Customer will have the ultimate decision regarding the location, position, and angle of the Units (each Unit location so designated by Customer, a “Designated Location”). Due to the fact that Customer selects the Designated Location, Flock shall have no liability to Customer resulting from any poor performance, functionality or Footage resulting from or otherwise relating to the Designated Locations, or delay in installation due to Customer’s delay in identifying the choices for the Designated Locations, in ordering and/or having the Designated Location ready for installation including having all electrical work preinstalled and permits ready. Designated Locations that are suggested by Flock and accepted by Customer without alteration will be known as Flock Designated Locations. After a deployment plan with Designated Locations and equipment has been agreed upon by both Flock and the Customer, any subsequent changes to the deployment plan (“Reinstalls”) driven by Customer's request will incur a charge for Flock’s then-current list price for Reinstalls, as listed in the then-current Reinstall Policy (available at https://www.flocksafety.com/reinstall-fee-schedule) and any equipment charges. These changes include but are not limited to camera re-positioning, adjusting of camera mounting, re-angling, removing foliage, camera replacement, changes to heights of poles, regardless of whether the need for Reinstalls related to vandalism, weather, theft, lack of criminal activity in view, and the like 3.2 Customer’s Installation Obligations. Customer agrees to allow Flock and its agents reasonable access to the designated installation locations at all reasonable times upon reasonable notice for the purpose of performing the installation work. The “Customer Installation Obligations” include, to the extent required by the Deployment Plan, but are not limited to electrical work to provide a reliable source of 120V AC power that follow Flock guidelines and comply with local regulations if adequate solar exposure is not available. Customer is solely responsible for (i) any permits or associated costs, and managing the permitting process; (ii) any permits or associated costs, any federal, state or local taxes including property, license, privilege, sales, use, excise, gross receipts or other similar taxes which may now or hereafter become applicable to, measured by or imposed upon or with respect to the installation of the Flock Hardware, its use, or any other services performed in connection therewith and that Customer shall be solely responsible for the DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 24 of 37 foregoing. Customer represents and warrants that it has all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the Designated Locations and to make any necessary inspections or tests in connection with such installation. 3.3 Flock’s Installation Obligations. The Flock Hardware shall be installed in a workmanlike manner in accordance with Flock’s standard installation procedures, and the installation will be completed within a reasonable time from the time the Designated Locations are selected by Customer. Following the initial installation of the Flock Hardware, Flock’s obligation to perform installation work shall cease; however, Flock will continue to monitor the performance of the Units, and receive access to the Footage for a period of 3 business days for maintenance purposes. Customer can opt out of Flock’s access in the preceding sentence, which would waive Flock’s responsibility to ensure such action was successful. Customer understands and agrees that the Flock Services will not function without the Flock Hardware. 3.4 Theft and Damage. Flock agrees to replace the Flock Hardware up to 1 time during the Term, at no cost to Customer, in the event of theft or damage. Subsequent replacement due to damage or theft will be at Customer’s own expense, at a replacement cost of $300 per camera. Customer shall not be required to replace subsequently damaged or stolen units; however, Customer understands and agrees that functionality, including Footage, will be materially affected due to such subsequently damaged or stolen units and that Flock will have no liability to Customer regarding such affected functionality nor shall the Fees owed be impacted. 3.5 Security Interest. The Flock Hardware shall remain the personal property of Flock and will be removed upon the termination or expiration of Customer’s Agreement. Customer agrees to perform all acts which may be necessary to assure the retention of title of the Flock Hardware by Flock. Should Customer default in any payment for the Flock Services or any part thereof or offer to sell or auction the Flock Hardware, then Customer authorizes and empowers Flock to remove the Flock Hardware or any part thereof. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right. 3.6 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock’s price for its services under this Agreement does not contemplate work in any areas that contain hazardous materials, or other hazardous conditions, including, without limit, asbestos. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately in the area affected until such materials are removed or rendered harmless. Any additional expenses incurred by Flock as a result of the discovery or presence of hazardous material or hazardous conditions shall be the responsibility of Customer and shall be paid promptly upon billing. 4 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer will use the Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of video, photo, or audio content and retention thereof. Customer hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities, settlements and expenses, including without limitation costs and attorneys’ fees, in connection with any claim or action that arises from an alleged violation of the foregoing, Customer’s Installation Obligations, or otherwise from Customer’s use of the Services, Hardware and any Software, including any claim that such actions violate any applicable law or third party right. Although Flock has no obligation to monitor Customer’s use of the Services, Flock may do so and may prohibit any use of the Services it DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 25 of 37 believes may be (or alleged to be) in violation of the foregoing 5 Data, Feedback; Aggregated Statistics. 5.1 Customer and Non-Customer End User Data. As between Flock and Customer, all right, title and interest in the Customer Data and Non-Customer End User Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, worldwide license to use the Customer Data and Non-Customer End User Data and perform all acts with respect to the Customer Data and Non-Customer End User Data as may be necessary for Flock to provide the Flock Services to Customer, and a non- exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, modify and distribute the Customer Data and Non-Customer End User Data as a part of the Aggregated Data (as defined in Section 5.3 below). This Agreement does not by itself make any Non-Customer End User Data the sole property or the Proprietary Information of Customer. Flock will automatically delete Footage older than 30 days. Customer has a 30-day window to view, save and/or transmit Footage to the relevant government agency prior to its deletion. 5.2 Feedback. If Customer provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Customer hereby assigns (and will cause its agents and representatives to assign) to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing. 5.3 Aggregated Data. Notwithstanding anything in this Agreement to the contrary, Flock shall have the right to collect and analyze data that does not refer to or identify Customer or any individuals or de-identifies such data and other information relating to the provision, use and performance of various aspects of the Flock Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom). Customer acknowledges that Flock will be compiling Aggregated Data based on Customer Data and Non-Customer End User Data input into the Flock Services. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right and license (during and after the Service Term hereof) to use and distribute such Aggregated Data to improve and enhance the Services and for other marketing, development, diagnostic and corrective purposes in connection with the Flock Services and other Flock offerings. No rights or licenses are granted except as expressly set forth herein. 6 Fees and Term. The initial term of the Flock Services shall be for the time period set forth on the Quote (“Initial Flock Term”). Following the Initial Flock Term, this Agreement will automatically renew for successive renewal terms of the length set forth on the Quote (each, a “Flock Renewal Term”, and together with the Initial Flock Term, the “Service Term”) unless either Party gives the other Party notice of non-renewal at least 30 days prior to the end of the then-current Service Term. The Service Term begins when all Flock Hardware is installed and has been validated as operational by Flock. 7 Remedy; Warranty; and Disclaimer. 7.1 Remedy. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must first make commercially reasonable efforts to address the problem by contacting Flock’s technical support. If such efforts do not correct the Defect, Flock shall, or shall instruct one of its contractors to, in its sole discretion, repair or replace the Flock Hardware or Embedded Software suffering from the Defect. Flock reserves the right to refuse or delay replacement or its choice of remedy for a Defect until after it has inspected and tested the affected Unit; provided that such inspection and test shall occur within 72 hours after Customer notifies the Flock of defect. Except for cameras owned by Customer, Flock agrees to replace cameras at a fee according to the then-current Reinstall Policy (https://www.flocksafety.com/reinstall-fee-schedule). Customer shall not be required DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 26 of 37 to replace subsequently damaged or stolen units; however, Customer understands and agrees that functionality, including Footage, will be materially affected due to such subsequently damaged or stolen units and that Flock will have no liability to Customer regarding such affected functionality nor shall the Fees owed be impacted. 7.2 Exclusions. Flock will not provide the remedy described in Section 6.1 above if any of the following exclusions apply: (a) misuse of the Flock Hardware or Embedded Software in any manner, including operation of the Flock Hardware or Embedded Software in any way that does not strictly comply with any applicable specifications, documentation, or other restrictions on use provided by Flock; (b) damage, alteration, or modification of the Flock Hardware or Embedded Software in any way; or (c) combination of the Flock Hardware or Embedded Software with software, hardware or other technology that was not expressly authorized by Flock. 7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Flock Services. Flock Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. 7.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 6.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE FLOCK HARDWARE AND/OR EMBEDDED SOFTWARE. THE FLOCK DOES NOT WARRANT THAT THE FLOCK SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE FLOCK SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE FLOCK SERVICES AND INSTALLATION SERVICES ARE PROVIDED “AS IS” AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. 7.5 Insurance. Flock and Customer will each maintain commercial general liability policies with policy limits reasonably commensurate with the magnitude of their business risk. Certificates of Insurance will be provided upon request. 8 Limitation of Liability and Indemnity. 8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL FLOCK HARDWARE AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY, INCOMPLETENESS OR CORRUPTION OF DATA OR FOOTAGE OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR IDENTIFY AND/OR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (D) FOR ANY PUBLIC DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH; (E) FOR CRIME PREVENTION; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 27 of 37 CLAIMS, EXCEED THE FEES PAID AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE FLOCK SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF AN EMERGENCY, CUSTOMER SHOULD CONTACT 911 AND SHOULD NOT RELY ON THE FLOCK SERVICES. 8.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, deputies, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable (if at all) only for the torts of its own officers, agents, or employees that occur within the scope of their official duties. Customer will not pursue any claims or actions against Flock’s suppliers. 8.3 Indemnity. Customer hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of Section 3, a breach of this Agreement, Customer’s sharing of any data in connection with the Flock system, Flock employees or agent or Non-Customer End Users, or otherwise from Customer’s use of the Flock Services, Flock Hardware and any Software, including any claim that such actions violate any applicable law or third party right. Although Flock has no obligation to monitor Customer’s use of the Flock Services, Flock may do so and may prohibit any use of the Flock Services it believes may be (or alleged to be) in violation of the Section 3 or this Agreement. 9 Data Preservation. The Customer agrees to store Customer Data and Non-Customer End User Data in compliance with all applicable local, state, and federal laws, regulations, policies and ordinances and their associated record retention schedules. As part of Customer’s consideration for paid access and no-fee access to the Flock System, to the extent that Flock is required by local, state or federal law to store the Customer Data or the Non-Customer End User Data, Customer agrees to preserve and securely store this data on Flock’s behalf so that Flock can delete the data from its servers and, should Flock be legally compelled by judicial or government order, Flock may retrieve the data from Customer upon demand. 10 Publicity. Flock has the right to reference and use Customer’s name and trademarks and disclose the nature of the Flock Services provided hereunder in each case in business and development and marketing efforts, including without limitation on Flock’s website. 11 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in FAR section 2.101, the Flock Services, the Flock Hardware, the Embedded Software and Documentation are “commercial items” and according to DFAR section 252.2277014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 28 of 37 Axon Commander™ Software Appendix 1 License. Axon owns all executable instructions, images, icons, sound, and text in Commander. All rights are reserved to Axon. Axon grants a non-exclusive, royalty-free, worldwide right and license to use Commander. “Use” means storing, loading, installing, or executing Commander exclusively for data communication with an Axon Device. Agency may use Commander in a networked environment on computers other than the computer it installs Commander on, so long as each execution of Commander is for data communication with an Axon Device. Agency may make copies of Commander for archival purposes only. Agency shall retain all copyright, trademark, and proprietary notices in Commander on all copies or adaptations. 2 Term. The Quote will detail the duration of the Commander license, as well as any maintenance. The term will begin upon installation of Commander by Axon. 3 License Restrictions. All licenses will immediately terminate if Agency does not comply with any term of this Agreement. Agency may not use Commander for any purpose other than as expressly permitted by this Agreement. Agency may not: 3.1 modify, tamper with, repair, or otherwise create derivative works of Commander; 3.2 reverse engineer, disassemble, or decompile Commander or apply any process to derive the source code of Commander, or allow others to do the same; 3.3 access or use Commander to avoid incurring fees or exceeding usage limits or quotas; 3.4 copy Commander in whole or part, except as expressly permitted in this Agreement; 3.5 use trade secret information contained in Commander; 3.6 resell, rent, loan or sublicense Commander; 3.7 access Commander to build a competitive device or service or copy any features, functions, or graphics of Commander; or 3.8 remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Commander or any copies of Commander. 4 Support. Axon may make available updates and error corrections (“Updates”) to Commander. Axon will provide Updates electronically via the Internet or media as determined by Axon. Agency is responsible for establishing and maintaining adequate access to the Internet to receive Updates. Agency is responsible for maintaining the computer equipment necessary to use Commander. Axon may provide technical support of a prior release/version of Commander for 6 months from when Axon made the subsequent release/version available. 5 Termination. Axon may terminate Agency’s license immediately for Agency’s failure to comply with any of the terms in this Agreement. Upon termination, Axon may disable Agency’s right to login to Axon Commander. DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 29 of 37 Axon Application Programming Interface Appendix 1 Definitions. “API Client” means the software that acts as the interface between Agency’s computer and the server, which is already developed or to be developed by Agency. “API Interface” means software implemented by Agency to configure Agency’s independent API Client Software to operate in conjunction with the API Service for Agency’s authorized Use. “Axon Evidence Partner API, API or AXON API” (collectively “API Service”) means Axon’s API which provides a programmatic means to access data in Agency’s Axon Evidence account or integrate Agency’s Axon Evidence account with other systems. “Use” means any operation on Agency’s data enabled by the supported API functionality. 2 Purpose and License. 2.1 Agency may use API Service and data made available through API Service, in connection with an API Client developed by Agency. Axon may monitor Agency’s use of API Service to ensure quality, improve Axon devices and services, and verify compliance with this Agreement. Agency agrees to not interfere with such monitoring or obscure from Axon Agency’s use of API Service. Agency will not use API Service for commercial use. 2.2 Axon grants Agency a non-exclusive, non-transferable, non-sublicensable, worldwide, revocable right and license during the Term to use API Service, solely for Agency’s Use in connection with Agency’s API Client. 2.3 Axon reserves the right to set limitations on Agency’s use of the API Service, such as a quota on operations, to ensure stability and availability of Axon’s API. Axon will use reasonable efforts to accommodate use beyond the designated limits. 3 Configuration. Agency will work independently to configure Agency’s API Client with API Service for Agency’s applicable Use. Agency will be required to provide certain information (such as identification or contact details) as part of the registration. Registration information provided to Axon must be accurate. Agency will inform Axon promptly of any updates. Upon Agency’s registration, Axon will provide documentation outlining API Service information. 4 Agency Responsibilities. When using API Service, Agency and its end users may not: 4.1 use API Service in any way other than as expressly permitted under this Agreement; 4.2 use in any way that results in, or could result in, any security breach to Axon; 4.3 perform an action with the intent of introducing any viruses, worms, defect, Trojan horses, malware, or any items of a destructive nature to Axon Devices and Services; 4.4 interfere with, modify, disrupt or disable features or functionality of API Service or the servers or networks providing API Service; 4.5 reverse engineer, decompile, disassemble, or translate or attempt to extract the source code from API Service or any related software; 4.6 create an API Interface that functions substantially the same as API Service and offer it for use by third parties; 4.7 provide use of API Service on a service bureau, rental or managed services basis or permit other individuals or entities to create links to API Service; 4.8 frame or mirror API Service on any other server, or wireless or Internet-based device; 4.9 make available to a third-party, any token, key, password or other login credentials to API Service; 4.10 take any action or inaction resulting in illegal, unauthorized or improper purposes; or disclose Axon’s API manual. 5 API Content. All content related to API Service, other than Agency Content or Agency’s API Client DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 30 of 37 content, is considered Axon’s API Content, including: 5.1 the design, structure and naming of API Service fields in all responses and requests; 5.2 the resources available within API Service for which Agency takes actions on, such as evidence, cases, users, or reports; and 5.3 the structure of and relationship of API Service resources; and 5.4 the design of API Service, in any part or as a whole. 6 Prohibitions on API Content. Neither Agency nor its end users will use API content returned from the API Interface to: 6.1 scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header; 6.2 copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third-party; 6.3 misrepresent the source or ownership; or 6.4 remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices). 7 API Updates. Axon may update or modify the API Service from time to time (“API Update”). Agency is required to implement and use the most current version of API Service and to make any applicable changes to Agency’s API Client required as a result of such API Update. API Updates may adversely affect how Agency’s API Client access or communicate with API Service or the API Interface. Each API Client must contain means for Agency to update API Client to the most current version of API Service. Axon will provide support for 1 year following the release of an API Update for all depreciated API Service versions. DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 31 of 37 Advanced User Management Appendix 1 Scope. Advanced User Management allows Agency to (a) utilize bulk user creation and management, (b) automate user creation and management through System for Cross-domain Identity Management (“SCIM”), and (c) automate group creation and management through SCIM. 2 Advanced User Management Configuration. Agency will work independently to configure Agency’s Advanced User Management for Agency’s applicable Use. Upon request, Axon will provide general guidance to Agency, including documentation that details the setup and configuration process. DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 32 of 37 Axon Channel Services Appendix 1 Definitions. “Axon Digital Evidence Management System” means Axon Evidence or Axon Commander, as specified in the attached Channel Services Statement of Work. “Active Channel” means a third-party system that is continuously communicating with an Axon Digital Evidence Management System. “Inactive Channel” means a third-party system that will have a one-time communication to an Axon Digital Evidence Management System. 2 Scope. Agency currently has a third-party system or data repository from which Agency desires to share data with Axon Digital Evidence Management. Axon will facilitate the transfer of Agency’s third-party data into an Axon Digital Evidence Management System or the transfer of Agency data out of an Axon Digital Evidence Management System as defined in the Channel Services Statement of Work (“Channel Services SOW”). Channel Services will not delete any Agency Content. Agency is responsible for verifying all necessary data is migrated correctly and retained per Agency policy. 3 Purpose and Use. Agency is responsible for verifying Agency has the right to share data from and provide access to third-party system as it relates to the Services described in this Appendix and the Channel Services SOW. For Active Channels, Agency is responsible for any changes to a third- party system that may affect the functionality of the channel service. Any additional work required for the continuation of the Service may require additional fees. An Axon Field Engineer may require access to Agency’s network and systems to perform the Services described in the Channel Services SOW. Agency is responsible for facilitating this access per all laws and policies applicable to Agency. 4 Project Management. Axon will assign a Project Manager to work closely with Agency’s project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables on time and budget. 5 Warranty. Axon warrants that it will perform the Channel Services in a good and workmanlike manner. 6 Monitoring. Axon may monitor Agency’s use of Channel Services to ensure quality, improve Axon devices and services, prepare invoices based on the total amount of data migrated, and verify compliance with this Agreement. Agency agrees not to interfere with such monitoring or obscure from Axon Agency’s use of channel services. 7 Agency’s Responsibilities. Axon’s successful performance of the Channel Services requires Agency: 7.1 Make available its relevant systems for assessment by Axon (including making these systems available to Axon via remote access); 7.2 Provide access to the building facilities and where Axon is to perform the Channel Services, subject to safety and security restrictions imposed by the Agency (including providing security passes or other necessary documentation to Axon representatives performing the Channel Services permitting them to enter and exit Agency premises with laptop personal computers and any other materials needed to perform the Channel Services); 7.3 Provide all necessary infrastructure and software information (TCP/IP addresses, node names, and network configuration) for Axon to provide the Channel Services; 7.4 Ensure all appropriate data backups are performed; 7.5 Provide Axon with remote access to the Agency’s network and third-party systems when required for Axon to perform the Channel Services; 7.6 Notify Axon of any network or machine maintenance that may impact the performance of DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 33 of 37 the Channel Services; and 7.7 Ensure the reasonable availability by phone or email of knowledgeable staff, personnel, system administrators, and operators to provide timely, accurate, complete, and up-to-date documentation and information to Axon (these contacts are to provide background information and clarification of information required to perform the Channel Services). DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 34 of 37 VIEVU Data Migration Appendix 1 Scope. Agency currently has legacy data in the VIEVU Solution from which Agency desires to move to Axon Evidence. Axon will work with Agency to copy legacy data from the VIEVU solution into Axon Evidence (“Migration”). Before Migration, Agency and Axon will work together to develop a Statement of Work (“Migration SOW”) to detail all deliverables and responsibilities. The Migration will require the availability of Agency resources. Such resources will be identified in the SOW. On- site support during Migration is not required. Upon Agency’s request, Axon will provide on-site support for an additional fee. Any request for on-site support will need to be pre-scheduled and is subject to Axon’s resource availability. A small amount of unexposed data related to system information will not be migrated from the VIEVU solution to Axon Evidence. Upon request, some of this data can be manually exported before Migration and provided to Agency. The Migration SOW will provide further detail. 2 Changes. Axon is only responsible to perform the Services described in this Appendix and Migration SOW. Any additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule. 3 Project Management. Axon will assign a Project Manager to work closely with Agency’s project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables on time and budget. 4 Downtime. There may be downtime during the Migration. The duration of the downtime will depend on the amount of data that Agency is migrating. Axon will work with Agency to minimize any downtime. Any VIEVU mobile application will need to be disabled upon Migration. 5 Functionality Changes. Due to device differences between the VIEVU solution and the Axon’s Axon Evidence solution, there may be functionality gaps that will not allow for all migrated data to be displayed the same way in the user interface after Migration 6 Acceptance. Once the Migration is complete, Axon will notify Agency and an acceptance form. Agency is responsible for verifying that the scope of the project has been completed and all necessary data is migrated correctly and retained per Agency policy. Agency will have 90 days to provide Axon acceptance that the Migration was successful, or Axon will deem the Migration accepted. In the event Agency does not accept the Migration, Agency agrees to notify the Axon within a reasonable time. Agency also agrees to allow Axon a reasonable time to resolve any issue. In the event Agency does not provide the Axon written rejection of the Migration during these 90 days, Agency may be charged for additional monthly storage costs. After Agency provides acceptance of the Migration, the Axon will delete all data from the VIEVU solution 90 days after the Migration. 7 Post-Migration. After Migration, the VIEVU solution may not be supported and updates may not be provided. Axon may end of life the VIEVU solution in the future. If Agency elects to maintain data within the VIEVU solution, Axon will provide Agency 90 days’ notice before ending support for the VIEVU solution. 8 Warranty. Axon warrants that it will perform the Migration in a good and workmanlike manner. 9 Monitoring. Axon may monitor Agency’s use of Migration to ensure quality, improve Axon devices and services, prepare invoices based on the total amount of data migrated, and verify compliance with this Agreement. Agency agrees not to interfere with such monitoring or obscure from Axon Agency’s use of Migration. DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 35 of 37 Axon Support Engineer Appendix 1 Axon Support Engineer Payment. Axon will invoice for Axon Support Engineer (“ASE”) services, as outlined in the Quote, when the Axon Support Engineer commences work on-site at Agency. 2 Full-Time ASE Scope of Services. 2.1 A Full-Time ASE will work on-site four (4) days per week. 2.2 Agency’s Axon sales representative and Axon’s Agency Success team will work with Agency to define its support needs and ensure the Full-Time ASE has skills to align with those needs. There may be up to a 6-month waiting period before the Full-Time ASE can work on-site, depending upon Agency’s needs and availability of a Full-Time ASE. 2.3 The purchase of Full-Time ASE Services includes 2 complimentary Axon Accelerate tickets per year of the Agreement, so long as the ASE has started work at Agency, and Agency is current on all payments for the Full-Time ASE Service. The Full-Time ASE Service options are listed below: Ongoing System Set-up and Configuration • Assisting with assigning cameras and registering docks • Maintaining Agency’s Axon Evidence account • Connecting Agency to “Early Access” programs for new devices Account Maintenance • Conducting on-site training on new features and devices for Agency leadership team(s) • Thoroughly documenting issues and workflows and suggesting new workflows to improve the effectiveness of the Axon program • Conducting weekly meetings to cover current issues and program status Data Analysis • Providing on-demand Axon usage data to identify trends and insights for improving daily workflows • Comparing Agency's Axon usage and trends to peers to establish best practices • Proactively monitoring the health of Axon equipment and coordinating returns when needed Direct Support • Providing on-site, tier 1 and tier 2 technical support for Axon devices • Proactively monitoring the health of Axon equipment • Creating and monitoring RMAs on-site • Providing Axon app support • Monitoring and testing new firmware and workflows before they are released to Agency’s production environment Agency Advocacy • Coordinating bi-annual voice of customer meetings with Axon’s Device Management team • Recording and tracking Agency feature requests and major bugs 3 Regional ASE Scope of Services 3.1 A Regional ASE will work on-site for 3 consecutive days per quarter. Agency must schedule the on-site days at least 2 weeks in advance. The Regional ASE will also be available by phone and email during regular business hours up to 8 hours per week. 3.2 There may be up to a 6-month waiting period before Axon assigns a Regional ASE to Agency, depending upon the availability of a Regional ASE. 3.3 The purchase of Regional ASE Services includes 2 complimentary Axon Accelerate tickets per year of the Agreement, so long as the ASE has started work at Agency and Agency is current on all payments for the Regional ASE Service. The Regional ASE service options are listed below: DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 36 of 37 Account Maintenance • Conducting remote training on new features and devices for Agency’s leadership • Thoroughly documenting issues and workflows and suggesting new workflows to improve the effectiveness of the Axon program • Conducting weekly conference calls to cover current issues and program status • Visiting Agency quarterly (up to 3 consecutive days) to perform a quarterly business review, discuss Agency's goals for your Axon program, and continue to ensure a successful deployment of Axon devices Direct Support • Providing remote, tier 1 and tier 2 technical support for Axon devices • Creating and monitoring RMAs remotely Data Analysis • Providing quarterly Axon usage data to identify trends and program efficiency opportunities • Comparing an Agency's Axon usage and trends to peers to establish best practices • Proactively monitoring the health of Axon equipment and coordinating returns when needed Agency Advocacy • Coordinating bi-yearly Voice of Agency meetings with Device Management team • Recording and tracking Agency feature requests and major bugs 4 Out of Scope Services. The ASE is responsible to perform only the Services described in this Appendix. Any additional Services discussed or implied that are not defined explicitly in this Appendix will be considered out of the scope. 5 ASE Leave Time. The ASE will be allowed up 7 days of sick leave and up to 15 days of vacation time per each calendar year. The ASE will work with Agency to coordinate any time off and will provide Agency with at least 2 weeks’ notice before utilizing any vacation days. DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 37 of 37 Redaction Services Appendix 1 Scope. Each month of Axon Redaction Service, Agency may utilize up to the number of redacted videos included on the Quote, or the maximum number of hours, whichever comes first. In order to be considered one video, a video an Agency submits to Axon for redaction must be less than 1 hour. If a video is longer than 1 hour, it will be rounded up to the next hour. For example, if Agency submits a video for redaction and that video is 150 minutes, the video will be considered 3 hours. Agency may not rollover unused redactions and hours from one month to the next. 2 Agency Responsibilities. 2.1 Access. Agency will create an account for Axon within Agency’s Axon Evidence tenant. Agency must provision Axon to have only permission to view and redact videos identified for redaction. Upon completion of work or on a periodic basis in alignment with Agency’s policy, Agency must manage or disable Axon’s access within Agency’s Axon Evidence tenant. 2.2 Policy. Agency is responsible for providing Axon Agency’s standard policy regarding redaction (“Redaction Policy”). The Redaction Policy should identify typical objects and audio that need to be redacted from video. Axon will redact videos per the Redaction Policy unless otherwise instructed in writing. 3 Submission. Agency will identify video for redaction and will submit requests to redactionservices@axon.com. Axon will redact the video according to the Redaction Policy within 72 hours. The redaction will be performed using Axon Evidence’s Redaction Studio. 4 Security. Axon will use CJIS certified employees to perform all redaction services. Axon employees will perform all redactions in a CJIS compliant room. 5 Acceptance of Redacted Video. Upon completing the redaction, Axon will assign the redacted video to Agency. Agency will review the video within 5 business days of receipt and notify Axon of any required changes. If changes are necessary, Axon will perform such changes within 48 hours of notification. In the event Agency does not notify Axon of any requested changes within 5 business days of receipt of the redacted video, Axon will deem the redacted video accepted by Agency. 6 Changes. Axon is only responsible to perform the Services in this Appendix. Any additional Services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 25 2. Full Force and Effect. In each and every other respect, the terms of the Master Price Agreement, as amended, entered into between the parties on or about June 8, 2020 shall remain in full force and effect during the term of the agreement and the parties hereto hereby ratify said Master Price Agreement in its entirety, as if fully set out herein, along with the modifications identified herein. IN WITNESS WHEREOF, the parties have hereto signed this Amendment on the day and year first above written. LEAGUE OF OREGON CITIES _______________________________ Date _________________________ BY: ITS: AXON ENTERPRISE, INC. _______________________________ Date _________________________ BY: ITS: DocuSign Envelope ID: AC9CECB2-9BA5-4C22-8812-EAE626910655 Robert Driscoll VP, Assoc. General Counsel 8/20/2020 Executive Director Mike Cully 8/20/2020 Third Amendment to LAW ENFORCEMENT EQUIPMENT RFP 2010 Master Price Agreement Product Line Update This Amendment to the Master Price Agreement is entered into this _____ day of February, 2021 by LEAGUE OF OREGON CITIES LOC (“Purchaser”) and AXON ENTERPRISE, INC. (“Vendor”) based upon the sales and/or service of LAW ENFORCEMENT EQUIPMENT. RECITALS WHEREAS, Purchaser and Vendor entered into a Master Price Agreement on or about June 8, 2020 and by this reference incorporated herein; and WHEREAS, Purchaser and Vendor entered into an Amendment to the Master Price Agreement on or about July 20, 2020 and by this reference incorporated herein; and WHEREAS, Purchaser and Vendor entered into a Second Amendment to the Master Price Agreement on or about August 20, 2020 and by this reference incorporated herein; and WHEREAS, Vendor desires to update its product price list to reflect any product price changes and new product offerings from the 2020 Price List to 2021 Price List as permitted under the terms of the Master Price Agreement; and WHEREAS, Vendor desires to update the Master Services and Purchasing Agreement (MSPA) found in Attachment F of the Master Price Agreement; and WHEREAS, Vendor has provided notice, on or about February 9, 2021 to update the product price list and MSPA in the Master Price Agreement; and WHEREAS, Purchaser and Vendor desire that the Master Price Agreement shall be amended in part to reflect the new product price list and MSPA. DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 26th AMENDMENT TO MASTER PRICE AGREEMENT 1. Product List Update. Attachment A to the Master Price Agreement shall be amended in part to reflect the following changes to the product price list: ATTACHMENT A to Master Price Agreement by and between VENDOR and PURCHASER. ADDITIONAL VENDOR TERMS OF PURCHASE, IF ANY. Product Code Product Name Current List Price Notes 2020 Pricing 2021 Price Change 11000 HANDLE, BLACK, CLASS 2, X26P $ 1,163.09 $ 1,113.00 -5% 11001 HANDLE, YELLOW, CLASS 2, X26P $ 1,163.09 $ 1,113.00 -5% 11002 BLACK X26P CEW, HANDLE $ 1,163.09 $ 1,113.00 -5% 11003 YELLOW X26P CEW, HANDLE $ 1,163.09 $ 1,113.00 -5% 11004 WARRANTY, 4 YEAR, X26P $ 361.57 $ 346.00 -5% 11008 WARRANTY, 2 YEAR, X26P $ 167.20 $ 160.00 -4% 11009 HANDLE, GREEN, CLASS 3R, X26P $ 1,163.09 $ 1,113.00 -5% 11010 XPPM, SPARE CARTRIDGE BATTERY PACK, X26P $ 83.08 $ 79.50 -5% 11015 XAPPM, SPARE CARTRIDGE, AUTO SHUT-DOWN BATTERY PACK, X26P $ 89.61 $ 85.75 -5% 11017 WARRANTY, 1 YEAR EXTENDED, X26P $ 130.10 $ 124.50 -4% 11021 X26P BLACK, CLASS 3R LASER, KOREA $ 1,163.09 $ 1,113.00 -5% 11023 HANDLE, BLUE, DEMO/LASER POINTER, X26P $ 166.68 $ 159.50 -5% 11026 HANDLE, BLUE, SIMULATOR, X26P $ 732.55 $ 701.00 -5% 11500 HOLSTER, BLADE TECH, RIGHT, X26P $ 73.67 $ 70.50 -4% 11501 RIGHT-HAND HOLSTER, X26P, BLACKHAWK $ 73.67 $ 70.50 -4% 11502 HOLSTER, SAFARILAND, BASKETWEAVE, RIGHT, X26P $ 109.20 $ 104.50 -4% 11503 HOLSTER, BLADE TECH, LEFT, X26P $ 73.67 $ 70.50 -4% 11504 LEFT-HAND HOLSTER, X26P, BLACKHAWK $ 73.67 $ 70.50 -4% 11505 HOLSTER, SAFARILAND, BASKETWEAVE, LEFT, X26P $ 109.20 $ 104.50 -4% DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 3 11605 CRADLEPOINT ROUTER - IBR900LP6 $ 880.00 NA New Accessory 11642 THIRD-PARTY VIDEO SUPPORT LICENSE $ - Bundle Component, not for independent sale NA New Offering 11643 THIRD-PARTY VIDEO SUPPORT LICENSE PAYMENT $ 9.00 NA New Offering 11700 MINI MOLLE MOUNT, AXON RAPIDLOCK $ - Bundle Component, not for independent sale $ 31.30 100% 11704 JACKET MOUNT, AXON RAPIDLOCK $ - Bundle Component, not for independent sale $ 29.95 100% 11705 SLIM MOUNT, AXON RAPIDLOCK $ - Bundle Component, not for independent sale $ 29.95 100% 11706 LOOP LOCK MOUNT, AXON RAPIDLOCK $ - Bundle Component, not for independent sale $ 29.95 100% 11708 OAKLEY FLAK 2.0 KIT, FLEX 2 $ 199.00 NA New Accessory 13025 CUSTOM MOUNT $ 52.25 NA New Accessory 13030 AXON BODY MAGNETIC DOCK CLICKFAST M6.4 PATTERN $ 22.66 NA New Accessory 20004 CARTRIDGE, SOFT CONTACT, LIVE SIMULATION TRAINING, SMART $ 41.54 $ 39.75 -5% 20006 HOLSTER, BLADE TECH, RIGHT, X2, LARGE TMMS INNER CONFIGURATI $ 93.01 $ 89.00 -5% 20007 HOLSTER, BLADE TECH, LEFT, X2, LARGE TMMS INNER CONFIGURATIO $ 93.01 $ 89.00 -5% 20027 TASER 7 CORRECTIONS BATTERY PACK $ 129.00 NA New Accessory 20037 TASER 7 HANDLE WARRANTY, 1-YEAR $ 75.00 NA New Offering 20038 TASER 7 BATTERY PACK WARRANTY, 1-YEAR $ 4.50 NA New Offering 20039 TASER 7 DOCK & CORE WARRANTY, 1-YEAR $ 75.00 NA New Offering 20043 TASER 7 HANDLE WARRANTY, 2-YEAR $ 150.00 NA New Offering 20044 TASER 7 BATTERY PACK WARRANTY, 2-YEAR $ 9.00 NA New Offering 20045 TASER 7 DOCK & CORE WARRANTY, 2-YEAR $ 150.00 NA New Offering 20056 HOOK-AND-LOOP TRAINING (HALT) SUIT KIT, SHIELD $ 40.00 NA New Accessory 20062 TASER 7 HOLSTER - BLACKHAWK, RIGHT HAND $ 69.00 NA New Accessory 20067 TASER 7 HOLSTER - BLACKHAWK, LEFT HAND $ 69.00 NA New Accessory 20094 TASER 7 CERTIFICATION PLAN ADD-ON YEAR 1 PAYMENT $ 240.00 NA New Offering 20095 TASER 7 CERTIFICATION PLAN ADD-ON YEAR 2 PAYMENT $ 240.00 NA New Offering 20096 TASER 7 CERTIFICATION PLAN ADD-ON YEAR 3 PAYMENT $ 240.00 NA New Offering 20097 TASER 7 CERTIFICATION PLAN ADD-ON YEAR 4 PAYMENT $ 240.00 NA New Offering 20098 TASER 7 CERTIFICATION PLAN ADD-ON YEAR 5 PAYMENT $ 240.00 NA New Offering 20099 TASER 7 CERTIFICATION PLAN ADD-ON UPFRONT PAYMENT $ 1,200.00 NA New Offering 20133 IN-HOUSE INSTRUCTOR COURSE ONLINE MATERIAL $ - Bundle Component, not for independent sale $ 30.00 100% 20164 TASER 7 HOLSTER ? SAFARILAND, BSKT WEAVE, RH+CART CARRIER $ 80.00 NA New Accessory 20165 TASER 7 HOLSTER ? SAFARILAND, BSKT WEAVE, LH+CART CARRIER $ 80.00 NA New Accessory 20245 TASER 7 CERTIFICATION PLAN TRUE UP $ 51.00 NA New Offering 20266 TASER 7 ONLINE TRAINING CONTENT ACCESS: 1 YEAR $ - Bundle Component, not for independent sale NA New Offering DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 4 20277 T7 CERT PLUS VR HEADER $ - Bundle Component, not for independent sale NA New Offering 20278 T7 CERT PLUS VR PAYMENT $ 70.00 NA New Offering 20279 T7 CERT PLUS VR TRUE UP PAYMENT $ 61.25 NA New Offering 20290 SAFARILAND STANDARD CARTRIDGE CARRIER - THIGH RIG $ 45.00 NA New Accessory 20291 SAFARILAND STANDARD CARTRIDGE CARRIER - BELT LOOP $ 45.00 NA New Accessory 20292 SAFARILAND THIGH RIG MOUNT $ 77.00 NA New Accessory 20293 SAFARILAND BELT CLIP $ 35.00 NA New Accessory 20300 X2 ONLINE TRAINING CONTENT ACCESS: 1 YEAR $ - Bundle Component, not for independent sale NA New Offering 20310 X26P ONLINE TRAINING CONTENT ACCESS: 1 YEAR $ - Bundle Component, not for independent sale NA New Offering 20350 3DOF VR ENT (1 - 20) LICENSE $ - Bundle Component, not for independent sale NA New Offering 20351 3DOF VR ENT (1 - 20) PAYMENT $ 55.00 NA New Offering 20352 3DOF VR ENT (21 - 50) LICENSE $ - Bundle Component, not for independent sale NA New Offering 20353 3DOF VR ENT (21 - 50) PAYMENT $ 180.00 NA New Offering 20354 3DOF VR ENT (51 - 100) LICENSE $ - Bundle Component, not for independent sale NA New Offering 20355 3DOF VR ENT (51 - 100) PAYMENT $ 380.00 NA New Offering 20356 3DOF VR ENT (101 - 150) LICENSE $ - Bundle Component, not for independent sale NA New Offering 20357 3DOF VR ENT (101 - 150) PAYMENT $ 614.00 NA New Offering 20358 3DOF VR ENT (151 - 250) LICENSE $ - Bundle Component, not for independent sale NA New Offering 20359 3DOF VR ENT (151 - 250) PAYMENT $ 980.00 NA New Offering 20360 3DOF VR ENT (251 - 500) LICENSE $ - Bundle Component, not for independent sale NA New Offering 20361 3DOF VR ENT (251 - 500) PAYMENT $ 1,781.00 NA New Offering 20362 3DOF VR ENT (501 - 1,000) LICENSE $ - Bundle Component, not for independent sale NA New Offering 20363 3DOF VR ENT (501 - 1,000) PAYMENT $ 3,380.00 NA New Offering 20364 3DOF VR ENT (1,001 - 1,500) LICENSE $ - Bundle Component, not for independent sale NA New Offering 20365 3DOF VR ENT (1,001 - 1,500) PAYMENT $ 5,317.00 NA New Offering 20366 3DOF VR ENT (1,501 - 5,000) LICENSE $ - Bundle Component, not for independent sale NA New Offering 20367 3DOF VR ENT (1,501 - 5,000) PAYMENT $ 13,200.00 NA New Offering 20380 6DOF + 3DOF VR ENT (1 - 20) LICENSE $ - Bundle Component, not for independent sale NA New Offering 20381 6DOF + 3DOF VR ENT (1 - 20) PAYMENT $ 165.00 NA New Offering 20382 6DOF + 3DOF VR ENT (21 - 50) LICENSE $ - Bundle Component, not for independent sale NA New Offering 20383 6DOF + 3DOF VR ENT (21 - 50) PAYMENT $ 540.00 NA New Offering 20384 6DOF + 3DOF VR ENT (51 - 100) LICENSE $ - Bundle Component, not for independent sale NA New Offering 20385 6DOF + 3DOF VR ENT (51 - 100) PAYMENT $ 1,140.00 NA New Offering 20386 6DOF + 3DOF VR ENT (101 - 150) LICENSE $ - Bundle Component, not for independent sale NA New Offering DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 5 20387 6DOF + 3DOF VR ENT (101 - 150) PAYMENT $ 1,843.00 NA New Offering 20388 6DOF + 3DOF VR ENT (151 - 250) LICENSE $ - Bundle Component, not for independent sale NA New Offering 20389 6DOF + 3DOF VR ENT (151 - 250) PAYMENT $ 2,940.00 NA New Offering 20390 6DOF + 3DOF VR ENT (251 - 500) LICENSE $ - Bundle Component, not for independent sale NA New Offering 20391 6DOF + 3DOF VR ENT (251 - 500) PAYMENT $ 5,344.00 NA New Offering 20392 6DOF + 3DOF VR ENT (501 - 1,000) LICENSE $ - Bundle Component, not for independent sale NA New Offering 20393 6DOF + 3DOF VR ENT (501 - 1,000) PAYMENT $ 10,139.00 NA New Offering 20394 6DOF + 3DOF VR ENT (1,001 - 1,500) LICENSE $ - Bundle Component, not for independent sale NA New Offering 20395 6DOF + 3DOF VR ENT (1,001 - 1,500) PAYMENT $ 15,950.00 NA New Offering 20396 6DOF + 3DOF VR ENT (1,501 - 5,000) LICENSE $ - Bundle Component, not for independent sale NA New Offering 20397 6DOF + 3DOF VR ENT (1,501 - 5,000) PAYMENT $ 39,600.00 NA New Offering 20400 2020 - UNLIMITED 7 PAYMENT YEARS 1-5 $ 99.00 NA New Offering 20401 2020 - UNLIMITED 7 PAYMENT YEAR 6 $ 99.00 NA New Offering 20402 2020 - UNLIMITED 7 PAYMENT YEAR 7 $ 104.00 NA New Offering 20403 2020 - UNLIMITED 7 PAYMENT YEAR 8 $ 109.00 NA New Offering 20404 2020 - UNLIMITED 7 PAYMENT YEAR 9 $ 114.00 NA New Offering 20405 2020 - UNLIMITED 7 PAYMENT YEAR 10 $ 120.00 NA New Offering 20406 2020 - UNLIMITED 7 TRUE-UP 1 $ 18.75 NA New Offering 20407 2020 - UNLIMITED 7 TRUE-UP 2 $ 18.75 NA New Offering 20408 2020 - UNLIMITED 7 TRUE-UP 3 $ 19.90 NA New Offering 20409 2020 - UNLIMITED 7 TRUE-UP 4 $ 21.10 NA New Offering 20410 2020 - UNLIMITED 7 + PAYMENT YEARS 1-5 $ 169.00 NA New Offering 20411 2020 - UNLIMITED 7 + PAYMENT YEAR 6 $ 171.00 NA New Offering 20412 2020 - UNLIMITED 7 + PAYMENT YEAR 7 $ 178.00 NA New Offering 20413 2020 - UNLIMITED 7 + PAYMENT YEAR 8 $ 186.00 NA New Offering 20414 2020 - UNLIMITED 7 + PAYMENT YEAR 9 $ 193.00 NA New Offering 20415 2020 - UNLIMITED 7 + PAYMENT YEAR 10 $ 201.00 NA New Offering 20416 2020 - UNLIMITED 7 + TRUE-UP 1 $ 18.75 NA New Offering 20417 2020 - UNLIMITED 7 + TRUE-UP 2 $ 18.75 NA New Offering 20418 2020 - UNLIMITED 7 + TRUE-UP 3 $ 19.90 NA New Offering 20419 2020 - UNLIMITED 7 + TRUE-UP 4 $ 21.10 NA New Offering 20420 UNLIMITED 7 PLUS BUNDLE HEADER $ - Bundle Component, not for independent sale NA New Offering 20421 UNLIMITED 7 BUNDLE HEADER $ - Bundle Component, not for independent sale NA New Offering 20422 UNLIMITED 7 PLUS BUNDLE HEADER 10 YEAR $ - Bundle Component, not for independent sale NA New Offering DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 6 20423 UNLIMITED 7 BUNDLE HEADER 10 YEAR $ - Bundle Component, not for independent sale NA New Offering 20424 T7 CERT 2021 PLUS VR 10 YEAR BUNDLE HEADER $ - Bundle Component, not for independent sale NA New Offering 20430 TASER 7 CERTIFICATION BUNDLE HEADER $ - Bundle Component, not for independent sale NA New Offering 20431 TASER 7 CERTIFICATION BUNDLE HEADER - 10 YEAR $ - Bundle Component, not for independent sale NA New Offering 20432 TASER 7 CERTIFICATION UPGRADE BUNDLE HEADER $ - Bundle Component, not for independent sale NA New Offering 20433 2020 - UNLIMITED 7 + TRUE UP PAYMENT 1 $ 15.50 NA New Offering 20434 2020 - UNLIMITED 7 + TRUE UP PAYMENT 2 $ 34.75 NA New Offering 20435 2020 - UNLIMITED 7 TRUE UP PAYMENT 1 $ 13.75 NA New Offering 20436 2020 - UNLIMITED 7 TRUE UP PAYMENT 2 $ 33.00 NA New Offering 20437 TASER 7 CERTIFICATION BUNDLE PAYMENT $ 57.50 NA New Offering 20438 TASER CERTIFICATION PROGRAM YEAR 6-10 PAYMENT $ 63.00 NA New Offering 20439 UNLIMITED 7 PAYMENT YEARS 1-5 $ 101.50 NA New Offering 20440 UNLIMITED 7 PAYMENT YEAR 6 $ 104.55 NA New Offering 20441 UNLIMITED 7 PAYMENT YEAR 7 $ 107.68 NA New Offering 20442 UNLIMITED 7 PAYMENT YEAR 8 $ 110.91 NA New Offering 20443 UNLIMITED 7 PAYMENT YEAR 9 $ 114.24 NA New Offering 20444 UNLIMITED 7 PAYMENT YEAR 10 $ 117.67 NA New Offering 20445 UNLIMITED 7 + PAYMENT YEARS 1-5 $ 151.50 NA New Offering 20446 UNLIMITED 7 + PAYMENT YEAR 6 $ 156.05 NA New Offering 20447 UNLIMITED 7 + PAYMENT YEAR 7 $ 160.73 NA New Offering 20450 TASER 7 6-BAY BATTERY DATAPORT WARRANTY, 1 YEAR $ 60.00 NA New Offering 20451 TASER 7 6-BAY BATTERY DATAPORT WARRANTY, 2 YEAR $ 120.00 NA New Offering 20452 TASER 7 6-BAY BATTERY DATAPORT WARRANTY, 3 YEAR $ 180.00 NA New Offering 20453 TASER 7 BATTERY PACK WARRANTY, 3 YEAR $ 13.50 NA New Offering 20454 TASER 7 CQ HANDLE 2 YEAR EXTENDED WARRANTY $ 145.00 NA New Offering 20455 TASER 7 CQ HANDLE 3 YEAR EXTENDED WARRANTY $ 217.50 NA New Offering 20456 TASER 7 DOCK & CORE WARRANTY, 3 YEAR $ 225.00 NA New Offering 20457 TASER 7 HANDLE WARRANTY, 3 YEAR $ 225.00 NA New Offering 20458 TASER 7 SINGLE BAY DOCK & CORE 3 YEAR EXTENDED WARRANTY $ 97.50 NA New Offering 20459 UNLIMITED 7 + PAYMENT YEAR 8 $ 165.55 NA New Offering 20460 UNLIMITED 7 + PAYMENT YEAR 9 $ 170.51 NA New Offering 20461 UNLIMITED 7 + PAYMENT YEAR 10 $ 175.63 NA New Offering 20462 TASER 7 CERT PLUS VR YEAR 6-10 PAYMENT $ 76.56 NA New Offering 20463 TASER 7 CERT PLUS VR TRUE UP 1 $ 20.50 NA New Offering DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 7 20464 TASER 7 CERT PLUS VR TRUE UP 2 $ 66.80 NA New Offering 20465 TASER 7 CERTIFICATION PLAN ADD-ON PAYMENT $ 17.50 NA New Offering 20466 TASER CERTIFICATION 10 YEAR TRUE UP 1 $ 17.25 NA New Offering 20467 TASER CERTIFICATION 10 YEAR TRUE UP 2 $ 55.84 NA New Offering 20470 UNLIMITED 7 + TRUE UP 1 $ 15.50 NA New Offering 20471 UNLIMITED 7 + TRUE UP 2 $ 34.75 NA New Offering 20472 UNLIMITED 7 + 10Y TRUE UP 1 $ 10.25 NA New Offering 20473 UNLIMITED 7 + 10Y TRUE UP 2 $ 12.50 NA New Offering 20474 UNLIMITED 7 + 10Y TRUE UP 3 $ 18.00 NA New Offering 20475 UNLIMITED 7 + 10Y TRUE UP 4 $ 13.00 NA New Offering 20476 UNLIMITED 7 + 10Y TRUE UP 5 $ 25.00 NA New Offering 20477 UNLIMITED 7 + 10Y TRUE UP 6 $ 10.25 NA New Offering 20478 UNLIMITED 7 + 10Y TRUE UP 7 $ 52.70 NA New Offering 20479 UNLIMITED 7 TRUE UP 1 $ 15.75 NA New Offering 20480 UNLIMITED 7 TRUE UP 2 $ 37.77 NA New Offering 20481 UNLIMITED 7 10Y TRUE UP 1 $ 9.25 NA New Offering 20482 UNLIMITED 7 10Y TRUE UP 2 $ 10.00 NA New Offering 20483 UNLIMITED 7 10Y TRUE UP 3 $ 15.00 NA New Offering 20484 UNLIMITED 7 10Y TRUE UP 4 $ 8.50 NA New Offering 20485 UNLIMITED 7 10Y TRUE UP 5 $ 20.50 NA New Offering 20486 UNLIMITED 7 10Y TRUE UP 6 $ 3.75 NA New Offering 20487 UNLIMITED 7 10Y TRUE UP 7 $ 48.64 NA New Offering 20500 CORRECTIONS OFFICER SAFETY BUNDLE PAYMENT Y6 $ 143.17 NA New Offering 20501 CORRECTIONS OFFICER SAFETY BUNDLE PAYMENT Y7 $ 147.47 NA New Offering 20502 CORRECTIONS OFFICER SAFETY BUNDLE PAYMENT Y8 $ 151.89 NA New Offering 20503 CORRECTIONS OFFICER SAFETY BUNDLE PAYMENT Y9 $ 156.45 NA New Offering 20504 CORRECTIONS OFFICER SAFETY BUNDLE PAYMENT Y10 $ 161.14 NA New Offering 20505 CORRECTIONS OFFICER SAFETY BUNDLE TRUE UP 1 $ 22.25 NA New Offering 20506 CORRECTIONS OFFICER SAFETY BUNDLE TRUE UP 2 $ 16.25 NA New Offering 20507 CORRECTIONS OFFICER SAFETY BUNDLE TRUE UP 3 $ 58.75 NA New Offering 20508 CORRECTIONS OFFICER SAFETY BUNDLE TRUE UP 4 $ 52.75 NA New Offering 20509 CORRECTIONS OFFICER SAFETY BUNDLE TRUE UP 5 $ 65.75 NA New Offering 20510 CORRECTIONS OFFICER SAFETY BUNDLE TRUE UP 6 $ 48.75 NA New Offering 20511 CORRECTIONS OFFICER SAFETY BUNDLE TRUE UP 7 $ 95.36 NA New Offering DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 8 20520 CORRECTIONS POST OFFICER SAFETY BUNDLE PAYMENT Y6 $ 367.71 NA New Offering 20521 CORRECTIONS POST OFFICER SAFETY BUNDLE PAYMENT Y7 $ 378.74 NA New Offering 20522 CORRECTIONS POST OFFICER SAFETY BUNDLE PAYMENT Y8 $ 390.10 NA New Offering 20523 CORRECTIONS POST OFFICER SAFETY BUNDLE PAYMENT Y9 $ 401.81 NA New Offering 20524 CORRECTIONS POST OFFICER SAFETY BUNDLE PAYMENT Y10 $ 413.86 NA New Offering 20525 CORRECTIONS POST OFFICER SAFETY BUNDLE TRUE UP 1 $ 65.50 NA New Offering 20526 CORRECTIONS POST OFFICER SAFETY BUNDLE TRUE UP 2 $ 60.50 NA New Offering 20527 CORRECTIONS POST OFFICER SAFETY BUNDLE TRUE UP 3 $ 163.50 NA New Offering 20528 CORRECTIONS POST OFFICER SAFETY BUNDLE TRUE UP 4 $ 150.75 NA New Offering 20529 CORRECTIONS POST OFFICER SAFETY BUNDLE TRUE UP 5 $ 180.25 NA New Offering 20530 CORRECTIONS POST OFFICER SAFETY BUNDLE TRUE UP 6 $ 143.75 NA New Offering 20531 CORRECTIONS POST OFFICER SAFETY BUNDLE TRUE UP 7 $ 247.00 NA New Offering 20532 CORRECTIONS OFFICER SAFETY 10Y PAYMENT Y1-5 $ 139.00 NA New Offering 20533 CORRECTIONS POST OFFICER SAFETY 10Y PAYMENT Y1-5 $ 357.00 NA New Offering 20560 UNLIMITED + PREMIUM BUNDLE $ - Bundle Component, not for independent sale NA New Offering 20561 UNLIMITED + PREMIUM PAYMENT $ 199.00 NA New Offering 20562 UNLIMITED + PREMIUM 10 YEAR BUNDLE $ - Bundle Component, not for independent sale NA New Offering 20563 UNLIMITED + PREMIUM PAYMENT Y6 $ 204.97 NA New Offering 20564 UNLIMITED + PREMIUM PAYMENT Y7 $ 211.12 NA New Offering 20565 UNLIMITED + PREMIUM PAYMENT Y8 $ 217.45 NA New Offering 20566 UNLIMITED + PREMIUM PAYMENT Y9 $ 223.98 NA New Offering 20567 UNLIMITED + PREMIUM PAYMENT Y10 $ 230.70 NA New Offering 20568 UNLIMITED + PREMIUM TRUE UP 1 $ 19.00 NA New Offering 20569 UNLIMITED + PREMIUM TRUE UP 2 $ 41.95 NA New Offering 20570 UNLIMITED + PREMIUM TRUE UP 3 $ 12.50 NA New Offering 20571 UNLIMITED + PREMIUM TRUE UP 4 $ 15.75 NA New Offering 20572 UNLIMITED + PREMIUM TRUE UP 5 $ 20.80 NA New Offering 20573 UNLIMITED + PREMIUM TRUE UP 6 $ 16.90 NA New Offering 20574 UNLIMITED + PREMIUM TRUE UP 7 $ 31.80 NA New Offering 20575 UNLIMITED + PREMIUM TRUE UP 8 $ 14.15 NA New Offering 20576 UNLIMITED + PREMIUM TRUE UP 9 $ 65.32 NA New Offering 22000 HANDLE, BLACK, CLASS 2, X2 $ 1,332.38 $ 1,275.00 -5% 22001 HANDLE, YELLOW, CLASS 2, X2 $ 1,332.38 $ 1,275.00 -5% 22002 BLACK X2 CEW, HANDLE $ 1,332.38 $ 1,275.00 -5% DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 9 22003 YELLOW X2 CEW, HANDLE $ 1,332.38 $ 1,275.00 -5% 22010 PPM, STANDARD BATTERY PACK, X2/X26P $ 71.06 $ 68.00 -5% 22011 APPM, AUTOMATIC SHUT-DOWN BATTERY PACK, X2/X26P $ 85.43 $ 81.75 -5% 22012 TPPM, TACTICAL BATTERY PACK, PINKY EXTENDER, X2/X26P $ 71.06 $ 68.00 -5% 22013 KIT, DATAPORT DOWNLOAD, USB, X2/X26P $ 229.90 $ 220.00 -5% 22014 WARRANTY, 4 YEAR, X2 $ 413.82 $ 396.00 -5% 22016 WARRANTY, 1 YEAR EXTENDED, X2 $ 266.48 $ 255.00 -5% 22021 WARRANTY, 2 YEAR, X2 $ 325.00 $ 311.00 -5% 22023 HANDLE, BLUE, DEMO/LASER POINTER, X2 $ 213.18 $ 204.00 -5% 22026 HANDLE, BLUE, SIMULATOR, X2 $ 890.34 $ 852.00 -5% 22155 INERT SIMULATION CARTRIDGE, X2 $ 54.60 $ 52.25 -4% 22157 25 FT NON-CONDUCTIVE TRAINING SMART CARTRIDGE, X2 $ 40.44 $ 38.70 -4% 22184 15 FT SMART CARTRIDGE, X2 NS $ 39.34 $ 37.65 -4% 22185 25 FT SMART CARTRIDGE, X2 NS $ 41.54 $ 39.75 -5% 22188 15 FT STANDARD CARTRIDGE, X26/X26P NS $ 29.52 $ 28.25 -4% 22189 21 FT STANDARD CARTRIDGE, X26/X26P NS $ 31.72 $ 30.35 -5% 22190 25 FT STANDARD CARTRIDGE, X26/X26P NS $ 36.05 $ 34.50 -4% 22196 TASER 7 VR CARTRIDGE, STANDOFF (3.5-DEGREE) $ 60.00 NA New Accessory 22197 TASER 7 VR CARTRIDGE, CLOSE-QUARTERS (12-DEGREE) $ 60.00 NA New Accessory 22500 HOLSTER, BLADE TECH, RIGHT, X2 $ 83.08 $ 79.50 -5% 22501 RIGHT-HAND HOLSTER, X2, BLACKHAWK $ 85.43 $ 81.75 -5% 22502 HOLSTER, SAFARILAND, STX BASKETWEAVE, RIGHT, X2 $ 108.16 $ 103.50 -5% 22503 HOLSTER, BLADE TECH, LEFT, X2 $ 83.08 $ 79.50 -5% 22504 LEFT-HAND HOLSTER, X2, BLACKHAWK $ 85.43 $ 81.75 -5% 22505 HOLSTER, SAFARILAND, STX BASKETWEAVE, LEFT, X2 $ 108.16 $ 103.50 -5% 22507 HOLSTER, SAFARILAND, STX SAFARISEVEN, RIGHT, X2 $ 108.16 $ 103.50 -5% 22508 HOLSTER, SAFARILAND, STX SAFARISEVEN, LEFT, X2 $ 108.16 $ 103.50 -5% 22510 HOLSTER, SAFARILAND, SAFARISEVEN, RIGHT, X26P $ 109.20 $ 104.50 -4% 22511 HOLSTER, SAFARILAND, SAFARISEVEN, LEFT, X26P $ 109.20 $ 104.50 -4% 22512 HOLSTER, SAFARILAND, RIGHT, QLS w/ MOLLE, X26P $ 89.87 $ 86.00 -5% 22513 HOLSTER, SAFARILAND, LEFT, QLS w/ MOLLE, X26P $ 89.87 $ 86.00 -5% 26700 DPM, STANDARD BATTERY PACK, X26 $ 50.68 $ 48.50 -4% 26701 XDPM, SPARE CARTRIDGE BATTERY PACK, X26 $ 57.48 $ 55.00 -5% 26737 USB CABLE, VDPM $ 16.41 $ 15.70 -5% DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 10 26762 KIT, USB DOWNLOAD, TASER CAM HD $ 19.70 $ 18.85 -5% 26763 WARRANTY, 4 YEAR, TASER CAM HD $ 163.80 $ 156.75 -4% 26764 REPLACEMENT BATTERY, KIT, TASER CAM HD $ 67.93 $ 65.00 -5% 26767 WARRANTY, 3 YEAR, TCHD $ 122.85 NA New Offering 26768 WARRANTY, 3 YEAR, X2 $ 369.41 NA New Offering 26769 WARRANTY, 3 YEAR, X26P $ 271.18 NA New Offering 26802 2ACH-Dual Cartridge Holster $ 28.74 $ 27.50 -5% 26810 TASER CAM, TCHD $ 622.82 $ 596.00 -5% 26814 WARRANTY, 2 YEAR, TCHD $ 98.49 $ 94.25 -4% 26820 TASER CAM, AS, TCHD $ 655.22 $ 627.00 -5% 30053 BELT CLIP, TASER, RIGHT, TMMS OUTER $ 24.14 $ 23.10 -5% 33212 BELTCLIP, UNIVERSAL, TEK-LOK $ 10.92 NA New Accessory 33506 3 YEAR EXTENDED WARRANTY BODY 2 $ 312.75 NA New Offering 33508 TASER 7 SINGLE BAY DOCK & CORE 1-YEAR EXTENDED WARRANTY $ 32.50 NA New Offering 33509 TASER 7 SINGLE BAY DOCK & CORE 2-YEAR EXTENDED WARRANTY $ 65.00 NA New Offering 33510 WARRANTY, 1 YEAR EXTENDED, FLEX 2 CAMERA $ 156.50 NA New Offering 33511 WARRANTY, 1 YEAR EXTENDED, DOCK FLEX 2, SINGLE BAY AND CORE $ 69.00 NA New Offering 33512 WARRANTY, 1 YEAR EXTENDED, DOCK FLEX 2, 6 BAY AND CORE $ 264.00 NA New Offering 33513 WARRANTY, 1 YEAR EXTENDED, BODY 2 $ 104.50 NA New Offering 33514 WARRANTY, 1 YEAR EXTENDED, DOCK 2 SINGLE BAY AND CORE $ 68.00 NA New Offering 33515 WARRANTY, 1 YEAR EXTENDED, DOCK 2 SIX BAY AND CORE $ 262.00 NA New Offering 33516 WARRANTY, 1 YEAR EXTENDED, TCHD $ 38.25 $ 36.60 -5% 33518 3 YEAR EXTENDED WARRANTY DOCK 2 SIX BAY + CORE $ 784.50 NA New Offering 33519 3 YEAR EXTENDED WARRANTY DOCK 2 SINGLE BAY + CORE $ 203.63 NA New Offering 33521 3 YEAR EXTENDED WARRANTY DOCK FLEX 2, 6 BAY + CORE $ 792.00 NA New Offering 33522 3 YEAR EXTENDED WARRANTY DOCK FLEX 2, SINGLE BAY + CORE $ 207.00 NA New Offering 33523 3 YEAR EXTENDED WARRANTY FLEX 2 CAMERA $ 469.50 NA New Offering 33524 4 YEAR EXTENDED WARRANTY DOCK FLEX 2, 6 BAY + CORE $ 1,056.00 NA New Offering 33525 4 YEAR EXTENDED WARRANTY DOCK FLEX 2, SINGLE BAY + CORE $ 276.00 NA New Offering 34200 15 FT STANDARD CARTRIDGE, X26/X26P $ 29.52 $ 28.25 -4% 44205 21 FT NON-CONDUCTIVE TRAINING CARTRIDGE, X26/X26P $ 30.62 $ 29.30 -5% 44415 APPAREL, SIM SUIT, HELMET, BLACK $ 120.18 $ 115.00 -5% 44416 APPAREL, SIM SUIT, GLOVES, SET, BLACK $ 67.93 $ 65.00 -5% 44550 SUIT, ENHANCED SIM, MODEL II $ 765.99 $ 733.00 -5% DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 11 44729 BASIC INSTRUCTOR SCHOOL $ 375.00 $ 495.00 24% 44952 Holster - Blade Tech w/Tek-Lok $ 49.64 $ 47.50 -5% 44953 Holster, BladeTech (Left) $ 49.64 $ 47.50 -5% 44966 CARTRIDGE HOLDER, X26 $ 36.78 $ 35.20 -4% 44972 HOLSTER, R, X26, BLACKHAWK, 44H015BK-R-B $ 49.64 $ 47.50 -5% 44973 HOLSTER, L, X26, BLACKHAWK, 44H015BK-L-B $ 49.64 $ 47.50 -5% 50034 INTERVIEW PORTABLE KIT - EXTENDED WARRANTY YEAR 4 AND 5 $ 453.00 NA New Offering 50037 AXON CLIENT SW (EACH CLIENT AND TOUCH PANEL) LICENSE ACCESS $ - Bundle Component, not for independent sale NA New Offering 50038 AXON CLIENT SW (EACH CLIENT AND TOUCH PANEL) LICENSE PAYMENT $ 1,500.00 NA New Offering 50039 AXON CLIENT SW (EACH CLIENT AND TOUCH PANEL) MAINTENANCE $ - Bundle Component, not for independent sale NA New Offering 50040 AXON CLIENT SW (EACH CLIENT AND TOUCH PANEL) MAINT PAYMENT $ 25.00 NA New Offering 50041 AXON STREAMING SERVER LICENSE ACCESS (PER SERVER) $ - Bundle Component, not for independent sale NA New Offering 50042 AXON STREAMING SERVER LICENSE ACCESS PAYMENT $ 1,750.00 NA New Offering 50043 AXON STREAMING SERVER MAINTENANCE (PER SERVER) $ - Bundle Component, not for independent sale NA New Offering 50044 AXON STREAMING SERVER MAINTENANCE PAYMENT $ 29.17 NA New Offering 50045 INTERVIEW ROOM UNLIMITED EVIDENCE.COM STORAGE ACCESS $ - Bundle Component, not for independent sale NA New Offering 50046 INTERVIEW ROOM UNLIMITED EVIDENCE.COM STORAGE PAYMENT $ 99.00 NA New Offering 50091 AXON COMMANDER, PRO LICENSE, PERPETUAL $ 1,100.00 NA New Offering 50092 AXON COMMANDER PRO SUPPORT AND MAINTENANCE $ 275.00 NA New Offering 50197 COMMANDER TERM LICENSE - PRO $ 480.00 NA New Offering 50200 AXON SUPPORT ENGINEER, RESIDENT $ 180,000.00 NA New Offering 50201 AXON SUPPORT ENGINEER, REGIONAL $ 60,000.00 NA New Offering 50210 AXON COMMANDER, CAMERA LICENSE, PERPETUAL $ 360.00 NA New Offering 50211 AXON COMMANDER, CAMERA LICENSE SMA, PERPETUAL $ 90.00 NA New Offering 50212 AXON COMMANDER, CAMERA LICENSE, TERM $ 120.00 NA New Offering 50213 AXON COMMANDER, PROFESSIONAL LICENSE, TERM $ 180.00 NA New Offering 50290 AXON COMMANDER TASER 7 PERPETUAL LICENSE $ 360.00 NA New Offering 50306 RESPOND USER - PATROL $ 40.00 NA New Offering 50322 INTERVIEW TOUCH PANEL PRO $ 2,700.00 NA New Offering 50323 AXIS AUDIO VIDEO ENCODER P7304 $ 521.85 NA New Offering 50430 AXON INTERVIEW - IO MODULE, CABINET AND LED INSTALLATION $ 552.50 NA New Offering 50431 AXON INTERVIEW - LED INSTALLATION $ 234.00 NA New Offering 50432 AXON INTERVIEW - PUSH BUTTON INSTALLATION $ 234.00 NA New Offering 50433 AXON INTERVIEW PUSH BUTTON $ 82.20 NA New Offering DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 12 50449 INTERVIEW ROOM 7 YR EXTENDED WARRANTY $ 2,060.00 NA New Offering 50450 INTERVIEW ROOM BUNDLE - 1 CAMERA, 1 ROOM PAYMENT $ 319.00 NA New Offering 50451 INTERVIEW ROOM BUNDLE - 1 CAMERA, 2 ROOM PAYMENT $ 529.00 NA New Offering 50452 INTERVIEW ROOM BUNDLE - 1 CAMERA, 3 ROOM PAYMENT $ 739.00 NA New Offering 50453 INTERVIEW ROOM BUNDLE - 1 CAMERA, 4 ROOM PAYMENT $ 939.00 NA New Offering 50454 INTERVIEW ROOM BUNDLE - 1 CAMERA, 5 ROOM PAYMENT $ 1,149.00 NA New Offering 50455 INTERVIEW ROOM BUNDLE - 2 CAMERA, 1 ROOM PAYMENT $ 429.00 NA New Offering 50456 INTERVIEW ROOM BUNDLE - 2 CAMERA, 2 ROOM PAYMENT $ 749.00 NA New Offering 50457 INTERVIEW ROOM BUNDLE - 2 CAMERA, 3 ROOM PAYMENT $ 1,059.00 NA New Offering 50458 INTERVIEW ROOM BUNDLE - 2 CAMERA, 4 ROOM PAYMENT $ 1,379.00 NA New Offering 50459 INTERVIEW ROOM BUNDLE - 2 CAMERA, 5 ROOM PAYMENT $ 1,699.00 NA New Offering 50460 INTERVIEW ROOM ADV BUNDLE - 1 CAMERA, 1 ROOM PAYMENT $ 399.00 NA New Offering 50461 INTERVIEW ROOM ADV BUNDLE - 1 CAMERA, 2 ROOM PAYMENT $ 629.00 NA New Offering 50462 INTERVIEW ROOM ADV BUNDLE - 1 CAMERA, 3 ROOM PAYMENT $ 859.00 NA New Offering 50463 INTERVIEW ROOM ADV BUNDLE - 1 CAMERA, 4 ROOM PAYMENT $ 1,079.00 NA New Offering 50464 INTERVIEW ROOM ADV BUNDLE - 1 CAMERA, 5 ROOM PAYMENT $ 1,309.00 NA New Offering 50465 INTERVIEW ROOM ADV BUNDLE - 2 CAMERA, 1 ROOM PAYMENT $ 509.00 NA New Offering 50466 INTERVIEW ROOM ADV BUNDLE - 2 CAMERA, 2 ROOM PAYMENT $ 849.00 NA New Offering 50467 INTERVIEW ROOM ADV BUNDLE - 2 CAMERA, 3 ROOM PAYMENT $ 1,189.00 NA New Offering 50468 INTERVIEW ROOM ADV BUNDLE - 2 CAMERA, 4 ROOM PAYMENT $ 1,519.00 NA New Offering 50469 INTERVIEW ROOM ADV BUNDLE - 2 CAMERA, 5 ROOM PAYMENT $ 1,859.00 NA New Offering 50470 INTERVIEW ROOM BUNDLE - 1 CAMERA, 1 ROOM TRUE UP $ 164.10 NA New Offering 50471 INTERVIEW ROOM BUNDLE - 1 CAMERA, 2 ROOM TRUE UP $ 275.69 NA New Offering 50472 INTERVIEW ROOM BUNDLE - 1 CAMERA, 3 ROOM TRUE UP $ 387.29 NA New Offering 50473 INTERVIEW ROOM BUNDLE - 1 CAMERA, 4 ROOM TRUE UP $ 498.89 NA New Offering 50474 INTERVIEW ROOM BUNDLE - 1 CAMERA, 5 ROOM TRUE UP $ 610.49 NA New Offering 50475 INTERVIEW ROOM BUNDLE - 2 CAMERA, 1 ROOM TRUE UP $ 184.84 NA New Offering 50476 INTERVIEW ROOM BUNDLE - 2 CAMERA, 2 ROOM TRUE UP $ 317.18 NA New Offering 50477 INTERVIEW ROOM BUNDLE - 2 CAMERA, 3 ROOM TRUE UP $ 449.52 NA New Offering 50478 INTERVIEW ROOM BUNDLE - 2 CAMERA, 4 ROOM TRUE UP $ 581.86 NA New Offering 50479 INTERVIEW ROOM BUNDLE - 2 CAMERA, 5 ROOM TRUE UP $ 714.20 NA New Offering 50480 INTERVIEW ROOM ADV BUNDLE - 1 CAMERA, 1 ROOM TRUE UP $ 247.56 NA New Offering 50481 INTERVIEW ROOM ADV BUNDLE - 1 CAMERA, 2 ROOM TRUE UP $ 384.11 NA New Offering 50482 INTERVIEW ROOM ADV BUNDLE - 1 CAMERA, 3 ROOM TRUE UP $ 520.67 NA New Offering DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 13 50483 INTERVIEW ROOM ADV BUNDLE - 1 CAMERA, 4 ROOM TRUE UP $ 657.23 NA New Offering 50484 INTERVIEW ROOM ADV BUNDLE - 1 CAMERA, 5 ROOM TRUE UP $ 793.79 NA New Offering 50485 INTERVIEW ROOM ADV BUNDLE - 2 CAMERA, 1 ROOM TRUE UP $ 268.30 NA New Offering 50486 INTERVIEW ROOM ADV BUNDLE - 2 CAMERA, 2 ROOM TRUE UP $ 425.60 NA New Offering 50487 INTERVIEW ROOM ADV BUNDLE - 2 CAMERA, 3 ROOM TRUE UP $ 582.90 NA New Offering 50488 INTERVIEW ROOM ADV BUNDLE - 2 CAMERA, 4 ROOM TRUE UP $ 740.20 NA New Offering 50489 INTERVIEW ROOM ADV BUNDLE - 2 CAMERA, 5 ROOM TRUE UP $ 897.50 NA New Offering 70030 EXTENDED WARRANTY, 2 YEAR,EVIDENCE.COM DOCK, CORE $ 31.40 $ 82.75 62% 70040 EVIDENCE.COM, DOCK, DESK PLATE, 6 BAYS $ 35.00 NA New Offering 70056 4-YEAR EXTENDED WARRANTY DOCK 2 SINGLE BAY + CORE $ 271.50 NA New Offering 70057 4-YEAR EXTENDED WARRANTY DOCK 2 SIX BAY + CORE $ 1,046.00 NA New Offering 70115 CONTROLLER, AXON FLEX, SIGNAL $ 156.00 NA New Offering 70116 SPPM, SIGNAL CONNECTED BATTERY PACK, X2/X26P $ 109.20 $ 104.50 -4% 71014 REPLACEMENT BATTERY SCREWDRIVER KIT $ - Bundle Component, not for independent sale NA New Offering 71029 SIGNAL SIDEARM, HARDWARE PACK A $ - Bundle Component, not for independent sale NA New Accessory 71030 SIGNAL SIDEARM, HARDWARE PACK B $ - Bundle Component, not for independent sale NA New Accessory 71031 SIGNAL SIDEARM, HARDWARE PACK C $ - Bundle Component, not for independent sale NA New Accessory 71032 SIGNAL SIDEARM, HARDWARE PACK D $ - Bundle Component, not for independent sale NA New Accessory 71033 SIGNAL SIDEARM, HARDWARE PACK E $ - Bundle Component, not for independent sale NA New Accessory 71034 SIGNAL SIDEARM, HARDWARE PACK F $ - Bundle Component, not for independent sale NA New Accessory 71044 BATTERY, SIGNAL SIDEARM, CR2430 SINGLE PACK $ - Bundle Component, not for independent sale NA New Accessory 71105 SIGNAL SIDEARM, RH HOLSTER, 0933-R $ 249.00 NA New Accessory 71106 SIGNAL SIDEARM, LH HOLSTER, 0933-L $ 249.00 NA New Accessory 71107 FERRITE CORE, FLEET 2 $ 6.15 NA New Accessory 71116 VISOR MOUNT, FLEET 2 $ 49.99 NA New Accessory 72500 FLEET 3 ADVANCED RENEWAL WITH TAP TRUE UP $ 51.24 NA New Offering 72501 FLEET 3 RENEWAL WITH TAP TRUE UP $ 53.21 NA New Offering 72502 FLEET 3 RENEWAL TRUE UP $ 20.79 NA New Offering 73004 WALL CHARGER, USB SYNC CABLE, FLEX $ 15.00 NA New Accessory 73008 OAKLEY, CLIP, FLEX $ 20.00 NA New Accessory 73010 LOWRIDER, HEADBAND, FLEX $ 50.00 NA New Accessory 73013 HELMET MOUNT, FLEX $ 25.00 NA New Accessory 73020 UNIVERSAL MAGNET, CLIP, FLEX $ 8.00 NA New Accessory 73022 CABLE, STRAIGHT TO RIGHT ANGLE, 18 $ 5.95 NA New Accessory DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 14 73028 CABLE, RIGHT ANGLE TO RIGHT ANGLE, 36 $ 5.95 NA New Accessory 73034 OAKLEY FLAK JACKETï¿½ KIT, FLEX $ 154.00 NA New Accessory 73036 CONTROLLER, HOLSTER, BELT CLIPS, FLEX $ 30.00 NA New Accessory 73058 LOW RIDER, HEADBAND, LARGE, FLEX $ 55.00 NA New Accessory 73060 CABLE, COILED, STRAIGHT TO RIGHT ANGLE, 48 $ 13.00 NA New Accessory 73081 WALL WART, 2 USB, 2.1/1.0 AMP CHARGER, INT KIT $ 15.65 NA New Accessory 73082 WALL WART, 2 USB, 2.1/1.0 AMP CHARGER $ 14.95 NA New Accessory 73110 BODYCAM, NON-FUNCTIONAL TRAINING CAMERA, BODY 2 $ 99.00 NA New Accessory 73120 AXON 2-CAMERA FLEET SOLUTION $ - Bundle Component, not for independent sale NA New Accessory 73121 AXON 2-CAMERA FLEET SOLUTION FEE $ 93.00 NA New Accessory 73122 AXON 2-CAMERA FLEET SOLUTION TRUE UP FEE $ 93.00 NA New Accessory 73123 AXON 2-CAMERA FLEET SOLUTION WITH TAP $ - Bundle Component, not for independent sale NA New Accessory 73124 AXON 2-CAMERA FLEET SOLUTION WITH TAP FEE $ 136.75 NA New Accessory 73125 AXON 2-CAMERA FLEET SOLUTION WITH TAP TRUE UP FEE $ 136.75 NA New Accessory 73198 AXON BODY 3 ENTERPRISE STARTER PACKAGE UPFRONT PAYMENT $ 3,564.00 NA New Accessory 73214 AXON BODY 3 - EU07 - YLW ACCENTS - RAPIDLOCK $ 734.00 NA New Accessory 73218 AXON BODY 3 - NA10 - COMMERCIAL $ 699.00 NA New Offering 73245 AXON BODY 3 - 1 YEAR WARRANTY $ 140.00 NA New Offering 73246 AXON BODY 3 - 8 BAY DOCK 1 YEAR WARRANTY $ 250.00 NA New Offering 73247 AXON BODY 3 - 1 BAY DOCK 1 YEAR WARRANTY $ 65.00 NA New Offering 73248 AXON BODY 3 - 4 YEAR WARRANTY $ 560.00 NA New Offering 73249 AXON BODY 3 - 8 BAY DOCK 4 YEAR WARRANTY $ 1,000.00 NA New Offering 73285 AXON BODY 3 - 1 BAY DOCK 3 YEAR WARRANTY $ 195.00 NA New Offering 73286 AXON BODY 3 - 1 BAY DOCK 4 YEAR WARRANTY $ 260.00 NA New Offering 73287 AXON BODY 3 - 3 YEAR WARRANTY $ 420.00 NA New Offering 73288 AXON BODY 3 - 8 BAY DOCK 3 YEAR WARRANTY $ 750.00 NA New Offering 73289 SINGLE BAY DATAPORT 2 YEAR EXTENDED WARRANTY $ 35.00 NA New Offering 73290 SINGLE BAY DATAPORT 3 YEAR EXTENDED WARRANTY $ 52.50 NA New Offering 73317 1-BAY DOCK AXON CAMERA REFRESH THREE $ - Bundle Component, not for independent sale NA New Offering 73318 1-BAY DOCK AXON CAMERA REFRESH FOUR $ - Bundle Component, not for independent sale NA New Offering 73319 1-BAY DOCK AXON CAMERA REFRESH FIVE $ - Bundle Component, not for independent sale NA New Offering 73324 MULTI-BAY BWC DOCK 5TH REFRESH $ - Bundle Component, not for independent sale NA New Offering 73329 AXON CAMERA REFRESH FIVE $ - Bundle Component, not for independent sale NA New Offering 73350 BWC HARDWARE FINANCING HEADER $ - Bundle Component, not for independent sale NA New Offering DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 15 73351 BWC HARDWARE FINANCING PAYMENT $ 23.30 NA New Offering 73352 BWC HARDWARE FINANCING TRUE UP PAYMENT $ - Bundle Component, not for independent sale NA New Offering 73355 TRANSFERRED WARRANTY 1 BAY DATAPORT $ - Bundle Component, not for independent sale NA New Offering 73356 TRANSFERRED WARRANTY 6 BAY DATAPORT $ - Bundle Component, not for independent sale NA New Offering 73357 TRANSFERRED WARRANTY AB2 1 BAY DOCK $ - Bundle Component, not for independent sale NA New Offering 73358 TRANSFERRED WARRANTY AB2 6 BAY DOCK $ - Bundle Component, not for independent sale NA New Offering 73359 TRANSFERRED WARRANTY AB2 CAMERA $ - Bundle Component, not for independent sale NA New Offering 73360 TRANSFERRED WARRANTY AB3 1 BAY DOCK $ - Bundle Component, not for independent sale NA New Offering 73361 TRANSFERRED WARRANTY AB3 8 BAY DOCK $ - Bundle Component, not for independent sale NA New Offering 73362 TRANSFERRED WARRANTY AB3 CAMERA $ - Bundle Component, not for independent sale NA New Offering 73363 TRANSFERRED WARRANTY CORE $ - Bundle Component, not for independent sale NA New Offering 73364 TRANSFERRED WARRANTY FLEX 2 1 BAY DOCK $ - Bundle Component, not for independent sale NA New Offering 73365 TRANSFERRED WARRANTY FLEX 2 6 BAY DOCK $ - Bundle Component, not for independent sale NA New Offering 73366 TRANSFERRED WARRANTY FLEX 2 CAMERA $ - Bundle Component, not for independent sale NA New Offering 73367 TRANSFERRED WARRANTY TASER 7 1 BAY DOCK $ - Bundle Component, not for independent sale NA New Offering 73368 TRANSFERRED WARRANTY TASER 7 BATTERY $ - Bundle Component, not for independent sale NA New Offering 73369 TRANSFERRED WARRANTY TASER 7 CQ HANDLE $ - Bundle Component, not for independent sale NA New Offering 73370 TRANSFERRED WARRANTY TASER 7 6 BAY DOCK $ - Bundle Component, not for independent sale NA New Offering 73371 TRANSFERRED WARRANTY TASER 7 HANDLE $ - Bundle Component, not for independent sale NA New Offering 73372 TRANSFERRED WARRANTY TCHD $ - Bundle Component, not for independent sale NA New Offering 73373 TRANSFERRED WARRANTY X2 HANDLE $ - Bundle Component, not for independent sale NA New Offering 73374 TRANSFERRED WARRANTY X26P HANDLE $ - Bundle Component, not for independent sale NA New Offering 73375 TRANSFERRED WARRANTY FLEET 2 KIT $ - Bundle Component, not for independent sale NA New Offering 73376 TRANSFERRED WARRANTY FLEET 2 FRONT CAMERA SYSTEM $ - Bundle Component, not for independent sale NA New Offering 73377 TRANSFERRED WARRANTY FLEET 2 REAR CAMERA SYSTEM $ - Bundle Component, not for independent sale NA New Offering 73378 TRANSFERRED WARRANTY FLEET 2 REAR CAMERA CONTROLLER $ - Bundle Component, not for independent sale NA New Offering 73379 TRANSFERRED WARRANTY FLEET 2 JUNCTION BOX $ - Bundle Component, not for independent sale NA New Offering 73380 TRANSFERRED WARRANTY FLEET WIRELESS MICROPHONE $ - Bundle Component, not for independent sale NA New Offering 73381 TRANSFERRED WARRANTY FLEET 2 SIGNAL UNIT $ - Bundle Component, not for independent sale NA New Offering 73382 TRANSFERRED WARRANTY FLEET 2 BATTERY SYSTEM $ - Bundle Component, not for independent sale NA New Offering 73383 TRANSFERRED WARRANTY, FLEET 3, DUAL-VIEW CAMERA $ - Bundle Component, not for independent sale NA New Offering 73384 TRANSFERRED WARRANTY, FLEET 3, INTERIOR CAMERA $ - Bundle Component, not for independent sale NA New Offering 73385 TRANSFERRED WARRANTY, FLEET 3, HUB $ - Bundle Component, not for independent sale NA New Offering 73386 TRANSFERRED WARRANTY, FLEET 3, WIRELESS MIC $ - Bundle Component, not for independent sale NA New Offering DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 16 73387 TRANSFERRED WARRANTY, FLEET 3, CHARGING BASE $ - Bundle Component, not for independent sale NA New Offering 73388 TRANSFERRED WARRANTY, FLEET 3, WIRELESS MIC KIT $ - Bundle Component, not for independent sale NA New Offering 73389 TRANSFERRED WARRANTY, FLEET 3, 2 CAMERA KIT $ - Bundle Component, not for independent sale NA New Offering 73390 TRANSFERRED WARRANTY, CRADLEPOINT ROUTER $ - Bundle Component, not for independent sale NA New Offering 73478 REDACTION ASSISTANT USER ACCESS LICENSE $ - Bundle Component, not for independent sale NA New Offering 73479 REDACTION ASSISTANT USER ACCESS PAYMENT $ 9.00 NA New Offering 73618 CITIZEN FOR COMMUNITIES USER ACCESS LICENSE $ - Bundle Component, not for independent sale NA New Offering 73619 CITIZEN FOR COMMUNITIES USER ACCESS PAYMENT $ 9.00 NA New Offering 73632 TASER 7 BASIC TRUE UP $ 6.00 NA New Offering 73639 STANDARDS LICENSE PAYMENT $ 9.00 $ 20.00 55% 73665 RESPOND DEVICE PAYMENT $ 5.00 $ 9.00 44% 73666 RESPOND DEVICE PLUS PAYMENT $ 19.00 $ 25.00 24% 73807 OSP STANDARD PAYMENT $ 109.00 NA New Offering 73853 DIGITAL EVIDENCE MANAGEMENT BUNDLE PAYMENT 101-250 $ 6,094.00 NA New Offering 73854 DIGITAL EVIDENCE MANAGEMENT BUNDLE PAYMENT 251-500 $ 11,875.00 NA New Offering 73896 STANDARDS SERVICE, BASIC $ 10,000.00 NA New Offering 73897 STANDARDS SERVICE, PREMIUM $ 20,000.00 NA New Offering 73924 CORRECTIONS POST OFFICER SAFETY PLAN BUNDLE $ - Bundle Component, not for independent sale NA New Offering 73925 CORRECTIONS POST OFFICER SAFETY BUNDLE PAYMENT $ 357.00 NA New Offering 73926 CORRECTIONS POST OFFICER SAFETY TRUE-UP PAYMENT $ 158.50 NA New Offering 73927 CORRECTIONS OFFICER SAFETY PLAN BUNDLE HEADER $ - Bundle Component, not for independent sale NA New Offering 73928 CORRECTIONS OFFICER SAFETY BUNDLE PAYMENT $ 139.00 NA New Offering 73929 CORRECTIONS OFFICER SAFETY TRUE-UP PAYMENT $ 57.75 NA New Offering 73930 CORRECTIONS POST SAFETY PLAN BUNDLE HEADER - 10 YEAR $ - Bundle Component, not for independent sale NA New Offering 73931 CORRECTIONS OFFICER SAFETY PLAN BUNDLE HEADER - 10 YEAR $ - Bundle Component, not for independent sale NA New Offering 73932 CORRECTIONS POST OFFICER SAFETY TRUE-UP PAYMENT 2 $ 231.25 NA New Offering 73933 CORRECTIONS OFFICER SAFETY TRUE-UP PAYMENT 2 $ 87.25 NA New Offering 73940 OFFICER SAFETY PLAN 7 PREMIUM BUNDLE $ - Bundle Component, not for independent sale NA New Offering 73941 OFFICER SAFETY PLAN 7 PREMIUM PAYMENT $ 239.00 NA New Offering 73942 OFFICER SAFETY PLAN 7 PREMIUM TRUE UP PAYMENT $ 54.00 NA New Offering 73943 OFFICER SAFETY PLAN 7 PREMIUM 10 YEAR BUNDLE HEADER $ - Bundle Component, not for independent sale NA New Offering 73944 OFFICER SAFETY PLAN 7 PLUS BUNDLE HEADER $ - Bundle Component, not for independent sale NA New Offering 73945 OFFICER SAFETY PLAN 7 PLUS 10 YEAR BUNDLE HEADER $ - Bundle Component, not for independent sale NA New Offering 73946 OFFICER SAFETY PLAN 7 BUNDLE HEADER $ - Bundle Component, not for independent sale NA New Offering DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 17 73947 OFFICER SAFETY PLAN 7 10 YEAR BUNDLE HEADER $ - Bundle Component, not for independent sale NA New Offering 73948 OSP7 UPGRADE BUNDLE HEADER $ - Bundle Component, not for independent sale NA New Offering 73950 OFFICER SAFETY PLAN 7 PLUS PLUS TRUE UP PAYMENT 2 $ 86.25 NA New Offering 73951 OFFICER SAFETY PLAN 7 PLUS TRUE UP PAYMENT 1 $ 50.75 NA New Offering 73952 OFFICER SAFETY PLAN 7 PLUS TRUE UP PAYMENT 2 $ 80.75 NA New Offering 73953 OFFICER SAFETY PLAN 7 TRUE UP PAYMENT 1 $ 54.25 NA New Offering 73954 OFFICER SAFETY PLAN 7 TRUE UP PAYMENT 2 $ 87.75 NA New Offering 73955 OFFICER SAFETY PLAN STANDARD TRUE UP PAYMENT 1 $ 33.75 NA New Offering 73956 OFFICER SAFETY PLAN STANDARD TRUE UP PAYMENT 2 $ 53.00 NA New Offering 73957 OFFICER SAFETY PLAN 7 PLUS PAYMENT $ 209.00 NA New Offering 73958 OFFICER SAFETY PLAN 7 PAYMENT $ 159.00 NA New Offering 73959 OFFICER SAFETY PLAN PLUS YEAR 6-10 PAYMENT Y6 $ 215.27 NA New Offering 73960 OFFICER SAFETY PLAN PLUS YEAR 6-10 PAYMENT Y7 $ 221.73 NA New Offering 73961 OFFICER SAFETY PLAN PLUS YEAR 6-10 PAYMENT Y8 $ 228.38 NA New Offering 73962 OFFICER SAFETY PLAN PLUS YEAR 6-10 PAYMENT Y9 $ 235.23 NA New Offering 73963 OFFICER SAFETY PLAN PLUS YEAR 6-10 PAYMENT Y10 $ 242.29 NA New Offering 73964 OFFICER SAFETY PLAN 7 PREMIUM PAYMENT Y6 $ 246.17 NA New Offering 73965 OFFICER SAFETY PLAN 7 PREMIUM PAYMENT Y7 $ 253.56 NA New Offering 73966 OFFICER SAFETY PLAN 7 PREMIUM PAYMENT Y8 $ 261.16 NA New Offering 73967 OFFICER SAFETY PLAN 7 PREMIUM PAYMENT Y9 $ 269.00 NA New Offering 73968 OFFICER SAFETY PLAN 7 PREMIUM PAYMENT Y10 $ 277.07 NA New Offering 73969 OFFICER SAFETY PLAN 7 PREMIUM TRUE UP 1 $ 28.00 NA New Offering 73970 OFFICER SAFETY PLAN 7 PREMIUM TRUE UP 2 $ 25.00 NA New Offering 73971 OFFICER SAFETY PLAN 7 PREMIUM TRUE UP 3 $ 70.25 NA New Offering 73972 OFFICER SAFETY PLAN 7 PREMIUM TRUE UP 4 $ 65.50 NA New Offering 73973 OFFICER SAFETY PLAN 7 PREMIUM TRUE UP 5 $ 80.25 NA New Offering 73974 OFFICER SAFETY PLAN 7 PREMIUM TRUE UP 6 $ 64.50 NA New Offering 73975 OFFICER SAFETY PLAN 7 PREMIUM TRUE UP 7 $ 113.46 NA New Offering 73976 OFFICER SAFETY PLAN 7 PLUS TRUE UP 1 $ 26.25 NA New Offering 73977 OFFICER SAFETY PLAN 7 PLUS TRUE UP 2 $ 22.75 NA New Offering 73978 OFFICER SAFETY PLAN 7 PLUS TRUE UP 3 $ 65.00 NA New Offering 73979 OFFICER SAFETY PLAN 7 PLUS TRUE UP 4 $ 60.25 NA New Offering 73980 OFFICER SAFETY PLAN 7 PLUS TRUE UP 5 $ 74.00 NA New Offering 73981 OFFICER SAFETY PLAN 7 PLUS TRUE UP 6 $ 59.00 NA New Offering DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 18 73982 OFFICER SAFETY PLAN 7 PLUS TRUE UP 7 $ 104.75 NA New Offering 73983 OFFICER SAFETY PLAN 7 TRUE UP 1 $ 26.25 NA New Offering 73984 OFFICER SAFETY PLAN 7 TRUE UP 2 $ 20.75 NA New Offering 73985 OFFICER SAFETY PLAN 7 TRUE UP 3 $ 65.25 NA New Offering 73986 OFFICER SAFETY PLAN 7 TRUE UP 4 $ 59.00 NA New Offering 73987 OFFICER SAFETY PLAN 7 TRUE UP 5 $ 72.75 NA New Offering 73988 OFFICER SAFETY PLAN 7 TRUE UP 6 $ 55.50 NA New Offering 73989 OFFICER SAFETY PLAN 7 TRUE UP 7 $ 104.00 NA New Offering 73990 OFFICER SAFETY PLAN 7 PAYMENT Y6 $ 163.77 NA New Offering 73991 OFFICER SAFETY PLAN 7 PAYMENT Y7 $ 168.68 NA New Offering 73992 OFFICER SAFETY PLAN 7 PAYMENT Y8 $ 173.74 NA New Offering 73993 OFFICER SAFETY PLAN 7 PAYMENT Y9 $ 178.96 NA New Offering 73994 OFFICER SAFETY PLAN 7 PAYMENT Y10 $ 184.32 NA New Offering 73995 OFFICER SAFETY PLAN 7 PLUS PLUS 10Y PAYMENT Y1-5 $ 239.00 NA New Offering 73996 OFFICER SAFETY PLAN 7 PLUS 10Y PAYMENT Y1-5 $ 209.00 NA New Offering 73997 OFFICER SAFETY PLAN 7 10Y PAYMENT Y1-5 $ 159.00 NA New Offering 74037 X2 HARD CASE AND FOAM $ 146.30 NA New Accessory 74047 2 YEAR TAP FLEX 2 CONTROLLER REPLACEMENT $ - Bundle Component, not for independent sale NA New Offering 74049 3 YEAR TAP FLEX 2 CONTROLLER REPLACEMENT $ - Bundle Component, not for independent sale NA New Offering 74050 3.5 YEAR TAP FLEX 2 CONTROLLER REPLACEMENT $ - Bundle Component, not for independent sale NA New Offering 74051 4 YEAR TAP FLEX 2 CONTROLLER REPLACEMENT $ - Bundle Component, not for independent sale NA New Offering 75001 SIGNAL SIDEARM ADHESIVE MOUNT REMOVAL KIT $ - Bundle Component, not for independent sale NA New Accessory 75003 SIGNAL SIDEARM, RH HOLSTER, 0794-R $ 249.00 NA New Accessory 75004 SIGNAL SIDEARM, LH HOLSTER, 0794-L $ 249.00 NA New Accessory 75007 SIGNAL SIDEARM, RH HOLSTER, 0803-R $ 249.00 NA New Accessory 75008 SIGNAL SIDEARM, LH HOLSTER, 0803-L $ 249.00 NA New Accessory 75020 CROUZET BM1R16MV1, SIGNAL SIR $ 65.00 NA New Accessory 75021 DIN RAIL, SIGNAL SIR $ 4.00 NA New Accessory 75022 AXON BODY 3 - RAPIDLOCK SCREW REPAIR KIT $ 10.00 NA New Accessory 79999 AUTO TAGGING / PERFORMANCE IMPLEMENTATION SERVICE $ - Bundle Component, not for independent sale $ 2,000.00 100% 80004 TARGET, CONDUCTIVE, 2 PART, TOP AND BOTTOM $ 36.05 $ 34.50 -4% 80074 OFFICER SAFETY PLAN STANDARD BWC AND CEW BUNDLE: 5 YEAR $ 6,897.00 $ 6,600.00 -5% 80173 FLEET 2 TAP PAYMENT: 5 YEAR UPFRONT $ 2,400.00 NA New Offering 80174 FLEET 2 TAP PAYMENT: YEAR 1 $ 480.00 NA New Offering DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 19 80175 FLEET 2 TAP PAYMENT: YEAR 2 $ 480.00 NA New Offering 80176 FLEET 2 TAP PAYMENT: YEAR 3 $ 480.00 NA New Offering 80177 FLEET 2 TAP PAYMENT: YEAR 4 $ 480.00 NA New Offering 80178 FLEET 2 TAP PAYMENT: YEAR 5 $ 480.00 NA New Offering 80179 FLEET 2 TAP TRUE-UP PAYMENT $ 58.00 NA New Offering 80182 EXTENDED WARRANTY, 4 YEAR, FLEET 2 FRONT CAMERA SYSTEM $ 76.00 NA New Offering 80183 EXTENDED WARRANTY, 4 YEAR, FLEET 2 REAR CAMERA SYSTEM $ 76.00 NA New Offering 80184 EXTENDED WARRANTY, 4 YEAR, FLEET 2 REAR CAMERA CONTROLLER $ 36.00 NA New Offering 80185 EXTENDED WARRANTY, 4 YEAR, FLEET 2 JUNCTION BOX $ 16.00 NA New Offering 80223 INACTIVE CHANNEL ACCESS LICENSE $ - Bundle Component, not for independent sale NA New Offering 80224 INACTIVE CHANNEL ACCESS PAYMENT $ 5,000.00 NA New Offering 80225 ACTIVE CHANNEL ACCESS LICENSE $ - Bundle Component, not for independent sale NA New Offering 80226 ACTIVE CHANNEL ACCESS PAYMENT $ 417.00 NA New Offering 80227 RESPOND FOR DISPATCH VIEW-ONLY ACCESS $ - Bundle Component, not for independent sale NA New Offering 80228 RESPOND FOR DISPATCH VIEW-ONLY PAYMENT $ - Bundle Component, not for independent sale NA New Offering 80270 EXTENDED WARRANTY, 4 YEAR, FLEET 2 SIGNAL UNIT $ 55.80 NA New Offering 80271 EXTENDED WARRANTY, 4 YEAR, FLEET 2 BATTERY SYSTEM $ 20.00 NA New Offering 80277 AXON COMMANDER, PRO LICENSE, TERM $ - Bundle Component, not for independent sale NA New Offering 80278 AXON COMMANDER, PRO LICENSE, TERM PAYMENT $ 39.00 NA New Offering 80281 COMMANDER CAMERA LICENSE, TERM $ - Bundle Component, not for independent sale NA New Offering 80282 AXON COMMANDER, CAMERA LICENSE, TERM PAYMENT $ 10.00 NA New Offering 80283 COMMANDER - TASER 7 - TERM LICENSE $ - Bundle Component, not for independent sale NA New Offering 80284 COMMANDER - TASER 7 - TERM LICENSE PAYMENT $ 5.00 NA New Offering 80285 COMMANDER - TASER 7 - PERPETUAL LICENSE SMA $ - Bundle Component, not for independent sale NA New Offering 80286 COMMANDER - TASER 7 - PERPETUAL LICENSE SMA PAYMENT $ 87.00 NA New Offering 80290 AXON COMMANDER, BASIC LICENSE, TERM ACCESS $ - Bundle Component, not for independent sale NA New Offering 80291 AXON COMMANDER BASIC LICENSE, TERM PAYMENT $ 15.00 NA New Offering 80292 AXON COMMANDER CAMERA LICENSE, PERPETUAL PAYMENT $ 360.00 NA New Offering 80293 AXON COMMANDER PRO LICENSE PERPETUAL PAYMENT $ 1,100.00 NA New Offering 80294 AXON COMMANDER SERVER PERPETUAL LICENSE ACCESS $ - Bundle Component, not for independent sale NA New Offering 80295 AXON COMMANDER SERVER PERPETUAL LICENSE PAYMENT $ 2,500.00 NA New Offering 80296 AXON COMMANDER SERVER SMA ACCESS $ - Bundle Component, not for independent sale NA New Offering 80297 AXON COMMANDER SERVER SMA PAYMENT $ 53.00 NA New Offering 80298 AXON COMMANDER SERVER TERM LICENSE ACCESS $ - Bundle Component, not for independent sale NA New Offering DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 20 80299 AXON COMMANDER SERVER TERM LICENSE PAYMENT $ 42.00 NA New Offering 80320 PEO ADD-ON ACCESS $ - Bundle Component, not for independent sale NA New Offering 80321 PEO ADD-ON PAYMENT $ 9.00 NA New Offering 80322 LIVE STREAMING ADD-ON ACCESS $ - Bundle Component, not for independent sale NA New Offering 80323 LIVE STREAMING ADD-ON PAYMENT $ 9.00 NA New Offering 80325 EXTENDED WARRANTY, 1 YEAR, FLEET 2 BATTERY SYSTEM $ 5.00 NA New Offering 80326 EXT WARRANTY, 1 YEAR, FLEET 2 FRONT CAMERA SYSTEM $ 19.00 NA New Offering 80327 EXTENDED WARRANTY, 1 YEAR, FLEET 2 JUNCTION BOX $ 4.00 NA New Offering 80328 EXTENDED WARRANTY, 1 YEAR, FLEET 2 KIT $ 78.00 NA New Offering 80329 EXT WARRANTY, 1 YEAR, FLEET 2 REAR CAM CONTROLLER $ 9.00 NA New Offering 80330 EXT WARRANTY, 1 YEAR, FLEET 2 REAR CAMERA SYSTEM $ 19.00 NA New Offering 80331 EXTENDED WARRANTY, 1 YEAR, FLEET 2 SIGNAL UNIT $ 13.95 NA New Offering 80332 EXTENDED WARRANTY, 1 YEAR,EVIDENCE.COM DOCK, CORE $ 15.70 NA New Offering 80333 EXTENDED WARRANTY, 2 YEAR, FLEET 2 BATTERY SYSTEM $ 10.00 NA New Offering 80334 EXT WARRANTY, 2 YEAR, FLEET 2 FRONT CAMERA SYSTEM $ 38.00 NA New Offering 80335 EXTENDED WARRANTY, 2 YEAR, FLEET 2 JUNCTION BOX $ 8.00 NA New Offering 80336 EXTENDED WARRANTY, 2 YEAR, FLEET 2 KIT $ 156.00 NA New Offering 80337 EXT WARRANTY, 2 YEAR, FLEET 2 REAR CAM CONTROLLER $ 18.00 NA New Offering 80338 EXT WARRANTY, 2 YEAR, FLEET 2 REAR CAMERA SYSTEM $ 38.00 NA New Offering 80339 EXTENDED WARRANTY, 2 YEAR, FLEET 2 SIGNAL UNIT $ 27.90 NA New Offering 80340 EXTENDED WARRANTY, 3 YEAR, FLEET 2 BATTERY SYSTEM $ 15.00 NA New Offering 80341 EXT WARRANTY, 3 YEAR, FLEET 2 FRONT CAMERA SYSTEM $ 57.00 NA New Offering 80342 EXTENDED WARRANTY, 3 YEAR, FLEET 2 JUNCTION BOX $ 12.00 NA New Offering 80343 EXTENDED WARRANTY, 3 YEAR, FLEET 2 KIT $ 234.00 NA New Offering 80344 EXT WARRANTY, 3 YEAR, FLEET 2 REAR CAM CONTROLLER $ 27.00 NA New Offering 80345 EXT WARRANTY, 3 YEAR, FLEET 2 REAR CAMERA SYSTEM $ 57.00 NA New Offering 80346 EXTENDED WARRANTY, 3 YEAR, FLEET 2 SIGNAL UNIT $ 41.85 NA New Offering 80347 EXTENDED WARRANTY, 3 YEAR, EVIDENCE.COM DOCK, CORE $ 47.10 NA New Offering 80348 EXT WARRANTY, 1 YEAR, FLEET WIRELESS MICROPHONE $ 10.45 NA New Offering 80349 EXT WARRANTY, 2 YEAR, FLEET WIRELESS MICROPHONE $ 20.90 NA New Offering 80350 EXT WARRANTY, 3 YEAR, FLEET WIRELESS MICROPHONE $ 31.35 NA New Offering 80351 EXT WARRANTY, FLEET 3, 2 CAMERA KIT, 1 YEAR $ 107.50 NA New Offering 80352 EXT WARRANTY, FLEET 3, 2 CAMERA KIT, 2 YEARS $ 215.00 NA New Offering 80353 EXT WARRANTY, FLEET 3, 2 CAMERA KIT, 3 YEARS $ 322.50 NA New Offering DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 21 80354 EXT WARRANTY, FLEET 3, CHARGING BASE, 1 YEAR $ 12.25 NA New Offering 80355 EXT WARRANTY, FLEET 3, CHARGING BASE, 2 YEARS $ 24.50 NA New Offering 80356 EXT WARRANTY, FLEET 3, CHARGING BASE, 3 YEARS $ 36.75 NA New Offering 80357 EXT WARRANTY, FLEET 3, DUAL-VIEW CAMERA, 1 YEAR $ 28.75 NA New Offering 80358 EXT WARRANTY, FLEET 3, DUAL-VIEW CAMERA, 2 YEARS $ 57.50 NA New Offering 80359 EXT WARRANTY, FLEET 3, DUAL-VIEW CAMERA, 3 YEARS $ 86.25 NA New Offering 80360 EXT WARRANTY, FLEET 3, HUB, 1 YEAR $ 53.75 NA New Offering 80361 EXT WARRANTY, FLEET 3, HUB, 2 YEARS $ 107.50 NA New Offering 80362 EXT WARRANTY, FLEET 3, HUB, 3 YEARS $ 161.25 NA New Offering 80363 EXT WARRANTY, FLEET 3, INTERIOR CAMERA, 1 YEAR $ 25.00 NA New Offering 80364 EXT WARRANTY, FLEET 3, INTERIOR CAMERA, 2 YEARS $ 50.00 NA New Offering 80365 EXT WARRANTY, FLEET 3, INTERIOR CAMERA, 3 YEARS $ 75.00 NA New Offering 80366 EXT WARRANTY, FLEET 3, WIRELESS MIC KIT, 1 YEAR $ 24.50 NA New Offering 80367 EXT WARRANTY, FLEET 3, WIRELESS MIC KIT, 2 YEARS $ 49.00 NA New Offering 80368 EXT WARRANTY, FLEET 3, WIRELESS MIC KIT, 3 YEARS $ 73.50 NA New Offering 80369 EXT WARRANTY, FLEET 3, WIRELESS MIC, 1 YEAR $ 12.25 NA New Offering 80370 EXT WARRANTY, FLEET 3, WIRELESS MIC, 2 YEARS $ 24.50 NA New Offering 80371 EXT WARRANTY, FLEET 3, WIRELESS MIC, 3 YEARS $ 36.75 NA New Offering 80460 FLEET 3 BUNDLE TRUE UP $ 78.00 $ 75.10 -4% 80462 FLEET 3 ADVANCED BUNDLE WITH TAP TRUE UP $ 108.00 $ 106.25 -2% 80471 FLEET 3 ADVANCED RENEWAL WITH TAP $ - Bundle Component, not for independent sale NA New Offering 80472 FLEET 3 RENEWAL WITH TAP $ - Bundle Component, not for independent sale NA New Offering 80473 FLEET 3 RENEWAL $ - Bundle Component, not for independent sale NA New Offering 80474 FLEET 3 ADVANCED RENEWAL WITH TAP PAYMENT $ 148.00 NA New Offering 80475 FLEET 3 RENEWAL WITH TAP PAYMENT $ 109.00 NA New Offering 80476 FLEET 3 RENEWAL PAYMENT $ 69.00 NA New Offering 80477 FLEET 3 ADVANCED RENEWAL WITH TAP TRUE UP $ 51.24 NA New Offering 80478 FLEET 3 RENEWAL WITH TAP TRUE UP $ 53.21 NA New Offering 80479 FLEET 3 RENEWAL TRUE UP $ 20.79 NA New Offering 85000 Alligator Clip (Assembled) $ 60.09 $ 57.50 -5% 85002 Taser Cleaning Kit $ 82.03 $ 78.50 -4% 85035 EVIDENCE.COM STORAGE $ - Bundle Component, not for independent sale $ 0.75 100% 85115 OFFICER SAFETY PLAN STANDARD CEW TRUE UP PAYMENT $ 20.90 NA New Offering 85130 OFFICER SAFETY PLAN STANDARD YEAR 1 PAYMENT $ 1,379.40 $ 1,320.00 -5% DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 22 85131 OFFICER SAFETY PLAN STANDARD YEAR 2 PAYMENT $ 1,379.40 $ 1,320.00 -5% 85132 OFFICER SAFETY PLAN STANDARD YEAR 3 PAYMENT $ 1,379.40 $ 1,320.00 -5% 85133 OFFICER SAFETY PLAN STANDARD YEAR 4 PAYMENT $ 1,379.40 $ 1,320.00 -5% 85134 OFFICER SAFETY PLAN STANDARD YEAR 5 PAYMENT $ 1,379.40 $ 1,320.00 -5% 85135 OFFICER SAFETY PLAN STANDARD FIVE YEAR CONTRACT UPFRONT PAYM $ 6,897.00 $ 6,600.00 -5% 85176 TASER 60 YEAR 1 PAYMENT: X2 BASIC $ 379.34 $ 363.00 -5% 85177 TASER 60 YEAR 2 PAYMENT: X2 BASIC $ 379.34 $ 363.00 -5% 85178 TASER 60 YEAR 3 PAYMENT: X2 BASIC $ 379.34 $ 363.00 -5% 85179 TASER 60 YEAR 4 PAYMENT: X2 BASIC $ 379.34 $ 363.00 -5% 85180 TASER 60 YEAR 5 PAYMENT: X2 BASIC $ 379.34 $ 363.00 -5% 85181 TASER 60 YEAR 1 PAYMENT: X26P BASIC $ 319.77 $ 306.00 -4% 85182 TASER 60 YEAR 2 PAYMENT: X26P BASIC $ 319.77 $ 306.00 -4% 85183 TASER 60 YEAR 3 PAYMENT: X26P BASIC $ 319.77 $ 306.00 -4% 85184 TASER 60 YEAR 4 PAYMENT: X26P BASIC $ 319.77 $ 306.00 -4% 85185 TASER 60 YEAR 5 PAYMENT: X26P BASIC $ 319.77 $ 306.00 -4% 85240 TASER 60 YEAR 1 PAYMENT: TASERCAM HD $ 175.56 $ 168.00 -5% 85241 TASER 60 YEAR 2 PAYMENT: TASERCAM HD $ 175.56 $ 168.00 -5% 85242 TASER 60 YEAR 3 PAYMENT: TASERCAM HD $ 175.56 $ 168.00 -5% 85243 TASER 60 YEAR 4 PAYMENT: TASERCAM HD $ 175.56 $ 168.00 -5% 85244 TASER 60 YEAR 5 PAYMENT: TASERCAM HD $ 175.56 $ 168.00 -5% 85700 TASER 60 YEAR 1 PAYMENT: X2 UNLIMITED $ 523.55 $ 501.00 -5% 85701 TASER 60 YEAR 2 PAYMENT: X2 UNLIMITED $ 523.55 $ 501.00 -5% 85702 TASER 60 YEAR 3 PAYMENT: X2 UNLIMITED $ 523.55 $ 501.00 -5% 85703 TASER 60 YEAR 4 PAYMENT: X2 UNLIMITED $ 523.55 $ 501.00 -5% 85704 TASER 60 YEAR 5 PAYMENT: X2 UNLIMITED $ 523.55 $ 501.00 -5% 85705 TASER 60 YEAR 1 PAYMENT: X26P UNLIMITED $ 449.56 $ 430.20 -5% 85706 TASER 60 YEAR 2 PAYMENT: X26P UNLIMITED $ 449.56 $ 430.20 -5% 85707 TASER 60 YEAR 3 PAYMENT: X26P UNLIMITED $ 449.56 $ 430.20 -5% 85708 TASER 60 YEAR 4 PAYMENT: X26P UNLIMITED $ 449.56 $ 430.20 -5% 85709 TASER 60 YEAR 5 PAYMENT: X26P UNLIMITED $ 449.56 $ 430.20 -5% 85759 AUTO-TRANSCRIBE 1000 A LA CARTE MINUTES $ 29.17 NA New Offering 85760 AUTO-TRANSCRIBE ON DEMAND SERVICE $ - Bundle Component, not for independent sale NA New Offering 85761 AUTO-TRANSCRIBE ON DEMAND PAYMENT $ 20.00 NA New Offering 85762 AUTO-TRANSCRIBE JUSTICE ACCESS SERVICE $ - Bundle Component, not for independent sale NA New Offering DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 23 85763 AUTO-TRANSCRIBE JUSTICE PAYMENT $ 70.00 NA New Offering 86000 EVIDENCE.COM ARCHIVAL ANNUAL STORAGE $ - Bundle Component, not for independent sale $ 0.38 100% 87062 TECH ASSURANCE PLAN 8-BAY BODY 3 DOCK PAYMENT $ 29.50 $ 57.50 49% 88118 UCP STANDARD UPFRONT PAYMENT $ 940.50 $ 900.00 -5% 88119 UCP SMART UPFRONT PAYMENT $ 1,065.90 $ 1,020.00 -5% 88130 UCP STANDARD - YEAR 1 PAYMENT $ 188.10 $ 180.00 -5% 88131 UCP STANDARD - YEAR 2 PAYMENT $ 188.10 $ 180.00 -5% 88132 UCP STANDARD - YEAR 3 PAYMENT $ 188.10 $ 180.00 -5% 88133 UCP STANDARD - YEAR 4 PAYMENT $ 188.10 $ 180.00 -5% 88134 UCP STANDARD - YEAR 5 PAYMENT $ 188.10 $ 180.00 -5% 88135 UCP SMART - YEAR 1 PAYMENT $ 213.18 $ 204.00 -5% 88136 UCP SMART - YEAR 2 PAYMENT $ 213.18 $ 204.00 -5% 88137 UCP SMART - YEAR 3 PAYMENT $ 213.18 $ 204.00 -5% 88138 UCP SMART - YEAR 4 PAYMENT $ 213.18 $ 204.00 -5% 88139 UCP SMART - YEAR 5 PAYMENT $ 213.18 $ 204.00 -5% 89420 AXON EVIDENCE PRO LICENSE ENTERPRISE 1-1000 USERS $ - Bundle Component, not for independent sale NA New Offering 89421 AXON EVIDENCE PRO LICENSE ENTERPRISE 1001 - 5,000 USERS $ - Bundle Component, not for independent sale NA New Offering 89422 AXON EVIDENCE PRO LICENSE ENTERPRISE 5,001 - 10,000 USERS $ - Bundle Component, not for independent sale NA New Offering 89423 AXON EVIDENCE PRO LICENSE ENTERPRISE 10,001 - 20,000 USERS $ - Bundle Component, not for independent sale NA New Offering 89424 AXON EVIDENCE PRO LICENSE ENTERPRISE 20,001 - 50,000 USERS $ - Bundle Component, not for independent sale NA New Offering 89425 AXON EVIDENCE PRO LICENSE ENTERPRISE 50,001+ USERS $ - Bundle Component, not for independent sale NA New Offering 89426 AXON EVIDENCE PRO LICENSE ENTERPRISE PAYMENT 1-1000 USERS $ 56,700.00 NA New Offering 89427 AXON EVIDENCE PRO LICENSE ENTERPRISE PAYMENT 1001 - 5,000 US $ 176,400.00 NA New Offering 89428 AXON EVIDENCE PRO LICENSE ENTERPRISE PAYMENT 5,001 - 10,000 $ 330,750.00 NA New Offering 89429 AXON EVIDENCE PRO LICENSE ENTERPRISE PAYMENT 10,001 - 20,000 $ 567,000.00 NA New Offering 89430 AXON EVIDENCE PRO LICENSE ENTERPRISE PAYMENT 20,001 - 50,000 $ 945,000.00 NA New Offering 89431 AXON EVIDENCE PRO LICENSE ENTERPRISE PAYMENT 50,001+ USERS $ 1,559,250.00 NA New Offering 89432 AXON EVIDENCE PRO PLUS LICENSE ENTERPRISE 1-1000 USERS $ - Bundle Component, not for independent sale NA New Offering 89433 AXON EVIDENCE PRO PLUS LICENSE ENTERPRISE 1001 - 5,000 USERS $ - Bundle Component, not for independent sale NA New Offering 89434 AXON EVIDENCE PRO PLUS LICENSE ENTERPRISE 5,001 - 10,000 USE $ - Bundle Component, not for independent sale NA New Offering 89435 AXON EVIDENCE PRO PLUS LICENSE ENTERPRISE 10,001 - 20,000 US $ - Bundle Component, not for independent sale NA New Offering 89436 AXON EVIDENCE PRO PLUS LICENSE ENTERPRISE 20,001 - 50,000 US $ - Bundle Component, not for independent sale NA New Offering 89437 AXON EVIDENCE PRO PLUS LICENSE ENTERPRISE 50,001+ USERS $ - Bundle Component, not for independent sale NA New Offering 89438 AXON EVIDENCE PRO PLUS LICENSE ENTERPRISE PAYMENT 1-1000 USE $ 79,050.00 NA New Offering DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 24 89439 AXON EVIDENCE PRO PLUS LICENSE ENTERPRISE PAYMENT 1001 - 5,0 $ 244,125.00 NA New Offering 89440 AXON EVIDENCE PRO PLUS LICENSE ENTERPRISE PAYMENT 5,001 - 10 $ 453,375.00 NA New Offering 89441 AXON EVIDENCE PRO PLUS LICENSE ENTERPRISE PAYMENT 10,001 - 2 $ 767,250.00 NA New Offering 89442 AXON EVIDENCE PRO PLUS LICENSE ENTERPRISE PAYMENT 20,001 - 5 $ 1,255,500.00 NA New Offering 89443 AXON EVIDENCE PRO PLUS LICENSE ENTERPRISE PAYMENT 50,001+ US $ 2,071,575.00 NA New Offering 98100 Cartridge, Simulator $ 13.69 $ 13.10 -5% DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 2. Update to Vendor’s Master Services and Purchasing Agreement. Attachment F to the Master Price Agreement shall be amended in part to reflect the Vendor’s 2021 Master Services and Purchasing Agreement: ATTACHMENT F to Master Price Agreement by and between VENDOR and PURCHASER. ADDITIONAL VENDOR TERMS OF PURCHASE, IF ANY. DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 27 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 28 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 29 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 30 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 31 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 32 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 33 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 34 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 35 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 36 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 37 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 38 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 39 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 40 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 41 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 42 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 43 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 44 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 45 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 46 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 47 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 48 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 49 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 50 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 51 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 52 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 53 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 54 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 55 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 56 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 57 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 58 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 59 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 60 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 61 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 62 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 63 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 64 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 65 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 66 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 67 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 68 DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA 69 3. Full Force and Effect. In each and every other respect, the terms of the Master Price Agreement, as amended, entered into between the parties on or about June 8, 2020 shall remain in full force and effect during the term of the agreement and the parties hereto hereby ratify said Master Price Agreement in its entirety, as if fully set out herein, along with the modifications identified herein. IN WITNESS WHEREOF, the parties have hereto signed this Amendment on the day and year first above written. LEAGUE OF OREGON CITIES _______________________________ Date _________________________ BY: ITS: AXON ENTERPRISE, INC. _______________________________ Date _________________________ BY: ITS: DocuSign Envelope ID: DC850A86-434C-44FB-AED4-6F0F77EEB5CA Chris Kirby SVP, US Domestic Sales February 26, 2021 | 4:00 PM PST February 26, 2021 | 4:34 PM PST Executive Director Mike Cully Certificate Of Completion Envelope Id: DC850A86434C44FBAED46F0F77EEB5CA Status: Completed Subject: Please DocuSign: MPA Amendment 3 RFP 2010 AXON - FINAL.pdf Source Envelope: Document Pages: 69 Signatures: 2 Envelope Originator: Certificate Pages: 5 Initials: 0 Marshall Stiles AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 1100 Olive Way Suite 1020 Seattle, WA 98101 marshall.stiles@mynpp.com IP Address: 73.239.90.189 Record Tracking Status: Original 2/26/2021 2:11:25 PM Holder: Marshall Stiles marshall.stiles@mynpp.com Location: DocuSign Signer Events Signature Timestamp Chris Kirby ckirby@axon.com SVP, US Domestic Sales Axon Enterprise, Inc. Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 76.176.7.91 Sent: 2/26/2021 3:29:44 PM Viewed: 2/26/2021 3:58:51 PM Signed: 2/26/2021 4:00:31 PM Electronic Record and Signature Disclosure: Accepted: 2/26/2021 3:58:51 PM ID: 5d616146-fd9d-4455-b2a7-b362d12c18f0 Mike Cully mcully@orcities.org Executive Director Security Level: Email, Account Authentication (None)Signature Adoption: Drawn on Device Using IP Address: 174.204.193.8 Signed using mobile Sent: 2/26/2021 4:00:37 PM Viewed: 2/26/2021 4:33:33 PM Signed: 2/26/2021 4:34:39 PM Electronic Record and Signature Disclosure: Accepted: 2/26/2021 4:33:33 PM ID: 318d5b60-c13e-44db-9414-d5c884f6de95 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Emily Iverson eiverson@axon.com Partner Purchasing Program Manager Security Level: Email, Account Authentication (None) Sent: 2/26/2021 2:14:45 PM Resent: 2/26/2021 4:34:45 PM Viewed: 2/28/2021 4:26:03 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Kris Bordnick chris.bordnick@mynpp.com Business Development NPPGov Security Level: Email, Account Authentication (None) Sent: 2/26/2021 4:34:45 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 2/26/2021 2:14:45 PM Certified Delivered Security Checked 2/26/2021 4:33:33 PM Signing Complete Security Checked 2/26/2021 4:34:39 PM Completed Security Checked 2/26/2021 4:34:45 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, National Purchasing Partners (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 12/29/2020 5:54:29 AM Parties agreed to: Chris Kirby, Mike Cully Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. 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Sixth Amendment to Master Price Agreement for LAW ENFORCEMENT EQUIPMENT SKU Product Line Addition This Amendment to the Master Price Agreement is entered into this 1st day of July, 2021 by LEAGUE OF OREGON CITIES LOC (“Purchaser”) and AXON ENTERPRISE, INC. (“Vendor”) based upon the sales and/or service of LAW ENFORCEMENT EQUIPMENT. RECITALS WHEREAS, Purchaser and Vendor entered into a Master Price Agreement numbered PS20270 on or about June 8, 2020 and by this reference incorporated herein; and WHEREAS, Purchaser and Vendor entered into the First Amendment to the Master Price Agreement on or about July 20, 2020 and by this reference incorporated herein; and WHEREAS, Purchaser and Vendor entered into the Second Amendment to the Master Price Agreement on or about August 20, 2020 and by this reference incorporated herein; and WHEREAS, Purchaser and Vendor entered into the Third Amendment to the Master Price Agreement on or about February 26, 2021 and by this reference incorporated herein; and WHEREAS, Purchaser and Vendor entered into the Fourth Amendment to the Master Price Agreement on or about May 19, 2021 and by this reference incorporated herein; and WHEREAS, Purchaser and Vendor entered into the Fifth Amendment to the Master Price Agreement on or about June 2, 2021 and by this reference incorporated herein; and WHEREAS, Effective July 7, 2021, Vendor will implement a new invoicing system that will update the SKU structure for many products. The update includes the creation of new SKUs, the retirement and replacement of SKUs, and the conversion to standalone SKUs from a bundle. Vendor desires to update the Price List with the new SKUs as permitted under the terms of the Master Price Agreement; and WHEREAS, Vendor desires to update the pricing for certain items in the Price List. The new pricing will decrease the price for sixteen products, and due to changes with the original manufacture and/or supplier, increase the price for twelve products. Price changes are permitted under the terms of the Master Price Agreement; and WHEREAS, Vendor has provided notice, on or about June 28, 2021, of the SKU changes and price changes to the Price List in the Master Price Agreement; and WHEREAS, Purchaser and Vendor desire that the Master Price Agreement shall be amended in part to reflect the product line addition. NOW, THEREFORE, Purchaser and Vendor enter into the following: DocuSign Envelope ID: 7D3CD827-3FD6-4D12-A6E6-CE55E1B836BDDocuSign Envelope ID: 388C0262-C0A2-4274-B859-E868B9182A90 AMENDMENT TO MASTER PRICE AGREEMENT 1. SKU/Product Code Changes. Attachment A to the Master Price Agreement shall be amended in part to reflect following SKU/Product Code changes: ATTACHMENT A to Master Price Agreement by and between VENDOR and PURCHASER. PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES Deleted SKUs Product Code Product Name List Price Notes 11004 WARRANTY, 4 YEAR, X26P $ 361.57 Replaced with "80398" 11008 WARRANTY, 2 YEAR, X26P $ 167.20 Replaced with "80398" 11017 WARRANTY, 1 YEAR EXTENDED, X26P $ 130.10 Replaced with "80398" 11511 ROUTER ANTENNA, FLEET $ 270.00 EOL 11564 2 YEAR TAP FLEX 2 REPLACEMENT $ - Replaced with "BWCamTAP" 11565 2 YEAR TAP DOCK FLEX 2 SINGLE BAY REPLACEMENT $ - Replaced with "BWCamSBDTAP" 11566 2 YEAR TAP DOCK FLEX 2 SIX BAY REPLACEMENT $ - Replaced with "BWCamMBDTAP" 11567 2 YEAR TAP DOCK FLEX 2 SIX BAY + CORE REPLACEMENT $ - Replaced with "BWCamMBDTAP" 11568 2 YEAR TAP DOCK FLEX 2 SINGLE BAY + CORE REPLACEMENT $ - Replaced with "BWCamSBDTAP" 11569 2.5 YEAR TAP FLEX 2 REPLACEMENT $ - Replaced with "BWCamTAP" 11570 2.5 YEAR TAP DOCK FLEX 2 SINGLE BAY REPLACEMENT $ - Replaced with "BWCamSBDTAP" 11571 2.5 YEAR TAP DOCK FLEX 2 SIX BAY REPLACEMENT $ - Replaced with "BWCamMBDTAP" 11572 2.5 YEAR TAP DOCK FLEX 2 SIX BAY + CORE REPLACEMENT $ - Replaced with "BWCamMBDTAP" 11573 2.5 YEAR TAP DOCK FLEX 2 SINGLE BAY + CORE REPLACEMENT $ - Replaced with "BWCamSBDTAP" 11574 3 YEAR TAP FLEX 2 REPLACEMENT $ - Replaced with "BWCamTAP" 11575 3 YEAR TAP DOCK FLEX 2 SINGLE BAY REPLACEMENT $ - Replaced with "BWCamSBDTAP" 11576 3 YEAR TAP DOCK FLEX 2 SIX BAY REPLACEMENT $ - Replaced with "BWCamMBDTAP" 11577 3 YEAR TAP DOCK FLEX 2 SIX BAY + CORE REPLACEMENT $ - Replaced with "BWCamMBDTAP" 11578 3 YEAR TAP DOCK FLEX 2 SINGLE BAY + CORE REPLACEMENT $ - Replaced with "BWCamSBDTAP" 11579 3.5 YEAR TAP FLEX 2 REPLACEMENT $ - Replaced with "BWCamTAP" 11580 3.5 YEAR TAP DOCK FLEX 2 SINGLE BAY REPLACEMENT $ - Replaced with "BWCamSBDTAP" 11581 3.5 YEAR TAP DOCK FLEX 2 SIX BAY REPLACEMENT $ - Replaced with "BWCamMBDTAP" 11582 3.5 YEAR TAP DOCK FLEX 2 SIX BAY + CORE REPLACEMENT $ - Replaced with "BWCamMBDTAP" 11583 3.5 YEAR TAP DOCK FLEX 2 SINGLE BAY + CORE REPLACEMENT $ - Replaced with "BWCamSBDTAP" 11584 4 YEAR TAP FLEX 2 REPLACEMENT $ - Replaced with "BWCamTAP" 11585 4 YEAR TAP DOCK FLEX 2 SINGLE BAY REPLACEMENT $ - Replaced with "BWCamSBDTAP" 11586 4 YEAR TAP DOCK FLEX 2 SIX BAY REPLACEMENT $ - Replaced with "BWCamMBDTAP" 11587 4 YEAR TAP DOCK FLEX 2 SIX BAY + CORE REPLACEMENT $ - Replaced with "BWCamMBDTAP" 11588 4 YEAR TAP DOCK FLEX 2 SINGLE BAY + CORE REPLACEMENT $ - Replaced with "BWCamSBDTAP" DocuSign Envelope ID: 7D3CD827-3FD6-4D12-A6E6-CE55E1B836BDDocuSign Envelope ID: 388C0262-C0A2-4274-B859-E868B9182A90 3 11605 CRADLEPOINT ROUTER - IBR900LP6 $ 880.00 EOL 11622 CRADLEPOINT IBR900-600M-NPS + 5YR NETCLOUD ESSENTIALS (PRIME $ 1,379.00 EOL 11637 CRADLEPOINT FIPS IBR900-600M-NPS+5 YEAR NETCLD ESSENT PRIME $ 1,929.00 EOL 11639 CRADLEPOINT FIPS IBR1700-600M-NPS+5 YEAR NETCLOUD ESSENT (PR $ 2,359.00 EOL 11643 THIRD-PARTY VIDEO SUPPORT LICENSE PAYMENT $ 9.00 Replaced with "11642"" 12118 AXON AIR, MATRICE 210 V2 RTK - GROUND UNIT $ - 12119 AXON AIR, M200 PART 11 TB55 (IFB) BATTERY $ - 12339 AXON AIR EVIDENCE.COM LICENSE PAYMENT $ 100.00 Replaced with "12338" 12345 AXON AIR, LICENSE FOTOKITE SIGMA 1 PAYMENT $ 166.58 Replaced with "12344" 20034 TASER 7 10 YEAR HANDLE WARRANTY $ 600.00 Replaced with "80395" 20035 TASER 7 10 YEAR BATTERY WARRANTY $ 36.00 Replaced with "80374" 20036 TASER 7 10 YEAR DOCK WARRANTY $ 600.00 Replaced with "80387" 20037 TASER 7 HANDLE WARRANTY, 1-YEAR $ 75.00 Replaced with "80395" 20038 TASER 7 BATTERY PACK WARRANTY, 1-YEAR $ 4.50 Replaced with "80374" 20039 TASER 7 DOCK & CORE WARRANTY, 1-YEAR $ 75.00 Replaced with "80380" 20040 TASER 7 HANDLE WARRANTY, 4-YEAR $ 300.00 Replaced with "80395" 20041 TASER 7 BATTERY PACK WARRANTY, 4-YEAR $ 18.00 Replaced with "80374" 20042 TASER 7 DOCK & CORE WARRANTY, 4-YEAR $ 300.00 Replaced with "80380" 20043 TASER 7 HANDLE WARRANTY, 2-YEAR $ 150.00 Replaced with "80395" 20044 TASER 7 BATTERY PACK WARRANTY, 2-YEAR $ 9.00 Replaced with "80374" 20045 TASER 7 DOCK & CORE WARRANTY, 2-YEAR $ 150.00 Replaced with "80374" 20046 TASER 7 SINGLE BAY DOCK + CORE WARRANTY, 4-YEAR $ 130.00 Replaced with "80374" 20047 TASER 7 6-BAY BATTERY DATAPORT WARRANTY, 4-YEAR $ 240.00 Replaced with "80396" 20048 TASER 7 DISCONNECT BATTERY PACK WARRANTY, 4-YEAR $ 30.00 Replaced with "80374" 20069 TASER 7 E.COM LICENSE PAYMENT $ 5.00 Replaced with "20248" 20094 TASER 7 CERTIFICATION PLAN ADD-ON YEAR 1 PAYMENT $ 240.00 Replaced with "20233" 20095 TASER 7 CERTIFICATION PLAN ADD-ON YEAR 2 PAYMENT $ 240.00 Replaced with "20233" 20096 TASER 7 CERTIFICATION PLAN ADD-ON YEAR 3 PAYMENT $ 240.00 Replaced with "20233" 20097 TASER 7 CERTIFICATION PLAN ADD-ON YEAR 4 PAYMENT $ 240.00 Replaced with "20233" 20098 TASER 7 CERTIFICATION PLAN ADD-ON YEAR 5 PAYMENT $ 240.00 Replaced with "20233" 20099 TASER 7 CERTIFICATION PLAN ADD-ON UPFRONT PAYMENT $ 1,200.00 Replaced with "20233" 20134 VR EMPATHY DEVELOPMENT STARTER CONTENT PAYMENT $ 2.50 EOL 20136 IN-HOUSE INSTRUCTOR COURSE ONLINE MATERIAL TWO YEAR ACCESS $ 30.00 Replaced with "20133" 20137 TASER 7 ONLINE TRAINING CONTENT PAYMENT $ 2.50 Replaced with "20247" 20138 TASER 7 UNLIMITED DUTY CARTRIDGE REPLACEMENT PROGRAM PAYMENT $ 2.50 Replaced with "20246" 20151 CEW TECH ASSURANCE PLAN REFUND $ - EOL 20210 TASER 7 CQ BASIC PAYMENT $ 32.25 Replaced with "T7CQB" 20215 TASER 7 CQ BUDGET ADD-ON PAYMENT $ 6.75 Replaced with "20217" 20218 TASER 7 CQ BUDGET ADD-ON PLAN $ - Replaced with "T7CQBudget" 20219 TASER 7 CQ HANDLE 4-YEAR EXTENDED WARRANTY $ 290.00 Replaced with "80394" 20220 TASER 7 CQ HANDLE 1-YEAR EXTENDED WARRANTY $ 58.00 Replaced with "80394" 20221 SINGLE BAY DATAPORT 4-YEAR EXTENDED WARRANTY $ 70.00 Replaced with "80381" 20222 SINGLE BAY DATAPORT 1-YEAR EXTENDED WARRANTY $ 14.00 Replaced with "80381" DocuSign Envelope ID: 7D3CD827-3FD6-4D12-A6E6-CE55E1B836BDDocuSign Envelope ID: 388C0262-C0A2-4274-B859-E868B9182A90 4 20223 EVIDENCE.COM DOCK, CORE 4-YEAR EXTENDED WARRANTY $ 62.80 Replaced with "80380" 20224 TASER 7 CQ BUDGET PAYMENT $ 39.00 Replaced with "T7CQBudget" 20227 TASER 7 CQ BUDGET PLAN $ - Replaced with "T7CQBudget" 20228 TASER 7 CQ DOCK PAYMENT $ 49.00 Replaced with "T7CQDock" 20229 TASER 7 CQ DOCK PLAN $ - Replaced with "T7CQDock" 20232 TASER 7 CQ BASIC PLAN $ - Replaced with "T7CQB" 20236 2020 - TASER 7 CERTIFICATION PLAN ADD-ON PLAN $ - Replaced with "20233" 20237 2020 - TASER 7 CERTIFICATION BUNDLE PAYMENT $ 60.00 Replaced with "T7Cert" 20239 2020 - TASER 7 CERTIFICATION BUNDLE TRUE UP YEAR 3 $ 38.50 EOL 20240 TASER 7 BASIC BUNDLE PAYMENT $ 40.00 Replaced with "T7Basic" 20241 2020 - TASER 7 CERTIFICATION 10 YEAR PLAN $ - Replaced with "T7Cert10Y" 20243 2020 - TASER CERT PROGRAM YEAR 6-10 PAYMENT $ 65.00 Replaced with "20242" 20249 VR EMPATHY DEVELOPMENT STARTER CONTENT ACCESS $ - EOL 20259 VR EMPATHY DEVELOPMENT USER UNLIMITED ACCESS PAYMENT $ 5.00 20261 ADD-ON VR EMPATHY DEVELOPMENT USER UNLIMITED ACCESS PAYMENT $ 2.50 20266 TASER 7 ONLINE TRAINING CONTENT ACCESS: 1 YEAR $ - Replaced with "20247" 20271 AXON VR CONTROLLER KIT $ 2,500.00 EOL 20272 ENTERPRISE UNLIMITED VR CONTENT ACCESS $ - 20273 VR EMPATHY DEVELOPMENT ENTERPRISE UNLIMITED ACCESS $ - 20274 VR 3 DOF ENTERPRISE BUNDLE PAYMENT $ 12,500.00 EOL 20275 VR 6 DOF ENTERPRISE BUNDLE PAYMENT $ 25,000.00 20277 TASER 7 CERT WITH VIRTUAL REALITY TRAINING HEADER $ - Replaced with "T7CertVR" 20278 TASER 7 CERT WITH VIRTUAL REALITY TRAINING PAYMENT $ 70.00 Replaced with "T7CertVR" 20280 TASER 7 CQ DOCK YEAR 6-10 $ - Replaced with "T7CQD10" 20282 TASER 7 CQ DOCK YEAR 6-10 PAYMENT $ 53.60 Replaced with "20281" 20284 TASER 7 CQ DOCK YEAR 10 YEAR HANDLE WARRANTY $ 89.00 Replaced with "80394" 20286 FULL VR TASER 7 ADD-ON PAYMENT $ 12.50 Replaced with "20370" 20287 FULL VR TASER 7 CERT UPGRADE PAYMENT $ 10.00 Replaced with "20371" 20300 X2 ONLINE TRAINING CONTENT ACCESS: 1 YEAR $ - Replaced with "80501" 20310 X26P ONLINE TRAINING CONTENT ACCESS: 1 YEAR $ - Replaced with "80502" 20318 AXON CORE + PLAN WITH T7 CERT 10Y PAYMENT Y1-5 $ 159.00 Replaced with "Core+10" 20319 AXON CORE PLAN T7 CQ WITH DOCK 10Y PAYMENT Y1-5 $ 139.00 Replaced with "Core 10 year" 20320 AXON CORE + PLAN WITH T7 CERT HEADER $ - Replaced with "Core+" 20321 AXON CORE + PLAN WITH T7 CERT PAYMENT $ 159.00 Replaced with "Core+" 20322 AXON CORE + PLAN WITH T7 CERT PAYMENT 6 $ 163.77 Replaced with "Core+10" 20323 AXON CORE + PLAN WITH T7 CERT PAYMENT 7 $ 168.68 Replaced with "Core+10" 20324 AXON CORE + PLAN WITH T7 CERT PAYMENT 8 $ 173.74 Replaced with "Core+10" 20325 AXON CORE + PLAN WITH T7 CERT PAYMENT 9 $ 178.96 Replaced with "Core+10" 20326 AXON CORE + PLAN WITH T7 CERT PAYMENT 10 $ 184.32 Replaced with "Core+10" 20327 AXON CORE PLAN T7 CQ WITH DOCK HEADER $ - Replaced with "Core" 20328 AXON CORE PLAN T7 CQ WITH DOCK PAYMENT $ 139.00 Replaced with "Core" 20329 AXON CORE PLAN T7 CQ WITH DOCK PAYMENT 6 $ 143.17 Replaced with "Core 10 year" 20330 AXON CORE PLAN T7 CQ WITH DOCK PAYMENT 7 $ 147.47 Replaced with "Core 10 year" DocuSign Envelope ID: 7D3CD827-3FD6-4D12-A6E6-CE55E1B836BDDocuSign Envelope ID: 388C0262-C0A2-4274-B859-E868B9182A90 5 20331 AXON CORE PLAN T7 CQ WITH DOCK PAYMENT 8 $ 151.89 Replaced with "Core 10 year" 20332 AXON CORE PLAN T7 CQ WITH DOCK PAYMENT 9 $ 156.45 Replaced with "Core 10 year" 20333 AXON CORE PLAN T7 CQ WITH DOCK PAYMENT 10 $ 161.14 Replaced with "Core 10 year" 20334 AXON CORE PLAN T7 CQ WITH DOCK HEADER 10 YEAR BUNDLE HEADER $ - Replaced with "Core 10 year" 20335 AXON CORE + PLAN WITH T7 CERT HEADER 10 YEAR BUNDLE HEADER $ - Replaced with "Core+10" 20351 COMMUNITY ENGAGEMENT TRAINING VR (1 - 20) PAYMENT $ 55.00 Replaced with "20350" 20353 COMMUNITY ENGAGEMENT TRAINING VR (21 - 50) PAYMENT $ 180.00 Replaced with "20352" 20355 COMMUNITY ENGAGEMENT TRAINING VR (51-100) PAYMENT $ 380.00 Replaced with "20354" 20357 COMMUNITY ENGAGEMENT TRAINING VR (101-150) PAYMENT $ 614.00 Replaced with "20356" 20359 COMMUNITY ENGAGEMENT TRAINING VR (151-250) PAYMENT $ 980.00 Replaced with "20358" 20361 COMMUNITY ENGAGEMENT TRAINING VR (251-500) PAYMENT $ 1,781.00 Replaced with "20360" 20363 COMMUNITY ENGAGEMENT TRAINING VR 501-1000 PAYMENT $ 3,380.00 Replaced with "20362" 20365 COMMUNITY ENGAGEMENT TRAINING VR 1001-1500 PAYMENT $ 5,317.00 Replaced with "20364" 20367 COMMUNITY ENGAGEMENT TRAINING VR 1501-5000 PAYMENT $ 13,200.00 Replaced with "20366" 20369 COMMUNITY ENGAGEMENT TRAINING VR (5,000+) PAYMENT $ - Replaced with "20368" 20381 FULL VR TRAINING ENTERPRISE (1 - 20) PAYMENT $ 165.00 Replaced with "20380" 20383 FULL VR TRAINING ENTERPRISE (21 - 50) PAYMENT $ 540.00 Replaced with "20382" 20385 FULL VR TRAINING ENTERPRISE (51 - 100) PAYMENT $ 1,140.00 Replaced with "20384" 20387 FULL VR TRAINING ENTERPRISE (101 - 150) PAYMENT $ 1,843.00 Replaced with "20386" 20389 FULL VR TRAINING ENTERPRISE (151 - 250) PAYMENT $ 2,940.00 Replaced with "20388" 20391 FULL VR TRAINING ENTERPRISE (251 - 500) PAYMENT $ 5,344.00 Replaced with "20390" 20393 FULL VR TRAINING ENTERPRISE (501 - 1,000) PAYMENT $ 10,139.00 Replaced with "20392" 20395 FULL VR TRAINING ENTERPRISE 1,001 - 1,500 PAYMENT $ 15,950.00 Replaced with "20394" 20397 FULL VR TRAINING ENTERPRISE 1,501 - 5,000 PAYMENT $ 39,600.00 Replaced with "20396" 20399 FULL VR TRAINING ENTERPRISE (5,000+) PAYMENT $ 50,000.00 Replaced with "20398" 20400 2020 - UNLIMITED 7 PAYMENT YEARS 1-5 $ 99.00 Replaced with "Unlimited7" 20401 2020 - UNLIMITED 7 PAYMENT YEAR 6 $ 99.00 Replaced with "Unlimited7" 20402 2020 - UNLIMITED 7 PAYMENT YEAR 7 $ 104.00 Replaced with "Unlimited7" 20403 2020 - UNLIMITED 7 PAYMENT YEAR 8 $ 109.00 Replaced with "Unlimited7" 20404 2020 - UNLIMITED 7 PAYMENT YEAR 9 $ 114.00 Replaced with "Unlimited7" 20405 2020 - UNLIMITED 7 PAYMENT YEAR 10 $ 120.00 Replaced with "Unlimited7" 20410 2020 - UNLIMITED 7 + PAYMENT YEARS 1-5 $ 169.00 Replaced with "Unlimited7+" 20411 2020 - UNLIMITED 7 + PAYMENT YEAR 6 $ 171.00 Replaced with "Unlimited7+" 20412 2020 - UNLIMITED 7 + PAYMENT YEAR 7 $ 178.00 Replaced with "Unlimited7+" 20413 2020 - UNLIMITED 7 + PAYMENT YEAR 8 $ 186.00 Replaced with "Unlimited7+" 20414 2020 - UNLIMITED 7 + PAYMENT YEAR 9 $ 193.00 Replaced with "Unlimited7+" 20415 2020 - UNLIMITED 7 + PAYMENT YEAR 10 $ 201.00 Replaced with "Unlimited7+" 20420 UNLIMITED + BUNDLE HEADER $ - Replaced with "Unlimited7+" 20421 UNLIMITED 7 BUNDLE HEADER $ - Replaced with "Unlimited7" 20422 UNLIMITED + BUNDLE HEADER 10 YEAR $ - Replaced with "Unlimited7+10yr" 20423 UNLIMITED 7 BUNDLE HEADER 10 YEAR $ - Replaced with "Unlimited710Yr" 20424 TASER 7 CERT W VIRTUAL REALITY TRAING 10 YR BUNDLE $ - Replaced with "T7CertVR10Yr" 20430 TASER 7 CERTIFICATION BUNDLE HEADER $ - Replaced with "T7Cert" DocuSign Envelope ID: 7D3CD827-3FD6-4D12-A6E6-CE55E1B836BDDocuSign Envelope ID: 388C0262-C0A2-4274-B859-E868B9182A90 6 20431 TASER 7 CERTIFICATION BUNDLE HEADER - 10 YEAR $ - Replaced with "T7Cert10Y" 20432 TASER 7 CERTIFICATION UPGRADE BUNDLE HEADER $ - Replaced with "T7Basic2Cert" 20437 TASER 7 CERTIFICATION BUNDLE PAYMENT $ 57.50 Replaced with "T7Cert" 20438 TASER CERTIFICATION PROGRAM YEAR 6-10 PAYMENT $ 65.00 Replaced with "20242" 20439 UNLIMITED 7 PAYMENT YEARS 1-5 $ 101.50 Replaced with "Unlimited7" 20440 UNLIMITED 7 PAYMENT YEAR 6 $ 169.00 Replaced with "Unlimited7" 20441 UNLIMITED 7 PAYMENT YEAR 7 $ 174.07 Replaced with "Unlimited7" 20442 UNLIMITED 7 PAYMENT YEAR 8 $ 179.29 Replaced with "Unlimited7" 20443 UNLIMITED 7 PAYMENT YEAR 9 $ 184.67 Replaced with "Unlimited7" 20444 UNLIMITED 7 PAYMENT YEAR 10 $ 190.21 Replaced with "Unlimited7" 20445 UNLIMITED + PAYMENT YEARS 1-5 $ 169.00 Replaced with "Unlimited7+" 20446 UNLIMITED + PAYMENT YEAR 6 $ 174.07 Replaced with "Unlimited7+" 20447 UNLIMITED + PAYMENT YEAR 7 $ 179.29 Replaced with "Unlimited7+" 20448 PRO + LICENSE PAYMENT $ 79.00 Replaced with "Pro+" 20449 PRO + BUNDLE HEADER $ - Replaced with "Pro+" 20450 TASER 7 6-BAY BATTERY DATAPORT WARRANTY, 1 YEAR $ 60.00 Replaced with "80390" 20451 TASER 7 6-BAY BATTERY DATAPORT WARRANTY, 2 YEAR $ 120.00 Replaced with "80390" 20452 TASER 7 6-BAY BATTERY DATAPORT WARRANTY, 3 YEAR $ 180.00 Replaced with "80390" 20453 TASER 7 BATTERY PACK WARRANTY, 3 YEAR $ 13.50 Replaced with "80374" 20454 TASER 7 CQ HANDLE 2 YEAR EXTENDED WARRANTY $ 145.00 Replaced with "80394" 20455 TASER 7 CQ HANDLE 3 YEAR EXTENDED WARRANTY $ 217.50 Replaced with "80394" 20456 TASER 7 DOCK & CORE WARRANTY, 3 YEAR $ 225.00 Replaced with "80380" 20457 TASER 7 HANDLE WARRANTY, 3 YEAR $ 225.00 Replaced with "80395" 20458 TASER 7 SINGLE BAY DOCK & CORE 3 YEAR EXTENDED WARRANTY $ 97.50 Replaced with "80387" 20459 UNLIMITED + PAYMENT YEAR 8 $ 184.67 Replaced with "Unlimited7+" 20460 UNLIMITED + PAYMENT YEAR 9 $ 190.21 Replaced with "Unlimited7+" 20461 UNLIMITED + PAYMENT YEAR 10 $ 195.92 Replaced with "Unlimited7+" 20462 TASER 7 CERT W VIRTUAL REALITY TRAING YR 6-10 PMNT $ 75.00 Replaced with "T7CertVR10Yr" 20465 TASER 7 CERTIFICATION PLAN ADD-ON PAYMENT $ 17.50 Replaced with "20233" 20500 OSP7 FOR CORRECTIONS BUNDLE PAYMENT Y6 $ 143.17 Replaced with "CSP" 20501 OSP7 FOR CORRECTIONS BUNDLE PAYMENT Y7 $ 147.47 Replaced with "CSP" 20502 OSP7 FOR CORRECTIONS BUNDLE PAYMENT Y8 $ 151.89 Replaced with "CSP" 20503 OSP7 FOR CORRECTIONS BUNDLE PAYMENT Y9 $ 156.45 Replaced with "CSP" 20504 OSP7 FOR CORRECTIONS BUNDLE PAYMENT Y10 $ 161.14 Replaced with "CSP" 20520 OSP7 FOR CORRECTIONS (POST) BUNDLE PAYMENT Y6 $ 367.71 Replaced with "CPSP" 20521 OSP7 FOR CORRECTIONS (POST) BUNDLE PAYMENT Y7 $ 378.74 Replaced with "CPSP" 20522 OSP7 FOR CORRECTIONS (POST) BUNDLE PAYMENT Y8 $ 390.10 Replaced with "CPSP" 20523 OSP7 FOR CORRECTIONS (POST) BUNDLE PAYMENT Y9 $ 401.81 Replaced with "CPSP" 20524 OSP7 FOR CORRECTIONS (POST) BUNDLE PAYMENT Y10 $ 413.86 Replaced with "CPSP" 20532 OSP7 FOR CORRECTIONS 10Y PAYMENT Y1-5 $ 139.00 Replaced with "CSP" 20533 OSP7 FOR CORRECTIONS (POST) 10Y PAYMENT Y1-5 $ 357.00 Replaced with "CPSP" 20560 UNLIMITED + PREMIUM BUNDLE $ - Replaced with "Unlimited7+Premium" 20561 UNLIMITED + PREMIUM PAYMENT $ 199.00 Replaced with "Unlimited7+Premium" DocuSign Envelope ID: 7D3CD827-3FD6-4D12-A6E6-CE55E1B836BDDocuSign Envelope ID: 388C0262-C0A2-4274-B859-E868B9182A90 7 20562 UNLIMITED + PREMIUM 10 YEAR BUNDLE $ - Replaced with "Unlimited7+Premium10yr" 20563 UNLIMITED + PREMIUM PAYMENT Y6 $ 204.97 Replaced with "Unlimited7+Premium10yr" 20564 UNLIMITED + PREMIUM PAYMENT Y7 $ 211.12 Replaced with "Unlimited7+Premium10yr" 20565 UNLIMITED + PREMIUM PAYMENT Y8 $ 217.45 Replaced with "Unlimited7+Premium10yr" 20566 UNLIMITED + PREMIUM PAYMENT Y9 $ 223.98 Replaced with "Unlimited7+Premium10yr" 20567 UNLIMITED + PREMIUM PAYMENT Y10 $ 230.70 Replaced with "Unlimited7+Premium10yr" 20580 AXON CORE + PLAN WITH T7 CERT RENEWAL PAYMENT $ 149.00 Replaced with "Core+Renewal" 20581 AXON CORE PLAN T7 CQ WITH DOCK RENEWAL PAYMENT $ 129.00 Replaced with "CoreRenewal" 20582 AXON CORE + PLAN WITH T7 CERT RENEWAL HEADER $ - Replaced with "Core+Renewal" 20583 AXON CORE PLAN T7 CQ WITH DOCK RENEWAL HEADER $ - Replaced with "CoreRenewal" 20584 AXON CORE + PLAN WITH T7 CERT RENEWAL - 10 YEAR $ - 20585 AXON CORE PLAN T7 CQ WITH DOCK RENEWAL - 10 YEAR $ - 20586 CORE BWC ONLY PAYMENT $ 119.00 Replaced with "CoreBWC" 20587 CORE BWC ONLY RENEWAL PAYMENT $ 109.00 Replaced with "CoreBWCRenewal" 20588 CORE BWC ONLY HEADER $ - Replaced with "CoreBWC" 20589 CORE BWC ONLY RENEWAL HEADER $ - Replaced with "CoreBWCRenewal" 20590 CORE BWC ONLY PAYMENT 6 $ 122.57 Replaced with "CoreBWC10Yr" 20591 CORE BWC ONLY PAYMENT 7 $ 126.25 Replaced with "CoreBWC10Yr" 20592 CORE BWC ONLY PAYMENT 8 $ 130.03 Replaced with "CoreBWC10Yr" 20593 CORE BWC ONLY PAYMENT 9 $ 133.94 Replaced with "CoreBWC10Yr" 20594 CORE BWC ONLY PAYMENT 10 $ 137.95 Replaced with "CoreBWC10Yr" 20595 CORE BWC ONLY RENEWAL HEADER - 10 YEAR $ - Replaced with "CoreBWCRe10Yr" 22014 WARRANTY, 4 YEAR, X2 $ 413.82 Replaced with "80399" 22016 WARRANTY, 1 YEAR EXTENDED, X2 $ 266.48 Replaced with "80399" 22021 WARRANTY, 2 YEAR, X2 $ 325.00 Replaced with "80399" 26763 WARRANTY, 4 YEAR, TASER CAM HD $ 163.80 Replaced with "80388" 26764 REPLACEMENT BATTERY, KIT, TASER CAM HD $ 67.93 EOL 26767 WARRANTY, 3 YEAR, TCHD $ 122.85 Replaced with "80388" 26768 WARRANTY, 3 YEAR, X2 $ 369.41 Replaced with "80399" 26769 WARRANTY, 3 YEAR, X26P $ 271.18 Replaced with "80398" 26814 WARRANTY, 2 YEAR, TCHD $ 98.49 Replaced with "80388" 33506 3 YEAR EXTENDED WARRANTY BODY 2 $ 312.75 Replaced with "80494" 33508 TASER 7 SINGLE BAY DOCK & CORE 1-YEAR EXTENDED WARRANTY $ 32.50 Replaced with "80387" 33509 TASER 7 SINGLE BAY DOCK & CORE 2-YEAR EXTENDED WARRANTY $ 65.00 Replaced with "80387" 33510 WARRANTY, 1 YEAR EXTENDED, FLEX 2 CAMERA $ 156.50 Replaced with "80489" 33511 WARRANTY, 1 YEAR EXTENDED, DOCK FLEX 2, SINGLE BAY AND CORE $ 69.00 Replaced with "80500" 33512 WARRANTY, 1 YEAR EXTENDED, DOCK FLEX 2, 6 BAY AND CORE $ 264.00 Replaced with "80500" 33513 WARRANTY, 1 YEAR EXTENDED, BODY 2 $ 104.50 Replaced with "80494" 33514 WARRANTY, 1 YEAR EXTENDED, DOCK 2 SINGLE BAY AND CORE $ 68.00 Replaced with "80392" 33515 WARRANTY, 1 YEAR EXTENDED, DOCK 2 SIX BAY AND CORE $ 262.00 Replaced with "80499" 33516 WARRANTY, 1 YEAR EXTENDED, TCHD $ 38.25 Replaced with "80388" 33518 3 YEAR EXTENDED WARRANTY DOCK 2 SIX BAY + CORE $ 784.50 Replaced with "80499" 33519 3 YEAR EXTENDED WARRANTY DOCK 2 SINGLE BAY + CORE $ 203.63 Replaced with "80392" DocuSign Envelope ID: 7D3CD827-3FD6-4D12-A6E6-CE55E1B836BDDocuSign Envelope ID: 388C0262-C0A2-4274-B859-E868B9182A90 8 33521 3 YEAR EXTENDED WARRANTY DOCK FLEX 2, 6 BAY + CORE $ 792.00 Replaced with "80500" 33522 3 YEAR EXTENDED WARRANTY DOCK FLEX 2, SINGLE BAY + CORE $ 207.00 Replaced with "80500" 33523 3 YEAR EXTENDED WARRANTY FLEX 2 CAMERA $ 469.50 Replaced with "80489" 33524 4 YEAR EXTENDED WARRANTY DOCK FLEX 2, 6 BAY + CORE $ 1,056.00 Replaced with "80500" 33525 4 YEAR EXTENDED WARRANTY DOCK FLEX 2, SINGLE BAY + CORE $ 276.00 Replaced with "80500" 44727 CERTIFICATION OPERATION REPAIR AND ENHANCEMENT (CORE) PLAN $ 62.50 Replaced with "Core" 50034 INTERVIEW PORTABLE KIT - EXTENDED WARRANTY YEAR 4 AND 5 $ 453.00 Replaced with "50448" 50038 AXON CLIENT SW (EACH CLIENT AND TOUCH PANEL) LICENSE PAYMENT $ 1,500.00 Replaced with "50037" 50040 AXON CLIENT SW (EACH CLIENT AND TOUCH PANEL) MAINT PAYMENT $ 25.00 Replaced with "50039" 50042 AXON STREAMING SERVER LICENSE ACCESS PAYMENT $ 1,750.00 Replaced with "50041" 50044 AXON STREAMING SERVER MAINTENANCE PAYMENT $ 29.17 Replaced with "50043" 50046 INTERVIEW ROOM UNLIMITED EVIDENCE.COM STORAGE PAYMENT $ 99.00 Replaced with "50045" 50050 INTERVIEW ROOM STANDARD EVIDENCE.COM LICENSE YEAR 1 PAYMENT $ 828.00 Replaced with "80504" 50051 INTERVIEW ROOM STANDARD EVIDENCE.COM LICENSE YEAR 2 PAYMENT $ 828.00 Replaced with "80504" 50052 INTERVIEW ROOM STANDARD EVIDENCE.COM LICENSE YEAR 3 PAYMENT $ 828.00 Replaced with "80504" 50053 INTERVIEW ROOM STANDARD EVIDENCE.COM LICENSE YEAR 4 PAYMENT $ 828.00 Replaced with "80504" 50054 INTERVIEW ROOM STANDARD EVIDENCE.COM LICENSE YEAR 5 PAYMENT $ 828.00 Replaced with "80504" 50055 INTERVIEW ROOM UNLIMITED EVIDENCE.COM LICENSE YEAR 1 PAYMENT $ 1,188.00 Replaced with "50045" 50056 INTERVIEW ROOM UNLIMITED EVIDENCE.COM LICENSE YEAR 2 PAYMENT $ 1,188.00 Replaced with "50045" 50057 INTERVIEW ROOM UNLIMITED EVIDENCE.COM LICENSE YEAR 3 PAYMENT $ 1,188.00 Replaced with "50045" 50058 INTERVIEW ROOM UNLIMITED EVIDENCE.COM LICENSE YEAR 4 PAYMENT $ 1,188.00 Replaced with "50045" 50059 INTERVIEW ROOM UNLIMITED EVIDENCE.COM LICENSE YEAR 5 PAYMENT $ 1,188.00 Replaced with "50045" 50074 AXON CLIENT SOFTWARE MAINTENANCE ANNUAL PAYMENT $ 300.00 50083 INTERVIEW ROOM STANDARD EVIDENCE.COM LICENSE 5 YEAR UPFRONT $ 4,140.00 Replaced with "80504" 50084 INTERVIEW ROOM UNLIMITED EVIDENCE.COM LICENSE 5 YEAR UPFRONT $ 5,940.00 Replaced with "50045" 50086 AXON CLIENT SOFTWARE MAINTENANCE 5 YEAR UPFRONT $ 1,500.00 50201 AXON SUPPORT ENGINEER, REGIONAL $ 60,000.00 EOL 50212 AXON COMMANDER, CAMERA LICENSE, TERM $ 120.00 EOL 50302 RESPOND CAD USER LICENSE - DISPATCHER PAYMENT $ 50.00 Replaced with "50300" 50308 RESPOND CAD USER LICENSE PAYMENT $ 50.00 Replaced with "50307" 50309 RESPOND CAD USER LICENSE - PATROL PAYMENT $ 50.00 Replaced with "50306" 50325 RESPOND, LTE SERVICE, AXON INDIA, PAYMENT $ 0.48 Replaced with "50324" 50327 RESPOND+, LTE SERVICE, AXON INDIA, PAYMENT $ 3.36 Replaced with "50326" 50329 RESPOND, SOFTWARE SERVICE, AXON INDIA, PAYMENT $ 4.32 Replaced with "50328" 50331 RESPOND+ SOFTWARE SERVICE, AXON INDIA, PAYMENT $ 14.85 Replaced with "50330" 50449 INTERVIEW ROOM 7 YR EXTENDED WARRANTY $ 2,060.00 Replaced with "50448" 50450 INTERVIEW ROOM BUNDLE - 1 CAMERA, 1 ROOM PAYMENT $ 319.00 Replaced with "IR1CB" 50451 INTERVIEW ROOM BUNDLE - 1 CAMERA, 2 ROOM PAYMENT $ 529.00 Replaced with "IR1CB" 50452 INTERVIEW ROOM BUNDLE - 1 CAMERA, 3 ROOM PAYMENT $ 739.00 Replaced with "IR1CB" 50453 INTERVIEW ROOM BUNDLE - 1 CAMERA, 4 ROOM PAYMENT $ 939.00 Replaced with "IR1CB" 50454 INTERVIEW ROOM BUNDLE - 1 CAMERA, 5 ROOM PAYMENT $ 1,149.00 Replaced with "IR1CB" 50455 INTERVIEW ROOM BUNDLE - 2 CAMERA, 1 ROOM PAYMENT $ 429.00 Replaced with "IR2CB" 50456 INTERVIEW ROOM BUNDLE - 2 CAMERA, 2 ROOM PAYMENT $ 749.00 Replaced with "IR2CB" DocuSign Envelope ID: 7D3CD827-3FD6-4D12-A6E6-CE55E1B836BDDocuSign Envelope ID: 388C0262-C0A2-4274-B859-E868B9182A90 9 50457 INTERVIEW ROOM BUNDLE - 2 CAMERA, 3 ROOM PAYMENT $ 1,059.00 Replaced with "IR2CB" 50458 INTERVIEW ROOM BUNDLE - 2 CAMERA, 4 ROOM PAYMENT $ 1,379.00 Replaced with "IR2CB" 50459 INTERVIEW ROOM BUNDLE - 2 CAMERA, 5 ROOM PAYMENT $ 1,699.00 Replaced with "IR2CB" 50460 INTERVIEW ROOM ADV BUNDLE - 1 CAMERA, 1 ROOM PAYMENT $ 399.00 Replaced with "IR1CA" 50461 INTERVIEW ROOM ADV BUNDLE - 1 CAMERA, 2 ROOM PAYMENT $ 629.00 Replaced with "IR1CA" 50462 INTERVIEW ROOM ADV BUNDLE - 1 CAMERA, 3 ROOM PAYMENT $ 859.00 Replaced with "IR1CA" 50463 INTERVIEW ROOM ADV BUNDLE - 1 CAMERA, 4 ROOM PAYMENT $ 1,079.00 Replaced with "IR1CA" 50464 INTERVIEW ROOM ADV BUNDLE - 1 CAMERA, 5 ROOM PAYMENT $ 1,309.00 Replaced with "IR1CA" 50465 INTERVIEW ROOM ADV BUNDLE - 2 CAMERA, 1 ROOM PAYMENT $ 509.00 Replaced with "IR2CA" 50466 INTERVIEW ROOM ADV BUNDLE - 2 CAMERA, 2 ROOM PAYMENT $ 849.00 Replaced with "IR2CA" 50467 INTERVIEW ROOM ADV BUNDLE - 2 CAMERA, 3 ROOM PAYMENT $ 1,189.00 Replaced with "IR2CA" 50468 INTERVIEW ROOM ADV BUNDLE - 2 CAMERA, 4 ROOM PAYMENT $ 1,519.00 Replaced with "IR2CA" 50469 INTERVIEW ROOM ADV BUNDLE - 2 CAMERA, 5 ROOM PAYMENT $ 1,859.00 Replaced with "IR2CA" 70030 EXTENDED WARRANTY, 2 YEAR,EVIDENCE.COM DOCK, CORE $ 31.40 Replaced with "80380" 70031 EXTENDED WARRANTY, 2 YEAR, EVIDENCE.COM AB2 DOCK, 1-BAY $ 51.75 Replaced with "80392" 70032 EXTENDED WARRANTY, 2 YEAR, EVIDENCE.COM AB2 DOCK, 6-BAY $ 434.00 Replaced with "80499" 70056 4-YEAR EXTENDED WARRANTY DOCK 2 SINGLE BAY + CORE $ 271.50 Replaced with "80392" 70057 4-YEAR EXTENDED WARRANTY DOCK 2 SIX BAY + CORE $ 1,046.00 Replaced with "80499" 73120 AXON 2-CAMERA FLEET SOLUTION $ - EOL 73121 AXON 2-CAMERA FLEET SOLUTION FEE $ 93.00 EOL 73198 AXON BODY 3 ENTERPRISE STARTER PACKAGE UPFRONT PAYMENT $ 3,564.00 73205 AXON BODY 3 - BATTERY $ 39.00 EOL 73245 AXON BODY 3 - 1 YEAR WARRANTY $ 140.00 Replaced with "80496" 73246 AXON BODY 3 - 8 BAY DOCK 1 YEAR WARRANTY $ 250.00 Replaced with "80498" 73247 AXON BODY 3 - 1 BAY DOCK 1 YEAR WARRANTY $ 65.00 Replaced with "80391" 73248 AXON BODY 3 - 4 YEAR WARRANTY $ 560.00 Replaced with "80496" 73249 AXON BODY 3 - 8 BAY DOCK 4 YEAR WARRANTY $ 1,000.00 Replaced with "80498" 73250 AXON BODY 3 - 2 YEAR WARRANTY $ 280.00 Replaced with "80496" 73251 AXON BODY 3 - 8 BAY DOCK 2 YEAR WARRANTY $ 500.00 Replaced with "80498" 73252 AXON BODY 3 - 1 BAY DOCK 2 YEAR WARRANTY $ 130.00 Replaced with "80391" 73265 TRANSFERRED AB3 CAMERA TAP WARRANTY $ - Replaced with "80496" 73266 TRANSFERRED AB3 MULTI-BAY DOCK TAP WARRANTY $ - Replaced with "80498" 73270 2 YEAR AB3 CAMERA TAP REPLACEMENT WARRANTY $ - Replaced with "80496" 73271 2 YEAR AB3 1-BAY DOCK TAP REPLACEMENT WARRANTY $ - Replaced with "80391" 73272 2 YEAR AB3 8-BAY DOCK TAP REPLACEMENT WARRANTY $ - Replaced with "80498" 73273 2.5 YEAR AB3 CAMERA TAP REPLACEMENT WARRANTY $ - Replaced with "80496" 73274 2.5 YEAR AB3 1-BAY DOCK TAP REPLACEMENT WARRANTY $ - Replaced with "80391" 73275 2.5 YEAR AB3 8-BAY DOCK TAP REPLACEMENT WARRANTY $ - Replaced with "80498" 73276 3 YEAR AB3 CAMERA TAP REPLACEMENT WARRANTY $ - Replaced with "80496" 73277 3 YEAR AB3 1-BAY DOCK TAP REPLACEMENT WARRANTY $ - Replaced with "80391" 73278 3 YEAR AB3 8-BAY DOCK TAP REPLACEMENT WARRANTY $ - Replaced with "80498" 73279 3.5 YEAR AB3 CAMERA TAP REPLACEMENT WARRANTY $ - Replaced with "80496" 73280 3.5 YEAR AB3 1-BAY DOCK TAP REPLACEMENT WARRANTY $ - Replaced with "80391" DocuSign Envelope ID: 7D3CD827-3FD6-4D12-A6E6-CE55E1B836BDDocuSign Envelope ID: 388C0262-C0A2-4274-B859-E868B9182A90 10 73281 3.5 YEAR AB3 8-BAY DOCK TAP REPLACEMENT WARRANTY $ - Replaced with "80498" 73282 4 YEAR AB3 CAMERA TAP REPLACEMENT WARRANTY $ - Replaced with "80496" 73283 4 YEAR AB3 1-BAY DOCK TAP REPLACEMENT WARRANTY $ - Replaced with "80391" 73284 4 YEAR AB3 8-BAY DOCK TAP REPLACEMENT WARRANTY $ - Replaced with "80498" 73285 AXON BODY 3 - 1 BAY DOCK 3 YEAR WARRANTY $ 195.00 Replaced with "80391" 73286 AXON BODY 3 - 1 BAY DOCK 4 YEAR WARRANTY $ 260.00 Replaced with "80391" 73287 AXON BODY 3 - 3 YEAR WARRANTY $ 420.00 Replaced with "80496" 73288 AXON BODY 3 - 8 BAY DOCK 3 YEAR WARRANTY $ 750.00 Replaced with "80498" 73289 SINGLE BAY DATAPORT 2 YEAR EXTENDED WARRANTY $ 35.00 Replaced with "80391" 73290 SINGLE BAY DATAPORT 3 YEAR EXTENDED WARRANTY $ 52.50 Replaced with "80391" 73300 5 Year Officer Safety Plan AB3 Camera $ - 73319 1-BAY DOCK AXON CAMERA REFRESH FIVE $ - 73324 MULTI-BAY BWC DOCK 5TH REFRESH $ - 73329 AXON CAMERA REFRESH FIVE $ - 73335 FLEET CAMERA REFRESH (ONE FRONT AND ONE REAR) $ - EOL 73337 UCP X2 ANNUAL CARTRIDGE SHIPMENT $ - EOL 73338 UCP X26P ANNUAL CARTRIDGE SHIPMENT $ - EOL 73341 AXON FLEX CONTROLLER REFRESH ONE $ - 73342 AXON FLEX CONTROLLER REFRESH TWO $ - 73350 BWC HARDWARE FINANCING HEADER $ - Replaced with "BWCamTAP" 73351 BWC HARDWARE FINANCING PAYMENT $ 23.30 Replaced with "BWCamTAP" 73355 TRANSFERRED WARRANTY 1 BAY DATAPORT $ - Replaced with "80381" 73356 TRANSFERRED WARRANTY 6 BAY DATAPORT $ - Replaced with "80390" 73357 TRANSFERRED WARRANTY AB2 1 BAY DOCK $ - Replaced with "80392" 73358 TRANSFERRED WARRANTY AB2 6 BAY DOCK $ - Replaced with "80499" 73359 TRANSFERRED WARRANTY AB2 CAMERA $ - Replaced with "80494" 73360 TRANSFERRED WARRANTY AB3 1 BAY DOCK $ - Replaced with "80391" 73361 TRANSFERRED WARRANTY AB3 8 BAY DOCK $ - Replaced with "80498" 73362 TRANSFERRED WARRANTY AB3 CAMERA $ - Replaced with "80496" 73363 TRANSFERRED WARRANTY CORE $ - Replaced with "80380" 73364 TRANSFERRED WARRANTY FLEX 2 1 BAY DOCK $ - Replaced with "80939" 73365 TRANSFERRED WARRANTY FLEX 2 6 BAY DOCK $ - Replaced with "80500" 73366 TRANSFERRED WARRANTY FLEX 2 CAMERA $ - Replaced with "80489" 73367 TRANSFERRED WARRANTY TASER 7 1 BAY DOCK $ - Replaced with "80381" 73368 TRANSFERRED WARRANTY TASER 7 BATTERY $ - Replaced with "80374" 73369 TRANSFERRED WARRANTY TASER 7 CQ HANDLE $ - Replaced with "80394" 73370 TRANSFERRED WARRANTY TASER 7 6 BAY DOCK $ - Replaced with "80396" 73371 TRANSFERRED WARRANTY TASER 7 HANDLE $ - Replaced with "80395" 73372 TRANSFERRED WARRANTY TCHD $ - Replaced with "80388" 73373 TRANSFERRED WARRANTY X2 HANDLE $ - Replaced with "80399" 73374 TRANSFERRED WARRANTY X26P HANDLE $ - Replaced with "80398" 73375 TRANSFERRED WARRANTY FLEET 2 KIT $ - Replaced with "80397" 73376 TRANSFERRED WARRANTY FLEET 2 FRONT CAMERA SYSTEM $ - Replaced with "80382" DocuSign Envelope ID: 7D3CD827-3FD6-4D12-A6E6-CE55E1B836BDDocuSign Envelope ID: 388C0262-C0A2-4274-B859-E868B9182A90 11 73377 TRANSFERRED WARRANTY FLEET 2 REAR CAMERA SYSTEM $ - Replaced with "80383" 73378 TRANSFERRED WARRANTY FLEET 2 REAR CAMERA CONTROLLER $ - Replaced with "80375" 73379 TRANSFERRED WARRANTY FLEET 2 JUNCTION BOX $ - Replaced with "80372" 73380 TRANSFERRED WARRANTY FLEET WIRELESS MICROPHONE $ - Replaced with "80376" 73381 TRANSFERRED WARRANTY FLEET 2 SIGNAL UNIT $ - Replaced with "80379" 73382 TRANSFERRED WARRANTY FLEET 2 BATTERY SYSTEM $ - Replaced with "80373" 73383 TRANSFERRED WARRANTY, FLEET 3, DUAL-VIEW CAMERA $ - Replaced with "80386" 73384 TRANSFERRED WARRANTY, FLEET 3, INTERIOR CAMERA $ - Replaced with "80385" 73385 TRANSFERRED WARRANTY, FLEET 3, HUB $ - Replaced with "80389" 73386 TRANSFERRED WARRANTY, FLEET 3, WIRELESS MIC $ - Replaced with "80378" 73387 TRANSFERRED WARRANTY, FLEET 3, CHARGING BASE $ - Replaced with "80377" 73388 TRANSFERRED WARRANTY, FLEET 3, WIRELESS MIC KIT $ - Replaced with "80384" 73389 TRANSFERRED WARRANTY, FLEET 3, 2 CAMERA KIT $ - Replaced with "80384" 73419 RESPOND DEVICE LICENSE PLUS UPGRADE PAYMENT $ 14.00 Replaced with "73447" 73448 RESPOND DEVICE TO RESPOND DEVICE PLUS LICENSE PAYMENT $ 16.00 Replaced with "73447" 73479 REDACTION ASSISTANT USER ACCESS PAYMENT $ 9.00 Replaced with "73478" 73619 CITIZEN FOR COMMUNITIES USER ACCESS PAYMENT $ 9.00 Replaced with "73618" 73636 OSP 7+ NON-HARDWARE USER ADD ON PAYMENT $ 49.00 73639 STANDARDS LICENSE PAYMENT $ 9.00 Replaced with "73638" 73665 RESPOND DEVICE PAYMENT $ 5.00 Replaced with "73449' 73666 RESPOND DEVICE PLUS PAYMENT $ 19.00 Replaced with "73680" 73779 CAMERA USER EVIDENCE.COM LICENSE PAYMENT $ 10.00 Replaced with "73778" 73807 OSP STANDARD PAYMENT $ 109.00 Replaced with "OSP7" 73810 2020 - OFFICER SAFETY PLAN 7 $ - Replaced with "OSP7" 73811 2020 - OFFICER SAFETY PLAN 7 PAYMENT $ 159.00 Replaced with "OSP7" 73818 OSP STANDARD BUNDLE $ - Replaced with "OSP7" 73819 OSP STANDARD BUNDLE PAYMENT $ 109.00 Replaced with "OSP7" 73820 2020 - OFFICER SAFETY PLAN 7 PLUS $ - Replaced with "OSP7+" 73821 2020 - OFFICER SAFETY PLAN 7 PLUS PAYMENT $ 229.00 Replaced with "OSP7+" 73822 2020 - OFFICER SAFETY PLAN 7 + TRUE UP PAYMENT: Y1 $ 81.50 Replaced with "73951" 73823 2020 - OFFICER SAFETY PLAN 7 + TRUE UP PAYMENT: Y2 $ 50.75 Replaced with "73952" 73827 AB3 CAMERA TAP WARRANTY $ - Replaced with "80496" 73828 AB3 8 BAY DOCK TAP WARRANTY $ - Replaced with "80498" 73829 AB3 BASIC ENTERPRISE STARTER PKG UPFRONT PAYMENT $ 2,700.00 73830 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE PAYMENT $ 24.00 Replaced with "73686" 73831 10 GB EVIDENCE.COM A-LA-CART STORAGE PAYMENT $ 0.40 Replaced with "73683" 73832 10 GB EVIDENCE.COM ARCHIVAL A-LA-CART STORAGE PAYMENT $ 0.07 Replaced with "73684" 73833 AXON RECORDS FULL PAYMENT $ 29.00 Replaced with "73681" 73834 EVIDENCE.COM VIEWER LICENSE PAYMENT $ 5.00 Replaced with "73687" 73835 AUTO TAGGING LICENSE PAYMENT $ 9.00 Replaced with "73682" 73836 PERFORMANCE LICENSE PAYMENT $ 9.00 Replaced with "73739" 73837 EVIDENCE.COM PROFESSIONAL LICENSE PAYMENT $ 39.00 Replaced with "73746" 73839 PROSECUTOR PROFESSIONAL LICENSE PAYMENT $ 39.00 Replaced with "73838" DocuSign Envelope ID: 7D3CD827-3FD6-4D12-A6E6-CE55E1B836BDDocuSign Envelope ID: 388C0262-C0A2-4274-B859-E868B9182A90 12 73841 EVIDENCE.COM BASIC LICENSE PAYMENT $ 15.00 Replaced with "73840" 73842 UNLIMITED EVIDENCE.COM TAP BUNDLE PAYMENT $ 89.00 73851 ADVANCE DIGITAL EVIDENCE MANAGEMENT ADD-ON PAYMENT $ 15.00 Replaced with "73850" 73853 DIGITAL EVIDENCE MANAGEMENT BUNDLE PAYMENT 101-250 $ 6,094.00 73854 DIGITAL EVIDENCE MANAGEMENT BUNDLE PAYMENT 251-500 $ 11,875.00 73855 DIGITAL EVIDENCE MANAGEMENT BUNDLE PAYMENT 1-100 $ 2,500.00 73857 DIGITAL EVIDENCE MANAGEMENT BUNDLE PAYMENT 501-1000 $ 22,500.00 73858 DIGITAL EVIDENCE MANAGEMENT BUNDLE PAYMENT 1001-5000 $ 106,250.00 73859 DIGITAL EVIDENCE MANAGEMENT BUNDLE PAYMENT 5001-10000 $ 200,000.00 73860 DIGITAL EVIDENCE MANAGEMENT BUNDLE PAYMENT 10001 PLUS $ 350,000.00 73870 DEMS ONLY PROFESSIONAL EVIDENCE.COM ENTERPRISE LICENSE $ - 73871 DEMS ONLY CITIZEN FOR COMMUNITIES LICENSE $ - 73872 DEMS ONLY REDACTION ASSISTANT LICENSE $ - 73873 DEMS ONLY ADVANCE USER MANAGEMENT LICENSES $ - 73874 DEMS ONLY ADV DIGITLAL EVIDENCE MANAGEMENT ADD-ON $ - 73875 DEMS ONLY AUTO TAGGING LICENSE $ - 73880 2020 - OSP TASER CERT PLAN YEAR 6-10 PAYMENT Y6 $ 236.00 Replaced with "T7Cert10Y" 73881 2020 - OSP TASER CERT PLAN YEAR 6-10 PAYMENT Y7 $ 243.00 Replaced with "T7Cert10Y" 73882 2020 - OSP TASER CERT PLAN YEAR 6-10 PAYMENT Y8 $ 250.25 Replaced with "T7Cert10Y" 73883 2020 - OSP TASER CERT PLAN YEAR 6-10 PAYMENT Y9 $ 257.75 Replaced with "T7Cert10Y" 73884 2020 - OSP TASER CERT PLAN YEAR 6-10 PAYMENT Y10 $ 265.50 Replaced with "T7Cert10Y" 73885 2020 - OSP 7 + 10 YEAR BUNDLE $ - Replaced with "OSP7+10Year" 73892 STANDARDS LICENSE, NON-OSP $ - 73924 OSP7 FOR CORRECTIONS (POST) PLAN BUNDLE $ - Replaced with "CPSP" 73925 OSP7 FOR CORRECTIONS (POST) BUNDLE PAYMENT $ 357.00 Replaced with "CPSP" 73927 OSP7 FOR CORRECTIONS PLAN BUNDLE HEADER $ - Replaced with "CSP" 73928 OSP7 FOR CORRECTIONS BUNDLE PAYMENT $ 139.00 Replaced with "CSP" 73930 OSP7 FOR CORRECTIONS (POST) BUNDLE HEADER - 10 YR $ - Replaced with "CPSP" 73931 OSP7 FOR CORRECTIONS PLAN BUNDLE HEADER - 10 YEAR $ - Replaced with "CSP" 73940 OFFICER SAFETY PLAN 7+ PREMIUM BUNDLE $ - Replaced with "OSP7+Premium" 73941 OFFICER SAFETY PLAN 7+ PREMIUM PAYMENT $ 239.00 Replaced with "OSP7+Premium" 73943 OFFICER SAFETY PLAN 7+ PREMIUM 10 YR BUNDLE HEADER $ - Replaced with "OSP7+Premium10Year" 73944 OFFICER SAFETY PLAN 7 + BUNDLE HEADER $ - Replaced with "OSP7+" 73945 OFFICER SAFETY PLAN 7 + 10 YEAR BUNDLE HEADER $ - Replaced with "OSP7+10Year" 73946 OFFICER SAFETY PLAN 7 BUNDLE HEADER $ - Replaced with "OSP7" 73947 OFFICER SAFETY PLAN 7 10 YEAR BUNDLE HEADER $ - Replaced with "OSP710Year" 73948 OSP7 UPGRADE BUNDLE HEADER $ - 73957 OFFICER SAFETY PLAN 7 + PAYMENT $ 209.00 Replaced with "OSP7+" 73958 OFFICER SAFETY PLAN 7 PAYMENT $ 159.00 Replaced with "OSP7" 73959 OFFICER SAFETY PLAN PLUS YEAR 6-10 PAYMENT Y6 $ 215.27 Replaced with "OSP7+10Year" 73960 OFFICER SAFETY PLAN PLUS YEAR 6-10 PAYMENT Y7 $ 221.73 Replaced with "OSP7+10Year" 73961 OFFICER SAFETY PLAN PLUS YEAR 6-10 PAYMENT Y8 $ 228.38 Replaced with "OSP7+10Year" 73962 OFFICER SAFETY PLAN PLUS YEAR 6-10 PAYMENT Y9 $ 235.23 Replaced with "OSP7+10Year" DocuSign Envelope ID: 7D3CD827-3FD6-4D12-A6E6-CE55E1B836BDDocuSign Envelope ID: 388C0262-C0A2-4274-B859-E868B9182A90 13 73963 OFFICER SAFETY PLAN PLUS YEAR 6-10 PAYMENT Y10 $ 242.29 Replaced with "OSP7+10Year" 73964 OFFICER SAFETY PLAN 7+ PREMIUM PAYMENT Y6 $ 246.17 Replaced with "OSP7+Premium10Year" 73965 OFFICER SAFETY PLAN 7+ PREMIUM PAYMENT Y7 $ 253.56 Replaced with "OSP7+Premium10Year" 73966 OFFICER SAFETY PLAN 7+ PREMIUM PAYMENT Y8 $ 261.16 Replaced with "OSP7+Premium10Year" 73967 OFFICER SAFETY PLAN 7+ PREMIUM PAYMENT Y9 $ 269.00 Replaced with "OSP7+Premium10Year" 73968 OFFICER SAFETY PLAN 7+ PREMIUM PAYMENT Y10 $ 277.07 Replaced with "OSP7+Premium10Year" 73990 OFFICER SAFETY PLAN 7 PAYMENT Y6 $ 163.77 Replaced with "OSP710Year" 73991 OFFICER SAFETY PLAN 7 PAYMENT Y7 $ 168.68 Replaced with "OSP710Year" 73992 OFFICER SAFETY PLAN 7 PAYMENT Y8 $ 173.74 Replaced with "OSP710Year" 73993 OFFICER SAFETY PLAN 7 PAYMENT Y9 $ 178.96 Replaced with "OSP710Year" 73994 OFFICER SAFETY PLAN 7 PAYMENT Y10 $ 184.32 Replaced with "OSP710Year" 73995 OFFICER SAFETY PLAN 7 + PREMIUM 10Y PAYMENT Y1-5 $ 239.00 Replaced with "OSP7+Premium10Year" 73996 OFFICER SAFETY PLAN 7 + 10Y PAYMENT Y1-5 $ 209.00 Replaced with "OSP7+10Year" 73997 OFFICER SAFETY PLAN 7 10Y PAYMENT Y1-5 $ 159.00 Replaced with "OSP710Year" 74047 2 YEAR TAP FLEX 2 CONTROLLER REPLACEMENT $ - Replaced with "BWCamTAP" 74048 2.5 YEAR TAP FLEX 2 CONTROLLER REPLACEMENT $ - Replaced with "BWCamTAP" 74049 3 YEAR TAP FLEX 2 CONTROLLER REPLACEMENT $ - Replaced with "BWCamTAP" 74050 3.5 YEAR TAP FLEX 2 CONTROLLER REPLACEMENT $ - Replaced with "BWCamTAP" 74051 4 YEAR TAP FLEX 2 CONTROLLER REPLACEMENT $ - Replaced with "BWCamTAP" 74301 FLOCK SAFETY ALPR CAMERA SYSTEM PAYMENT $ 208.00 Replaced with "74300" 74311 FLOCK CAMERA REFERRAL FEE MONTHLY PAYMENT $ 31.25 Replaced with "74310" 75009 4 YEAR EXTENDED WARRANTY FLEX 2 $ 626.00 Replaced with "80489" 80021 PRO EVIDENCE.COM LICENSE: 5 YEAR $ 2,340.00 Replaced with "73746" 80041 ADV USER MANAGEMENT ADD-ON: 5 YEAR $ 600.00 Replaced with "80503" 80061 API PLATFORM ADD-ON: 5 YEAR $ - 80074 OFFICER SAFETY PLAN STANDARD BWC AND CEW BUNDLE: 5 YEAR $ 6,897.00 Replaced with "OSP7" 80108 5 YEAR OFFICER SAFETY PLAN STANDARD FLEX 2 CAMERA $ - Replaced with "OSP7" 80111 5 YEAR OFFICER SAFETY PLAN STANDARD 6-BAY DOCK AB2 $ - Replaced with "OSP7" 80114 5 YEAR OFFICER SAFETY PLAN STANDARD AXON 1-BAY DOCK $ - Replaced with "OSP7" 80117 FIVE YEAR OFFICER SAFETY PLAN STANDARD FLEX 2 CONTROLLER $ - Replaced with "OSP7" 80118 2 YEAR EXTENDED WARRANTY FLEX 2 CAMERA $ 318.00 Replaced with "80489" 80124 2 YEAR EXTENDED WARRANTY DOCK FLEX 2, SINGLE BAY + CORE $ 138.00 Replaced with "80393" 80125 2 YEAR EXTENDED WARRANTY DOCK FLEX 2, 6 BAY + CORE $ 528.00 Replaced with "80500" 80138 TASER 60 X26P UNLIMITED $ - Replaced with "TASER60-X26PUnlimited" 80173 FLEET 2 TAP PAYMENT: 5 YEAR UPFRONT $ 2,400.00 Replaced with "Fleet2U" 80174 FLEET 2 TAP PAYMENT: YEAR 1 $ 480.00 Replaced with "Fleet2U" 80175 FLEET 2 TAP PAYMENT: YEAR 2 $ 480.00 Replaced with "Fleet2U" 80176 FLEET 2 TAP PAYMENT: YEAR 3 $ 480.00 Replaced with "Fleet2U" 80177 FLEET 2 TAP PAYMENT: YEAR 4 $ 480.00 Replaced with "Fleet2U" 80178 FLEET 2 TAP PAYMENT: YEAR 5 $ 480.00 Replaced with "Fleet2U" 80181 EXTENDED WARRANTY, 4 YEAR, FLEET 2 KIT $ 312.00 Replaced with "80397" 80182 EXTENDED WARRANTY, 4 YEAR, FLEET 2 FRONT CAMERA SYSTEM $ 76.00 Replaced with "80382" 80183 EXTENDED WARRANTY, 4 YEAR, FLEET 2 REAR CAMERA SYSTEM $ 76.00 Replaced with "80383" DocuSign Envelope ID: 7D3CD827-3FD6-4D12-A6E6-CE55E1B836BDDocuSign Envelope ID: 388C0262-C0A2-4274-B859-E868B9182A90 14 80184 EXTENDED WARRANTY, 4 YEAR, FLEET 2 REAR CAMERA CONTROLLER $ 36.00 Replaced with "80375" 80185 EXTENDED WARRANTY, 4 YEAR, FLEET 2 JUNCTION BOX $ 16.00 Replaced with "80372" 80206 FLEET WIRELESS MICROPHONE - 4 YEAR EXTENDED WARRANTY $ 41.80 Replaced with "80376" 80213 FLEET WIRELESS MICROPHONE BUNDLE PAYMENT $ 6.00 80215 FLEET EVIDENCE.COM UNLIMITED STORAGE PAYMENT $ 34.00 Replaced with "80214" 80216 FLEET 2 UNLIMITED 60 PAYMENT $ 99.00 Replaced with "Fleet2U" 80217 FLEET 2 UNLIMITED WITH TAP PAYMENT $ 129.00 Replaced with "Fleet2U" 80219 WI-FI OFFLOAD, SOFTWARE MAINTENANCE PAYMENT $ 50.00 Replaced with "80218" 80222 FLEET EVIDENCE.COM LICENSE PAYMENT $ 29.00 Replaced with "80221" 80224 INACTIVE CHANNEL ACCESS PAYMENT $ 5,000.00 Replaced with "80223" 80226 ACTIVE CHANNEL ACCESS PAYMENT $ 417.00 Replaced with "80225" 80228 RESPOND DEVICE VIEW-ONLY PAYMENT $ - Replaced with "80227" 80270 EXTENDED WARRANTY, 4 YEAR, FLEET 2 SIGNAL UNIT $ 55.80 Replaced with "80379" 80271 EXTENDED WARRANTY, 4 YEAR, FLEET 2 BATTERY SYSTEM $ 20.00 Replaced with "80373" 80276 AXON COMMANDER PRO LICENSE, SMA PAYMENT $ 22.91 Replaced with "80275" 80278 AXON COMMANDER, PRO LICENSE, TERM PAYMENT $ 39.00 Replaced with "80277" 80280 AXON COMMANDER CAMERA LICENSE, SMA PAYMENT $ 7.50 Replaced with "50211" 80282 AXON COMMANDER, CAMERA LICENSE, TERM PAYMENT $ 10.00 Replaced with "80281" 80284 COMMANDER - TASER 7 - TERM LICENSE PAYMENT $ 5.00 Replaced with "80283" 80286 COMMANDER - TASER 7 - PERPETUAL LICENSE SMA PAYMENT $ 87.00 Replaced with "80285" 80291 AXON COMMANDER BASIC LICENSE, TERM PAYMENT $ 15.00 Replaced with "80290" 80292 AXON COMMANDER CAMERA LICENSE, PERPETUAL PAYMENT $ 360.00 Replaced with "80279" 80293 AXON COMMANDER PRO LICENSE PERPETUAL PAYMENT $ 1,100.00 Replaced with "50091" 80295 AXON COMMANDER SERVER PERPETUAL LICENSE PAYMENT $ 2,500.00 Replaced with "80294" 80297 AXON COMMANDER SERVER SMA PAYMENT $ 53.00 Replaced with "80296" 80299 AXON COMMANDER SERVER TERM LICENSE PAYMENT $ 42.00 Replaced with "80298" 80321 PEO ADD-ON PAYMENT $ 9.00 Replaced with "80320" 80323 LIVE STREAMING ADD-ON PAYMENT $ 9.00 Replaced with "80322" 80325 EXTENDED WARRANTY, 1 YEAR, FLEET 2 BATTERY SYSTEM $ 5.00 Replaced with "80373" 80326 EXT WARRANTY, 1 YEAR, FLEET 2 FRONT CAMERA SYSTEM $ 19.00 Replaced with "80382" 80327 EXTENDED WARRANTY, 1 YEAR, FLEET 2 JUNCTION BOX $ 4.00 Replaced with "80372" 80328 EXTENDED WARRANTY, 1 YEAR, FLEET 2 KIT $ 78.00 Replaced with "80397" 80329 EXT WARRANTY, 1 YEAR, FLEET 2 REAR CAM CONTROLLER $ 9.00 Replaced with "80375" 80330 EXT WARRANTY, 1 YEAR, FLEET 2 REAR CAMERA SYSTEM $ 19.00 Replaced with "80383" 80331 EXTENDED WARRANTY, 1 YEAR, FLEET 2 SIGNAL UNIT $ 13.95 Replaced with "80379" 80332 EXTENDED WARRANTY, 1 YEAR,EVIDENCE.COM DOCK, CORE $ 15.70 Replaced with "80380" 80333 EXTENDED WARRANTY, 2 YEAR, FLEET 2 BATTERY SYSTEM $ 10.00 Replaced with "80373" 80334 EXT WARRANTY, 2 YEAR, FLEET 2 FRONT CAMERA SYSTEM $ 38.00 Replaced with "80382" 80335 EXTENDED WARRANTY, 2 YEAR, FLEET 2 JUNCTION BOX $ 8.00 Replaced with "80372" 80336 EXTENDED WARRANTY, 2 YEAR, FLEET 2 KIT $ 156.00 Replaced with "80397" 80337 EXT WARRANTY, 2 YEAR, FLEET 2 REAR CAM CONTROLLER $ 18.00 Replaced with "80375" 80338 EXT WARRANTY, 2 YEAR, FLEET 2 REAR CAMERA SYSTEM $ 38.00 Replaced with "80383" 80339 EXTENDED WARRANTY, 2 YEAR, FLEET 2 SIGNAL UNIT $ 27.90 Replaced with "80379" DocuSign Envelope ID: 7D3CD827-3FD6-4D12-A6E6-CE55E1B836BDDocuSign Envelope ID: 388C0262-C0A2-4274-B859-E868B9182A90 15 80340 EXTENDED WARRANTY, 3 YEAR, FLEET 2 BATTERY SYSTEM $ 15.00 Replaced with "80373" 80341 EXT WARRANTY, 3 YEAR, FLEET 2 FRONT CAMERA SYSTEM $ 57.00 Replaced with "80382" 80342 EXTENDED WARRANTY, 3 YEAR, FLEET 2 JUNCTION BOX $ 12.00 Replaced with "80372" 80343 EXTENDED WARRANTY, 3 YEAR, FLEET 2 KIT $ 234.00 Replaced with "80397" 80344 EXT WARRANTY, 3 YEAR, FLEET 2 REAR CAM CONTROLLER $ 27.00 Replaced with "80375" 80345 EXT WARRANTY, 3 YEAR, FLEET 2 REAR CAMERA SYSTEM $ 57.00 Replaced with "80383" 80346 EXTENDED WARRANTY, 3 YEAR, FLEET 2 SIGNAL UNIT $ 41.85 Replaced with "80379" 80347 EXTENDED WARRANTY, 3 YEAR, EVIDENCE.COM DOCK, CORE $ 47.10 Replaced with "80380" 80348 EXT WARRANTY, 1 YEAR, FLEET WIRELESS MICROPHONE $ 10.45 Replaced with "80376" 80349 EXT WARRANTY, 2 YEAR, FLEET WIRELESS MICROPHONE $ 20.90 Replaced with "80376" 80350 EXT WARRANTY, 3 YEAR, FLEET WIRELESS MICROPHONE $ 31.35 Replaced with "80376" 80351 EXT WARRANTY, FLEET 3, 2 CAMERA KIT, 1 YEAR $ 107.50 Replaced with "80495" 80352 EXT WARRANTY, FLEET 3, 2 CAMERA KIT, 2 YEARS $ 215.00 Replaced with "80495" 80353 EXT WARRANTY, FLEET 3, 2 CAMERA KIT, 3 YEARS $ 322.50 Replaced with "80495" 80354 EXT WARRANTY, FLEET 3, CHARGING BASE, 1 YEAR $ 12.25 Replaced with "80377" 80355 EXT WARRANTY, FLEET 3, CHARGING BASE, 2 YEARS $ 24.50 Replaced with "80377" 80356 EXT WARRANTY, FLEET 3, CHARGING BASE, 3 YEARS $ 36.75 Replaced with "80377" 80357 EXT WARRANTY, FLEET 3, DUAL-VIEW CAMERA, 1 YEAR $ 28.75 Replaced with "80386" 80358 EXT WARRANTY, FLEET 3, DUAL-VIEW CAMERA, 2 YEARS $ 57.50 Replaced with "80386" 80359 EXT WARRANTY, FLEET 3, DUAL-VIEW CAMERA, 3 YEARS $ 86.25 Replaced with "80386" 80360 EXT WARRANTY, FLEET 3, HUB, 1 YEAR $ 53.75 Replaced with "80389" 80361 EXT WARRANTY, FLEET 3, HUB, 2 YEARS $ 107.50 Replaced with "80389" 80362 EXT WARRANTY, FLEET 3, HUB, 3 YEARS $ 161.25 Replaced with "80389" 80363 EXT WARRANTY, FLEET 3, INTERIOR CAMERA, 1 YEAR $ 25.00 Replaced with "80385" 80364 EXT WARRANTY, FLEET 3, INTERIOR CAMERA, 2 YEARS $ 50.00 Replaced with "80385" 80365 EXT WARRANTY, FLEET 3, INTERIOR CAMERA, 3 YEARS $ 75.00 Replaced with "80385" 80366 EXT WARRANTY, FLEET 3, WIRELESS MIC KIT, 1 YEAR $ 24.50 Replaced with "80384" 80367 EXT WARRANTY, FLEET 3, WIRELESS MIC KIT, 2 YEARS $ 49.00 Replaced with "80384" 80368 EXT WARRANTY, FLEET 3, WIRELESS MIC KIT, 3 YEARS $ 73.50 Replaced with "80384" 80369 EXT WARRANTY, FLEET 3, WIRELESS MIC, 1 YEAR $ 12.25 Replaced with "80378" 80370 EXT WARRANTY, FLEET 3, WIRELESS MIC, 2 YEARS $ 24.50 Replaced with "80378" 80371 EXT WARRANTY, FLEET 3, WIRELESS MIC, 3 YEARS $ 36.75 Replaced with "80378" 80420 TAP, FLEET 3, INTERIOR CAMERA, 1 REFRESH ACCESS $ - Replaced with "Fleet3B+TAP" 80421 TAP, FLEET 3, HUB, 1 REFRESH ACCESS $ - Replaced with "Fleet3B+TAP" 80422 TAP, FLEET 3, WIRELESS MIC, 1 REFRESH ACCESS $ - Replaced with "Fleet3B+TAP" 80423 TAP, FLEET 3, CHARGING BASE, 1 REFRESH ACCESS $ - Replaced with "Fleet3B+TAP" 80424 TAP, FLEET 3, WIRELESS MIC KIT, 1 REFRESH ACCESS $ - Replaced with "Fleet3B+TAP" 80425 TAP, FLEET 3, 2 CAMERA KIT, 1 REFRESH ACCESS $ - Replaced with "Fleet3B+TAP" 80426 TAP, FLEET 3, DUAL-VIEW CAMERA 1 REFRESH ACCESS $ - Replaced with "Fleet3B+TAP" 80440 FLEET, EVIDENCE LICENSE 1 CAMERA STORAGE, PAYMENT $ 17.00 Replaced with "80400" 80441 FLEET 3, ALPR LICENSE, 1 CAMERA, PAYMENT $ 49.00 Replaced with "80401" 80442 RESPOND DEVICE LICENSE - FLEET 3 - PAYMENT $ 15.00 Replaced with "80402" 80443 TAP, FLEET 3, DUAL-VIEW CAMERA 1 REFRESH PAYMENT $ 13.00 Replaced with "Fleet3B+TAP" DocuSign Envelope ID: 7D3CD827-3FD6-4D12-A6E6-CE55E1B836BDDocuSign Envelope ID: 388C0262-C0A2-4274-B859-E868B9182A90 16 80444 TAP, FLEET 3, INTERIOR CAMERA, 1 REFRESH PAYMENT $ 11.00 Replaced with "Fleet3B+TAP" 80445 TAP, FLEET 3, HUB, 1 REFRESH PAYMENT $ 24.00 Replaced with "Fleet3B+TAP" 80446 TAP, FLEET 3, WIRELESS MIC, 1 REFRESH PAYMENT $ 5.50 Replaced with "Fleet3B+TAP" 80447 TAP, FLEET 3, CHARGING BASE, 1 REFRESH PAYMENT $ 5.50 Replaced with "Fleet3B+TAP" 80448 TAP, FLEET 3, WIRELESS MIC KIT, 1 REFRESH PAYMENT $ 12.00 Replaced with "Fleet3B+TAP" 80449 TAP, FLEET 3, 2 CAMERA KIT, 1 REFRESH PAYMENT $ 52.50 Replaced with "Fleet3B+TAP" 80457 FLEET 3 BASIC PAYMENT $ 129.00 Replaced with "Fleet3B" 80458 FLEET 3 BASIC WITH TAP PAYMENT $ 169.00 Replaced with "Fleet3B+TAP" 80459 FLEET 3 ADVANCED BUNDLE WITH TAP PAYMENT $ 208.00 Replaced with "Fleet3A" 80463 FLEET, VEHICLE LICENSE, PAYMENT $ 20.00 Replaced with "80400" 80471 FLEET 3 ADVANCED RENEWAL WITH TAP $ - Replaced with "Fleet3ARe" 80472 FLEET 3 RENEWAL WITH TAP $ - Replaced with "Fleet3B+TAPRe" 80473 FLEET 3 RENEWAL $ - Replaced with "Fleet3BRe" 80474 FLEET 3 ADVANCED RENEWAL WITH TAP PAYMENT $ 148.00 Replaced with "Fleet3ARe" 80475 FLEET 3 RENEWAL WITH TAP PAYMENT $ 109.00 Replaced with "Fleet3B+TAPRe" 80476 FLEET 3 RENEWAL PAYMENT $ 69.00 Replaced with "Fleet3B+TAPRe" 80480 EXT WARRANTY, FLEET 3, DUAL-VIEW CAMERA, 4 YEARS $ 115.00 Replaced with "80386" 80481 EXT WARRANTY, FLEET 3, INTERIOR CAMERA, 4 YEARS $ 100.00 Replaced with "80385" 80482 EXT WARRANTY, FLEET 3, HUB, 4 YEARS $ 215.00 Replaced with "80389" 80483 EXT WARRANTY, FLEET 3, WIRELESS MIC, 4 YEARS $ 49.00 Replaced with "80378" 80484 EXT WARRANTY, FLEET 3, CHARGING BASE, 4 YEARS $ 49.00 Replaced with "80377" 80485 EXT WARRANTY, FLEET 3, WIRELESS MIC KIT, 4 YEARS $ 98.00 Replaced with "80384" 80486 EXT WARRANTY, FLEET 3, 2 CAMERA KIT, 4 YEARS $ 430.00 Replaced with "80495" 85035 EVIDENCE.COM STORAGE $ - 85099 EVIDENCE.COM INTEGRATION LICENSE: 5 YEAR $ 900.00 85130 OFFICER SAFETY PLAN STANDARD YEAR 1 PAYMENT $ 1,379.40 Replaced with "OSP7" 85131 OFFICER SAFETY PLAN STANDARD YEAR 2 PAYMENT $ 1,379.40 Replaced with "OSP7" 85132 OFFICER SAFETY PLAN STANDARD YEAR 3 PAYMENT $ 1,379.40 Replaced with "OSP7" 85133 OFFICER SAFETY PLAN STANDARD YEAR 4 PAYMENT $ 1,379.40 Replaced with "OSP7" 85134 OFFICER SAFETY PLAN STANDARD YEAR 5 PAYMENT $ 1,379.40 Replaced with "OSP7" 85135 OFFICER SAFETY PLAN STANDARD FIVE YEAR CONTRACT UPFRONT PAYM $ 6,897.00 Replaced with "OSP7" 85151 5 YEAR OFFICER SAFETY PLAN STANDARD 6-BAY DOCK EVIDENCE.COM $ - Replaced with "OSP7" 85152 5 YEAR OFFICER SAFETY PLAN STANDARD 1-BAY DOCK EVIDENCE.COM $ - Replaced with "OSP7" 85174 TASER 60 X26P $ - Replaced with "TASER60-X26PBasic" 85175 TASER 60 X2 $ - Replaced with "TASER60-X2Basic" 85176 TASER 60 YEAR 1 PAYMENT: X2 BASIC $ 379.34 Replaced with "TASER60-X2Basic" 85177 TASER 60 YEAR 2 PAYMENT: X2 BASIC $ 379.34 Replaced with "TASER60-X2Basic" 85178 TASER 60 YEAR 3 PAYMENT: X2 BASIC $ 379.34 Replaced with "TASER60-X2Basic" 85179 TASER 60 YEAR 4 PAYMENT: X2 BASIC $ 379.34 Replaced with "TASER60-X2Basic" 85180 TASER 60 YEAR 5 PAYMENT: X2 BASIC $ 379.34 Replaced with "TASER60-X2Basic" 85181 TASER 60 YEAR 1 PAYMENT: X26P BASIC $ 319.77 Replaced with "TASER60-X26PBasic" 85182 TASER 60 YEAR 2 PAYMENT: X26P BASIC $ 319.77 Replaced with "TASER60-X26PBasic" 85183 TASER 60 YEAR 3 PAYMENT: X26P BASIC $ 319.77 Replaced with "TASER60-X26PBasic" DocuSign Envelope ID: 7D3CD827-3FD6-4D12-A6E6-CE55E1B836BDDocuSign Envelope ID: 388C0262-C0A2-4274-B859-E868B9182A90 17 85184 TASER 60 YEAR 4 PAYMENT: X26P BASIC $ 319.77 Replaced with "TASER60-X26PBasic" 85185 TASER 60 YEAR 5 PAYMENT: X26P BASIC $ 319.77 Replaced with "TASER60-X26PBasic" 85219 2 YEAR TAP EVIDENCE.COM DOCK CORE REPLACEMENT $ - 85222 2 YEAR TAP EVIDENCE.COM DOCK SINGLE BAY REPLACEMENT $ - 85223 2 YEAR TAP EVIDENCE.COM DOCK 6 BAY REPLACEMENT $ - 85224 2 YEAR TAP 6-BAY DOCK EVIDENCE.COM DOCK REPLACEMENT $ - 85225 2 YEAR TAP 1-BAY DOCK EVIDENCE.COM REPLACEMENT $ - 85226 2 YEAR TAP BODY 2 REPLACEMENT $ - 85227 2 YEAR TAP DOCK 2 SINGLE BAY REPLACEMENT $ - 85228 2 YEAR TAP DOCK 2 SIX BAY REPLACEMENT $ - 85229 2 YEAR TAP DOCK 2 SIX BAY + CORE REPLACEMENT $ - 85230 2 YEAR TAP DOCK 2 SINGLE BAY + CORE REPLACEMENT $ - 85232 2.5 YEAR TAP EVIDENCE.COM DOCK CORE REPLACEMENT $ - 85233 2.5 YEAR TAP EVIDENCE.COM DOCK SINGLE BAY REPLACEMENT $ - 85234 2.5 YEAR TAP EVIDENCE.COM DOCK 6 BAY REPLACEMENT $ - 85240 TASER 60 YEAR 1 PAYMENT: TASERCAM HD $ 175.56 Replaced with "20110" 85241 TASER 60 YEAR 2 PAYMENT: TASERCAM HD $ 175.56 Replaced with "20110" 85242 TASER 60 YEAR 3 PAYMENT: TASERCAM HD $ 175.56 Replaced with "20110" 85243 TASER 60 YEAR 4 PAYMENT: TASERCAM HD $ 175.56 Replaced with "20110" 85244 TASER 60 YEAR 5 PAYMENT: TASERCAM HD $ 175.56 Replaced with "20110" 85250 TASER 60 TASERCAM HD $ - 85251 2.5 YEAR TAP 6-BAY DOCK EVIDENCE.COM DOCK REPLACEMENT $ - 85252 2.5 YEAR TAP 1-BAY DOCK EVIDENCE.COM REPLACEMENT $ - 85253 2.5 YEAR TAP BODY 2 REPLACEMENT $ - 85254 2.5 YEAR TAP DOCK 2 SINGLE BAY REPLACEMENT $ - 85255 2.5 YEAR TAP DOCK 2 SIX BAY REPLACEMENT $ - 85256 2.5 YEAR TAP DOCK 2 SIX BAY + CORE REPLACEMENT $ - 85257 2.5 YEAR TAP DOCK 2 SINGLE BAY + CORE REPLACEMENT $ - 85259 3 YEAR TAP EVIDENCE.COM DOCK CORE REPLACEMENT $ - 85260 3 YEAR TAP EVIDENCE.COM DOCK SINGLE BAY REPLACEMENT $ - 85261 3 YEAR TAP EVIDENCE.COM DOCK 6 BAY REPLACEMENT $ - 85262 3 YEAR TAP 6-BAY DOCK EVIDENCE.COM DOCK REPLACEMENT $ - 85263 3 YEAR TAP 1-BAY DOCK EVIDENCE.COM REPLACEMENT $ - 85264 3 YEAR TAP BODY 2 REPLACEMENT $ - 85265 3 YEAR TAP DOCK 2 SINGLE BAY REPLACEMENT $ - 85266 3 YEAR TAP DOCK 2 SIX BAY REPLACEMENT $ - 85267 3 YEAR TAP DOCK 2 SIX BAY + CORE REPLACEMENT $ - 85268 3 YEAR TAP DOCK 2 SINGLE BAY + CORE REPLACEMENT $ - 85270 3.5 YEAR TAP EVIDENCE.COM DOCK CORE REPLACEMENT $ - 85271 3.5 YEAR TAP EVIDENCE.COM DOCK SINGLE BAY REPLACEMENT $ - 85272 3.5 YEAR TAP EVIDENCE.COM DOCK 6 BAY REPLACEMENT $ - 85273 3.5 YEAR TAP 6-BAY DOCK EVIDENCE.COM DOCK REPLACEMENT $ - 85274 3.5 YEAR TAP 1-BAY DOCK EVIDENCE.COM REPLACEMENT $ - DocuSign Envelope ID: 7D3CD827-3FD6-4D12-A6E6-CE55E1B836BDDocuSign Envelope ID: 388C0262-C0A2-4274-B859-E868B9182A90 18 85275 3.5 YEAR TAP BODY 2 REPLACEMENT $ - 85276 3.5 YEAR TAP DOCK 2 SINGLE BAY REPLACEMENT $ - 85277 3.5 YEAR TAP DOCK 2 SIX BAY REPLACEMENT $ - 85278 3.5 YEAR TAP DOCK 2 SIX BAY + CORE REPLACEMENT $ - 85279 3.5 YEAR TAP DOCK 2 SINGLE BAY + CORE REPLACEMENT $ - 85281 4 YEAR TAP EVIDENCE.COM DOCK CORE REPLACEMENT $ - 85282 4 YEAR TAP EVIDENCE.COM DOCK SINGLE BAY REPLACEMENT $ - 85283 4 YEAR TAP EVIDENCE.COM DOCK 6 BAY REPLACEMENT $ - 85284 4 YEAR TAP 6-BAY DOCK EVIDENCE.COM DOCK REPLACEMENT $ - 85285 4 YEAR TAP 1-BAY DOCK EVIDENCE.COM REPLACEMENT $ - 85286 4 YEAR TECH ASSURANCE PLAN BODY 2 REPLACEMENT $ - 85287 4 YEAR TAP DOCK 2 SINGLE BAY REPLACEMENT $ - 85288 4 YEAR TAP DOCK 2 SIX BAY REPLACEMENT $ - 85289 4 YEAR TAP DOCK 2 SIX BAY + CORE REPLACEMENT $ - 85290 4 YEAR TAP DOCK 2 SINGLE BAY + CORE REPLACEMENT $ - 85535 EVIDENCE.COM STORAGE (GB)-5 YEAR CONTRACT $ 3.75 85700 TASER 60 YEAR 1 PAYMENT: X2 UNLIMITED $ 523.55 Replaced with "TASER60-X2Unlimited" 85701 TASER 60 YEAR 2 PAYMENT: X2 UNLIMITED $ 523.55 Replaced with "TASER60-X2Unlimited" 85702 TASER 60 YEAR 3 PAYMENT: X2 UNLIMITED $ 523.55 Replaced with "TASER60-X2Unlimited" 85703 TASER 60 YEAR 4 PAYMENT: X2 UNLIMITED $ 523.55 Replaced with "TASER60-X2Unlimited" 85704 TASER 60 YEAR 5 PAYMENT: X2 UNLIMITED $ 523.55 Replaced with "TASER60-X2Unlimited" 85705 TASER 60 YEAR 1 PAYMENT: X26P UNLIMITED $ 449.56 Replaced with "TASER60-X26PUnlimited" 85706 TASER 60 YEAR 2 PAYMENT: X26P UNLIMITED $ 449.56 Replaced with "TASER60-X26PUnlimited" 85707 TASER 60 YEAR 3 PAYMENT: X26P UNLIMITED $ 449.56 Replaced with "TASER60-X26PUnlimited" 85708 TASER 60 YEAR 4 PAYMENT: X26P UNLIMITED $ 449.56 Replaced with "TASER60-X26PUnlimited" 85709 TASER 60 YEAR 5 PAYMENT: X26P UNLIMITED $ 449.56 Replaced with "TASER60-X26PUnlimited" 85741 UCP NO PPM STANDARD UNLIMITED $ - 85742 UCP NO PPM SMART UNLIMITED $ - 85761 AUTO-TRANSCRIBE UNLIMITED PAYMENT (LE ONLY) $ 20.00 Replaced with "85760" 85763 AUTO-TRANSCRIBE JUSTICE PAYMENT $ 70.00 Replaced with "85762" 85764 AUTO-TRANSCRIBE 1000 A LA CARTE MINUTES PAYMENT $ 29.17 Replaced with "85759" 86000 EVIDENCE.COM ARCHIVAL ANNUAL STORAGE $ - 86005 EVIDENCE.COM ARCHIVAL STORAGE 5 YEAR $ 1.88 87024 5 YEAR OFFICER SAFETY PLAN STANDARD DOCK 2 SIX BAY + CORE $ - Replaced with "OSP7" 87025 5 YEAR OFFICER SAFETY PLAN STANDARD DOCK 2 SINGLE BAY + CORE $ - Replaced with "OSP7" 87029 2 YEAR EXTENDED WARRANTY BODY 2 $ 209.00 Replaced with "80494" 87030 2 YEAR EXTENDED WARRANTY DOCK 2 SINGLE BAY + CORE $ 135.75 Replaced with "80392" 87031 2 YEAR EXTENDED WARRANTY DOCK 2 SIX BAY + CORE $ 523.00 Replaced with "80499" 87034 5 YEAR OFFICER SAFETY PLAN STANDARD BODY 2 $ - Replaced with "OSP7" 87040 4 YEAR EXTENDED WARRANTY BODY 2 $ 417.00 Replaced with "80494" 89426 AXON EVIDENCE PRO LICENSE ENTERPRISE PAYMENT 1-1000 USERS $ 56,700.00 Replaced by "Pro+Enterprise" 87051 FLEET VIEW XL LICENSE PAYMENT $ 29.00 Replaced with "87050" 87052 TECH ASSURANCE PLAN 1-BAY BODY 2 DOCK WARRANTY $ - Replaced with "80392" DocuSign Envelope ID: 7D3CD827-3FD6-4D12-A6E6-CE55E1B836BDDocuSign Envelope ID: 388C0262-C0A2-4274-B859-E868B9182A90 19 87053 TECH ASSURANCE PLAN 1-BAY BODY 2 DOCK PAYMENT $ 3.25 Replaced with "BWCamSBDTAP" 87054 TECH ASSURANCE PLAN 6-BAY BODY 2 DOCK WARRANTY $ - Replaced with "80499" 87055 TECH ASSURANCE PLAN 6-BAY BODY 2 DOCK PAYMENT $ 29.50 Replaced with "BWCamMBDTAP" 87056 TECH ASSURANCE PLAN 1-BAY FLEX 2 DOCK WARRANTY $ - Replaced with "80393" 87057 TECH ASSURANCE PLAN 1-BAY FLEX 2 DOCK PAYMENT $ 3.25 Replaced with "BWCamSBDTAP" 87058 TECH ASSURANCE PLAN 6-BAY FLEX 2 DOCK WARRANTY $ - Replaced with "80500" 87059 TECH ASSURANCE PLAN 6-BAY FLEX 2 DOCK PAYMENT $ 29.50 Replaced with "BWCamMBDTAP" 87060 TECH ASSURANCE PLAN 1-BAY BODY 3 DOCK WARRANTY $ - Replaced with "80391" 87061 TECH ASSURANCE PLAN 1-BAY BODY 3 DOCK PAYMENT $ 9.50 Replaced with "BWCamSBDTAP" 87062 TECH ASSURANCE PLAN 8-BAY BODY 3 DOCK PAYMENT $ 29.50 Replaced with "BWCamMBDTAP" 87063 TECH ASSURANCE PLAN BODY 3 CAMERA PAYMENT $ 28.00 Replaced with "BWCamTAP" 87064 TECH ASSURANCE PLAN BODY 2 CAMERA WARRANTY $ - Replaced with "80494" 87065 TECH ASSURANCE PLAN BODY 2 CAMERA PAYMENT $ 21.00 Replaced with "BWCamTAP" 87066 TECH ASSURANCE PLAN FLEX 2 CAMERA WARRANTY $ - Replaced with "80489" 87067 TECH ASSURANCE PLAN FLEX 2 CONTROLLER WARRANTY $ - Replaced with "80489" 87068 TECH ASSURANCE PLAN FLEX 2 CAMERA AND CONTROLLER PAYMENT $ 30.50 Replaced with "BWCamTAP" 87069 TECH ASSURANCE PLAN FLEET 2 KIT WARRANTY $ - Replaced with "80397" 87070 TECH ASSURANCE PLAN FLEET 2 KIT WARRANTY PAYMENT $ 40.00 20398 FULL VR TRAINING ENTERPRISE (5,000+) LICENSE $ - Replacing "20399" 88118 UCP STANDARD UPFRONT PAYMENT $ 940.50 Replaced with "88114" 88119 UCP SMART UPFRONT PAYMENT $ 1,065.90 Replaced with "88115" 88130 UCP STANDARD - YEAR 1 PAYMENT $ 188.10 Replaced with "88114" 88131 UCP STANDARD - YEAR 2 PAYMENT $ 188.10 Replaced with "88114" 88132 UCP STANDARD - YEAR 3 PAYMENT $ 188.10 Replaced with "88114" 88133 UCP STANDARD - YEAR 4 PAYMENT $ 188.10 Replaced with "88114" 88134 UCP STANDARD - YEAR 5 PAYMENT $ 188.10 Replaced with "88114" 88135 UCP SMART - YEAR 1 PAYMENT $ 213.18 Replaced with "88115" 88136 UCP SMART - YEAR 2 PAYMENT $ 213.18 Replaced with "88115" 88137 UCP SMART - YEAR 3 PAYMENT $ 213.18 Replaced with "88115" 88138 UCP SMART - YEAR 4 PAYMENT $ 213.18 Replaced with "88115" 88139 UCP SMART - YEAR 5 PAYMENT $ 213.18 Replaced with "88115" 89420 AXON EVIDENCE PRO LICENSE ENTERPRISE 1-1000 USERS $ - Replaced by "Pro+Enterprise" 89421 AXON EVIDENCE PRO LICENSE ENTERPRISE 1001 - 5,000 USERS $ - Replaced by "Pro+Enterprise" 89422 AXON EVIDENCE PRO LICENSE ENTERPRISE 5,001 - 10,000 USERS $ - Replaced by "Pro+Enterprise" 89423 AXON EVIDENCE PRO LICENSE ENTERPRISE 10,001 - 20,000 USERS $ - Replaced by "Pro+Enterprise" 89424 AXON EVIDENCE PRO LICENSE ENTERPRISE 20,001 - 50,000 USERS $ - Replaced by "Pro+Enterprise" 89425 AXON EVIDENCE PRO LICENSE ENTERPRISE 50,001+ USERS $ - Replaced by "Pro+Enterprise" 89427 AXON EVIDENCE PRO LICENSE ENTERPRISE PAYMENT 1001 - 5,000 US $ 176,400.00 Replaced by "Pro+Enterprise" 89428 AXON EVIDENCE PRO LICENSE ENTERPRISE PAYMENT 5,001 - 10,000 $ 330,750.00 Replaced by "Pro+Enterprise" 89429 AXON EVIDENCE PRO LICENSE ENTERPRISE PAYMENT 10,001 - 20,000 $ 567,000.00 Replaced by "Pro+Enterprise" 89430 AXON EVIDENCE PRO LICENSE ENTERPRISE PAYMENT 20,001 - 50,000 $ 945,000.00 Replaced by "Pro+Enterprise" 89431 AXON EVIDENCE PRO LICENSE ENTERPRISE PAYMENT 50,001+ USERS $ 1,559,250.00 Replaced by "Pro+Enterprise" 73390 TRANSFERRED WARRANTY, CRADLEPOINT ROUTER $ - EOL DocuSign Envelope ID: 7D3CD827-3FD6-4D12-A6E6-CE55E1B836BDDocuSign Envelope ID: 388C0262-C0A2-4274-B859-E868B9182A90 20 89432 AXON EVIDENCE PRO PLUS LICENSE ENTERPRISE 1-1000 USERS $ - Replaced by "Pro+Enterprise" 89433 AXON EVIDENCE PRO PLUS LICENSE ENTERPRISE 1001 - 5,000 USERS $ - Replaced by "Pro+Enterprise" 89434 AXON EVIDENCE PRO PLUS LICENSE ENTERPRISE 5,001 - 10,000 USE $ - Replaced by "Pro+Enterprise" 89435 AXON EVIDENCE PRO PLUS LICENSE ENTERPRISE 10,001 - 20,000 US $ - Replaced by "Pro+Enterprise" 89436 AXON EVIDENCE PRO PLUS LICENSE ENTERPRISE 20,001 - 50,000 US $ - Replaced by "Pro+Enterprise" 89437 AXON EVIDENCE PRO PLUS LICENSE ENTERPRISE 50,001+ USERS $ - Replaced by "Pro+Enterprise" 89438 AXON EVIDENCE PRO PLUS LICENSE ENTERPRISE PAYMENT 1-1000 USE $ 79,050.00 Replaced by "Pro+Enterprise" 89439 AXON EVIDENCE PRO PLUS LICENSE ENTERPRISE PAYMENT 1001 - 5,0 $ 244,125.00 Replaced by "Pro+Enterprise" 89440 AXON EVIDENCE PRO PLUS LICENSE ENTERPRISE PAYMENT 5,001 - 10 $ 453,375.00 Replaced by "Pro+Enterprise" 89441 AXON EVIDENCE PRO PLUS LICENSE ENTERPRISE PAYMENT 10,001 - 2 $ 767,250.00 Replaced by "Pro+Enterprise" 89442 AXON EVIDENCE PRO PLUS LICENSE ENTERPRISE PAYMENT 20,001 - 5 $ 1,255,500.00 Replaced by "Pro+Enterprise" 89443 AXON EVIDENCE PRO PLUS LICENSE ENTERPRISE PAYMENT 50,001+ US $ 2,071,575.00 Replaced by "Pro+Enterprise" Safety Glasses Safety Glasses $ 5.49 New SKUs Product Code Product Name List Price Notes 11604 FLEX 2 CONTROLLER, UK $ 262.04 11607 CABLE, COILED, STRAIGHT TO RIGHT ANGLE, 32 IN, FLEX 2, UK $ 9.96 11608 CABLE, STRAIGHT, FEMALE TO RIGHT ANGLE, 16 IN, FLEX 2, UK $ 9.96 11709 PATCH MOUNT, AXON RAPIDLOCK $ 29.95 12012 AXON AIR, SKYDIO S2 BATTERY $ 115.00 12013 AXON AIR, SKYDIO S2 DUAL CHARGER $ 149.00 12014 AXON AIR, M300 SERIES-DJI SMART CONTROLLER ENT $1,250.00 12015 AXON AIR, DRONESENSE IN-PERSON TRAINING $2,500.00 12016 AXON AIR, DPGS NIGHT OPS COURSE - TRAINING $ 99.00 12017 AXON AIR, SKYDIO 3D SCAN ONLINE OPERATOR TRAINING $ 200.00 12018 AXON AIR, TRAINING - ONLINE: X2E+AXON AIR,MS,LS $ 300.00 12019 AXON AIR, TRAINING - ONLINE: X2E+AXON AIR,MS,LS,3D $ 400.00 12020 AXON AIR, TRAINING - IN-PERSON X2E+ALL SW,LMS+2DAY $5,680.00 12021 AXON AIR, VIRTUAL TRAINING $ 500.00 12022 AXON AIR, CLASS 1 UAS LICENSE $ 167.00 12023 AXON AIR, CLASS 2 UAS LICENSE $ 279.00 12024 AXON AIR, DRONESENSE MOBILE STREAMING LICENSE $ 199.00 12025 AXON AIR, DRONESENSE TILE PROCESSING DATA LICENSE $ 199.00 12026 AXON AIR, SOFTWARE BUNDLE S2: AEF+3D SCAN $3,749.00 12027 AXON AIR, SOFTWARE BUNDLE X2: AEF+3D SCAN $5,199.00 12028 AXON AIR, EVIDENCE.COM LIC PRO ACCESS $ 39.00 12029 AXON AIR, EVIDENCE.COM LIC BASIC ACCESS $ 15.00 20064 Taser 7 Safety Clip $ 8.29 20105 TASER 7 TRADE-IN OSP $ - *Bundle component, not for individual sale 20107 TASER 7 TRADE-IN TASER 60 UNLIMITED $ - *Bundle component, not for individual sale 20109 TASER 7 TRADE-IN TASER 60 UNLIMITED TAP $ - *Bundle component, not for individual sale DocuSign Envelope ID: 7D3CD827-3FD6-4D12-A6E6-CE55E1B836BDDocuSign Envelope ID: 388C0262-C0A2-4274-B859-E868B9182A90 21 20110 TASER 7 TRADE-IN TASER 60 TCAM BASIC TAP $ - *Bundle component, not for individual sale 20111 TASER 7 TRADE-IN TASER 60 TCAM UNLIMITED TAP $ - *Bundle component, not for individual sale 20148 TASER 7 TRADE-IN CEW TAP $ - *Bundle component, not for individual sale 20149 TASER 7 TRADE-IN TCAM TAP $ - *Bundle component, not for individual sale 20156 TASER 7 TRADE-IN TASER 60 PREMIUM $ - *Bundle component, not for individual sale 22018 GRIP, CEW, HOGUE, PACKAGED $ 20.73 73200 AXON BODY 3 - NA01 $ 699.00 73206 AXON BODY 3 - EU07 - YLW ACCENTS - KLICKFAST $ 699.00 73209 AXON BODY 3 - NA10 - CANADA $ 699.00 73225 AXON BODY 3 - FUNCTIONAL TRAINING CAMERA $ 699.00 74029 AXON BODY 2 CAMERA ASSEMBLY, 5GHZ WIFI DISABLED $ 522.00 74202 TASER 7 SINGLE BAY BATTERY DATAPORT $ 349.00 80372 EXT WARRANTY, FLEET 2 JUNCTION BOX $ 0.33 80373 EXT WARRANTY, FLEET 2 BATTERY SYSTEM $ 0.38 80374 EXT WARRANTY, TASER 7 BATTERY PACK $ 0.42 80375 EXT WARRANTY, FLEET 2 REAR CAMERA CONTROLLER $ 0.75 80376 EXT WARRANTY, FLEET 2, WIRELESS MIC $ 0.87 80377 EXT WARRANTY, FLEET 3, CHARGING BASE $ 1.02 80378 EXT WARRANTY, FLEET 3, WIRELESS MIC $ 1.02 80379 EXT WARRANTY, FLEET 2 SIGNAL UNIT $ 1.16 80380 EXT WARRANTY, DOCK CORE $ 1.31 80381 EXT WARRANTY, TASER 7 SINGLE BAY DATAPORT $ 1.46 80382 EXT WARRANTY, FLEET 2 FRONT CAMERA SYSTEM $ 1.58 80383 EXT WARRANTY, FLEET 2 REAR CAMERA SYSTEM $ 1.58 80384 EXT WARRANTY, FLEET 3, WIRELESS MIC KIT $ 2.04 80385 EXT WARRANTY, FLEET 3, INTERIOR CAMERA $ 2.08 80386 EXT WARRANTY, FLEET 3, DUAL-VIEW CAMERA $ 2.40 80387 EXT WARRANTY, TASER 7 SINGLE BAY DOCK $ 2.71 80388 EXT WARRANTY, TASER CAM TCHD $ 3.41 80389 EXT WARRANTY, FLEET 3, HUB $ 4.48 80390 EXT WARRANTY, TASER 7 SIX BAY BATTERY DATAPORT $ 5.00 80391 EXT WARRANTY, BODY 3 SINGLE BAY DOCK $ 5.42 80392 EXT WARRANTY,BODY 2 SINGLE BAY AND CORE DOCK $ 5.66 80393 EXT WARRANTY, FLEX 2 SINGLE BAY AND CORE DOCK $ 5.75 80394 EXT WARRANTY, TASER 7 CQ HANDLE $ 6.04 80395 EXT WARRANTY, TASER 7 HANDLE $ 6.25 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK $ 6.25 80397 EXT WARRANTY, FLEET 2 KIT $ 6.50 80398 EXT WARRANTY, X26P HANDLE $ 7.53 80399 EXT WARRANTY, X2 HANDLE $ 8.62 80489 EXT WARRANTY, FLEX 2 CAMERA $ 13.04 80494 EXT WARRANTY, BODY 2 CAMERA $ 8.69 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT $ 8.96 DocuSign Envelope ID: 7D3CD827-3FD6-4D12-A6E6-CE55E1B836BDDocuSign Envelope ID: 388C0262-C0A2-4274-B859-E868B9182A90 22 80496 EXT WARRANTY, BODY 3 CAMERA $ 11.67 80498 EXT WARRANTY, BODY 3 EIGHT BAY DOCK $ 20.83 80499 EXT WARRANTY,BODY 2 SIX BAY AND CORE DOCK $ 21.79 80500 EXT WARRANTY, FLEX 2 SIX BAY AND CORE DOCK $ 22.00 80501 X2 ONLINE TRAINING CONTENT LICENSE $ 2.50 80502 X26P ONLINE TRAINING CONTENT LICENSE $ 8.69 80503 ADV USER MANAGEMENT ADD-ON $ 8.96 80504 INTERVIEW ROOM STANDARD EVIDENCE.COM LICENSE $ 69.00 80505 AXON SUPPORT ENGINEER, REGIONAL $5,000.00 80506 WIRE TRANSFER FEE $ - *Bundle component, not for individual sale 80507 SHIPPING FEE $ - *Bundle component, not for individual sale 85765 ATTORNEY ADVANCED ENTERPRISE BUNDLE PAYMENT $ 99.00 85766 ATTORNEY PREMIER ENTERPRISE BUNDLE PAYMENT $ 150.00 85767 DISCOVERY MODULE ACCESS SERVICE $ - *Bundle component, not for individual sale AB21B AB2 1-Bay Dock Bundle $ - *Bundle component, not for individual sale AB2C AB2 Camera Bundle $ - *Bundle component, not for individual sale AB2MuB AB2 Multi-Bay Dock Bundle $ - *Bundle component, not for individual sale AB31BD AB3 1-Bay Dock Bundle $ - *Bundle component, not for individual sale AB3C AB3 Camera Bundle $ - *Bundle component, not for individual sale AB3MBD AB3 Multi Bay Dock Bundle $ - *Bundle component, not for individual sale BasicLicense Basic License Bundle $ - *Bundle component, not for individual sale BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle $ - *Bundle component, not for individual sale BWCamMBDTAP10Year Body Worn Camera Multi-Bay Dock TAP 10 Year Bundle $ - *Bundle component, not for individual sale BWCamSBDTAP Body Worn Camera Single-Bay Dock TAP Bundle $ - *Bundle component, not for individual sale BWCamSBDTAP10Yr Body Worn Camera Single-Bay Dock TAP 10 Year Bundle $ - *Bundle component, not for individual sale BWCamTAP Body Worn Camera TAP Bundle $ - *Bundle component, not for individual sale BWCamTAP10Yr Body Worn Camera TAP 10 Year Bundle $ - *Bundle component, not for individual sale BWCUwTAP BWC Unlimited with TAP $ - *Bundle component, not for individual sale Core 2021 Core $ - *Bundle component, not for individual sale Core 10 year 2021 Core 10 Year $ - *Bundle component, not for individual sale Core+ 2021 Core+ $ - *Bundle component, not for individual sale Core+10 2021 Core+ 10 Year $ - *Bundle component, not for individual sale Core+Renewal 2021 Core+ Renewal $ - *Bundle component, not for individual sale Core+Renewal10Year 2021 Core+ Renewal 10 Year $ - *Bundle component, not for individual sale CoreBWC 2021 Core BWC $ - *Bundle component, not for individual sale CoreBWC10Yr 2021 Core BWC 10 Year $ - *Bundle component, not for individual sale CoreBWCRe10Yr 2021 Core BWC Renewal 10 Year $ - *Bundle component, not for individual sale CoreBWCRenewal 2021 Core BWC Renewal $ - *Bundle component, not for individual sale CoreRenewal 2021 Core Renewal $ - *Bundle component, not for individual sale CoreRenewal10Year 2021 Core Renewal 10 Year $ - *Bundle component, not for individual sale CPSP 2021 CPSP $ - *Bundle component, not for individual sale CPSPRenewal 2021 CPSP Renewal $ - *Bundle component, not for individual sale CSP 2021 CSP $ - *Bundle component, not for individual sale DocuSign Envelope ID: 7D3CD827-3FD6-4D12-A6E6-CE55E1B836BDDocuSign Envelope ID: 388C0262-C0A2-4274-B859-E868B9182A90 23 CSPRenewal 2021 CSP Renewal $ - *Bundle component, not for individual sale Dynamic2 Dynamic Bundle2 $ - *Bundle component, not for individual sale DynamicBundle Dynamic Bundle $ - *Bundle component, not for individual sale E.comSuperUsuario E.com Super Usuario $ - *Bundle component, not for individual sale E.comUsuario E.com Usuario $ - *Bundle component, not for individual sale E.comUsuarioIlimitado E.com Usuario Ilimitado $ - *Bundle component, not for individual sale Fleet2-TAP Fleet 2 Without TAP $ - *Bundle component, not for individual sale Fleet2U Fleet 2 Unlimited $ - *Bundle component, not for individual sale Fleet3A Fleet 3 Advanced $ - *Bundle component, not for individual sale Fleet3ARe Fleet 3 Advanced Renewal $ - *Bundle component, not for individual sale Fleet3B FLEET 3 BASIC $ - *Bundle component, not for individual sale Fleet3B+TAP Fleet 3 Basic + TAP $ - *Bundle component, not for individual sale Fleet3B+TAPRe Fleet 3 Basic + TAP Renewal $ - *Bundle component, not for individual sale Fleet3BRe Fleet 3 Basic Renewal $ - *Bundle component, not for individual sale Flex2C Flex 2 Camera Bundle $ - *Bundle component, not for individual sale Flex2MBD Flex 2 Multi-Bay Dock Bundle $ - *Bundle component, not for individual sale Flex2SBD Flex 2 Single-Bay Dock Bundle $ - *Bundle component, not for individual sale IR1CA Interview Room 1 Camera Advanced $ - *Bundle component, not for individual sale IR1CB Interview Room 1 Camera Basic $ - *Bundle component, not for individual sale IR2CA Interview Room 2 Camera Advanced $ - *Bundle component, not for individual sale IR2CB Interview Room 2 Camera Basic $ - *Bundle component, not for individual sale OSP7 2021 - OFFICER SAFETY PLAN 7 $ - *Bundle component, not for individual sale OSP7+ 2021 - OFFICER SAFETY PLAN 7 PLUS $ - *Bundle component, not for individual sale OSP7+10Year 2021 - OFFICER SAFETY PLAN 7 PLUS 10 Year $ - *Bundle component, not for individual sale OSP7+Premium 2021 - OFFICER SAFETY PLAN 7 PLUS Premium $ - *Bundle component, not for individual sale OSP7+Premium10Year 2021 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year $ - *Bundle component, not for individual sale OSP710Year 2021 - OFFICER SAFETY PLAN 7 10 Year $ - *Bundle component, not for individual sale OSPX2 OSP X2 $ - *Bundle component, not for individual sale OSPX26P OSP X26P $ - *Bundle component, not for individual sale Pro+ Pro+ Bundle $ - *Bundle component, not for individual sale Pro+Enterprise Pro + Enterprise $ - *Bundle component, not for individual sale ProEnterprise Pro Enterprise $ - *Bundle component, not for individual sale ProLicense Pro License Bundle $ - *Bundle component, not for individual sale PSPFleet2 PSP Fleet 2 Bundle $ - *Bundle component, not for individual sale PSPFleet3 PSP Fleet 3 Bundle $ - *Bundle component, not for individual sale T7AO 2021 T7 Cert Add-On (Shared Handles) $ - *Bundle component, not for individual sale T7Basic 2021 Taser 7 Basic Bundle $ - *Bundle component, not for individual sale T7Basic2Cert 2021 T7 Basic to T7 Cert Upgrade $ - *Bundle component, not for individual sale T7Cert 2021 Taser 7 Certification Bundle $ - *Bundle component, not for individual sale T7Cert10Y 2021 Taser 7 Certification 10 Year Bundle $ - *Bundle component, not for individual sale T7CertVR 2021 Taser 7 Cert Bundle W/ VR $ - *Bundle component, not for individual sale T7CertVR10Yr 2021 Taser 7 Cert Bundle W/ VR 10 Year $ - *Bundle component, not for individual sale T7CQB 2021 T7 CQ Basic $ - *Bundle component, not for individual sale DocuSign Envelope ID: 7D3CD827-3FD6-4D12-A6E6-CE55E1B836BDDocuSign Envelope ID: 388C0262-C0A2-4274-B859-E868B9182A90 24 T7CQBudget 2021 T7CQ Budget $ - *Bundle component, not for individual sale T7CQD10 2021 T7CQ Dock 10 Year $ - *Bundle component, not for individual sale T7CQDAO 2021 T7 CQ Dock Add-On (Shared Handles) $ - *Bundle component, not for individual sale T7CQDock 2021 T7CQ Dock $ - *Bundle component, not for individual sale TASER60-X26PBasic 2021 TASER 60 - X26P Basic $ - *Bundle component, not for individual sale TASER60-X26PUnlimited 2021 TASER 60 - X26P Unlimited $ - *Bundle component, not for individual sale TASER60-X2Basic 2021 TASER 60 - X2 Basic $ - *Bundle component, not for individual sale TASER60-X2Unlimited 2021 TASER 60 - X2 Unlimited $ - *Bundle component, not for individual sale UCPSmartX2 UCP Smart (X2) $ - *Bundle component, not for individual sale UCPStandardX26P UCP Standard (X26P) $ - *Bundle component, not for individual sale Unlimited7 2021 Unlimited Bundle $ - *Bundle component, not for individual sale Unlimited7+ 2021 Unlimited Plus Bundle $ - *Bundle component, not for individual sale Unlimited7+10yr 2021 Unlimited7+ 10 Year Bundle $ - *Bundle component, not for individual sale Unlimited7+Premium 2021 Unlimited Plus Premium Bundle $ - *Bundle component, not for individual sale Unlimited7+Premium10yr 2021 Unlimited7+ Premium 10 Year Bundle $ - *Bundle component, not for individual sale Unlimited710Yr 2021 Unlimited 7 10 Year Bundle $ - *Bundle component, not for individual sale VRCK VR Controller Kit $ - *Bundle component, not for individual sale Conversion to Standalone from Bundle Product Code Product Name Latest Price Notes 11642 THIRD-PARTY VIDEO SUPPORT LICENSE $ 9.00 Previously part of a bundle 11704 JACKET MOUNT, AXON RAPIDLOCK $ 31.30 Previously part of a bundle 11705 SLIM MOUNT, AXON RAPIDLOCK $ 31.30 Previously part of a bundle 11706 LOOP LOCK MOUNT, AXON RAPIDLOCK $ 31.30 Previously part of a bundle 12338 AXON AIR EVIDENCE.COM LICENSE $ 100.00 Previously part of a bundle 12344 AXON AIR, LICENSE FOTOKITE SIGMA 1 ACCESS $ 166.58 Previously part of a bundle 20133 IN-HOUSE INSTRUCTOR COURSE ONLINE MATERIAL $ 30.00 Previously part of a bundle 20242 TASER CERTIFICATION PROGRAM YEAR 6-10 ACCESS $ 3,009.60 Previously part of a bundle 20246 TASER 7 DUTY CARTRIDGE REPLACEMENT ACCESS LICENSE $ 2.50 Previously part of a bundle 20247 TASER 7 ONLINE TRAINING CONTENT ACCESS LICENSE $ 2.50 Previously part of a bundle 20248 TASER 7 EVIDENCE.COM ACCESS LICENSE $ 5.00 Previously part of a bundle 20281 TASER 7 CQ DOCK YEAR 6-10 ACCESS $ 3,092.95 Previously part of a bundle 20350 COMMUNITY ENGAGEMENT TRAINING VR (1 - 20) LICENSE $ 55.00 Previously part of a bundle 20352 COMMUNITY ENGAGEMENT TRAINING VR (21 - 50) LICENSE $ 180.00 Previously part of a bundle 20354 COMMUNITY ENGAGEMENT TRAINING VR (51-100) LICENSE $ 380.00 Previously part of a bundle 20356 COMMUNITY ENGAGEMENT TRAINING VR (101-150) LICENSE $ 614.00 Previously part of a bundle 20358 COMMUNITY ENGAGEMENT TRAINING VR (151-250) LICENSE $ 980.00 Previously part of a bundle 20360 COMMUNITY ENGAGEMENT TRAINING VR (251-500) LICENSE $ 1,781.00 Previously part of a bundle 20362 COMMUNITY ENGAGEMENT TRAINING VR 501-1000 LICENSE $ 3,380.00 Previously part of a bundle 20364 COMMUNITY ENGAGEMENT TRAINING VR 1001-1500 LICENSE $ 5,317.00 Previously part of a bundle 20366 COMMUNITY ENGAGEMENT TRAINING VR 1501-5000 LICENSE $ 13,200.00 Previously part of a bundle 20370 FULL VR TASER 7 ADD-ON USER ACCESS $ 12.50 Previously part of a bundle 20371 FULL VR TASER 7 CERT UPGRADE USER ACCESS $ 10.00 Previously part of a bundle DocuSign Envelope ID: 7D3CD827-3FD6-4D12-A6E6-CE55E1B836BDDocuSign Envelope ID: 388C0262-C0A2-4274-B859-E868B9182A90 25 20380 FULL VR TRAINING ENTERPRISE (1 - 20) LICENSE $ 165.00 Previously part of a bundle 20382 FULL VR TRAINING ENTERPRISE (21 - 50) LICENSE $ 540.00 Previously part of a bundle 20384 FULL VR TRAINING ENTERPRISE (51 - 100) LICENSE $ 1,140.00 Previously part of a bundle 20386 FULL VR TRAINING ENTERPRISE (101 - 150) LICENSE $ 1,843.00 Previously part of a bundle 20388 FULL VR TRAINING ENTERPRISE (151 - 250) LICENSE $ 2,940.00 Previously part of a bundle 20390 FULL VR TRAINING ENTERPRISE (251 - 500) LICENSE $ 5,344.00 Previously part of a bundle 20392 FULL VR TRAINING ENTERPRISE (501 - 1,000) LICENSE $ 10,139.00 Previously part of a bundle 20394 FULL VR TRAINING ENTERPRISE 1,001 - 1,500 LICENSE $ 15,950.00 Previously part of a bundle 20396 FULL VR TRAINING ENTERPRISE 1,501 - 5,000 LICENSE $ 39,600.00 Previously part of a bundle 20554 UNLMITED DUTY CARTRIDGES FOR X2 $ 7.00 Previously part of a bundle 20555 UNLMITED DUTY CARTRIDGES FOR X26 $ 7.00 Previously part of a bundle 50037 AXON CLIENT SW (EACH CLIENT AND TOUCH PANEL) LICENSE ACCESS $ 1,500.00 Previously part of a bundle 50039 AXON CLIENT SW (EACH CLIENT AND TOUCH PANEL) MAINTENANCE $ 25.00 Previously part of a bundle 50041 AXON STREAMING SERVER LICENSE ACCESS (PER SERVER) $ 1,750.00 Previously part of a bundle 50043 AXON STREAMING SERVER MAINTENANCE (PER SERVER) $ 29.17 Previously part of a bundle 50045 INTERVIEW ROOM UNLIMITED EVIDENCE.COM STORAGE ACCESS $ 99.00 Previously part of a bundle 50300 RESPOND CAD USER LICENSE - DISPATCHER $ 50.00 Previously part of a bundle 50306 RESPOND CAD USER LICENSE - PATROL $ 40.00 Previously part of a bundle 50307 RESPOND CAD USER LICENSE $ 50.00 Previously part of a bundle 50324 RESPOND, LTE SERVICE, AXON INDIA, ACCESS $ 0.48 Previously part of a bundle 50326 RESPOND+, LTE SERVICE, AXON INDIA, ACCESS $ 3.36 Previously part of a bundle 50328 RESPOND, SOFTWARE SERVICE, AXON INDIA, ACCESS $ 4.32 Previously part of a bundle 50330 RESPOND+ SOFTWARE SERVICE, AXON INDIA, ACCESS $ 14.85 Previously part of a bundle 71014 REPLACEMENT BATTERY SCREWDRIVER KIT $ 6.66 Previously part of a bundle 71029 SIGNAL SIDEARM, HARDWARE PACK A $ 0.75 Previously part of a bundle 71030 SIGNAL SIDEARM, HARDWARE PACK B $ 0.75 Previously part of a bundle 71031 SIGNAL SIDEARM, HARDWARE PACK C $ 0.75 Previously part of a bundle 71032 SIGNAL SIDEARM, HARDWARE PACK D $ 0.75 Previously part of a bundle 71033 SIGNAL SIDEARM, HARDWARE PACK E $ 1.25 Previously part of a bundle 71034 SIGNAL SIDEARM, HARDWARE PACK F $ 1.25 Previously part of a bundle 71044 BATTERY, SIGNAL SIDEARM, CR2430 SINGLE PACK $ 1.00 Previously part of a bundle 72040 FLEET REFRESH, 2 CAMERA KIT $ 2,710.00 Previously part of a bundle 72041 FLEET DUAL-VIEW CAMERA REFRESH $ 660.00 Previously part of a bundle 72042 FLEET INTERIOR CAMERA REFRESH $ 565.00 Previously part of a bundle 72043 FLEET HUB REFRESH $ 1,220.00 Previously part of a bundle 72044 FLEET WIRELESS MIC REFRESH $ 270.00 Previously part of a bundle 72045 FLEET CHARGING BASE REFRESH $ 270.00 Previously part of a bundle 72046 FLEET WIRELESS MIC KIT REFRESH $ 610.00 Previously part of a bundle 73309 AXON CAMERA REFRESH ONE $ 755.00 Previously part of a bundle 73310 AXON CAMERA REFRESH TWO $ 790.00 Previously part of a bundle 73313 1-BAY DOCK AXON CAMERA REFRESH ONE $ 445.00 Previously part of a bundle 73314 1-BAY DOCK AXON CAMERA REFRESH TWO $ 465.00 Previously part of a bundle 73317 1-BAY DOCK AXON CAMERA REFRESH THREE $ 485.00 Previously part of a bundle DocuSign Envelope ID: 7D3CD827-3FD6-4D12-A6E6-CE55E1B836BDDocuSign Envelope ID: 388C0262-C0A2-4274-B859-E868B9182A90 26 73318 1-BAY DOCK AXON CAMERA REFRESH FOUR $ 510.00 Previously part of a bundle 73345 AXON CAMERA REFRESH THREE $ 825.00 Previously part of a bundle 73346 AXON CAMERA REFRESH FOUR $ 860.00 Previously part of a bundle 73347 MULTI-BAY BWC DOCK 3RD REFRESH $ 1,760.00 Previously part of a bundle 73348 MULTI-BAY BWC DOCK 4TH REFRESH $ 1,840.00 Previously part of a bundle 73352 BWC HARDWARE FINANCING TRUE UP PAYMENT $ 23.30 Previously part of a bundle 73447 RESPOND DEVICE TO RESPOND DEVICE PLUS UPGRADE LICENSE $ 14.00 Previously part of a bundle 73449 RESPOND DEVICE LICENSE $ 5.00 Previously part of a bundle 73478 REDACTION ASSISTANT USER ACCESS LICENSE $ 9.00 Previously part of a bundle 73618 CITIZEN FOR COMMUNITIES USER ACCESS LICENSE $ 9.00 Previously part of a bundle 73638 STANDARDS ACCESS LICENSE $ 9.00 Previously part of a bundle 73680 RESPOND DEVICE PLUS LICENSE $ 19.00 Previously part of a bundle 73681 AXON RECORDS FULL $ 29.00 Previously part of a bundle 73682 AUTO TAGGING LICENSE $ 9.00 Previously part of a bundle 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE $ 0.40 Previously part of a bundle 73684 10 GB EVIDENCE.COM ARCHIVAL A-LA-CART STORAGE $ 0.07 Previously part of a bundle 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE $ 24.00 Previously part of a bundle 73687 EVIDENCE.COM VIEWER LICENSE $ 5.00 Previously part of a bundle 73688 MULTI-BAY BWC DOCK 2ND REFRESH $ 1,685.00 Previously part of a bundle 73689 MULTI-BAY BWC DOCK 1ST REFRESH $ 1,610.00 Previously part of a bundle 73739 PERFORMANCE LICENSE $ 9.00 Previously part of a bundle 73746 PROFESSIONAL EVIDENCE.COM LICENSE $ 39.00 Previously part of a bundle 73778 CAMERA USER EVIDENCE.COM LICENSE ACCESS $ 10.00 Previously part of a bundle 73838 PROSECUTOR PROFESSIONAL ACCESS LICENSE $ 39.00 Previously part of a bundle 73840 EVIDENCE.COM BASIC ACCESS LICENSE $ 15.00 Previously part of a bundle 73850 ADVANCE DIGITAL EVIDENCE MANAGEMENT ADD-ON LICENSE $ 15.00 Previously part of a bundle 73890 RECORDS LICENSE, NON-OSP $ 29.00 Previously part of a bundle 73891 RECORDS LICENSE, NON-SWORN $ 29.00 Previously part of a bundle 73893 STANDARDS LICENSE, NON-SWORN $ 20.00 Previously part of a bundle 74300 FLOCK SAFETY ALPR CAMERA SYSTEM $ 208.00 Previously part of a bundle 74310 FLOCK CAMERA REFERRAL $ 37.50 Previously part of a bundle 75001 SIGNAL SIDEARM ADHESIVE MOUNT REMOVAL KIT $ 1.52 Previously part of a bundle 79999 AUTO TAGGING / PERFORMANCE IMPLEMENTATION SERVICE $ 2,000.00 Previously part of a bundle 80214 FLEET EVIDENCE.COM UNLIMITED STORAGE $ 34.00 Previously part of a bundle 80218 WI-FI OFFLOAD, SOFTWARE LICENSE MAINTENANCE $ 50.00 Previously part of a bundle 80221 FLEET EVIDENCE.COM LICENSE $ 29.00 Previously part of a bundle 80223 INACTIVE CHANNEL ACCESS LICENSE $ 5,000.00 Previously part of a bundle 80225 ACTIVE CHANNEL ACCESS LICENSE $ 416.67 Previously part of a bundle 80227 RESPOND DEVICE VIEW-ONLY ACCESS $ 24.00 Previously part of a bundle 80275 AXON COMMANDER, PRO LICENSE, SMA $ 22.91 Previously part of a bundle 80277 AXON COMMANDER, PRO LICENSE, TERM $ 39.00 Previously part of a bundle 80279 AXON COMMANDER, CAMERA LICENSE, SMA $ 360.00 Previously part of a bundle 80281 COMMANDER CAMERA LICENSE, TERM $ 10.00 Previously part of a bundle DocuSign Envelope ID: 7D3CD827-3FD6-4D12-A6E6-CE55E1B836BDDocuSign Envelope ID: 388C0262-C0A2-4274-B859-E868B9182A90 27 80283 COMMANDER - TASER 7 - TERM LICENSE $ 5.00 Previously part of a bundle 80285 COMMANDER - TASER 7 - PERPETUAL LICENSE SMA $ 87.00 Previously part of a bundle 80290 AXON COMMANDER, BASIC LICENSE, TERM ACCESS $ 15.00 Previously part of a bundle 80294 AXON COMMANDER SERVER PERPETUAL LICENSE ACCESS $ 2,500.00 Previously part of a bundle 80296 AXON COMMANDER SERVER SMA ACCESS $ 53.00 Previously part of a bundle 80298 AXON COMMANDER SERVER TERM LICENSE ACCESS $ 42.00 Previously part of a bundle 80320 PEO ADD-ON ACCESS $ 9.00 Previously part of a bundle 80322 LIVE STREAMING ADD-ON ACCESS $ 9.00 Previously part of a bundle 80400 FLEET, VEHICLE LICENSE, ACCESS $ 20.00 Previously part of a bundle 80401 FLEET 3, ALPR LICENSE, 1 CAMERA, ACCESS $ 49.00 Previously part of a bundle 80402 RESPOND DEVICE LICENSE - FLEET 3 - ACCESS $ 15.00 Previously part of a bundle 80410 FLEET, EVIDENCE LICENSE, 1 CAMERA STORAGE, ACCESS $ 17.00 Previously part of a bundle 85759 AUTO-TRANSCRIBE 1000 A LA CARTE MINUTES $ 29.17 Previously part of a bundle 85760 AUTO-TRANSCRIBE UNLIMITED ACCESS SERVICE (LE ONLY) $ 20.00 Previously part of a bundle 85762 AUTO-TRANSCRIBE JUSTICE ACCESS SERVICE $ 70.00 Previously part of a bundle 87050 FLEET VIEW XL ACCESS LICENSE $ 29.00 Previously part of a bundle 88114 UCP STANDARD $ 15.68 Previously part of a bundle 88115 UCP SMART $ 17.77 Previously part of a bundle DocuSign Envelope ID: 7D3CD827-3FD6-4D12-A6E6-CE55E1B836BDDocuSign Envelope ID: 388C0262-C0A2-4274-B859-E868B9182A90 28 2. Price Adjustment. Attachment A to the Master Price Agreement shall be amended in part to reflect the following pricing adjustment to the Price List: ATTACHMENT A to Master Price Agreement by and between VENDOR and PURCHASER. PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES Price Decrease Product Code Product Name Old Price New Price 50200 AXON SUPPORT ENGINEER, RESIDENT $180,000.00 $ 15,000.00 50197 COMMANDER TERM LICENSE - PRO $ 480.00 $ 40.00 50092 AXON COMMANDER PRO SUPPORT AND MAINTENANCE $ 275.00 $ 22.92 50213 AXON COMMANDER, PROFESSIONAL LICENSE, TERM $ 180.00 $ 15.00 20296 SAMSUNG S7+ TABLET FOR VR SIMULATOR $ 1,000.00 $ 850.00 20298 VR-ENABLED GLOCK 17 CONTROLLER $ 650.00 $ 510.00 50211 AXON COMMANDER, CAMERA LICENSE SMA, PERPETUAL $ 90.00 $ 7.50 20478 UNLIMITED + 10Y TRUE UP 7 $ 58.78 $ 52.70 20471 UNLIMITED + TRUE UP 2 $ 38.84 $ 34.75 20476 UNLIMITED + 10Y TRUE UP 5 $ 28.13 $ 25.00 20474 UNLIMITED + 10Y TRUE UP 3 $ 20.80 $ 18.00 20470 UNLIMITED + TRUE UP 1 $ 17.50 $ 15.50 20475 UNLIMITED + 10Y TRUE UP 4 $ 14.57 $ 13.00 20473 UNLIMITED + 10Y TRUE UP 2 $ 14.00 $ 12.50 20477 UNLIMITED + 10Y TRUE UP 6 $ 11.55 $ 10.25 20472 UNLIMITED + 10Y TRUE UP 1 $ 11.50 $ 10.25 Price Increase Product Code Product Name Old Price New Price 20297 SAMSUNG S7+ TABLET CASE FOR VR SIMULATOR $ 30.00 $ 50.00 71200 FLEET ANT, AIRGAIN, 5-IN-1, 2LTE, 2WIFI, 1GNSS, BL $ 249.00 $ 270.00 71201 FLEET ANT, AIRGAIN, 5-IN-1, 2LTE, 2WIFI, 1GNSS, WH $ 249.00 $ 270.00 73214 AXON BODY 3 - EU07 - YLW ACCENTS - RAPIDLOCK $ 699.00 $ 734.00 20157 CEW HARD CASE - 15.2 X 12 X 4.5 - EGG CRATE FOAM $ 20.80 $ 80.00 11635 CRADLEPOINT IBR1700-1200M-B-NPS+5YR NETCLOUD $2,099.00 $ 2,159.00 20120 TASER 7 INSTRUCTOR COURSE VOUCHER $ 375.00 $ 495.00 11708 OAKLEY FLAK 1.0 MOUNT ONLY KIT, FLEX 2 $ 29.95 $ 199.00 20378 HTC FOCUS 3 VR HEADSET $1,050.00 $ 1,300.00 11634 CRADLEPOINT IBR900-1200M-B-NPS+5YR NETCLOUD $1,249.00 $ 1,509.00 11636 CRADLEPOINT FIPS IBR1700-1200M-B-NPS+5YR NETCLOUD $2,299.00 $ 2,589.00 11638 CRADLEPOINT FIPS IBR900-1200M-B-NPS+5YR NETCLOUD $1,449.00 $ 2,059.00 DocuSign Envelope ID: 7D3CD827-3FD6-4D12-A6E6-CE55E1B836BDDocuSign Envelope ID: 388C0262-C0A2-4274-B859-E868B9182A90 29 3. Full Force and Effect. In each and every other respect, the terms of the Master Price Agreement, as amended, entered into between the parties on or about June 8, 2020 shall remain in full force and effect during the term of the agreement and the parties hereto hereby ratify said Master Price Agreement in its entirety, as if fully set out herein, along with the modifications identified herein. IN WITNESS WHEREOF, the parties have hereto signed this Amendment on the day and year first above written. LEAGUE OF OREGON CITIES _______________________________ Date _________________________ BY: ITS: AXON ENTERPRISE, INC. _______________________________ Date _________________________ BY: ITS: DocuSign Envelope ID: 7D3CD827-3FD6-4D12-A6E6-CE55E1B836BD 7/14/2021 | 12:52 PM MST Bobby Driscoll VP, Assoc. General Counsel DocuSign Envelope ID: 388C0262-C0A2-4274-B859-E868B9182A90 Mike Cully July 14, 2021 | 2:01 PM PDT Executive Director Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9996 Agenda Date: 12/13/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Award a construction contract to TLC Diversified, of Palmetto, FL, for the 2021 Annual Water and Reclaimed Water Repair and Improvements (21-0025-UT) in the amount of $6,000,000 for an initial one-year term with an option for three one-year renewals on a unit price basis for a total contract value of $24,000,000, per Invitation to Bid (ITB) 21-0025-UT, and authorize the appropriate officials to execute same. (consent) SUMMARY: ITB 21-0025-UT obtained competitive prices to establish multi-year contracts for as-needed repairs for potable water and reclaimed water infrastructure improvements. TLC Diversified will be contracted to perform Group A - Water and Reclaimed Water Infrastructure Repairs and Improvements for an amount not to exceed $6,000,000.00 per one-year term. The City of Clearwater will direct contractors to high priority areas as established in the Public Utilities Department Capital Improvement Plan, the Potable Water System Master Plan, and the future Reclaimed Water Master Plan. Construction is anticipated to be a one-year term with an option for three one-year renewals on a unit price basis (total of up to four years). The City of Clearwater Public Utilities Department is responsible for owning, operating, and maintaining potable water and reclaimed water systems. APPROPRIATION CODE AND AMOUNT: 3217321-546900-96721 $4,200,000 3277327-546900-96784 $1,400,000 3277327-546900-96665 $ 400,000 First quarter budget amendments will transfer amounts from Capital Improvement Project of $3,600,000 from 3217321-96722, Line Relocation, to 3217321-96721, System R&R, and $1,000,000 from Utility Renewal and Replacement project 3277327-96722, Line Relocation-Maint, to 3277327-96784, Reclaimed Distribution System. Additional funds are available in amounts of $600,000 from Capital Improvement Project 3217321-96721, System R&R, and from Utility Renewal and Replacement Projects in amounts of $400,000 in 3277327-96784, Reclaimed Distribution System and $400,000 in 3277327-96665, Sanitary Sewer R&R, to fund the initial one-year contract and will be included in FY2023 through FY2025 Capital Improvement Program for future renewals in the amount of $6,000,000 per year. Page 1 City of Clearwater Printed on 12/10/2021 DBE NO DBE NOBID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1Emergency Mobilization/Demobilization & General Conditions1 (max $5,000) EA 30$5,000 $150,000.00 $2,500.00 $75,000.002$4,000) EA 75$4,000 $300,000.00 $4,000.00 $300,000.00Maintenance of Traffic3aFlagman HR 20027.50$ $5,500.00 $50.00$10,000.003bMultilane (FDOT Index No. 613) HR 301,420.00$ $42,600.00 $1,455.00 $43,650.003cMultilane (FDOT Index No. 614) HR 301,420.00$ $42,600.00 $1,852.00 $55,560.003dMultilane (FDOT Index No. 615) HR 201,420.00$ $28,400.00 $1,852.00 $37,040.003eMultilane (FDOT Index No. 616) HR 201,420.00$ $28,400.00 $1,455.00 $29,100.003fMultilane (FDOT Index No. 617) HR 201,420.00$ $28,400.00 $1,852.00 $37,040.003gArrow Board - 5' Minimum Horizontal Size HR 3037.50$ $1,125.00 $10.00 $300.003hVariable Message Board HR 3062.50$ $1,875.00 $25.00 $750.003iConcrete Barrier (FDOT Index No. 415) HR 6025.00$ $1,500.00 $508.00$30,480.003jLow Profile Barrier (FDOT Index No. 412) HR 6019.00$ $1,140.00 $619.00$37,140.003kSign in Work Zone HR 1001.25$ $125.00 $1.00 $100.003lFDOT Cone HR 1000.25$ $25.00 $1.00 $100.003mFDOT Channelizing Drum HR 1001.25$ $125.00 $1.00 $100.003nBarricade, Type III with Warning Light HR 1006.25$ $625.00 $1.00 $100.003oBarricade, Type I or II with Warning Light HR 1001.25$ $125.00 $1.00 $100.00Labor and EquipmentLabor hour4aForeman regular time HR 150080.00$ $120,000.00 $100.00$150,000.004bForeman overtime HR 20090.00$ $18,000.00 $150.00$30,000.004cOperator regular time HR 200068.00$ $136,000.00 $59.00$118,000.004dOperator overtime HR 20078.00$ $15,600.00 $88.00$17,600.001Mobilization shall be per work order as defined by the City. Each work order may include more than one individual project. The unit price for mobilization shall not exceed $4,000 for non emergency mobilization and $5,000 for emergency mobilization. Emergency and non emergency mobilization are further defined in Section IV of the Contract Documents.Group A: Point RepairGeneral2021 ANNUAL WATER AND RECLAIMED WATER REPAIR AND IMPROVEMENTS 21-0025-UTBID OPENING - AWARD - Rowland Inc.6855 102nd Avenue NorthPinellas Park, FL 33782T: (727) 545 - 3815 – F: (727) 546 – 8464www.rowland-inc.com – CUC052617TLC DIVERSIFIED2719 17TH Street EastPalmetto, FL 34221941.722.0621CGC041816 / CUC053963All bid items, unless otherwise specified, shall be inclusive of furnishing all material and labor for the complete installation of the bid item, inclusive of any necessary removal. Installation shall be completed in accordance with the specifications. The quantities provided are estimated per year for bidding purposes and may vary based on the actual work throughout the duration of the contract. The City of Clearwater (City) is not obligated to purchase any minimum or maximum amount during the life of the contract. Unit costs for all bid items shall not be changed in the event of overruns or underruns. DBE NO DBE NOBID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT 2021 ANNUAL WATER AND RECLAIMED WATER REPAIR AND IMPROVEMENTS 21-0025-UTBID OPENING - AWARD - Rowland Inc.6855 102nd Avenue NorthPinellas Park, FL 33782T: (727) 545 - 3815 – F: (727) 546 – 8464www.rowland-inc.com – CUC052617TLC DIVERSIFIED2719 17TH Street EastPalmetto, FL 34221941.722.0621CGC041816 / CUC0539634eTruck Driver regular time HR 100058.00$ $58,000.00 $59.00$59,000.004fTruck Driver overtime HR 5068.00$ $3,400.00 $88.00$4,400.004gPipe Layer regular time HR 200062.00$ $124,000.00 $59.00$118,000.004hPipe Layer overtime HR 20072.00$ $14,400.00 $88.00$17,600.004iLaborer regular time HR 200057.00$ $114,000.00 $53.00$106,000.004jLaborer overtime HR 200067.00$ $134,000.00 $80.00$160,000.00Equipment5a Foreman's pickup truck with hand tools HR 150045.00$ $67,500.00 $27.00$40,500.005b Job truck with tools HR 150050.00$ $75,000.00 $28.10$42,150.005c Tractor & Trailer (Transport) HR 20040.00$ $8,000.00 $100.00$20,000.005d Track Hoe (to 100 HP) HR 1100120.00$ $132,000.00 $70.00$77,000.005e Track Hoe (101 HP to 170 HP) HR 500155.00$ $77,500.00 $115.00$57,500.005f Track Hoe (171 HP and up) HR 750160.00$ $120,000.00 $175.00$131,250.005g Rubber Tired Backhoe HR 25 60 $1,500.00 $75.00 $1,875.005h Wheel Loader (to 150 HP) HR 2000 80 $160,000.00 $75.00 $150,000.005i Wheel Loader (151 HP and up) HR 250 85 $21,250.00 $80.00 $20,000.005jTrack Type Tractors (to 100 HP) HR 150 30 $4,500.00 $62.00 $9,300.005kTrack Type Tractors (101 HP and up) HR 25 32 $800.00 $135.00 $3,375.005lDump Truck (Tandem Axle) HR 750 80 $60,000.00 $98.00 $73,500.005mPlate Tamp HR 250 12 $3,000.00 $30.00 $7,500.005n3” Trash Pump HR 250 12 $3,000.00 $20.00 $5,000.005o4” Double Diaphragm Pump HR 2000 20 $40,000.00 $17.00 $34,000.005pAir Compressor (125 CFM min.) HR 100 20 $2,000.00 $16.00 $1,600.005q4” Jet Pump HR 25 30 $750.00 $63.00 $1,575.005rEmergency Hauling up to 2500 gallons HR 25 30 $750.00 $380.00 $9,500.005sEmergency Hauling over 2500 gallons HR 25 30 $750.00 $435.00 $10,875.005tStreet Sweeper HR 200 40 $8,000.00 $40.00 $8,000.005uMobile Light TowerDAY 40 150 $6,000.00 $130.00 $5,200.00Landscaping/Restoration6aSoddingSF 75000 1 $75,000.00 $1.25 $93,750.006bBrush RemovalTON 40 177 $7,080.00 $400.00 $16,000.00 DBE NO DBE NOBID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT 2021 ANNUAL WATER AND RECLAIMED WATER REPAIR AND IMPROVEMENTS 21-0025-UTBID OPENING - AWARD - Rowland Inc.6855 102nd Avenue NorthPinellas Park, FL 33782T: (727) 545 - 3815 – F: (727) 546 – 8464www.rowland-inc.com – CUC052617TLC DIVERSIFIED2719 17TH Street EastPalmetto, FL 34221941.722.0621CGC041816 / CUC0539636cTree protectionEA 15 100 $1,500.00 $250.00 $3,750.006dTree Removal (<6" Trunk Diameter)EA 5 218 $1,090.00 $500.00 $2,500.006eTree Removal (6"-12" Trunk Diameter)EA 3 1,450 $4,350.00 $600.00 $1,800.006fTree Removal (13"-18" Trunk Diameter)EA 3 2,900 $8,700.00 $1,500.00 $4,500.006gTree Removal (>18" Trunk Diameter)EA 3 7,250 $21,750.00 $2,500.00 $7,500.00Materials7aRemove and Replace Concrete Sidewalk, (4" Min thickness)SF 500 13.5 $6,750.00 $22.00 $11,000.007bRemove and Replace Concrete Sidewalk, (6" Min thickness)SF 500 22.5 $11,250.00 $26.00 $13,000.007cRemove and Replace Concrete DrivewaySY 250 152 $38,000.00 $155.00 $38,750.007dFull Width Milling (Up to 2")SY 7500 45 $337,500.00 $32.00 $240,000.007eFull Width Milling (2" to 4")SY 7500 45 $337,500.00 $25.00 $187,500.007fSP 12.5 Asphalt Concrete ResurfacingTN 500 450 $225,000.00 $220.00 $110,000.007gSP 9.5 Asphalt Concrete ResurfacingTN 500 450 $225,000.00 $220.00 $110,000.007hPavement Marking - Crosswalks (Lane)LF 500 30 $15,000.00 $2.00 $1,000.007iPavement Marking - Stop Bars (Lane)EA 250 150 $37,500.00 $90.00 $22,500.007jPavement Marking - School Crossing/RREA 50 220 $11,000.00 $88.00 $4,400.007kPavement Marking - Turn, Straight, Combo ArrowsEA 50 160 $8,000.00 $100.00 $5,000.007lPavement Marking - Dashed (White, Yellow or Double Yellow)LF 500 10 $5,000.00 $1.00 $500.007mPavement Marking - Solid WhiteLF 250 10 $2,500.00 $1.00 $250.007nPavement Marking - Solid Double YellowLF 250 10 $2,500.00 $1.50 $375.007oPavement Marking - Solid YellowLF 250 10 $2,500.00 $1.00 $250.007pPreparation, Installation and Maintenance of Project SignsEA 25 120 $3,000.00 $750.00 $18,750.007qTemporary Pavement Marking - Turn, Straight, Combo Arrows EA 250 160 $40,000.00 $100.00 $25,000.007r Temporary Pavement Marking - Dashed (White, Yellow or Double Yellow) LF 250 6 $1,500.00 $1.00 $250.007sTemporary Pavement Marking - Solid White LF 250 6 $1,500.00 $1.00 $250.007tTemporary Pavement Marking - Solid Double YellowLF 250 6 $1,500.00 $1.50 $375.007uTemporary Pavement Marking - Solid Yellow LF 250 6 $1,500.00 $1.00 $250.007vRemove and replace concrete curb and gutter (FDOT Type A)LF 750 17 $12,750.00 $45.00 $33,750.007wRemove and replace concrete curb and gutter (FDOT Type E)LF 750 23 $17,250.00 $70.00 $52,500.007xRemove and replace concrete curb and gutter (FDOT Type F)LF 750 19 $14,250.00 $70.00 $52,500.00 DBE NO DBE NOBID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT 2021 ANNUAL WATER AND RECLAIMED WATER REPAIR AND IMPROVEMENTS 21-0025-UTBID OPENING - AWARD - Rowland Inc.6855 102nd Avenue NorthPinellas Park, FL 33782T: (727) 545 - 3815 – F: (727) 546 – 8464www.rowland-inc.com – CUC052617TLC DIVERSIFIED2719 17TH Street EastPalmetto, FL 34221941.722.0621CGC041816 / CUC0539637y3000 psi ConcreteCY 100 330 $33,000.00 $500.00 $50,000.007zOff Site Selected FillCY 1500 30 $45,000.00 $50.00 $75,000.007aaLimerock Base MaterialTON 750 110 $82,500.00 $73.00 $54,750.007bbCrushed Concrete Base MaterialTON 750 110 $82,500.00 $94.00 $70,500.007ccStabilized SubgradeTON 750 50 $37,500.00 $73.00 $54,750.007dd# 57 Washed StoneTON 750 60 $45,000.00 $125.00 $93,750.007eeRemoval of unsuitable soilTON 300 60 $18,000.00 $23.00 $6,900.007ffRip RapTON 300 220 $66,000.00 $150.00 $45,000.007ggFlowable FillCY 100 220 $22,000.00 $200.00 $20,000.007hhBrick PaversSY 100 82 $8,200.00 $120.00 $12,000.007iiBrick Paver Level SandCY 10 33 $330.00 $60.00 $600.00Well Point Dewatering8Well Point DewateringLF/DAY 2000 20 $40,000.00 $66.00 $132,000.00Grout Fill and Abandon Main9a2"-6"LF 7500 20 $150,000.00 $15.00 $112,500.009b8"-12"LF 7500 30 $225,000.00 $16.00 $120,000.009c16"-24"LF 5000 40 $200,000.00 $20.00 $100,000.009d>30"LF 5000 60 $300,000.00 $50.00 $250,000.0010a2"-6"LF 5000 30 $150,000.00 $10.00 $50,000.0010b8"-12"LF 5000 40 $200,000.00 $15.00 $75,000.0010c16"-24"LF 2000 50 $100,000.00 $30.00 $60,000.0010d>30"LF 500 80 $40,000.00 $50.00 $25,000.00Water and Reclaimed Water Pipe (Open Cut)PVC (Inclusive all Labor, Material, and Associated Restraints)11a4” diameter (0' to 5')LF 1000 90.25 $90,250.00 $75.00 $75,000.0011b4" diameter (5.1' to 10')LF 500 99 $49,500.00 $120.00 $60,000.0011c4" diameter (10.1' to 15')LF 100 154 $15,400.00 $240.00 $24,000.0011d4" diameter (15.1' to 20')LF 50 237 $11,850.00 $412.00 $20,600.0011e6” diameter (0' to 5')LF 1000 95.75 $95,750.00 $88.00 $88,000.0011f6" diameter (5.1' to 10')LF 500 116 $58,000.00 $126.00 $63,000.00 DBE NO DBE NOBID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT 2021 ANNUAL WATER AND RECLAIMED WATER REPAIR AND IMPROVEMENTS 21-0025-UTBID OPENING - AWARD - Rowland Inc.6855 102nd Avenue NorthPinellas Park, FL 33782T: (727) 545 - 3815 – F: (727) 546 – 8464www.rowland-inc.com – CUC052617TLC DIVERSIFIED2719 17TH Street EastPalmetto, FL 34221941.722.0621CGC041816 / CUC05396311g6" diameter (10.1' to 15')LF 100 171 $17,100.00 $253.00 $25,300.0011h6" diameter (15.1' to 20')LF 50 254 $12,700.00 $423.00 $21,150.0011i8” diameter (0' to 5')LF 1000 115 $115,000.00 $102.00 $102,000.0011j8" diameter (5.1' to 10')LF 500 139 $69,500.00 $142.00 $71,000.0011k8" diameter (10.1' to 15')LF 100 194 $19,400.00 $270.00 $27,000.0011m8" diameter (15.1' to 20')LF 50 277 $13,850.00 $440.00 $22,000.00DUCTILE IRON (Inclusive all Labor, Material, and Associated Restraints)12a4” diameter (0' to 5')LF 1000 130 $130,000.00 $115.00 $115,000.0012b4" diameter (5.1' to 10')LF 500 157 $78,500.00 $155.00 $77,500.0012c4" diameter (10.1' to 15')LF 100 212 $21,200.00 $282.00 $28,200.0012d4" diameter (15.1' to 20')LF 50 295 $14,750.00 $452.00 $22,600.0012e6” diameter (0' to 5')LF 1000 203 $203,000.00 $104.00 $104,000.0012f6" diameter (5.1' to 10')LF 500 245 $122,500.00 $143.00 $71,500.0012g6" diameter (10.1' to 15')LF 100 195 $19,500.00 $270.00 $27,000.0012h6" diameter (15.1' to 20')LF 50 278 $13,900.00 $440.00 $22,000.0012i8” diameter (0' to 5')LF 1000 132 $132,000.00 $117.00 $117,000.0012j8" diameter (5.1' to 10')LF 500 159 $79,500.00 $156.00 $78,000.0012k8" diameter (10.1' to 15')LF 100 214 $21,400.00 $283.00 $28,300.0012l8" diameter (15.1' to 20')LF 50 297 $14,850.00 $455.00 $22,750.0012m10” diameter (0' to 5')LF 100 150 $15,000.00 $152.00 $15,200.0012n10" diameter (5.1' to 10')LF 100 181 $18,100.00 $263.00 $26,300.0012o10" diameter (10.1' to 15')LF 50 236 $11,800.00 $332.00 $16,600.0012p10" diameter (15.1' to 20')LF 30 319 $9,570.00 $470.00 $14,100.0012q12” diameter (0' to 5')LF 1000 192 $192,000.00 $150.00 $150,000.0012r12" diameter (5.1' to 10')LF 500 231 $115,500.00 $19.00 $9,500.0012s12" diameter (10.1' to 15')LF 100 263 $26,300.00 $317.00 $31,700.0012t12" diameter (15.1' to 20')LF 50 346 $17,300.00 $487.00 $24,350.0012u14” diameter (0' to 5')LF 100 253 $25,300.00 $224.00 $22,400.0012v14" diameter (5.1' to 10')LF 50 306 $15,300.00 $396.00 $19,800.0012w14" diameter (10.1' to 15')LF 20 337 $6,740.00 $404.00 $8,080.0012x14" diameter (15.1' to 20')LF 20 420 $8,400.00 $541.00 $10,820.00 DBE NO DBE NOBID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT 2021 ANNUAL WATER AND RECLAIMED WATER REPAIR AND IMPROVEMENTS 21-0025-UTBID OPENING - AWARD - Rowland Inc.6855 102nd Avenue NorthPinellas Park, FL 33782T: (727) 545 - 3815 – F: (727) 546 – 8464www.rowland-inc.com – CUC052617TLC DIVERSIFIED2719 17TH Street EastPalmetto, FL 34221941.722.0621CGC041816 / CUC05396312y16” diameter (0' to 5')LF 500 175 $87,500.00 $177.00 $88,500.0012z16" diameter (5.1' to 10')LF 200 270 $54,000.00 $216.00 $43,200.0012aa16" diameter (10.1' to 15')LF 50 301 $15,050.00 $376.00 $18,800.0012bb16" diameter (15.1' to 20')LF 30 384 $11,520.00 $513.00 $15,390.0012cc18” diameter (0' to 5')LF 50 244 $12,200.00 $215.00 $10,750.0012dd18" diameter (5.1' to 10')LF 50 295 $14,750.00 $387.00 $19,350.0012ee18" diameter (10.1' to 15')LF 20 326 $6,520.00 $395.00 $7,900.0012ff18" diameter (15.1' to 20')LF 20 409 $8,180.00 $533.00 $10,660.0012gg20” diameter (0' to 5')LF 500 299 $149,500.00 $215.00 $107,500.0012hh20" diameter (5.1' to 10')LF 200 361 $72,200.00 $255.00 $51,000.0012ii20" diameter (10.1' to 15')LF 50 451 $22,550.00 $414.00 $20,700.0012jj20" diameter (15.1' to 20')LF 30 604 $18,120.00 $553.00 $16,590.0012kk24” diameter (0' to 5')LF 500 740 $370,000.00 $295.00 $147,500.0012ll24" diameter (5.1' to 10')LF 200 434 $86,800.00 $334.00 $66,800.0012mm24" diameter (10.1' to 15')LF 50 524 $26,200.00 $520.00 $26,000.0012nn24" diameter (15.1' to 20')LF 30 677 $20,310.00 $606.00 $18,180.0012oo30” diameter (0' to 5')LF 100 484 $48,400.00 $406.00 $40,600.0012pp30" diameter (5.1' to 10')LF 50 585 $29,250.00 $588.00 $29,400.0012qq30" diameter (10.1' to 15')LF 20 675 $13,500.00 $622.00 $12,440.0012rr30" diameter (15.1' to 20')LF 20 828 $16,560.00 $863.00 $17,260.0012ss36” diameter (0' to 5')LF 100 609 $60,900.00 $510.00 $51,000.0012tt36" diameter (5.1' to 10')LF 50 735 $36,750.00 $692.00 $34,600.0012uu36" diameter (10.1' to 15')LF 20 826 $16,520.00 $725.00 $14,500.0012vv36" diameter (15.1' to 20')LF 20 978 $19,560.00 $966.00 $19,320.00HDPE (Inclusive all Labor, Material, and Associated Restraints)13a4” diameter (0' to 5')LF 1000 65 $65,000.00 $71.00 $71,000.0013b4" diameter (5.1' to 10')LF 500 65.5 $32,750.00 $111.00 $55,500.0013c4" diameter (10.1' to 15')LF 100 98.5 $9,850.00 $238.00 $23,800.0013d4" diameter (15.1' to 20')LF 50 135 $6,750.00 $408.00 $20,400.0013e6” diameter (0' to 5')LF 1000 65 $65,000.00 $80.00 $80,000.0013f6" diameter (5.1' to 10')LF 500 78.5 $39,250.00 $119.00 $59,500.00 DBE NO DBE NOBID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT 2021 ANNUAL WATER AND RECLAIMED WATER REPAIR AND IMPROVEMENTS 21-0025-UTBID OPENING - AWARD - Rowland Inc.6855 102nd Avenue NorthPinellas Park, FL 33782T: (727) 545 - 3815 – F: (727) 546 – 8464www.rowland-inc.com – CUC052617TLC DIVERSIFIED2719 17TH Street EastPalmetto, FL 34221941.722.0621CGC041816 / CUC05396313g6" diameter (10.1' to 15')LF 100 111 $11,100.00 $247.00 $24,700.0013h6" diameter (15.1' to 20')LF 50 148 $7,400.00 $416.00 $20,800.0013i8” diameter (0' to 5')LF 1000 67.5 $67,500.00 $91.00 $91,000.0013j8" diameter (5.1' to 10')LF 500 108 $54,000.00 $130.00 $65,000.0013k8" diameter (10.1' to 15')LF 100 128 $12,800.00 $257.00 $25,700.0013l8" diameter (15.1' to 20')LF 50 165 $8,250.00 $427.00 $21,350.0013m10” diameter (0' to 5')LF 200 67.5 $13,500.00 $104.00 $20,800.0013n10" diameter (5.1' to 10')LF 200 117 $23,400.00 $143.00 $28,600.0013o10" diameter (10.1' to 15')LF 50 149 $7,450.00 $271.00 $13,550.0013p10" diameter (15.1' to 20')LF 30 186 $5,580.00 $440.00 $13,200.0013q12” diameter (0' to 5')LF 200 67.5 $13,500.00 $121.00 $24,200.0013r12" diameter (5.1' to 10')LF 200 143 $28,600.00 $161.00 $32,200.0013s12" diameter (10.1' to 15')LF 100 175 $17,500.00 $289.00 $28,900.0013t12" diameter (15.1' to 20')LF 50 212 $10,600.00 $458.00 $22,900.00Ductile Iron Fittings (Tees, Crosses, 90, 45, 22.5, 11.25, Sleeve, and inclusive all necessary restraints)14a4” diameterTON 2 35000 $70,000.00 $25,000.00 $50,000.0014b6" diameterTON 2 35000 $70,000.00 $25,000.00 $50,000.0014c8" diameterTON 2 35000 $70,000.00 $25,000.00 $50,000.0014d10" diameterTON 2 35000 $70,000.00 $25,000.00 $50,000.0014e12" diameterTON 2 35000 $70,000.00 $25,000.00 $50,000.0014f14" diameterTON 2 35000 $70,000.00 $25,000.00 $50,000.0014g16" diameterTON 2 35000 $70,000.00 $25,000.00 $50,000.0014h18" diameterTON 2 35000 $70,000.00 $25,000.00 $50,000.0014i20" diameterTON 2 35000 $70,000.00 $25,000.00 $50,000.0014j24" diameterTON 2 35000 $70,000.00 $25,000.00 $50,000.0014k30" diameterTON 2 35000 $70,000.00 $25,000.00 $50,000.0014l36" diameterTON 2 35000 $70,000.00 $25,000.00 $50,000.00Appurtenances Gate Valves with 3-Piece Valve Box15a4”EA 100 1800 $180,000.00 $1,650.00 $165,000.0015b6”EA 100 2130 $213,000.00 $1,945.00 $194,500.00 DBE NO DBE NOBID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT 2021 ANNUAL WATER AND RECLAIMED WATER REPAIR AND IMPROVEMENTS 21-0025-UTBID OPENING - AWARD - Rowland Inc.6855 102nd Avenue NorthPinellas Park, FL 33782T: (727) 545 - 3815 – F: (727) 546 – 8464www.rowland-inc.com – CUC052617TLC DIVERSIFIED2719 17TH Street EastPalmetto, FL 34221941.722.0621CGC041816 / CUC05396315c8”EA 50 3090 $154,500.00 $2,745.00 $137,250.0015d10” EA 10 4660 $46,600.00 $3,943.00 $39,430.0015e12” EA 30 5560 $166,800.00 $4,803.00 $144,090.0015f14” EA 10 13890 $138,900.00 $11,871.00 $118,710.0015g18”EA 10 27830 $278,300.00 $23,540.00 $235,400.0015h20” EA 5 29620 $148,100.00 $24,731.00 $123,655.0015i24"EA 5 39150 $195,750.00 $32,543.00 $162,715.0015j30"EA 5 84010 $420,050.00 $71,100.00 $355,500.00Service Saddles Replacement16a3/4"EA 300 373 $111,900.00 $923.00 $276,900.0016b1"EA 300 395 $118,500.00 $942.00 $282,600.0016c1.5"EA 300 420 $126,000.00 $950.00 $285,000.0016d2"EA 100 450 $45,000.00 $951.00 $95,100.0016e4”EA 10 500 $5,000.00 $1,034.00 $10,340.0016f6”EA 10 525 $5,250.00 $1,044.00 $10,440.0016g8”EA 10 600 $6,000.00 $1,070.00 $10,700.0016h10” EA 10 625 $6,250.00 $1,105.00 $11,050.0016i12” EA 10 650 $6,500.00 $1,165.00 $11,650.0016j14” EA 10 650 $6,500.00 $1,189.00 $11,890.0016k18”EA 10 750 $7,500.00 $1,273.00 $12,730.0016l20” EA 10 900 $9,000.00 $1,364.00 $13,640.00Tapping Sleeves and Tapping Valves17a1"EA 25 1260 $31,500.00 $1,061.00 $26,525.0017b2"EA 40 1690 $67,600.00 $1,070.00 $42,800.0017c4"EA 25 4930 $123,250.00 $3,710.00 $92,750.0017d6”EA 25 5900 $147,500.00 $4,369.00 $109,225.0017e8”EA 25 7280 $182,000.00 $5,542.00 $138,550.0017f10” EA 10 10000 $100,000.00 $8,229.00 $82,290.0017g12” EA 10 12700 $127,000.00 $10,271.00 $102,710.0017h14” EA 3 22340 $67,020.00 $8,780.00 $26,340.0017i18”EA 3 41760 $125,280.00 $8,665.00 $25,995.00 DBE NO DBE NOBID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT 2021 ANNUAL WATER AND RECLAIMED WATER REPAIR AND IMPROVEMENTS 21-0025-UTBID OPENING - AWARD - Rowland Inc.6855 102nd Avenue NorthPinellas Park, FL 33782T: (727) 545 - 3815 – F: (727) 546 – 8464www.rowland-inc.com – CUC052617TLC DIVERSIFIED2719 17TH Street EastPalmetto, FL 34221941.722.0621CGC041816 / CUC05396317j20” EA 3 47250 $141,750.00 $8,766.00 $26,298.0017k24"EA 3 63450 $190,350.00 $9,297.00 $27,891.0017l30"EA 3 109210 $327,630.00 $9,600.00 $28,800.0017m36"EA 3 127270 $381,810.00 $28,635.00 $85,905.00Repair Clamp18a4”EA 15 1500 $22,500.00 $992.00 $14,880.0018b6”EA 15 1750 $26,250.00 $1,080.00 $16,200.0018c8”EA 15 2100 $31,500.00 $1,378.00 $20,670.0018d10” EA 15 2950 $44,250.00 $1,900.00 $28,500.0018e12” EA 15 3410 $51,150.00 $2,292.00 $34,380.0018f14” EA 5 3790 $18,950.00 $2,477.00 $12,385.0018g18”EA 5 5040 $25,200.00 $2,646.00 $13,230.0018h20” EA 5 5250 $26,250.00 $2,825.00 $14,125.0018i24"EA 5 7730 $38,650.00 $3,051.00 $15,255.0018j30"EA 5 7960 $39,800.00 $3,245.00 $16,225.0018k36"EA 5 9850 $49,250.00 $3,522.00 $17,610.00Directional Drill19a Furnish and Install 4" HDPE by directional drill, DR 11 with Transitional Ends LF 1000 70.75 $70,750.00 $121.00 $121,000.0019b Furnish and Install 6" HDPE by directional drill, DR 11 with Transitional Ends LF 1000 96$96,000.00 $136.00 $136,000.0019c Furnish and Install 8" HDPE by directional drill, DR 11 with Transitional Ends LF 1000 118$118,000.00 $156.00 $156,000.0019d Furnish and Install 10" HDPE by directional drill, DR 11 with Transitional Ends LF 500135 $67,500.00 $182.00 $91,000.0019e Furnish and Install 12" HDPE by directional drill, DR 11 with Transitional Ends LF 1000191 $191,000.00 $213.00 $213,000.0019f Furnish and Install 16" HDPE by directional drill, DR 11 with Transitional Ends LF 1000310 $310,000.00 $287.00 $287,000.0019g Furnish and Install 20" HDPE by directional drill, DR 11 with Transitional Ends LF 1000568 $568,000.00 $370.00 $370,000.00 DBE NO DBE NOBID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT 2021 ANNUAL WATER AND RECLAIMED WATER REPAIR AND IMPROVEMENTS 21-0025-UTBID OPENING - AWARD - Rowland Inc.6855 102nd Avenue NorthPinellas Park, FL 33782T: (727) 545 - 3815 – F: (727) 546 – 8464www.rowland-inc.com – CUC052617TLC DIVERSIFIED2719 17TH Street EastPalmetto, FL 34221941.722.0621CGC041816 / CUC05396319h Furnish and Install 24" HDPE by directional drill, DR 11 with Transitional Ends LF 1000622 $622,000.00 $500.00 $500,000.0019i Furnish and Install 30" HDPE by directional drill, DR 11 with Transitional Ends LF 1000651 $651,000.00 $550.00 $550,000.0019j Furnish and Install 36" HDPE by directional drill, DR 11 with Transitional Ends LF 1000781 $781,000.00 $800.00 $800,000.0019k Furnish and Install 4" Restrained PVC by directional drill, DR 18 with Transitional EndsLF 1000 70.75 $70,750.00 $100.00 $100,000.0019l Furnish and Install 6" Restrained PVC by directional drill, DR 18 with Transitional EndsLF 1000 96 $96,000.00 $100.00 $100,000.0019m Furnish and Install 8" Restrained PVC by directional drill, DR 18 with Transitional EndsLF 1000 118 $118,000.00 $120.00 $120,000.0019n Furnish and Install 10" Restrained PVC by directional drill, DR 18 with Transitional EndsLF 500 135 $67,500.00 $140.00 $70,000.0019o Furnish and Install 12" Restrained PVC by directional drill, DR 18 with Transitional EndsLF 1000 191 $191,000.00 $170.00 $170,000.0019p Furnish and Install 16" Restrained PVC by directional drill, DR 18 with Transitional EndsLF 1000 310 $310,000.00 $300.00 $300,000.0019q Furnish and Install 20" Restrained PVC by directional drill, DR 18 with Transitional EndsLF 1000 568 $568,000.00 $400.00 $400,000.0019r Furnish and Install 24" Restrained PVC by directional drill, DR 18 with Transitional EndsLF 1000 761 $761,000.00 $500.00 $500,000.0019s Furnish and Install 30" Restrained PVC by directional drill, DR 18 with Transitional EndsLF 1000 651 $651,000.00 $600.00 $600,000.0019t Furnish and Install 36" Restrained PVC by directional drill, DR 18 with Transitional EndsLF 1000 780 $780,000.00 $800.00 $800,000.00Jack and Bore$0.0020a Furnish and Install 4" OD Steel Casing Pipe by Jack and Bore per city standard detailLF 500 250 $125,000.00 $200.00 $100,000.0020b Furnish and Install 6" OD Steel Casing Pipe by Jack and Bore per city standard detailLF 500 250 $125,000.00 $230.00 $115,000.00 DBE NO DBE NOBID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT 2021 ANNUAL WATER AND RECLAIMED WATER REPAIR AND IMPROVEMENTS 21-0025-UTBID OPENING - AWARD - Rowland Inc.6855 102nd Avenue NorthPinellas Park, FL 33782T: (727) 545 - 3815 – F: (727) 546 – 8464www.rowland-inc.com – CUC052617TLC DIVERSIFIED2719 17TH Street EastPalmetto, FL 34221941.722.0621CGC041816 / CUC05396320c Furnish and Install 12" OD Steel Casing Pipe by Jack and Bore per city standard detailLF 750 515 $386,250.00 $265.00 $198,750.0020d Furnish and Install 14" OD Steel Casing Pipe by Jack and Bore per city standard detailLF 750 520 $390,000.00 $292.00 $219,000.0020e Furnish and Install 16" OD Steel Casing Pipe by Jack and Bore per city standard detailLF 750 530 $397,500.00 $318.00 $238,500.0020f Furnish and Install 20" OD Steel Casing Pipe by Jack and Bore per city standard detailLF 500 540 $270,000.00 $372.00 $186,000.0020g Furnish and Install 24" OD Steel Casing Pipe by Jack and Bore per city standard detailLF 300 560 $168,000.00 $436.00 $130,800.0020h Furnish and Install 30" OD Steel Casing Pipe by Jack and Bore per city standard detailLF 300 625 $187,500.00 $522.00 $156,600.0020i Furnish and Install 36" OD Steel Casing Pipe by Jack and Bore per city standard detailLF 300 675 $202,500.00 $600.00 $180,000.0020j Furnish and Install 42" OD Steel Casing Pipe by Jack and Bore per city standard detailLF 300 760 $228,000.00 $700.00 $210,000.00Pipe Bursting$0.0021a Furnish and Install 4" HDPE Prechlorinated Pipe Bursting, DR 11 LF 1000 94.25 $94,250.00 $110.00 $110,000.0021b Furnish and Install 6" HDPE Prechlorinated Pipe Bursting, DR 11 LF 1000 109 $109,000.00 $130.00 $130,000.0021c Furnish and Install 8" HDPE Prechlorinated Pipe Bursting, DR 11 LF 1000 123 $123,000.00 $165.00 $165,000.0021d Furnish and Install 10" HDPE Prechlorinated Pipe Bursting, DR 11 LF 500 160 $80,000.00 $190.00 $95,000.0021e Furnish and Install 12" HDPE Prechlorinated Pipe Bursting, DR 11 LF 1000 189 $189,000.00 $200.00 $200,000.0021f Furnish and Install 16" HDPE Prechlorinated Pipe Bursting, DR 11 LF 1000 247 $247,000.00 $255.00 $255,000.0021g Furnish and Install 20" HDPE Prechlorinated Pipe Bursting, DR 11 LF 1000 319 $319,000.00 $275.00 $275,000.0021h Furnish and Install 24" HDPE Prechlorinated Pipe Bursting, DR 11 LF 500 508 $254,000.00 $300.00 $150,000.0021i Furnish and Install 30" HDPE Prechlorinated Pipe Bursting, DR 11 LF 500 696 $348,000.00 $390.00 $195,000.00Restrained Joint22a2" Restrained JointEA 50 297 $14,850.00 $120.00 $6,000.0022b4" Restrained JointEA 100 328 $32,800.00 $155.00 $15,500.0022c6" Restrained JointEA 100 364 $36,400.00 $263.00 $26,300.0022d8" Restrained JointEA 100 458 $45,800.00 $400.00 $40,000.0022e10" Restrained JointEA 100 796 $79,600.00 $557.00 $55,700.00 DBE NO DBE NOBID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT 2021 ANNUAL WATER AND RECLAIMED WATER REPAIR AND IMPROVEMENTS 21-0025-UTBID OPENING - AWARD - Rowland Inc.6855 102nd Avenue NorthPinellas Park, FL 33782T: (727) 545 - 3815 – F: (727) 546 – 8464www.rowland-inc.com – CUC052617TLC DIVERSIFIED2719 17TH Street EastPalmetto, FL 34221941.722.0621CGC041816 / CUC05396322f12" Restrained JointEA 100 835 $83,500.00 $532.00 $53,200.0022g16" Restrained JointEA 50 2570 $128,500.00 $2,180.00 $109,000.0022h18" Restrained JointEA 50 2890 $144,500.00 $2,260.00 $113,000.0022i20" Restrained JointEA 20 4140 $82,800.00 $2,893.00 $57,860.0022j24" Restrained JointEA 20 4930 $98,600.00 $2,645.00 $52,900.0022k30" Restrained JointEA 20 6830 $136,600.00 $5,417.00 $108,340.00Fire Hydrant Assembly$0.00 $0.0023aFire Hydrant Assembly With Valve (5-1/4")EA 40 9730 $389,200.00 $8,666.00 $346,640.0023bFire Hydrant Assembly Without Valve (5-1/4")EA 20 7120 $142,400.00 $4,560.00 $91,200.0023cRemove Fire HydrantEA 10 1030 $10,300.00 $1,235.00 $12,350.00Service Connections$0.0024a Furnish and Install 3/4" Service Connection (corp to meter including 3 piece) and 2" PVC CasingEA 150 1530 $229,500.00 $2,330.00 $349,500.0024b Furnish and Install 1" Service Connection (corp to meter including 3 piece) and 2" PVC CasingEA 500 1710 $855,000.00 $3,228.00 $1,614,000.0024c Furnish and Install 1-1/2" Service Connection (including brass ball valve) and 3" PVC CasingEA 75 2540 $190,500.00 $3,847.00 $288,525.0024d Furnish and Install 2" Service Connection (including brass ball valve) and 3" PVC CasingEA 50 3100 $155,000.00 $4,306.00 $215,300.00Other Items25aBollardEA 30 564 $16,920.00 $1,004.00 $30,120.0025bARV Assembly (Inclusive of fittings and enclosure)EA 10 9090 $90,900.00 $7,945.00 $79,450.0025cARV OnlyEA 10 5520 $55,200.00 $3,292.00 $32,920.0025dPipe Exterior CoatingSF 100 117 $11,700.00 $38.00 $3,800.00Water Main Disinfection26aCleaning and Disinfection of 2" to 6" Potable Water MainLF 7000 17 $119,000.00 $22.00 $154,000.0026bCleaning and Disinfection of 8" to 12" Potable Water MainLF 5000 14.75 $73,750.00 $22.50 $112,500.0026cCleaning and Disinfection of 14" to 20" Potable Water MainLF 5000 14.75 $73,750.00 $25.00 $125,000.0026dCleaning and Disinfection of 24" to 36" Potable Water MainLF 5000 22.75 $113,750.00 $30.00 $150,000.0026eCleaning and Disinfection of 2" to 6" Reclaimed Water MainLF 5000 17 $85,000.00 $20.00 $100,000.0026fCleaning and Disinfection of 8" to 12" Reclaimed Water MainLF 5000 14.75 $73,750.00 $22.50 $112,500.00 DBE NO DBE NOBID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT 2021 ANNUAL WATER AND RECLAIMED WATER REPAIR AND IMPROVEMENTS 21-0025-UTBID OPENING - AWARD - Rowland Inc.6855 102nd Avenue NorthPinellas Park, FL 33782T: (727) 545 - 3815 – F: (727) 546 – 8464www.rowland-inc.com – CUC052617TLC DIVERSIFIED2719 17TH Street EastPalmetto, FL 34221941.722.0621CGC041816 / CUC05396326gCleaning and Disinfection of 14" to 20" Reclaimed Water MainLF 2000 14.75 $29,500.00 $25.00 $50,000.0026hCleaning and Disinfection of 24" to 36" Reclaimed Water MainLF 2000 22.75 $45,500.00 $30.00 $60,000.00Sanitary Sewer Pipe Repair (Incidental to Water or Reclaimed Water Repair)PVC Force Main (Inclusive all Labor, Material, and Associated Restraints)27a4" diameterLF 500 454 $227,000.00 $80.00 $40,000.0027b6" diameterLF 500 454 $227,000.00 $90.00 $45,000.0027c8" diameter LF 500 460 $230,000.00 $100.00 $50,000.00Ductile Iron Force Main (Inclusive all Labor, Material, and Associated Restraints)28a8" diameterLF 500 508 $254,000.00 $160.00 $80,000.0028b10" diameterLF 500 496 $248,000.00 $175.00 $87,500.0028c12" diameterLF 500 551 $275,500.00 $225.00 $112,500.0028d14" diameterLF 50 575 $28,750.00 $350.00 $17,500.0028e16" diameterLF 50 618 $30,900.00 $350.00 $17,500.0028f18" diameter LF 50 618 $30,900.00 $350.00 $17,500.0028g20" diameterLF 50 629 $31,450.00 $370.00 $18,500.0028h24" diameterLF 50 738 $36,900.00 $450.00 $22,500.00HDPE Force Main (Inclusive all Labor, Material, and Associated Restraints)29a4" diameterLF 500 206 $103,000.00 $67.00 $33,500.0029b6" diameterLF 500 206 $103,000.00 $75.00 $37,500.0029c8" diameterLF 500 210 $105,000.00 $88.00 $44,000.0029d10" diameterLF 100 212 $21,200.00 $133.00 $13,300.0029e12" diameterLF 100 217 $21,700.00 $140.00 $14,000.00Ductile Iron Fittings (Tees, Crosses, 90, 45, 22.5, 11.25, Sleeve, and inclusive all necessary restraints)30a4” diameterTON 2 42000 $84,000.00 $53,000.00 $106,000.0030b6" diameterTON 2 42000 $84,000.00 $44,000.00 $88,000.0030c8" diameterTON 2 42000 $84,000.00 $41,000.00 $82,000.0030d10" diameterTON 2 42000 $84,000.00 $40,000.00 $80,000.0030e12" diameterTON 2 42000 $84,000.00 $38,000.00 $76,000.0030f14" diameterTON 2 42000 $84,000.00 $30,000.00 $60,000.0030g16" diameterTON 2 42000 $84,000.00 $32,000.00 $64,000.0030h18" diameterTON 2 42000 $84,000.00 $23,000.00 $46,000.00 DBE NO DBE NOBID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT 2021 ANNUAL WATER AND RECLAIMED WATER REPAIR AND IMPROVEMENTS 21-0025-UTBID OPENING - AWARD - Rowland Inc.6855 102nd Avenue NorthPinellas Park, FL 33782T: (727) 545 - 3815 – F: (727) 546 – 8464www.rowland-inc.com – CUC052617TLC DIVERSIFIED2719 17TH Street EastPalmetto, FL 34221941.722.0621CGC041816 / CUC05396330i20" diameterTON 2 42000 $84,000.00 $25,000.00 $50,000.0030j24" diameterTON 2 42000 $84,000.00 $22,500.00 $45,000.0030k30" diameterTON 2 42000 $84,000.00 $27,000.00 $54,000.0030l36" diameterTON 2 42000 $84,000.00 $30,000.00 $60,000.00PVC Gravity Main (Inclusive all Labor, Material, and Associated Restraints)31a6" diameterLF 500 454 $227,000.00 $204.00 $102,000.0031b8" diameterLF 500 460 $230,000.00 $215.00 $107,500.0031c10" diameterLF 500 466 $233,000.00 $228.50 $114,250.0031d12" diameterLF 500 478 $239,000.00 $245.00 $122,500.0031e14" diameterLF 100 496 $49,600.00 $381.40 $38,140.0031f16" diameterLF 100 674 $67,400.00 $385.00 $38,500.0031g18" diameter LF 100 674 $67,400.00 $449.00 $44,900.0031h20" diameterLF 100 544 $54,400.00 $526.00 $52,600.0031i24" diameterLF 100 653 $65,300.00 $575.00 $57,500.00Wastewater Manhole32aManhole - 4 feet DiameterVF 200 1000 $200,000.00 $1,268.00 $253,600.0032bManhole - 5 feet DiameterVF 100 1300 $130,000.00 $1,577.00 $157,700.0033cManhole - 6 feet DiameterVF 100 1500 $150,000.00 $1,757.00 $175,700.0033dAdjust Existing Manhole Frame and Cover (paved areas)EA 10 525 $5,250.00 $2,670.00 $26,700.0033eAdjust Existing Manhole Frame and Cover (unpaved areas)EA 10 425 $4,250.00 $2,052.00 $20,520.0033fReplace Existing Manhole Frame and Cover (paved areas)EA 10 1500 $15,000.00 $3,060.00 $30,600.0033gReplace Existing Manhole Frame and Cover (unpaved areas)EA 10 1500 $15,000.00 $2,442.00 $24,420.00Wastewater Service Lateral34aInstall/Repair/Replace 4" Sanitary Sewer LateralEA 10 800 $8,000.00 $3,000.00 $30,000.0034bInstall/Repair/Replace 6" Sanitary Sewer LateralEA 10 1500 $15,000.00 $3,500.00 $35,000.00Subtotal$34,438,155.00 $29,386,364.0035Miscellaneous Contingency 10% of Bid1 $3,443,815.50 $3,443,815.50 $2,938,636.40 $2,938,636.40Group A Point Repair Total$37,881,970.50 $32,325,000.40Group B: Asphalt Milling and ResurfacingItem No.DescriptionUnits Quantity DBE NO DBE NOBID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT 2021 ANNUAL WATER AND RECLAIMED WATER REPAIR AND IMPROVEMENTS 21-0025-UTBID OPENING - AWARD - Rowland Inc.6855 102nd Avenue NorthPinellas Park, FL 33782T: (727) 545 - 3815 – F: (727) 546 – 8464www.rowland-inc.com – CUC052617TLC DIVERSIFIED2719 17TH Street EastPalmetto, FL 34221941.722.0621CGC041816 / CUC0539631Mobilization shall be per work order as defined by the City. Each work order may include more than one individual project. The unit price for mobilization shall not exceed $5,000.1a Mobilization/ Demobilization including General Conditions and Traffic Control LS 50 5000 $250,000.00 $0.001bFull Width Milling Only (Up to 2")SY 20000 47.6 $952,000.00 $0.001cFull Width Milling Only (2" to 4")SY 20000 50.4 $1,008,000.00 $0.001dAsphalt PatchTON 50 546 $27,300.00 $0.001eComplete Removal and Replacement of Asphalt PavementSY 10000 86.8 $868,000.00 $0.001fRemove and Replace Limerock Base OnlyTON 50 238 $11,900.00 $0.001gRemove and Replace Crushed Concrete Base OnlyTON 50 235.2 $11,760.00 $0.00Group B Asphalt Milling and Resurfacing Total$3,128,960.00 $0.00Group C: Concrete Aprons, Sidewalks, and CurbsItem No.DescriptionUnits QuantityMobilization shall be per work order as defined by the City. Each work order may include more than one individual project. The unit price for mobilization shall not exceed $3,000.1a Mobilization/ Demobilization including General Conditions and Traffic Control LS 50 $0.00 $0.001b Removal and Replacement of Concrete Apron (Per City Specification) SY 20000 $0.00 $0.001c Removal and Replacement of Concrete Sidewalk (Per City Specification) SY 20000 $0.00 $0.001d Removal and Replacement of Concrete Curb (All Curb Types) LF 10000 $0.00 $0.001eRemove and Replace Limerock Base OnlyTON 50 $0.00 $0.001fRemove and Replace Crushed Concrete Base OnlyTON 50 $0.00 $0.00Group C Concrete Aprons, Sidewalks, and Curbs Total$0.00 $0.00DBE DISADVANTAGED BUSINESS ENTERPRISEBid Tabulations are not public until 30 days after bid opening or upon award by City Council, whichever occurs first. SECTION V Page i Updated: 5/4/2020 SECTION V CONTRACT DOCUMENTS Table of Contents PUBLIC CONSTRUCTION BOND ......................................................................................................... 1 CONTRACT ................................................................................................................................................ 4 CONSENT OF SURETY TO FINAL PAYMENT .................................................................................. 8 PROPOSAL/BID BOND ............................................................................................................................ 9 AFFIDAVIT .............................................................................................................................................. 10 NON-COLLUSION AFFIDAVIT ........................................................................................................... 11 PROPOSAL ............................................................................................................................................... 12 CITY OF CLEARWATER ADDENDUM SHEET ............................................................................... 14 BIDDER’S PROPOSAL ........................................................................................................................... 15 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ....................................................................................................................... 16 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM ...... 17 SECTION V – Contract Documents SECTION V Page 1 of 17 Updated: 5/4/2020 Bond No.: ________________ PUBLIC CONSTRUCTION BOND (1) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph.” CONTRACTOR SURETY OWNER TLC Diversified, Inc. 2719 17th Street East, Palmetto, FL 34221 (941) 722-0621 Westfield Insurance Company P.O. Box 5001 Westfield Center, OH 44251 (407) 330-3990 City of Clearwater Engineering 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4750 PROJECT NAME: 2021 Annual Water and Reclaimed Water Repair and Improvements PROJECT NO.: 21-0025-UT PROJECT DESCRIPTION: This project is for a multi-year contract for on-call (as-needed) services for water and reclaimed water infrastructure repairs and improvements throughout the City’s service area on a non-emergency (scheduled) or emergency basis (Group A); and on-call (as-needed) services for utility related asphalt repair and resurfacing (Group B); and on-call (as-needed) services for utility related concrete aprons, sidewalks, and curbs (Group C). Specific work for this contract (all groups) will be at the request of the City by a work order request. The work that may be included as part of this Contract Group A may include but is not limited to point repairs, pipe installation/replacement (with various different installation methods), valve installation/replacement, service line installation, hydrant installation, etc. The work that may be included as part of Group B may include but not be limited to asphalt milling, asphalt replacement, patch repairs, base removal and repair, etc. The work that may be included as part of Group C may include but not be limited to concrete sidewalk, apron, and curb repair. BY THIS BOND, We, TLC Diversified, Inc. as Contractor, and Westfield Insurance Company, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $6,000,000.00, for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Contractor: 1.Performs the contract dated _________________, between Contractor and Owner for construction of 2021 Annual Water and Reclaimed Water Repair and Improvements, the contract documents being made a part of this bond by reference (which include the Advertisement for Bids, Proposal, SECTION V – Contract Documents SECTION V Page 2 of 17 Updated: 5/4/2020 Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and Appendix, and such alterations as may be made in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the contract; and 2.Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the contract; and SECTION V – Contract Documents SECTION V Page 3 of 17 Updated: 5/4/2020 Bond No.:________________ PUBLIC CONSTRUCTION BOND (2) 3.Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the contract; and 4.To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of the construction contract; and 5.Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 6.Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. 7.Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety’s obligation under this bond, and Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. (If sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). TLC Diversified, Inc. By: ____________________________ Title: ____________________________ Print Name: ____________________________ WITNESS: WITNESS: _______________________________________ _______________________________________ Corporate Secretary or Witness Print Name: ____________________________ Print Name: _____________________________ (affix corporate seal) _______________________________________ (Corporate Surety) By: _________________________________ ATTORNEY-IN-FACT Print Name: ___________________________ (affix corporate seal) (Power of Attorney must be attached) SECTION V – Contract Documents SECTION V Page 4 of 17 Updated: 5/4/2020 CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and TLC Diversified, Inc., of the City of Palmetto County of Manatee and State of Florida, hereinafter designated as the "Contractor". [Or, if out of state:] NOT APPLICABLE This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and _____________________________________, a/an _____________(State) Corporation authorized to do business in the State of Florida, of the City of ____________________ County of __________________________ and State of ____________, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: PROJECT NAME: 2021 Annual Water and Reclaimed Water Repair and Improvements Group A PROJECT NO.: 21-0025-UT in the amount, not to exceed, of $6,000,000 for the initial contract term 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, technical specifications, 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. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. SECTION V – Contract Documents SECTION V Page 5 of 17 Updated: 5/4/2020 CONTRACT (2) THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB CONTRACTOR, AGENT SERVANTS OR EMPLOYEES, TO THE LIMITS OF § 725.06(2). In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. 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; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor 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. The Contractor 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. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed 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 Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor 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 Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the public construction bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such public construction bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. SECTION V – Contract Documents SECTION V Page 6 of 17 Updated: 5/4/2020 CONTRACT (3) 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, THE CONTRACTORS 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 St. Clearwater, FL 33756 The contractor’s agreement to comply with public records law applies specifically to: a)Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b)Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c)Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. 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 SECTION V – Contract Documents SECTION V Page 7 of 17 Updated: 5/4/2020 CONTRACT (4) 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. 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. j)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. IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: __________________________________ (SEAL) Jon P. Jennings City Manager Attest: Countersigned: __________________________________________ Rosemarie Call City Clerk By: __________________________________ Approved as to form: Frank Hibbard Mayor __________________________________________ Owen Kohler Assistant City Attorney Contractor must indicate whether: ______ Corporation, ______ Partnership, ______ Company, or ______ Individual __________________________________________ (Contractor) By: _________________________ (SEAL) Print Name: ________________________________ Title: _____________________________________ The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation – provide Affidavit. SECTION V – Contract Documents SECTION V Page 8 of 17 Updated: 5/4/2020 CONSENT OF SURETY TO FINAL PAYMENT TO OWNER: City of Clearwater PROJECT NAME: 2021 Annual Water and Reclaimed Water Repair and Improvements Engineering PROJECT NO.: 21-0025-UT 100 S. Myrtle Ave. CONTRACT DATE: November 10th. 2021 Clearwater, FL 33756 BOND NO.: [__________], recorded in O.R. Book [____], Page [____], of the Public Records of Pinellas County, Florida. CONTRACTOR: Rowland, Inc. Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the: Westfield Insurance Company P.O. Box 5001, Westfield Center, OH 44251 ,SURETY, on bond of TLC Diversified, Inc. 2719 17th Street East Palmetto, FL 34221 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve Surety of any of its obligations to City of Clearwater Engineering 100 S. Myrtle Ave. Clearwater, FL 33756 ,OWNER, as set forth in said Surety’s bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this ___ day of ___________, ______ __________________________________________ (Surety) __________________________________________ (Signature of authorized representative) __________________________________________ (Printed name and title) Attest: (Seal): Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-10029 Agenda Date: 12/13/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve the conveyance of a Utility Easement to Spectrum Sunshine State, LLC for the installation, operation, and maintenance of electric facilities at the City’s State Street Park, whose address is 1971 North Betty Lane, and authorize the appropriate officials to execute same. (consent) SUMMARY: As a condition to the City passing Ordinance 9517-21, vacating a portion of State Street that abuts the City’s State Street Park, the City is required to grant easements to the private utility companies in order to support existing and future utility needs. This easement provides Spectrum with the necessary property rights to maintain and support their needs over the vacated portion. City staff supports the conveyance of this easement. Page 1 City of Clearwater Printed on 12/10/2021 Return to: Jim Benwell Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FL 33758-4748 FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, whose mailing address is P.O. Box 4748, Clearwater, Florida 33758-4748 (“Grantor”), does hereby grant and convey to SPECTRUM SUNSHINE STATE LLC, whose mailing address is 12405 Powerscourt Drive, St. Louis, MO 63131 (“Grantee”), its successors and assigns, non-exclusive easement over, under, across and through the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: See Exhibit “A” appended hereto and by this reference made a part hereof (“Easement Premises”) Grantee shall have the right to enter upon the above-described premises and construct, reconstruct, install and maintain therein any and all utilities, together with appurtenances thereto (collectively, “Facilities”), and to inspect and alter such Facilities from time to time. Grantee shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. Grantee covenants and agrees with Grantor that it shall maintain the Facilities installed hereunder and promptly restore the Easement Premises and any affected areas surrounding the Easement Premises upon completion of any work activities undertaken in the exercise of these rights to at least the same quality of condition that existed as of the date Grantee first exercised any of its rights hereunder, and on each and every succeeding occasion thereafter. Grantee further represents and warrants that it shall diligently pursue the completion of all work activities in a timely manner. Grantor warrants and covenants with Grantee that Grantor is the owner of fee simple title to the herein described Easement Premises, and that Grantor has full right and lawful authority to grant and convey this easement to Grantee, and that Grantee shall have the non-exclusive, limited purpose quiet and peaceful possession, use and enjoyment of this easement. It is expressly understood that Grantor reserves all rights of ownership of the Easement Premises not inconsistent with the easement rights granted herein. In the event Grantor, its successors or assigns, should ever determine it necessary to relocate Grantee’s facilities constructed within the Easement Premises to facilitate further development or redevelopment of the property encumbered hereby; then Grantor, its successors or assigns, in consultation with and upon approval of Grantee, shall provide an alternate easement for the utility facilities constructed within the Easement Premises, and shall at Grantor’s sole cost and expense reconstruct the utility facilities within the alternate easement. Upon completion of the facilities relocation Grantee shall cause this easement to be vacated and evidence of vacation duly recorded in the public records of Pinellas County, Florida. This easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns. The rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual agreement of both parties, or by abandonment of the Easement Premises by Grantee. UTILITY EASEMENT IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this ______ day of ________________________, 2021. Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By: __________________________ Frank Hibbard Jon P. Jennings Mayor City Manager Approved as to form: Attest: ___________________________ ________________________________ Laura Mahony Rosemarie Call Senior Assistant City Attorney City Clerk STATE OF FLORIDA : : ss COUNTY OF _____________ : The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this   ____________________(date) by   _______________  _____, of the City of Clearwater, Florida, a Florida  a Florida Municipal Corporation, on behalf of the company, who is personally known to me or has produced ___________________as identification. ________________________________________ My commission expires: Notary Public - State of Florida ________________________________________ Type/Print Name STATE ST. 38' R/W N. BETTY LN.60' R/WSUNSET POINT RD. R/W VARIES Steven s o n C r e e k Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot14 Lot 13 Lot 12 Lot 11 Lot 10 Lot 18 Lot 6Lot 7Lot 8Lot 9 Lot 11Lot 12 Lot 19Lot 9 Clearwater Village Phase One-A Plat Book 135, Page 6 E.A.Marshall Subdivision Plat Book 3, Page 44 E.A.Marshall Subdivision Plat Book 3, Page 44 Lange's Replat of Brown's Subdivision Plat Book 24, Page 74 Lot 18 A 30' Utility Easement described as follows: All portions of vacated Right-of-Way of State Street per City of Clearwater Ordinance No. 9517-21, abutting Lot 11 and Lot 18 of E.A. Marshall Subdivision, as recorded in Plat Book 3, Page 44 of the Public Records of Pinellas County, FL. This is not a survey N.T.S. Legal Description OFCITY OF CLEARWATER ENGINEERING DEPARTMENT Exhibit "A" 30' Utility Easement Jim Benwell Tom Mahony 11/16/2021 Lgl_2021-10 1 1 3 29S 15E N BETTY LN STATE ST SUNSET POINT RD FREEDOMDR1 9 4 819561952 1968 1962 13301964 1923 13311971 1966 1960 1970 13601925 13291969 13021927 13271318134013001314130412991 9 5 4 1928 1 9 5 0 1918 1972 1952 1950 1974 1914 1942 1920 1932 AERIAL MAP Proposed Utility Easement ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB TM N.T.S.251B 03-29s-15e11/18/21Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Proposed 30' Utility Easementat State Street Document Path: C:\Users\James.Benwell\City of Clearwater\Engineering Geographic Technology - GIS\Engineering\Location Maps\PropStateStROWEas.mxd STATE STREET PARK STATE STREET PARK Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-10031 Agenda Date: 12/13/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve the conveyance of a Utility Easement to Frontier Florida LLC for the installation, operation, and maintenance of communication facilities at the City’s State Street Park, whose address is 1971 North Betty Lane, and authorize the appropriate officials to execute same. (consent) SUMMARY: As a condition to the City passing Ordinance 9517-21, vacating a portion of State Street that abuts the City’s State Street Park, the City is required to grant easements to the private utility companies in order to support existing and future utility needs. This easement provides Frontier with the necessary property rights to maintain and support their needs over the vacated portion. Page 1 City of Clearwater Printed on 12/10/2021 Return to: Jim Benwell Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FL 33758-4748 FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, whose mailing address is P.O. Box 4748, Clearwater, Florida 33758-4748 (“Grantor”), does hereby grant and convey to FRONTIER FLORIDA LLC, whose mailing address is 401 Merritt 7, Norwalk, CT 06851 (“Grantee”), its successors and assigns, non-exclusive easement over, under, across and through the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: See Exhibit “A” appended hereto and by this reference made a part hereof (“Easement Premises”) Grantee shall have the right to enter upon the above-described premises and construct, reconstruct, install and maintain therein any and all utilities, together with appurtenances thereto (collectively, “Facilities”), and to inspect and alter such Facilities from time to time. Grantee shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. Grantee covenants and agrees with Grantor that it shall maintain the Facilities installed hereunder and promptly restore the Easement Premises and any affected areas surrounding the Easement Premises upon completion of any work activities undertaken in the exercise of these rights to at least the same quality of condition that existed as of the date Grantee first exercised any of its rights hereunder, and on each and every succeeding occasion thereafter. Grantee further represents and warrants that it shall diligently pursue the completion of all work activities in a timely manner. Grantor warrants and covenants with Grantee that Grantor is the owner of fee simple title to the herein described Easement Premises, and that Grantor has full right and lawful authority to grant and convey this easement to Grantee, and that Grantee shall have the non-exclusive, limited purpose quiet and peaceful possession, use and enjoyment of this easement. It is expressly understood that Grantor reserves all rights of ownership of the Easement Premises not inconsistent with the easement rights granted herein. In the event Grantor, its successors or assigns, should ever determine it necessary to relocate Grantee’s facilities constructed within the Easement Premises to facilitate further development or redevelopment of the property encumbered hereby; then Grantor, its successors or assigns, in consultation with and upon approval of Grantee, shall provide an alternate easement for the utility facilities constructed within the Easement Premises, and shall at Grantor’s sole cost and expense reconstruct the utility facilities within the alternate easement. Upon completion of the facilities relocation Grantee shall cause this easement to be vacated and evidence of vacation duly recorded in the public records of Pinellas County, Florida. This easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns. The rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual agreement of both parties, or by abandonment of the Easement Premises by Grantee. UTILITY EASEMENT IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this ______ day of ________________________, 2021. Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By: __________________________ Frank Hibbard Jon P. Jennings Mayor City Manager Approved as to form: Attest: ___________________________ ________________________________ Laura Mahony Rosemarie Call Senior Assistant City Attorney City Clerk STATE OF FLORIDA : : ss COUNTY OF _____________ : The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this   ____________________(date) by   _______________  _____, of the City of Clearwater, Florida, a Florida  a Florida Municipal Corporation, on behalf of the company, who is personally known to me or has produced ___________________as identification. ________________________________________ My commission expires: Notary Public - State of Florida ________________________________________ Type/Print Name STATE ST. 38' R/W N. BETTY LN.60' R/WSUNSET POINT RD. R/W VARIES Steven s o n C r e e k Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot14 Lot 13 Lot 12 Lot 11 Lot 10 Lot 18 Lot 6Lot 7Lot 8Lot 9 Lot 11Lot 12 Lot 19Lot 9 Clearwater Village Phase One-A Plat Book 135, Page 6 E.A.Marshall Subdivision Plat Book 3, Page 44 E.A.Marshall Subdivision Plat Book 3, Page 44 Lange's Replat of Brown's Subdivision Plat Book 24, Page 74 Lot 18 A 30' Utility Easement described as follows: All portions of vacated Right-of-Way of State Street per City of Clearwater Ordinance No. 9517-21, abutting Lot 11 and Lot 18 of E.A. Marshall Subdivision, as recorded in Plat Book 3, Page 44 of the Public Records of Pinellas County, FL. This is not a survey N.T.S. Legal Description OFCITY OF CLEARWATER ENGINEERING DEPARTMENT Exhibit "A" 30' Utility Easement Jim Benwell Tom Mahony 11/16/2021 Lgl_2021-10 1 1 3 29S 15E N BETTY LN STATE ST SUNSET POINT RD FREEDOMDR1 9 4 819561952 1968 1962 13301964 1923 13311971 1966 1960 1970 13601925 13291969 13021927 13271318134013001314130412991 9 5 4 1928 1 9 5 0 1918 1972 1952 1950 1974 1914 1942 1920 1932 AERIAL MAP Proposed Utility Easement ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB TM N.T.S.251B 03-29s-15e11/18/21Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Proposed 30' Utility Easementat State Street Document Path: C:\Users\James.Benwell\City of Clearwater\Engineering Geographic Technology - GIS\Engineering\Location Maps\PropStateStROWEas.mxd STATE STREET PARK STATE STREET PARK Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9995 Agenda Date: 12/13/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve a Renewal of License and Maintenance Services Agreement with Environmental Systems Research Institute (ESRI) of Redwood, CA, for mapping and land management software licensing and maintenance in an amount not to exceed $285,000.00, which includes a contingency, pursuant to Clearwater Code of Ordinances Section 2.563 (1)(d), Non-competitive purchases (impractical), and authorize the appropriate officials to execute same. (consent) SUMMARY: ESRI software is the City’s mapping software and is used by all departments for mapping, land records management, infrastructure tracking, spatial tracking, dispatching and spatial analysis. This agreement is for a three-year term beginning January 1, 2022 through December 31, 2024. Software licensing includes all webservices and development tools for the customization and creation of applications and display of data. APPROPRIATION CODE AND AMOUNT: Funds are budgeted and available in the Information Technology operating budget, cost codes 5559864-530300 (contractual services) for planned expenditures in the current fiscal year . Expenditures for future fiscal years will be budgeted in the same line item of the IT Admin Services budget. Page 1 City of Clearwater Printed on 12/10/2021 Quotation # Q-438588 Date: September 17, 2021 Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 Fax: (909) 307-3049 DUNS Number: 06-313-4175 CAGE Code: 0AMS3 Customer # 142475 Contract # ENTERPRISE AGREEMENT City of Clearwater Information Systems Dept 100 S Myrtle Ave Ste 360 Clearwater, FL 33756-5520 To expedite your order, please attach a copy of ATTENTION:Tony Lenning this quotation to your purchase order. PHONE:(727) 562-4662 Quote is valid from: To: EMAIL:tony.lenning@myclearwater.com Material Qty Term Unit Price Total 168180 1 Year 1 $77,500.00 $77,500.00 Year 1 (2022): Populations of 100,001 to 125,000 Small Government Term Enterprise License Agreement 168180 1 Year 2 $80,000.00 $80,000.00 Year 2 (2023): Populations of 100,001 to 125,000 Small Government Term Enterprise License Agreement 168180 1 Year 3 $82,500.00 $82,500.00 Year 3 (2024): Populations of 100,001 to 125,000 Small Government Term Enterprise License Agreement 168435 1 $4,500.00 $4,500.00 Year 1 (2022): ArcGIS Data Interoperability for Desktop and Server Populations of 100,001 to 125,000 Small Government Term Enterprise Agreement 168435 1 $4,500.00 $4,500.00 Year 2 (2023): ArcGIS Data Interoperability for Desktop and Server Populations of 100,001 to 125,000 Small Government Term Enterprise Agreement 168435 1 $4,500.00 $4,500.00 Year 3 (2024): ArcGIS Data Interoperability for Desktop and Server Populations of 100,001 to 125,000 Small Government Term Enterprise Agreement Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Ben McCrary Email: bmccrary@esri.com Phone: 704-541-9810 x1666 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use documentfound at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreementwith Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to yourpurchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is requiredto make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be providedand invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provideany such data set, Customer will not be responsible for any further payments for the data set. Federal government entities and government primecontractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditionsfound at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some state and local government purchases. All terms of this quotationwill be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the termsof this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sentto or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for theexpress purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose withoutconsent from Esri. Delivery is FOB Origin. MCCRARYB This offer is limited to the terms and conditions incorporated and attached herein. Quotation # Q-438588 Date: September 17, 2021 Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 Fax: (909) 307-3049 DUNS Number: 06-313-4175 CAGE Code: 0AMS3 Customer # 142475 Contract # ENTERPRISE AGREEMENT City of Clearwater Information Systems Dept 100 S Myrtle Ave Ste 360 Clearwater, FL 33756-5520 To expedite your order, please attach a copy of ATTENTION:Tony Lenning this quotation to your purchase order. PHONE:(727) 562-4662 Quote is valid from: To: EMAIL:tony.lenning@myclearwater.com Subtotal:$253,500.00 Sales Tax:$0.00 Estimated Shipping and Handling (2 Day Delivery):$0.00 Contract Price Adjust:$0.00 Total:$253,500.00 Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Ben McCrary Email: bmccrary@esri.com Phone: 704-541-9810 x1666 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use documentfound at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreementwith Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to yourpurchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is requiredto make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be providedand invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provideany such data set, Customer will not be responsible for any further payments for the data set. Federal government entities and government primecontractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditionsfound at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some state and local government purchases. All terms of this quotationwill be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the termsof this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sentto or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for theexpress purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose withoutconsent from Esri. Delivery is FOB Origin. MCCRARYB This offer is limited to the terms and conditions incorporated and attached herein. Esri Use Only: Cust. Name Cust. # PO # Esri Agreement # Page 1 of 6 August 31, 2021 SMALL ENTERPRISE AGREEMENT COUNTY AND MUNICIPALITY GOVERNMENT (E214-4) This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri"). This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A. Table A List of Products Uncapped Quantities Desktop Software and Extensions (Single Use) ArcGIS Desktop Advanced ArcGIS Desktop Standard ArcGIS Desktop Basic ArcGIS Desktop Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager, ArcGIS Data Reviewer Enterprise Software and Extensions ArcGIS Enterprise and Workgroup (Advanced and Standard) ArcGIS Monitor ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager Enterprise Additional Capability Servers ArcGIS Image Server Developer Tools ArcGIS Engine ArcGIS Engine Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Engine Geodatabase Update, ArcGIS Network Analyst, ArcGIS Schematics ArcGIS Runtime (Standard) ArcGIS Runtime Analysis Extension Limited Quantities One (1) Professional subscription to ArcGIS Developer Two (2) ArcGIS CityEngine Single Use Licenses 500 ArcGIS Online Viewers 500 ArcGIS Online Creators 62,500 ArcGIS Online Service Credits 500 ArcGIS Enterprise Creators 7 ArcGIS Insights in ArcGIS Enterprise 7 ArcGIS Insights in ArcGIS Online 100 ArcGIS Tracker for ArcGIS Enterprise 100 ArcGIS Tracker for ArcGIS Online 5 ArcGIS Parcel Fabric User Type Extensions (Enterprise) 5 ArcGIS Utility Network User Type Extensions (Enterprise) 5 ArcGIS Trace Network User Type Extensions (Enterprise) OTHER BENEFITS Number of Esri User Conference registrations provided annually 4 Number of Tier 1 Help Desk individuals authorized to call Esri 4 Maximum number of sets of backup media, if requested* 2 Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement *Additional sets of backup media may be purchased for a fee Page 2 of 6 August 31, 2021 Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date"). Term of Agreement: Three (3) years This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement. Accepted and Agreed: (Customer) By: Authorized Signature Printed Name: Title: Date: CUSTOMER CONTACT INFORMATION Contact: Telephone: Address: Fax: City, State, Postal Code: E-mail: Country: Quotation Number (if applicable): Countersigned: ________________________________________ Frank Hibbard Mayor Approved as to form: ________________________________________ Owen Kohler Assistant City Attoorney CITY OF CLEARWATER, FLORIDA By: ________________________________________ Jon JenningsCity Manager Attest: ________________________________________ Rosemarie Call City Clerk Page 3 of 6 August 31, 2021 1.0—ADDITIONAL DEFINITIONS In addition to the definitions provided in the Master Agreement, the following definitions apply to this Agreement: "Case" means a failure of the Software or Online Services to operate according to the Documentation where such failure substantially impacts operational or functional performance. "Deploy", "Deployed" and "Deployment" mean to redistribute and install the Products and related Authorization Codes within Customer's organization(s). "Fee" means the fee set forth in the Quotation. "Maintenance" means Tier 2 Support, Product updates, and Product patches provided to Customer during the Term of Agreement. "Master Agreement" means the applicable master agreement for Esri Products incorporated by this reference that is (i) found at https://www.esri.com/en- us/legal/terms/full-master-agreement and available in the installation process requiring acceptance by electronic acknowledgment or (ii) a signed Esri master agreement or license agreement that supersedes such electronically acknowledged master agreement. "Product(s)" means the products identified in Table A—List of Products and any updates to the list Esri provides in writing. "Quotation" means the offer letter and quotation provided separately to Customer. "Technical Support" means the technical assistance for attempting resolution of a reported Case through error correction, patches, hot fixes, workarounds, replacement deliveries, or any other type of Product corrections or modifications. "Tier 1 Help Desk" means Customer's point of contact(s) to provide all Tier 1 Support within Customer's organization(s). "Tier 1 Support" means the Technical Support provided by the Tier 1 Help Desk. "Tier 2 Support" means the Esri Technical Support provided to the Tier 1 Help Desk when a Case cannot be resolved through Tier 1 Support. 2.0—ADDITIONAL GRANT OF LICENSE 2.1 Grant of License. Subject to the terms and conditions of this Agreement, Esri grants to Customer a personal, nonexclusive, nontransferable license solely to use, copy, and Deploy quantities of the Products listed in Table A—List of Products for the Term of Agreement (i) for the applicable Fee and (ii) in accordance with the Master Agreement. 2.2 Consultant Access. Esri grants Customer the right to permit Customer's consultants or contractors to use the Products exclusively for Customer's benefit. Customer will be solely responsible for compliance by consultants and contractors with this Agreement and will ensure that the consultant or contractor discontinues use of Products upon completion of work for Customer. Access to or use of Products by consultants or contractors not exclusively for Customer's benefit is prohibited. Customer may not permit its consultants or contractors to install Software or Data on consultant, contractor, or third-party computers or remove Software or Data from Customer locations, except for the purpose of hosting the Software or Data on Contractor servers for the benefit of Customer. 3.0—TERM, TERMINATION, AND EXPIRATION 3.1 Term. This Agreement and all licenses hereunder will commence on the Effective Date and continue for the duration identified in the Term of Agreement, unless this Agreement is terminated earlier as provided herein. Customer is only authorized to use Products during the Term of Agreement. For an Agreement with a limited term, Esri does not grant Customer an indefinite or a perpetual license to Products. 3.2 No Use upon Agreement Expiration or Termination. All Product licenses, all Maintenance, and Esri User Conference registrations terminate upon expiration or termination of this Agreement. 3.3 Termination for a Material Breach. Either party may terminate this Agreement for a material breach by the other party. The breaching party will have thirty (30) days from the date of written notice to cure any material breach. 3.4 Termination for Lack of Funds. For an Agreement with government or government- Page 4 of 6 August 31, 2021 owned entities, either party may terminate this Agreement before any subsequent year if Customer is unable to secure funding through the legislative or governing body's approval process. 3.5 Follow-on Term. If the parties enter into another agreement substantially similar to this Agreement for an additional term, the effective date of the follow-on agreement will be the day after the expiration date of this Agreement. 4.0—PRODUCT UPDATES 4.1 Future Updates. Esri reserves the right to update the list of Products in Table A—List of Products by providing written notice to Customer. Customer may continue to use all Products that have been Deployed, but support and upgrades for deleted items may not be available. As new Products are incorporated into the standard program, they will be offered to Customer via written notice for incorporation into the Products schedule at no additional charge. Customer's use of new or updated Products requires Customer to adhere to applicable additional or revised terms and conditions in the Master Agreement. 4.2 Product Life Cycle. During the Term of Agreement, some Products may be retired or may no longer be available to Deploy in the identified quantities. Maintenance will be subject to the individual Product Life Cycle Support Status and Product Life Cycle Support Policy, which can be found at https://support.esri.com/en/other- resources/product-life-cycle. Updates for Products in the mature and retired phases may not be available. Customer may continue to use Products already Deployed, but Customer will not be able to Deploy retired Products. 5.0—MAINTENANCE The Fee includes standard maintenance benefits during the Term of Agreement as specified in the most current applicable Esri Maintenance and Support Program document (found at https://www.esri.com/en- us/legal/terms/maintenance). At Esri's sole discretion, Esri may make patches, hot fixes, or updates available for download. No Software other than the defined Products will receive Maintenance. Customer may acquire maintenance for other Software outside this Agreement. a.Tier 1 Support 1.Customer will provide Tier 1 Support through the Tier 1 Help Desk to all Customer's authorized users. 2.The Tier 1 Help Desk will be fully trained in the Products. 3.At a minimum, Tier 1 Support will include those activities that assist the user in resolving how-to and operational questions as well as questions on installation and troubleshooting procedures. 4.The Tier 1 Help Desk will be the initial point of contact for all questions and reporting of a Case. The Tier 1 Help Desk will obtain a full description of each reported Case and the system configuration from the user. This may include obtaining any customizations, code samples, or data involved in the Case. 5.If the Tier 1 Help Desk cannot resolve the Case, an authorized Tier 1 Help Desk individual may contact Tier 2 Support. The Tier 1 Help Desk will provide support in such a way as to minimize repeat calls and make solutions to problems available to Customer’s organization. 6.Tier 1 Help Desk individuals are the only individuals authorized to contact Tier 2 Support. Customer may change the Tier 1 Help Desk individuals by written notice to Esri. b.Tier 2 Support 1.Tier 2 Support will log the calls received from Tier 1 Help Desk. 2.Tier 2 Support will review all information collected by and received from the Tier 1 Help Desk including preliminary documented troubleshooting provided by the Tier 1 Help Desk when Tier 2 Support is required. 3.Tier 2 Support may request that Tier 1 Help Desk individuals provide verification of information, additional information, or answers to additional questions to Page 5 of 6 August 31, 2021 supplement any preliminary information gathering or troubleshooting performed by Tier 1 Help Desk. 4. Tier 2 Support will attempt to resolve the Case submitted by Tier 1 Help Desk. 5. When the Case is resolved, Tier 2 Support will communicate the information to Tier 1 Help Desk, and Tier 1 Help Desk will disseminate the resolution to the user(s). 6.0—ENDORSEMENT AND PUBLICITY This Agreement will not be construed or interpreted as an exclusive dealings agreement or Customer's endorsement of Products. Either party may publicize the existence of this Agreement. 7.0—ADMINISTRATIVE REQUIREMENTS 7.1 OEM Licenses. Under Esri's OEM or Solution OEM programs, OEM partners are authorized to embed or bundle portions of Esri products and services with their application or service. OEM partners' business model, licensing terms and conditions, and pricing are independent of this Agreement. Customer will not seek any discount from the OEM partner or Esri based on the availability of Products under this Agreement. Customer will not decouple Esri products or services from the OEM partners' application or service. 7.2 Annual Report of Deployments. At each anniversary date and ninety (90) calendar days prior to the expiration of this Agreement, Customer will provide Esri with a written report detailing all Deployments. Upon request, Customer will provide records sufficient to verify the accuracy of the annual report. 8.0—ORDERING, ADMINISTRATIVE PROCEDURES, DELIVERY, AND DEPLOYMENT 8.1 Orders, Delivery, and Deployment a. Upon the Effective Date, Esri will invoice Customer and provide Authorization Codes to activate the nondestructive copy protection program that enables Customer to download, operate, or allow access to the Products. If this is a multi-year Agreement, Esri may invoice the Fee up to thirty (30) calendar days before the annual anniversary date for each year. b. Undisputed invoices will be due and payable within thirty (30) calendar days from the date of invoice. Esri reserves the right to suspend Customer's access to and use of Products if Customer fails to pay any undisputed amount owed on or before its due date. Esri may charge Customer interest at a monthly rate equal to the lesser of one percent (1.0%) per month or the maximum rate permitted by applicable law on any overdue fees plus all expenses of collection for any overdue balance that remains unpaid ten (10) days after Esri has notified Customer of the past-due balance. c. Esri's federal ID number is 95-2775-732. d. If requested, Esri will ship backup media to the ship-to address identified on the Ordering Document, FOB Destination, with shipping charges prepaid. Customer acknowledges that should sales or use taxes become due as a result of any shipments of tangible media, Esri has a right to invoice and Customer will pay any such sales or use tax associated with the receipt of tangible media. 8.2 Order Requirements. Esri does not require Customer to issue a purchase order. Customer may submit a purchase order in accordance with its own process requirements, provided that if Customer issues a purchase order, Customer will submit its initial purchase order on the Effective Date. If this is a multi-year Agreement, Customer will submit subsequent purchase orders to Esri at least thirty (30) calendar days before the annual anniversary date for each year. a. All orders pertaining to this Agreement will be processed through Customer's centralized point of contact. b. The following information will be included in each Ordering Document: (1) Customer name; Esri customer number, if known; and bill-to and ship-to addresses (2) Order number (3) Applicable annual payment due Page 6 of 6 August 31, 2021 9.0—MERGERS, ACQUISITIONS, OR DIVESTITURES If Customer is a commercial entity, Customer will notify Esri in writing in the event of (i) a consolidation, merger, or reorganization of Customer with or into another corporation or entity; (ii)Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's organization (subsections i, ii, and iii, collectively referred to as "Ownership Change"). There will be no decrease in Fee as a result of any Ownership Change. 9.1 If an Ownership Change increases the cumulative program count beyond the maximum level for this Agreement, Esri reserves the right to increase the Fee or terminate this Agreement and the parties will negotiate a new agreement. 9.2 If an Ownership Change results in transfer or sale of a portion of Customer's organization, that portion of Customer's organization will transfer the Products to Customer or uninstall, remove, and destroy all copies of the Products. 9.3 This Agreement may not be assigned to a successor entity as a result of an Ownership Change unless approved by Esri in writing in advance. If the assignment to the new entity is not approved, Customer will require any successor entity to uninstall, remove, and destroy the Products. This Agreement will terminate upon such Ownership Change. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-10044 Agenda Date: 12/13/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve an Agreement with Invoice Cloud, Inc., Braintree, MA to provide electronic bill presentment and payment services for the City of Clearwater Utility Customer Service Department, from January 1, 2022 through December 31, 2024, in accordance with Clearwater Code of Ordinances Section 2.563 (1)(a), Single Source, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater has used Kubra Systems for the past four years for its bill presentment and payment solution provider for the Utility Customer Service (UCS) Department. Kubra was selected in August 2016 in response to a Request for Proposal (43-16). Over the past four years, Kubra, while functional, has not fulfilled all contractual expectations and has provided unsatisfactory response to several requests for reports and support from UCS. Invoice Cloud was the second ranked respondent during the original RFP process and has since formed a partnership with Cayenta (current Utility Billing System vendor) for online billing and payment processing. The agreement will commence on January 1, 2022. The initial term of the Agreement will be for a three-year term, unless otherwise terminated pursuant to the Agreement. Thereafter, the Agreement may be renewed for two one-year renewal terms upon mutual written consent of both parties. Customers paying with Check or Credit/Debit Card will be charged a $2.95 convenience fee (both online and via phone-IVR). Customers will still have access to ‘no-cost’ payment options, including walkup/in person payments, check via mail, and auto-debit. Invoice Cloud offers: ·Real-time payment option to reduce unnecessary service shutoffs due to last -minute payments ·Pay-by-Text: Allows customers to complete payment transactions from the convenience of their mobile device ·Secure e-Mail Delivery & Payment: securely receive, review, and send payment through their email ·Automatic alerts to customers, reminding them to make payment ·Real-time balance updates when online and IVR payments are made Page 1 City of Clearwater Printed on 12/10/2021 File Number: ID#21-10044 APPROPRIATION CODE AND AMOUNT: N/A Page 2 City of Clearwater Printed on 12/10/2021 Cayenta, A Division of N. Harris Computer Corporation Page 1 August 9th, 2021 City of Clearwater Attention: Procurement 100 S. Myrtle Ave. Clearwater Florida 33758-4748 RE: Sole Source provider of Full-Service EBPP with the Cayenta CIS Dear, Procurement Department This letter is to express our endorsement for Invoice Cloud, Inc. as a sole source provider of a full-service integrated EBPP solution for the City of Clearwater. Over the past 7 years, Invoice Cloud and Cayenta have invested our resources heavily into a partnership and real-time CIS integration. Our teams have worked closely to architect and deliver a seamless Single Sign On integration with Cayenta’s Customer Engagement Portals, integrated payments with Cayenta Utilities Cash Receipts, and a unique CSR tool called CSRConnect, giving your CSRs the ability to log in as a customer or take an initial payment or deposit for a customer before the first bill has been issued. In addition, Invoice Cloud is Cayenta’s only Electronic Bill Payment partner whose platform is built on SaaS (Software as a Service) for all aspects of the payment communication process, including presentment, payment processing, real-time reporting, and post-transaction response process. This means the city will always be on the latest and greatest edition of Invoice Cloud, avoiding costly customization requests or upgrade. Their platform has proven to be the best-in-class for driving digital e-payment adoption, reducing the time of implementations, and creating ‘paperless’ savings - all of which will benefit the city in saving both time and money. The combined solution we have built together provides a best-in-class experience for your customers and you the biller, with features including: ▪ Omni Channels – EBPP/IVR/Pay by Text/CloudPOSPay ▪ Real-time balance refresh from your Cayenta CIS for all balance data ▪ Level One PCI Security for all payment data including sensitive ACH (bank) Autopay ▪ Payment Processing/Remittance Data (Real-Time Updates to CIS – Data Pump) ▪ AutoPay Settings (Flags to CIS – Data Pump) ▪ Paperless Billing Settings (Flags to CIS – Data Pump) ▪ Embedded Single Sign-On (Real-time Portal Integration with Cayenta CEP) ▪ Billing and Payment History – Two Years Available Online If you require a more in-depth explanation of any part of this letter or would like more information, please do not hesitate to contact us. Sincerely, Kory Logan Vice President, Sales and Marketing klogan@cayenta.com 604-570-4300 x413 A division of N. Harris Computer Corporation 4200 North Fraser Way Phone: (604) 570-4300 Suite201, Burnaby B.C., Fax: (604) 291-0742 V5J 5K7, Canada Web: www.cayenta.com Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-10060 Agenda Date: 12/13/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Authorize a partial amendment and assignment of site license agreement between the City of Clearwater and the L3Harris Technologies, Inc, a Delaware corporation, as successor in interest to M/A-COM Private Radio Systems, Inc., on behalf of its affiliates and subsidiaries and the State of Florida, Department of Management Services, an agency of the State of Florida, where this partial assignment and amendment is agreed to by the City of Clearwater, a municipal corporation of the state of Florida, and authorize the appropriate officials to execute same. (consent) SUMMARY: In 2002, a Tower Agreement was signed and gave M/A-COM, now L3Harris, the right to use the city property for a communications tower that has been used as part of the Statewide Law Enforcement Radio System (SLERS). SLERS is the digital radio network that was built and maintained by L3Harris and its predecessors for the past 20 years and provides radio voice communications for state law enforcement officers as well as first responders from participating state and local agencies throughout the state. The original 2002 SLERS agreement between the State and L3Harris to own and operate SLERS for the benefit of the State ended in June 2021 and a new 15-year SLERS agreement was entered into in June between the State and L3Harris. Pursuant to the new SLERS agreement, L3Harris will continue to operate and maintain SLERS for the State. As part of the new agreement, L3Harris is also required to assign and transfer all tower leases (where L3Harris is a tenant) from L3Harris to the State which includes the Tower Agreement between the City and L3Harris. In addition to the Assignment of Tower Agreement, the City is being asked to join in and sign the Assignment of Lease document to amend the Tower Agreement to include provisions that must be in every State of Florida lease as required by Florida law to include: (1) creating the ability for the State to pay the leases in advance each month; (2) adding the contingency that funds must be appropriated each year by the State Legislature for the State to pay the Tower Agreement rent; (3) using Florida law as the governing law for the Tower Agreement; (4) noting that the State of Florida is self-insured for some insurance requirements; (5) adding the requirement for every State of Florida vendor contract that the vendor must cooperate with an Inspector General audit (if one is ever started); and (6) adding the new DMS contract manager information for notice purposes. Page 1 City of Clearwater Printed on 12/10/2021 File Number: ID#21-10060 Page 2 City of Clearwater Printed on 12/10/2021 1 PARTIAL ASSIGNMENT AND AMENDMENT OF SITE LICENSE AGREEMENT THIS PARTIAL ASSIGNMENT AND AMENDMENT OF SITE LICENSE AGREEMENT (this “Partial Assignment and Amendment”) is made as of ___________ ___, 2021, with an effective date nunc pro tunc of July 1, 2021, by and between L3HARRIS TECHNOLOGIES, INC., a Delaware corporation, as successor in interest to M/A-COM Private Radio Systems, Inc., on behalf of itself, its affiliates, and subsidiaries (“Assignor”), and the STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES, an agency of the State of Florida, (“Assignee”), and this Partial Assignment and Amendment is acknowledged and agreed to by City of Clearwater, a municipal corporation of the State of Florida. W I T N E S S E T H : WHEREAS, Assignor, as “tenant,” and City of Clearwater, as “landlord,” or their respective predecessors-in-interest, entered into one (1) Site License Agreement dated as of July 1, 2002 for use of the Dunedin site identified in Schedule 1 attached hereto and incorporated by reference herein (the “SLA”), under which Assignor licensed from City of Clearwater the use of certain tower and/or ground space to operate and maintain telecommunications equipment for the State of Florida Statewide Law Enforcement Radio System (“SLERS”) pursuant to the terms of that certain Service and Access Agreement by and between Assignor and Assignee dated September 28, 2000, as amended to date (the “SLERS Agreement”); and WHEREAS, on June 30, 2021, the SLERS Agreement expired and, in accordance with Line Item 2860 of the 2021-2022 General Appropriations Act (Chapter 2021-036, Laws of Florida), starting on July 1, 2021, Assignor and Assignee entered into a new contract, pursuant to which Assignor remains responsible for the management and operations of the SLERS network; and WHEREAS, in accordance with Chapters 2021-036 and 2021-037, Laws of Florida, Assignor desires to assign the SLA to Assignee, and Assignee desires to assume the SLA from Assignor as of July 1, 2021 (the “Effective Date” of the Partial Assignment and Amendment). NOW THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, Assignor, Assignee, and City of Clearwater hereby agree as follows: 1. Partial Assignment and Assumption of the SLA. Assignor hereby assigns, transfers, sets over, and conveys to Assignee, as of the Effective Date, all of Assignor’s right, title, and interest in, to, and under the SLA for use of the Dunedin site. Assignee hereby accepts the foregoing partial assignment of the SLA and assumes and agrees to perform and observe all of the obligations, covenants, terms, and conditions to be performed or observed by Assignor under the SLA, as modified herein, arising on and after the Effective Date for use of the Dunedin site. Assignor shall remain fully responsible to perform all of the obligations, covenants, terms, and conditions required to be performed by Assignor under the SLA before the Effective Date regarding the Dunedin site. 2 2. Missouri Road Site. The July 1, 2002 License Agreement between Landlord and Assignor also includes another site in Clearwater that Assignor leases from Landlord called the Missouri Road site. This document is called a Partial Assignment and Amendment of Site License Agreement because only the Dunedin site is used in the SLERS system and the SLA is only being assigned to Assignee for Assignee’s use of the Dunedin site. The Missouri Road site is not used in the SLERS system and the SLA assignment to Assignee does not include any use of the Missouri Road site by Assignee. Assignor shall remain fully responsible to perform all of the obligations, covenants, terms, and conditions required to be performed by Assignor under the July 1, 2002 License Agreement before and after the Effective Date regarding the Missouri Road site. The Primary Term of the July 1, 2002 License Agreement ends on September 30, 2022. Thereafter, any site license agreement regarding the Dunedin site or the Missouri Road site shall contain mutually agreed upon terms and conditions and shall be a separate agreement entered into between Landlord and either Assignee for use of the Dunedin site or Assignor for use of the Missouri Road site. 3. Further Acts. Assignor, Assignee, and City of Clearwater shall, at any time and from time to time, upon the reasonable request of the other, take all such further actions as shall be reasonably necessary to give effect to the transaction contemplated herein. 4. No Third Party Benefitted. This Partial Assignment and Amendment is made for the purpose of defining and setting forth certain obligations, rights, and duties of Assignor, Assignee, and City of Clearwater in connection with the SLA and use of the Dunedin site. It is made for the sole protection of and benefit to Assignor, Assignee, and City of Clearwater. No other person or party shall have any rights of any nature hereunder or by reason hereof. 5. Counterparts. This Partial Assignment and Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument, with the same effect as if all parties had signed the same signature page. 6. SLA Amendments. Schedule 2, Additional State of Florida Terms and Conditions attached hereto shall be appended to and amend the SLA for the Dunedin site identified in Schedule 1. In the event of conflict between Schedule 2 and the SLA regarding the Dunedin site, Schedule 2 shall take precedence. Limited changes to the SLA terms are included in Schedule 2. The Assignee and City of Clearwater shall review the SLA after execution of this Partial Assignment and Amendment to determine if other modifications to the SLA for the use of the Dunedin site are warranted, as mutually agreed upon. 7. Specific Appropriation. The specific appropriation from which the Assignee will make payments for the first year of the SLA is Line Item 2860A of the 2021-2022 General Appropriations Act (Chapter 2021-036, Laws of Florida). 8. Miscellaneous. This Partial Assignment and Amendment shall be binding upon and inure to the benefit of Assignor, Assignee, and City of Clearwater, and their respective successors and assigns; shall be governed by and construed in accordance with the laws of the State of Florida; 3 and shall not be modified or amended in any manner other than by a written agreement signed by the Assignor, Assignee, and City of Clearwater. IN WITNESS WHEREOF, Assignor, Assignee, and City of Clearwater have duly executed this Partial Assignment and Amendment of Site License Agreement as an instrument under seal as of the day and year first above written. ASSIGNOR: L3HARRIS TECHNOLOGIES, INC., a Delaware corporation By: ________________________________ Name: ______________________________ Title: ______________________________ Date: _______________________________ ASSIGNEE: STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES, an agency of the State of Florida By: ________________________________ Name: ______________________________ Title: ______________________________ Date: _______________________________ Lori A. Rodriguez Director, Contracts November 23, 2021 4 LESSOR/LICENSOR: City of Clearwater, Florida, a Municipal corporation of the state of Florida By: ________________________________ By: ________________________________ Name: Frank V. Hibbard Name: Jon Jennings Mayor City Manager REVIEWED AND APPROVED: ATTEST: _____________________________________ ____________________________________ Name: Matthew J. Mytych, Esq. Name: Rosemarie Call Assistant City Attorney City Clerk (SEAL) 5 SCHEDULE 1 SCHEDULE OF City of Clearwater SITE LICENSE AGREEMENT Column 1 Column 2 L3Harris Site Name L3Harris Site ID No. DUNEDIN 08A8 SCHEDULE 2 5 ADDITIONAL STATE OF FLORIDA TERMS AND CONDITIONS FOR LESSEE’S USE OF THE DUNEDIN SITE 1. Interpretation and Transfer. As used in this Schedule 2, the term “Lessor” refers to City of Clearwater, the term “Lessee” refers to the State of Florida, Department of Management Services, and the term “Lease” refers to the SLA identified in Schedule 1. In the event of conflict between a Lease and this Schedule 2 regarding the use of the Dunedin site, this Schedule 2 shall take precedence. Nothing contained herein shall alter the relationship established between the parties nor the character of the Lease, nor shall the use of the terms “Lease,” “Lessor,” and “Lessee” alter the relationship, except to the extent required by the terms and conditions below. In the event a Lease is assigned or transferred to an entity that is not an agency or subdivision of the State of Florida, this Schedule 2 shall terminate. 2. Amendment to the Lease. The following provisions supplement and modify the terms of the Lease for the use of the Dunedin site: a. Invoices to the Lessee shall be paid in advance and in accordance with section 215.422, Florida Statutes (F.S.), and Lessor can contact the Vendor Ombudsman at (850) 413-5516 if Lessor is having trouble obtaining timely payments. Lessor shall provide Lessee with an invoice by email to divtel.invoices@dms.fl.gov prior to the time payment is due. Invoices that are not submitted to this email address shall not be deemed submitted to the Lessee. b. Pursuant to section 255.2502, F.S., the State of Florida's performance and obligation to pay under the Lease is contingent upon an annual appropriation by the Legislature. c. The Lease will be governed by and construed in accordance with the laws of the State of Florida. Exclusive jurisdiction and venue for suit arising under the terms of the Lease will be in the appropriate State court located in Leon County, Florida. Except as otherwise provided by law, the parties agree to be responsible for their own attorney’s fees incurred in connection with disputes arising under the terms of the Lease. d. For purposes of all required insurance, Lessee, as an agency of the State of Florida, may satisfy such obligations by self-insuring, pursuant to sections 440.38 and 768.28, F.S. Proof of self-insurance shall be available upon request. e. The Lessor understands its, and its subcontractors (if any), duty, pursuant to section 20.055(5), F.S., to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. f. The Liability of Lessor and Lessee shall be governed by §768.28(19), F.S. g. The Lessee’s Lease manager is: Luis Lopez Division of Telecommunications Department of Management Services 4030 Esplanade Way, Suite 180 Tallahassee, Florida 32399-0950 Telephone: (850) 414-2606 Email: luis.lopez@dms.fl.gov Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-10067 Agenda Date: 12/13/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Approve an agreement with Pinellas County Supervisor of Elections to conduct the City’s March 15, 2022 General Election, in the amount of $141, 532.88, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater contracts the Pinellas County Supervisor of Elections (SOE) to conduct its elections. The SOE is responsible for the hiring and training of poll workers, voting equipment, ballots, and publishing the Canvassing Board Meeting/Testing Schedule. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 0109700 530100, Supervisor of Elections 2022 General Election, to fund this contract. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 12/10/2021 Pinellas County Supervisor of Elections Page 1 of 9 City of Clearwater RV 11-19-21 13001 Starkey Rd., Largo, FL 33773 • (727) 464-6108 • VotePinellas.gov Contract for Conducting Municipal Election City of Clearwater Municipal General Election – March 15, 2022 WHEREAS, the City/Town has requested the assistance of the Office of the County Supervisor of Elections (Supervisor) in conducting its General Election; and WHEREAS, the Supervisor is agreeable to providing such assistance to the City/Town subject to the following conditions, considerations and agreements arrived at between the parties; IT IS HEREBY AGREED AS FOLLOWS: GENERAL PROVISIONS The election is to be conducted under any applicable ordinances of the City/Town and all sections of Chapters 97-106, Florida Statutes (F.S.) (the State Election Code). The City/Town is responsible for all legal notices. It is understood that the Supervisor is in charge of the election, and that the County Canvassing Board is responsible for canvassing the election (no cost to the City/Town). The City/Town may have a designated representative in the canvassing board room. This designee may only serve in an “observer” capacity and may not participate in the canvassing of the election. The County Canvassing Board will determine whether a recount is required and advise the City/Town. The County Canvassing Board will certify the election results and will provide a Certificate of Election to the City/Town (ONE Certificate of Election will include all elections held on the same day). The Certificate of Election will be provided to the City/Town after the County Canvassing Board certifies the official election results. The post-election manual audit may not begin until the Canvassing Board has certified the official election results. The City/Town is responsible for the costs associated with conducting an annexation election (mapping annexation areas, reassigning addresses, and mailing new voter information cards). The City/Town is responsible for the costs associated with any legal action or contest of election arising from this election. The City/Town, the Supervisor of Elections and the County Canvassing Board agree that the County Attorney’s Office will represent the Supervisor of Elections and County Canvassing Board in any legal action concerning the canvass or certification of the election. Contract for Conducting Municipal Election Pinellas County Supervisor of Elections Page 2 of 9 City of Clearwater RV 11-19-21 It is understood that the provisions of this contract are based on current state law, and if any changes in election law should occur during the period of this agreement, those changes will supersede the terms of this contract where applicable. The City/Town will provide the Supervisor with the current City/Town definition/boundaries and include a list of ALL annexations (actual list of addresses) since your last election, no later than 5:00 p.m., December 31, 2021. It is the responsibility of the City/Town to ensure the Supervisor has the current definition/boundary information so all eligible voters can participate in the City/Town’s election. The City/Town agrees that NO changes to the City/Town definition/boundaries will be made effective between 5:00 p.m., December 31, 2021, and Midnight, March 15, 2022. Contact the IT Department at (727) 464-4958 or SOEIT@VotePinellas.gov for all questions concerning annexations and for providing annexation information (City/Town definition/boundary changes). This contract must be signed by the City/Town and received by the Supervisor no later than the ballot language deadline of 5:00 p.m., December 31, 2021. The Supervisor will certify to the City/Town the number of registered voters for this election approximately ten days prior to the election. ELECTION INFORMATION Election Title: Municipal General Elections Election Date: March 15, 2022 Voter Registration Deadline: February 14, 2022 SPECIAL PROVISIONS *The City/Town Clerk MUST be available from 5:00 a.m. to 10:00 p.m. on Election Day/Night. City/Town Clerk: Rosemarie Call *Election Day Cell Phone: (727) 224-2351 Alternate Phone: (727) 562-4092 Email: rosemarie.call@myclearwater.com Mailing Address: P.O. Box 4748, Clearwater FL 33758 Contract for Conducting Municipal Election Pinellas County Supervisor of Elections Page 3 of 9 City of Clearwater RV 11-19-21 TRANSLATION (Spanish – Section 203, Voting Rights Act) (Dustin Chase - 464-4988) • Pinellas County is a jurisdiction covered by Section 203 of the Voting Rights Act and must provide language assistance (Spanish). ALL municipalities within Pinellas County are also covered by Section 203 of the Voting Rights Act. • Full compliance is a requirement for all jurisdictions (County and Municipal). This means that all information directed to voters or otherwise concerning voting-connected activities must be provided in both English and Spanish. This includes, but is not limited to, voter registration, legal advertisements and/or other notices, forms, voting instructions and procedures at the polls or otherwise, polling place signage, any printed voter information guides or website information concerning elections, communication assistance at the polls and election offices and communication with the jurisdiction’s minority language community. The obligations and requirements apply to all elections conducted by the City/Town. • Questions concerning your legal obligations/requirements to comply with Section 203, Voting Rights Act should be directed to your legal counsel. BALLOT INFORMATION (Wendy Grimes - 464-4987) • Final Ballot Language is due no later than 5:00 p.m., December 31, 2021 and must include all qualified opposed candidates and resolutions and/or ordinances with ballot questions. • All ballot language must comply with Florida Statutes 101.161(1) and the Uniform Ballot Rule (1S-2.032). • Using the Ballot Language Submittal Form – Complete required information. Include information and Candidate Oaths for ONLY qualified opposed candidates in ballot order. All Charter Amendments and/or Referendum Questions with SIGNED/APPROVED Ordinances/Resolutions must include numbering for ballot order and English and Spanish translated text. • Scan and email ballot language to Wendy Grimes at WGrimes@VotePinellas.gov by the final ballot language deadline. BALLOT LAYOUT/PRINTING (David Wise - 464-4958) • The Supervisor is responsible for creating the ballot (ballot layout will comply with Florida Statutes and the Uniform Ballot Rule). • The City/Town is responsible for approving the City/Town’s portion of ballot. • Precinct ballots will be printed by the Supervisor. The Supervisor will bill the City/Town 22 cents per ballot card (includes ground shipping charges). The Supervisor will bill the City/Town 23 cents per ballot card for duplex (front/back) ballot cards. The Supervisor will bill the City/Town for any required expedited shipping charges. Contract for Conducting Municipal Election Pinellas County Supervisor of Elections Page 4 of 9 City of Clearwater RV 11-19-21 • Provisional ballots (minimum of 25 ballots per precinct) will be printed by the Supervisor; the Supervisor will bill the City/Town 22 cents per ballot card. The Supervisor will bill the City/Town 23 cents per ballot card for duplex (front/back) ballot cards. The Supervisor will bill the City/Town for any required expedited shipping charges. • If the City/Town requires a ballot change after ballots are printed, the City/Town is responsible for additional costs. CANDIDATE AUDIO RECORDING (Nicole Sokolowski/David Wise - 464-4958) The deadline for candidates to record their names and office titles for the audio ballot is 5:00 p.m., January 7, 2022. It is the responsibility of the City/Town to notify City/Town candidates of this deadline. Candidates must call (727) 453-3293; a voice message will prompt the candidate to record his/her name as indicated on the Candidate Oath and the office for which the candidate is running. MAIL BALLOTS (Martin Munro - 464-6788) • The Supervisor will bill the City/Town $1.57 for each mail ballot kit used in initial mailing (return postage included). • The Supervisor will bill the City/Town $1.99 for each mail ballot kit used for daily mailing. • The deadline for mailing military/overseas ballots is January 29, 2022; at least 45 days prior to the election [F.S. 101.62(4)(a)]. • Mailing Schedule for domestic ballots will begin no earlier than February 3, 2022 and no later than February 10, 2022 [F.S 101.62(4)(b)]. • After the initial mailings, ballots will be mailed as requests are received. The deadline to request a ballot be mailed is 5:00 p.m. March 5, 2022; the tenth day prior to the election. [F.S. 101.62] • The City/Town will provide voting assistance in assisted living facilities and nursing homes, if requested, per F.S. 101.655. • Duplicate and test ballots will be printed by the Supervisor; the Supervisor will bill the City/Town 38 cents per ballot card. LEGAL NOTICES (Dustin Chase - 464-4988) • The City/Town is responsible for ALL legal notices required by State Statute and by City/Town Charter/Ordinance, with the exception of the County Canvassing Board Meeting/Testing Schedule. • The Supervisor will publish the County Canvassing Board Meeting/Testing Schedule at no cost to the City/Town. • The Supervisor will provide the City/Town a County Canvassing Board Meeting/Testing Schedule, Polling Place List, Polling Place Changes list and Sample Ballot. Contract for Conducting Municipal Election Pinellas County Supervisor of Elections Page 5 of 9 City of Clearwater RV 11-19-21 TESTING THE BALLOT COUNTING EQUIPMENT (David Wise - 464-4958) The County Canvassing Board will certify test results of the ballot counting equipment and file the election parameters with the Division of Elections. All tests will be performed at the Election Service Center, 13001 Starkey Road, Largo. CANVASSING BOARD MEETING SCHEDULE (Dustin Chase - 464-4988) • The Supervisor will publish the Canvassing Board Meeting/Testing Schedule at no cost to the City/Town. • All Canvassing Board Meetings will take place at the Election Service Center, 13001 Starkey Rd., Largo. • A Canvassing Board Schedule will be emailed to the City/Town Clerk as an addendum. • The Canvassing Board will modify the schedule as needed based on the number of mail ballots received. Updates to the canvassing board schedule will be posted to the Supervisor’s website. CANVASSING MAIL BALLOTS (Martin Munro - 464-6788) The Supervisor, in the presence of the County Canvassing Board will open and prepare mail ballots for tabulation at the Election Service Center. Questionable ballots will be presented to the County Canvassing Board for decision. Florida Statute 101.68(2) allows for the canvassing of mail ballots to begin 22 days prior to the election. PROVISIONAL BALLOTS (Martin Munro - 464-6788) • The Supervisor will research each provisional ballot to determine the voter’s eligibility and will present the provisional ballots to the County Canvassing Board for decision. • Voters casting a provisional ballot have two days after Election Day to provide written proof of eligibility to the County Canvassing Board. The deadline for this election is 5:00 p.m., March 17, 2022 [F.S. 101.048]. • All provisional ballots will be canvassed at the Election Service Center. POLL WATCHERS (Wendy Grimes - 464-4987) • Election Day poll watcher designations must be submitted to the City/Town by NOON, March 1, 2022 (Prior to noon on the second Tuesday preceding Election Day [F.S. 101.131(2)]). The City/Town will email or fax all poll watcher designation forms to Wendy Grimes at WGrimes@VotePinellas.gov or (727) 464-6970 or by 5:00 p.m. March 1, 2022 and the Supervisor will verify whether they are Pinellas County registered voters. • The Supervisor will furnish a list of approved poll watchers to the City/Town by 5:00 p.m. March 8, 2022 (on or before the Tuesday before Election Day [F.S. 101.131(2)]). Contract for Conducting Municipal Election Pinellas County Supervisor of Elections Page 6 of 9 City of Clearwater RV 11-19-21 • Each poll watcher must wear an identification badge while performing his or her duties [F.S. 101.131(5)]. • Poll watchers shall produce identification to the precinct clerk upon entering the polling place (this information will be verified against a list of designated poll watchers compiled prior to election day). • The Supervisor of Elections shall provide to each designated poll watcher a poll watcher identification badge that identifies the poll watcher by name. OVER-THE-COUNTER BALLOT PICKUP AND DROP-OFF (Martin Munro - 464-6788) • In-office ballot pickup and drop-off will be available in each Supervisor of Elections Office, Monday through Friday from 8:00 am until 5:00 pm (no holidays) beginning 43 days prior to the date of the election. • The City/Town, pursuant to F.S. 101.657(1)(e), has opted out of conducting early voting. VOTING EQUIPMENT AND SUPPLIES (Brian Fulton - 464-6109) • The Supervisor will contract with a moving company to transport the voting equipment and supplies to and from polling locations. Cost is the responsibility of the City/Town and will be billed by the Supervisor. • Supplies not transported by the moving company will be picked up by the precinct clerks after Clerks’ Class at the Election Service Center. • The Supervisor will contract to have paper precinct registers for Election Day printed by a vendor and will bill the City/Town. These paper precinct registers are a “back-up system” to the electronic poll book system and will be included in the polling place supplies sent to each polling place. POLL WORKERS (Jeff Mendes - 464-6110) • The Supervisor will recruit, assign, train, and compensate ALL poll workers. • A Deputy Sheriff will deputize the poll deputies. • Poll workers setting up the voting machines the day before the election will be paid an additional $15 each. Machine Managers will be paid an additional $10 for returning election materials on election night. The rates below include these costs. • Poll workers that are unable to work Election Day but attended class(es) will be compensated for class attended (amount varies by position). Contract for Conducting Municipal Election Pinellas County Supervisor of Elections Page 7 of 9 City of Clearwater RV 11-19-21 Poll Worker Pay Rates: Precinct Clerk Assistant Clerk $220 + $30 for classes (2) + $15 Equipment Setup = $265 $170 + $20 for class (1) + $15 Equipment Setup = $205 Machine Manager $150 + $10 per class (1) + $15 Equipment Setup + $10 EM Return Site = $185 Ballot Distribution Mgr. $140 + $10 per class (1) = $150 Inspector $140 + $10 per class (1) = $150 Poll Deputy $140 + $10 per class (1) = $150 POLLING PLACES (Linda Cahill - 464-6110) • The Supervisor will select, contract with and compensate polling places [F.S. 101.715]. • The Supervisor will pay polling places and bill the City/Town. • The Supervisor will give each Precinct Clerk a cell phone to use Election Day. • If polling place changes are needed, the Supervisor will notify the City/Town in writing, listing the precincts and polling location changes by February 13, 2022 (at least 30 days prior to the election). POLLING PLACE CHANGE NOTICES (David Wise - 464-4958) • If notices are needed, the Supervisor will provide the names and addresses of the affected voters to the vendor; one per household, unless otherwise indicated by the city/town. • The City/Town will be responsible for making all necessary arrangements with the vendor to have the notices printed and mailed, including notice design. The Supervisor will only be responsible for proofing live samples of the household address, precinct number and polling place information. o Notices must be mailed by March 1, 2022 (at least 14 days prior to the election). The City/Town pays the vendor directly. The City/Town is responsible for publishing any polling place changes in a newspaper of general circulation [F.S. 101.71(2)]. ELECTION NIGHT PROCEDURES (Dustin Chase - 464-4988) • The Supervisor will have unofficial election results modemed from the polling places to the Election Service Center. • The Supervisor will have the precinct scanner memory sticks, voted precinct and provisional ballots, and election supplies transported to the Election Service Center. • Results will be released throughout the night and posted to the Supervisor’s website (VotePinellas.gov). The Supervisor will provide unofficial results on election night. Contract for Conducting Municipal Election Pinellas County Supervisor of Elections Page 8 of 9 City of Clearwater RV 11-19-21 • Campaign Signs – If candidates wish to reuse their campaign signs left at the polls on Election Day, the signs must be collected by campaign staff prior to poll workers removing and disposing of them after the polls close. It is the responsibility of the City/Town to communicate this information to their candidates. AFTER ELECTION DAY (Dustin Chase - 464-4988) • Provisional ballots will be canvassed. All ballots accepted by the County Canvassing Board will be processed and added to the election night results to produce Official Election Results. Provisional ballots cannot be rejected until after the deadline for provisional ballot voters to provide written proof of eligibility [F.S. 101.048]. • The County Canvassing Board will certify the election results and will provide a Certificate of Election to the City/Town (ONE Certificate of Election will include all elections held on the same day). This document will be provided to the City/Town via email after the County Canvassing Board certifies the official election results. • The County Canvassing Board will conduct a post-election manual audit in accordance with F.S. 101.591 and Division of Elections Administrative Rule 1S-5.026. The Supervisor will post the required post-election audit notices to the Supervisor’s website and at each election office. The Supervisor will provide a copy of the notices via email to the City/Town to post at City/Town Hall (and website, if applicable). The Supervisor will post the final post- election audit report to the Supervisor’s website and will provide to the City/Town a copy of the report, via email, to post to the City/Town website, if applicable, after the County Canvassing Board completes the audit. • Election materials will remain sealed at the Election Service Center for ten days after certification of the election. The City/Town will be notified when all election materials are ready to be picked up. DATA ORDERS (David Wise/Nicole Sokolowski - 464-4958) The City/Town is to place data orders directly with an IT staff member by contacting (727) 464-4958 or SOEIT@VotePinellas.gov. VOTER HISTORY (David Wise/Nicole Sokolowski - 464-4958) When voter history is completed, the City/Town may download the names of those who voted at VotePinellas.gov. Contract for Conducting Municipal Election Pinellas County Supervisor of Elections Page 9 of 9 City of Clearwater RV 11-19-21 ELECTION COSTS (Susan Morse - 464-6108) • In addition to specific costs noted in this contract, the City/Town will pay an administration fee of 40 cents per registered voter; the minimum charge is $400. • The City/Town will be provided an invoice based on election cost estimates. Payment must be received no later than 5:00 p.m., December 31, 2021. After the election, based on actual election costs, the Supervisor will reimburse the City/Town for unused funds or provide the City/Town with an invoice for additional costs incurred. By affixing their signatures hereto, the parties acknowledge each to the other that they have full authority to enter into this Contract. APPROVED: APPROVED: OFFICE OF THE PINELLAS COUNTY SUPERVISOR OF ELECTIONS CITY/TOWN MANAGER MUNICIPAL CLERK Print name: Print name: Date: Date: APPROVED AS TO FORM: REVIEWED AND APPROVED: OFFICE OF THE PINELLAS COUNTY ATTORNEY CITY/TOWN ATTORNEY Print name: Print name: Date: Date: ATTEST TO: MUNICIPAL CLERK CITY/TOWN MANAGER Print name: Date: Invoice Date 10/13/2021 Invoice # 14558 Bill To City of Clearwater Attn: City Clerk P. O. Box 4748 Clearwater, FL 33758-4748 Pinellas County Supervisor of Elections13001 Starkey Road Largo, FL 33773 Terms Net 90 Project Total Balance Due Phone: 727-464-6108 Fax: 727-453-3058 P.O. No. DescriptionQuantity Rate Amount Clearwater Municipal Election March 15, 2022 Election Administration Fee (79,417 Registered Voters) 79,417 0.40 31,766.80 Polling Place Rent17 93.82 1,594.94 Poll Workers153 170.56 26,095.68 Equipment Delivery180 45.00 8,100.00 Precinct Registers17 16.32 277.44 Precinct Ballots20,000 0.22 4,400.00 Provisional Ballots425 0.22 93.50 Duplicate Ballots85 0.38 32.30 Test Ballots170 0.38 64.60 ExpressVote - ADA Voting Equipment Test Ballots 2,250 0.12 270.00 Mail Ballot Kits (Initial Mailing) (Nonprofit Bulk Postage Rate & Return Postage Included) 41,232 1.57 64,734.24 Mail Ballot Kits, Replacements2,062 1.99 4,103.38 $141,532.88 $141,532.88 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9516-21 2nd rdg Agenda Date: 12/13/2021 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9516-21 on second reading, vacating public right-of-way described as that certain portion of North Osceola Avenue lying west of the west boundary of Block 2, Jones’ Subdivision of Nicholson’s Addition to Clearwater Harbor as recorded in Plat Book 1, Page 19 of the Public Records of Hillsborough County, of which Pinellas County was formerly a part, and lying east of the e3ast boundary of Block 1 of said Jones’ Subdivision of Nicholson’s Addition to Clearwater Harbor, and lying east of the east boundary of a portion of Lot B, Clovis C. Lutz Subdivision as recorded in Plat Book 35, Page 76 of the Public Records of Pinellas County, Florida. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/10/2021 [RE15-1313-080/279725/1] 1 Ord. No. 9516-21 ORDINANCE NO. 9516-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING PUBLIC RIGHT-OF-WAY DESCRIBED AS THAT CERTAIN PORTION OF NORTH OSCEOLA AVENUE LYING WEST OF THE WEST BOUNDARY OF BLOCK 2, JONES’ SUBDIVISION OF NICHOLSON’S ADDITION TO CLEARWATER HARBOR AS RECORDED IN PLAT BOOK 1, PAGE 13, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORDIA, OF WHICH PINELLAS COUNTY WAS FORMERLY A PART; AND LYING EAST OF THE EAST BOUNDARY OF BLOCK 1, OF SAID JONES’ SUBDIVISION OF NICHOLSON’S ADDITION TO CLEARWATER HARBOR, AND LYING EAST OF THE EAST BOUNDARY OF A PORTION OF LOT B, CLOVIS C. LUTZ SUBDIVISION AS RECORDED IN PLAT BOOK 35, PAGE 76, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of certain real property adjoining that portion of right-of-way described herein and depicted in Exhibit “A” (attached hereto and incorporated herein), has requested that the city vacate said right-of-way; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said right- of-way is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The right-of-way described as follows: See Exhibit “A” Is hereby vacated, closed, and released, and the City of Clearwater releases all of its right, title and interest thereto, contingent upon, and subject to the following: 1. City of Clearwater hereby reserves a drainage and utility easement under, over, across and through the property described in Exhibit “A” (attached hereto and incorporated herein), for the installation and maintenance of any and all [RE15-1313-080/279725/1] 2 Ord. No. 9516-21 2. public utilities. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ________________________________ ________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk LOT 2, BLOCK 1 JONE'SSUBDIVISION OF NICHOLSON'SADDITION TO CLEARWATER HARBOR PLAT BOOK 1 PAGE 13 PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA LOT A CLOVIS C. LUTZ SUBDIVISION PLAT BOOK 35 PAGE 76 LOT B CLOVIS C. LUTZ SUBDIVISION PLAT BOOK 35 PAGE 76 POINT OF BEGINNING SE CORNER LOT 2 BOUNDARY - TOPOGRAPHIC - CONSTRUCTION STAKEOUT NO. 21008 REVISIONSSKETCH & LEGAL PROJECT NO. DRAWING# BY SURVEYOR'S CERTIFICATE DESCRIPTIONDATE KYLE McCLUNG DESCRIPTION ESMT LEGAL DESCRIPTION: A PORTION OF LAND LYING IN SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS: BEGIN AT THE SOUTHEAST CORNER OF LOT 2, BLOCK 1 JONE'S SUBDIVISION OF NICHOLSON'S ADDITION TO CLEARWATER HARBOR PLAT BOOK 1 PAGE 13 PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA THENCE N01°15'14"E ALONG THE WEST RIGHT-OF-WAY LINE OF NORTH OSCEOLA AVENUE, A DISTANCE OF 110.00 FEET; THENCE S89°34'57"E, A DISTANCE OF 39.90 FEET; THENCE S01°15'14"W ALONG THE EAST RIGHT-OF-WAY LINE OF NORTH OSCEOLA AVENUE, A DISTANCE OF 110.00 FEET; THENCE N89°34'57"W, A DISTANCE OF 39.90 FEET TO THE POINT OF BEGINNING. CONTAINING 4388.23 SQUARE FEET OR 0.101 ACRES, MORE OR LESS. PROPOSED PUBLIC DRAINAGE AND UTILITY EASEMENT DREW ST JONES ST N FORT HARRISON AVE N OSCEOLA AVE N OSCEOLA AVE 0 00280400300 398400 424200300 221 401AERIAL MAP Proposed Right-of-Way Vacation ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB TM N.T.S.277B 09-29s-15e11/09/21Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Proposed Right-of-Way VacationN Osceola Avenue Document Path: C:\Users\James.Benwell\City of Clearwater\Engineering Geographic Technology - GIS\Engineering\Location Maps\PropOsceolaROWVac.mxd Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9517-21 Agenda Date: 12/13/2021 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 11.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9517-21 on second reading, vacating public right-of-way described as that certain portion of State Street abutting Lot 11 and Lot 18 of E.A. Marshall Subdivision as recorded in Plat Book 3, Page 44 of the Public Records of Pinellas County, Florida. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/10/2021 [RE15-1313-080/279728/1] 1 Ord. No. 9517-21 ORDINANCE NO. 9517-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING PUBLIC RIGHT-OF-WAY DESCRIBED AS THAT CERTAIN PORTION OF STATE STREET ABUTTING LOT 11 AND LOT 18 OF E.A. MARSHALL SUBDIVISION AS RECORDED IN PLAT BOOK 3, PAGE 44 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater (“City”), as owner in fee title of certain real property adjoining that portion of right-of-way described herein and depicted in Exhibit “A” (attached hereto and incorporated herein), has requested that the City vacate said right-of- way; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said right- of-way is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The right-of-way described as follows: See Exhibit “A” Is hereby vacated, closed, and released, and the City of Clearwater releases all of its right, title and interest thereto, contingent upon, and subject to, the City’s fee simple interest therein, which is expressly reserved hereby, and the following conditions precedent: 1. The City of Clearwater shall grant easements to Duke Energy Florida, Inc. (doing business as “Duke Energy”), Bright House Networks, LLC, Verizon Florida, Inc., and Knology of Central Florida (doing business as WOW!), as requested by each entity, the location and terms of which are acceptable to the respective utility providers and the City. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. [RE15-1313-080/279728/1] 2 Ord. No. 9517-21 PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ________________________________ ________________________________ Laura Lipowski Mahony Rosemarie Call Senior Assistant City Attorney City Clerk STATE ST. 38' R/W N. BETTY LN.60' R/WSUNSET POINT RD. R/W VARIES Steven s o n C r e e k Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot14 Lot 13 Lot 12 Lot 11 Lot 10 Lot 18 Lot 6Lot 7Lot 8Lot 9 Lot 11Lot 12 Lot 19Lot 9 Clearwater Village Phase One-A Plat Book 135, Page 6 E.A.Marshall Subdivision Plat Book 3, Page 44 E.A.Marshall Subdivision Plat Book 3, Page 44 Lange's Replat of Brown's Subdivision Plat Book 24, Page 74 Lot 18 A 30' Right-of-Way Vacation described as follows: All Right-of-Way of State Street abutting Lot 11 and Lot 18 of E.A. Marshall Subdivision, as recorded in Plat Book 3, Page 44 of the Public Records of Pinellas County, FL. This is not a survey N.T.S. Legal Description OFCITY OF CLEARWATER ENGINEERING DEPARTMENT Exhibit "A' State Street 30' Right-of-Way VacationKieffer Nyland Tom Mahony 10/20/2021 Lgl_2021-10 1 1 3 29S 15E N BETTY LN STATE ST SUNSET POINT RD FREEDOMDR1 9 4 819561952 1968 1962 13301964 1923 13311971 1966 1960 1970 13601925 13291969 13021927 13271318134013001314130412991 9 5 4 1928 1 9 5 0 1918 1972 1952 1950 1974 1914 1942 1920 1932 AERIAL MAP Proposed Right-of-Way Vacation ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB TM N.T.S.251B 03-29s-15e11/09/21Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Proposed Right-of-Way VacationState Street Document Path: C:\Users\James.Benwell\City of Clearwater\Engineering Geographic Technology - GIS\Engineering\Location Maps\PropStateStROWVac.mxd STATE STREET PARK STATE STREET PARK Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-10036 Agenda Date: 12/13/2021 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 14.1 SUBJECT/RECOMMENDATION: PSTA/Forward Pinellas Update - Councilmember Allbritton SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/10/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9945 Agenda Date: 12/13/2021 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 18.1 SUBJECT/RECOMMENDATION: December Service Awards SUMMARY: 5 Years of Service Barry Robinson Public Utilities 10 Years of Service Matthew Carter General Services Stuart Miller Planning & Development Deborah Humes Fire 15 Years of Service Lloyd Simmons Parks & Recreation 20 Years of Service Jarred Stiff Police Joel Morley Police John Bennett Police Timothy Downes Police Steve Salagaras Fire Kris Familiari Fire Mark Viola Fire Corey Lenczden Police Lisa Friday Gas Billie Kirkpatrick Human Resources James Phelps Police 30 Years of Service Chrisann Gerakios Police 40 Years of Service Antonio Tambone Engineering/Stormwater Page 1 City of Clearwater Printed on 12/10/2021