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04/04/2022Monday, April 4, 2022 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 April 4, 2022Council Work Session Work Session Agenda 1. Call to Order 2. Economic Development and Housing Approve the Community Development Block Grant - Coronavirus Program Agreement between the City of Clearwater and Homeless Leadership Alliance of Pinellas, Inc. in the amount of $104,441.47 and authorize the appropriate officials to execute same. (consent) 2.1 Approve an Interlocal Agreement between the City of Clearwater, the City of Clearwater Community Redevelopment Agency (CRA), Pinellas County, and the Clearwater Housing Authority to provide for revenue sharing and the redevelopment of 306 S Washington Avenue, and authorize the appropriate officials to execute same. (consent) 2.2 3. Finance Approve settlement of workers’ compensation claim 21-000039, Jason Goiran, for payment of $200,000, inclusive of attorney fees and costs with a general release of all claims, and authorize the appropriate officials to execute same. (consent) 3.1 Amend Clearwater Code of Ordinances, Section 2.527, Settlement of Claims, to increase the City Manager or his/her designee authority to settle and release, on behalf of the City, any claim or lawsuit, both for and against the City and pass Ordinance 9560-22 on first reading.. 3.2 4. Gas System Approve an Annual General Permit, in the amount of $2,813, with Pinellas County to construct and maintain natural gas facilities and authorize the appropriate officials to execute same. (consent) 4.1 Approve a Utility Work by Highway Contractor Agreement with the State of Florida Department of Transportation to place out of service and remove natural gas mains during a road improvement project on US Highway 19, from State Road 580 to Northside Drive, at an estimated cost of $188,886.61, and authorize the appropriate officials to execute same. (consent) 4.2 Approve a Utility Work by Highway Contractor Agreement with the State of Florida Department of Transportation to place out of service and remove natural gas mains during a road improvement project on US Highway 19, from Northside Drive to County Road 95, at an estimated cost of $155,393.70, and authorize the appropriate officials to execute same. (consent) 4.3 Page 2 City of Clearwater Printed on 3/31/2022 April 4, 2022Council Work Session Work Session Agenda Accept a Gas Utility Easement from Largo East Bay OMV LLC, for the construction, installation, and maintenance of gas utility facilities on real property located at 4445 East Bay Drive, Suite 307, Clearwater FL, 33764. (consent) 4.4 Accept a Gas Utility Easement from Imperial Palms Apartments Limited Partnership, for the construction, installation, and maintenance of gas utility facilities on real property located at 101 Imperial Palm Drive, Largo FL, 33771. (consent) 4.5 5. Parks and Recreation Approve a purchase order to Emerald Facility Management of St. Petersburg, FL, for pressure washing and cleaning services of city hardscaping in the total annual not to exceed amount of $175,000.00 for one year with two, one-year renewal options, pursuant to Invitation to Bid #12-22, and authorize the appropriate officials to execute same. (consent) 5.1 Approve a Purchase Order to Wesco Turf, Inc., of Sarasota, FL, for the purchase of landscape maintenance equipment, in an amount of $120,827.66 pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback, and 2.563(1)(d), non-competitive purchase, and authorize the appropriate officials to execute same. (consent) 5.2 6. Police Department Approve an increase to purchase order 21000893 to Prison Rehabilitation Industries and Diversified Enterprises (PRIDE) dba Pride Enterprises for the repainting of three command vehicles in the amount of $30,063.00 for a new total of $153,808.00 in accordance with Clearwater Code of Ordinances Section 2.563(1)(d), Non-competitive purchase, and authorize the appropriate officials to execute same. (consent) 6.1 Approve an increase to the purchase order for Axon Enterprise, Inc., of Scottsdale, AZ, in the amount of $30,400.00, from $131,892.27 to $162,292.27, for the purchase of Axon Signal Units and Axon Signal Unit Cable Assemblies in accordance with Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback; and authorize the appropriate officials to execute same. (consent) 6.2 Approve an Event License Agreement between Jones Lang LaSalle Americas, Inc, in its capacity as agent for the owner of the premises known as Countryside Mall, located at 27001 US Highway 19 North, Clearwater, Florida, and the City of Clearwater Police Department for the purpose of hosting an Operation Shred and Medicine Take Back Event on April 30, 2022, located at the Countryside Mall, and authorize the appropriate officials to execute same. (consent) 6.3 Page 3 City of Clearwater Printed on 3/31/2022 April 4, 2022Council Work Session Work Session Agenda 7. Engineering Approve Supplemental Work Order Two to Engineer of Record Stantec Consulting Services, Inc., of Tampa, Florida, per Request for Qualifications (RFQ) 26-19, Engineer of Record Consulting Services, for the Lift Station 16 Pierce Street Rehab project (20-0008-UT) in the amount of $132,990, increasing the work order from $447,574 to $580,564, and authorize the appropriate officials to execute same. (consent) 7.1 Approve the final plat for Bayside Pointe whose physical address is 2481 Druid Road East located ¼ mile west of US Highway 19 North. (consent) 7.2 Approve the final plat for Sharkey Townhomes whose physical address is 2444 Sharkey Road located 640 feet west of Old Coachman Road. (consent) 7.3 8. Planning Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3065 Cleveland Street, and pass Ordinances 9549-22, 9550-22, and 9551-22 on first reading. (ANX2022-01004) 8.1 Continue to a date uncertain: Approve the annexation, initial Future Land Use Map designation of US 19-Neighborhood Center (US 19-NC) and initial Zoning Atlas designation of US 19 for two unaddressed parcels along US Highway 19 North, and pass Ordinances 9561-22, 9562-22, and 9563-22 on first reading. (ANX2021-12020) 8.2 9. Information Technology Authorize the piggyback of Omnia Contract Number MA3458, to CDW-G, of Vernon Hills, IL, in the amount of $656,241.24, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Exceptions to Bid - Piggyback or Cooperative Purchasing, and authorize the appropriate officials to execute same. (consent) 9.1 Authorize the piggyback of Florida State Contract 4323000-NASPO-16-ACS-SVAR, Software Value Added Reseller (SVAR) Services, to Carahsoft, Reston, VA, in the amount of $271,618.60, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), piggyback or cooperative purchasing, and authorize the appropriate officials to execute same. (consent) 9.2 Page 4 City of Clearwater Printed on 3/31/2022 April 4, 2022Council Work Session Work Session Agenda Approve a contract to First Arriving, LLC of Ashland, VA for digital signage and dashboard software and installation services in the amount of $175,000.00 for the period of April 01, 2022 through March 31, 2025 pursuant to Request for Proposal (RFP) 01-22, Digital Signage Solution, and authorize the appropriate officials to execute same. (consent) 9.3 10. Solid Waste Authorize purchase orders to multiple vendors as listed, for various plumbing replacement and repair parts, in the cumulative annual not-to-exceed amount of $425,000.00 through the expiration of vendors respective term of contract or January 24, 2025, whichever comes first, pursuant to Clearwater Code of Ordinances Section 2.561(5) Small purchases, Section 2.563(1)(b) Micro purchases, and Section 2.563(1)(c) Piggyback purchasing and authorize the appropriate officials to execute same. (consent) 10.1 11. Official Records and Legislative Services Elect a Councilmember to serve as Vice Mayor.11.1 Appoint Councilmembers to Regional and Miscellaneous Boards.11.2 Appoint a member to the countywide Opioid Abatement Funding Advisory Board. 11.3 Appoint a member to the Sister Cities Advisory Board as the business community representative for an unexpired term through March 31, 2024. 11.4 Appoint a member to the Community Development Board to serve as the Alternate Member for a term to expire April 30, 2026. 11.5 12. Legal Authorize the City Attorney to hire GrayRobinson, P.A. to represent the City and Joseph Roseto in the matter of Nathaniel Brooks v. City of Clearwater and Joseph Roseto, Civil Action No. 8:21-CV-02967-SDM-TGW, approve the Legal Services Agreement for an initial amount not to exceed $50,000, and authorize the appropriate officials to execute same. (consent) 12.1 Request for authority to settle the case of SCI Pelican Walk, LLC v. City of Clearwater, et al., Case No. 21-4719-CI, and authorize the appropriate officials to execute associated settlement documents. (consent) 12.2 Page 5 City of Clearwater Printed on 3/31/2022 April 4, 2022Council Work Session Work Session Agenda Approve the third amendment to the Legal Services Agreement with the law firm of Manson Bolves Donaldson Varn to extend the term of the agreement through February 28, 2027 and authorize the appropriate officials to execute same. (consent) 12.3 Adopt Ordinance 9515-22 on second reading, amending the future land use element of the Comprehensive Plan to encourage development of affordable and missing middle housing; amending the coastal management element to update the coastal storm area and hurricane storm surge maps; adopting a new Comprehensive Plan element, the property rights element, creating a new goal, objective and policies following statutory language in accordance with House Bill 59 (2021)., amending the future land use element of the Comprehensive Plan to encourage development of affordable and missing middle housing; amending the coastal management element to update the coastal storm area and hurricane storm surge maps; adopting a new Comprehensive Plan element, the property rights element, creating a new goal, objective and policies following statutory language in accordance with House Bill 59 (2021)., amending the future land use element of the Comprehensive Plan to encourage development of affordable and missing middle housing; amending the coastal management element to update the coastal storm area and hurricane storm surge maps; adopting a new Comprehensive Plan element, the property rights element, creating a new goal, objective and policies following statutory language in accordance with House Bill 59 (2021). 12.4 Adopt Ordinance 9523-22 on second reading, annexing certain real properties whose post office addresses are 2306 and 2322 Anna Avenue, all in Clearwater, Florida 33765 into the corporate boundaries of the city and redefining the boundary lines of the city to include said addition. 12.5 Adopt Ordinance 9524-22 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 2306 and 2322 Anna Avenue, all in Clearwater, Florida 33765, upon annexation into the City of Clearwater as Residential Low (RL). 12.6 Adopt Ordinance 9525-22 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 2306 and 2322 Anna Avenue, all in Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 12.7 Adopt Ordinance 9528-22 on second reading, designating certain real property located at 900 North Fort Harrison Avenue, formerly known as the North Ward School, as a historic property under Community Development Code Section 4-607. 12.8 Page 6 City of Clearwater Printed on 3/31/2022 April 4, 2022Council Work Session Work Session Agenda Adopt Ordinance 9531-22 on second reading, annexing certain real properties whose post office addresses are 1819 Diane Drive and 2704 South Drive, all in Clearwater, Florida 33759 into the corporate boundaries of the city and redefining the boundary lines of the city to include said addition. 12.9 Adopt Ordinance 9532-22 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 1819 Diane Drive and 2704 South Drive, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater as Residential Low (RL) and Residential Medium (RM). 12.10 Adopt Ordinance 9533-22 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 1819 Diane Drive and 2704 South Drive, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR) and Medium Density Residential (MDR). 12.11 Adopt Ordinance 9534-22 on second reading, annexing certain real property whose post office address is 1944 Calumet Street, Suite B, Clearwater, Florida 33765, together with certain right-of-way of Calumet Street into the corporate boundaries of the city and redefining the boundary lines of the city to include said addition. 12.12 Adopt Ordinance 9535-22 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1944 Calumet Street, Suite B, Clearwater, Florida 33765, upon annexation into the City of Clearwater as Industrial General (IG). 12.13 Adopt Ordinance 9536-22 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1944 Calumet Street, Suite B, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Industrial, Research and Technology (IRT). 12.14 Adopt Ordinance 9537-22 on second reading, annexing certain real property whose post office address is 2635 Woodring Drive, Clearwater, Florida 33759 into the corporate boundaries of the city and redefining the boundary lines of the city to include said addition. 12.15 Adopt Ordinance 9538-22 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2635 Woodring Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater as Residential Low (RL). 12.16 Page 7 City of Clearwater Printed on 3/31/2022 April 4, 2022Council Work Session Work Session Agenda Adopt Ordinance 9539-22 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2635 Woodring Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 12.17 Adopt Ordinance 9543-22 on second reading, annexing certain unaddressed real property located on the east side of the road known as The Mall approximately 620 feet south of Union Street, in Clearwater, Florida 33755 into the corporate boundaries of the city and redefining the boundary lines of the city to include said addition. 12.18 Adopt Ordinance 9544-22 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain unaddressed real property located on the east side of the road known as The Mall approximately 620 feet south of Union Street, in Clearwater, Florida 33755, upon annexation into the City of Clearwater as Residential Urban (RU). 12.19 Adopt Ordinance 9545-22 on second reading, amending the Zoning Atlas of the city by zoning certain unaddressed real property located on the east side of the road known as The Mall approximately 620 feet south of Union Street, in Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 12.20 Adopt Ordinance 9546-22 on second reading, annexing certain real property whose post office address is 1930 Ashland Drive, Clearwater, Florida 33763 into the corporate boundaries of the city and redefining the boundary lines of the city to include said addition. 12.21 Adopt Ordinance 9547-22 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1930 Ashland Drive, Clearwater, Florida 33763, upon annexation into the City of Clearwater as Residential Low (RL). 12.22 Adopt Ordinance 9548-22 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1930 Ashland Drive, Clearwater, Florida 33763, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 12.23 Adopt Ordinance 9558-22 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2022, to reflect increases and decreases in revenues and expenditures for the General Fund, Special Program Fund, Parking Fund, and Administrative Services Fund. 12.24 Page 8 City of Clearwater Printed on 3/31/2022 April 4, 2022Council Work Session Work Session Agenda Adopt Ordinance 9559-22 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2022, to reflect a net decrease of $26,403,885. 12.25 Continue to a date uncertain: Adopt Ordinance 9561-22 on second reading, annexing two certain unaddressed parcels along US Highway 19 North into the corporate boundaries of the City of Clearwater and redefining the boundary lines of the city to include said addition. 12.26 Continue to a date uncertain: Adopt Ordinance 9562-02 on second reading, amending the future land use element of the comprehensive plan of the city, to designate the land use for certain unaddressed real properties located on the east side of US Highway 19 North, approximately 1,170 feet south of Sunset Point Road, upon annexation into the city of clearwater, as US 19-Neighborhood Center (US 19-NC). 12.27 Continue to a date uncertain: Adopt Ordinance 9563-02 on second reading, amending the zoning atlas of the city by zoning certain unaddressed real properties located on the east side of US Highway 19 North, approximately 1,170 feet south of Sunset Point Road, all in Clearwater, Florida 33759, upon annexation into the city of Clearwater, as US 19. 12.28 13. City Manager Verbal Reports 14. City Attorney Verbal Reports 15. Council Discussion Item Continuum of Care Update - Councilmember Beckman15.1 16. 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). 17. Closing Comments by Mayor 18. Adjourn 19. Presentation(s) for Council Meeting Oath of Office to Councilmembers19.1 April Service Awards19.2 Page 9 City of Clearwater Printed on 3/31/2022 April 4, 2022Council Work Session Work Session Agenda National Library Week Proclamation - April 3 - 9, 2022 - Jennifer Obermaier Library Director 19.3 Education and Sharing Day 2022 Proclamation - Rabbi Levi Hodakov, Director Chabad of Clearwater 19.4 National Donate Life Month, April 2022 - Erika Flores, Public Affairs Coordinator 19.5 Arbor Day Proclamation - Jim Halios, Parks and Recreation Director19.6 Forward Pinellas Update Presentation - Chair Cookie Kennedy and Executive Director Whit Blanton 19.7 Page 10 City of Clearwater Printed on 3/31/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0274 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 2.1 SUBJECT/RECOMMENDATION: Approve the Community Development Block Grant - Coronavirus Program Agreement between the City of Clearwater and Homeless Leadership Alliance of Pinellas, Inc. in the amount of $104,441.47 and authorize the appropriate officials to execute same. (consent) SUMMARY: Under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), $1,351,560 of Community Development Block Grant - Coronavirus program funding (CDBG-CV) was directly allocated to the City of Clearwater for use within eligible programs to address community and housing impacts arising from the COVID-19 pandemic. The Homeless Leadership Alliance of Pinellas, Inc. (HLA) has submitted a grant application to the City of Clearwater for the use of $104,441.17 in CDBG-CV funds to perform housing navigation services to citizens of Clearwater. The HLA submitted a similar application to the City of Largo and plans to hire staffing for this effort whose services and related costs will be shared among the two cities. Staff supported by this agreement (Housing Navigators) will perform outreach to landlord/property managers to locate and secure appropriate housing opportunities. The Housing Navigators assist with application submissions and helping the tenants to understand the lease requirements. HLA will administer the financial relocation assistance for this project. This subrecipient agreement will be funded with CDBG-CV funds and will have no impact on the City’s General Fund. Economic Development and Housing staff will monitor HLA’s performance under the subrecipient agreement to ensure compliance with agreement terms and funding-source regulations. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 3/31/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0283 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 2.2 SUBJECT/RECOMMENDATION: Approve an Interlocal Agreement between the City of Clearwater, the City of Clearwater Community Redevelopment Agency (CRA), Pinellas County, and the Clearwater Housing Authority to provide for revenue sharing and the redevelopment of 306 S Washington Avenue, and authorize the appropriate officials to execute same. (consent) SUMMARY: The purpose of this item is to request approval of the Interlocal Agreement associated with the forthcoming development agreement for 306 South Washington Avenue and to serve as a companion to Agenda Item 4.1 approved by the Board of Trustees of the City of Clearwater Community Redevelopment Agency on March 14, 2022. The 306 South Washington project is a 171-unit mixed income apartment development, a minimum of 260-space parking garage with tenant amenities including a pool, dog walking area, two playgrounds, exercise room and community room. There is a mixture of 1-bedroom (725 sq. ft.) units and 2-bedroom (925 sq. ft.) units. There will be 18 affordable units at 80% of Area Median Income (AMI), 49 units at 100% of AMI and 104 workforce units at 120% of AMI. This mixed income housing project is a high priority for the City, CRA and Pinellas County to meet the significant need for workforce housing and downtown redevelopment goals. Without additional financial subsidy, this project cannot move forward. Staff believes the best option is to transfer ownership to the Clearwater Housing Authority (CHA) who has the expertise to manage a mixed income property and has proposed a revenue sharing agreement. Additionally, all revenues generated by the CHA must be spent to further their mission of providing affordable housing. Mixed income projects like these provide a continuous source of revenue to construct and maintain affordable housing without relying on federal, state, or local subsidies. The proposed Interlocal agreement is a multi-party agreement including the Clearwater Community Redevelopment Agency (CRA), the City of Clearwater (City), Pinellas County (County) and the CHA. The agreement outlines each parties funding commitments to the project, the long-term ownership of the project site and public parking and the revenue sharing arrangement between the CHA and the other parties. Terms of the Interlocal Agreement affecting the City are as follows: ·The City agrees to contribute an $880,000 loan using HOME Investment Partnership Program funds made available by the United States Department of Housing & Urban Development. ·The CHA will pay 50% of the Net Surplus Revenues of the Project up to, but not exceeding, an amount equal to $400 per unit which shall be paid to the City ($100 per Page 1 City of Clearwater Printed on 3/31/2022 File Number: ID#22-0283 unit), the CRA ($100 per unit) and the County ($200 per unit); If, during the term of this Agreement, the CRA ceases to exist, the City’s portion of the annual payment shall be increased to include what would have been the CRA’s share. As proposed, this would be an annual payment of $68,400. ·Payment will begin after the first year of stabilization of the project meaning occupancy levels of 95% for a period of six months. Payments will be made on an annual basis. Other notable terms affecting the remaining parties include the following: ·The CRA will sell the project site to the Pinellas County Land Trust for $3,460,000 and will reinvest the proceeds into the construction of the project. The Land Trust will enter into a long-term lease agreement with the Clearwater Housing Authority. ·The CHA and the Developer will construct and manage the project in accordance with the terms adopted in the development agreement with the CRA. This includes the provision of 40 spaces for public parking. The agreement cannot be assigned unless approved by all parties and income restrictions shall be maintained. ·The CHA will participate in revenue sharing if there is net surplus after all loan obligations, administrative fees and maintenance costs are met. “Net Surplus Revenues of the Project” shall mean the net cash income of the Project after the payment of all operating expenses (including management fee of not in excess of 6%), funding or replenishment of operating, debt service (including redemption of bonds issued for the construction of the Project) and replacement reserves for the Project. ·50% of the Net Surplus Revenues of the Project shall be retained by the CHA and used for any purpose consistent with Chapter 421, Florida Statutes. There is a significant need for affordable and workforce housing in Pinellas County and in Clearwater. This project is a public/private partnership that can deliver a high quality, mixed income apartment development that will remain financially sustainable ensuring affordable housing for decades into the future. APPROPRIATION CODE AND AMOUNT: HOME Investment Partnership Program funding is available in fund 683 for the proposed loan. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 3/31/2022 [MU21-9311-062/285519/1] 1 INTERLOCAL AGREEMENT This Interlocal Agreement ("Agreement") is made as of ______________ (“the Effective Date”), by and between PINELLAS COUNTY, a political subdivision of the State of Florida (“County”), the CITY OF CLEARWATER, a municipal corporation (“City”), the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of the State of Florida created pursuant to Part III, Chapter 163, Florida Statutes ("Agency"), and the CLEARWATER HOUSING AUTHORITY, a quasi-municipal corporation created pursuant to Chapter 421, Florida Statutes ("CHA"). W I T N E S S E T H: WHEREAS, the Agency was created to implement the community redevelopment activities in the Florida Community Redevelopment Act of 1969 codified at Chapter 163, Part III, Florida Statutes; and WHEREAS, § 163.380(1), Florida Statutes provides that a community redevelopment agency may sell, lease, dispose of, or otherwise transfer real property or any interest acquired in the real property for community development in a community redevelopment area to any private person; and WHEREAS, § 163.380(2), Florida Statutes provides that such real property shall be sold, leased, or otherwise transferred at a value determined to be in the public interest and that if the value of such real property is disposed for less than fair value, such disposition shall require the approval of the governing body at a duly noticed public hearing; and WHEREAS, § 163.380(3)(a), Florida Statutes provides that prior to disposition of such real property the community redevelopment agency must give notice of disposition by publication in a newspaper having a general circulation in the community and invite proposals from private redevelopers or any persons interested in undertaking to redevelop or rehabilitate a community redevelopment area or any part thereof; and WHEREAS, on April 17, 2020 the Agency released Request for Proposals #53-20 by publication in a newspaper having a general circulation in Clearwater, Florida requesting proposals to redevelop the real property commonly referred to as 306 South Washington Avenue, Clearwater, FL 33756 (“the Land”) for a mixed-use or apartment development with a focus on workforce and market rate housing, the opportunity for shared parking to serve surrounding restaurant/retail businesses, construction to begin in 2021 and ample outdoor amenity space; and WHEREAS, SP CLEARWATER WFH, LLC, a Florida limited liability company (“the Developer”) submitted a proposal for redevelopment of the real property as an apartment development with a focus on workforce and market rate housing on September 10, 2020 (“the Project”); and [MU21-9311-062/285519/1] 2 WHEREAS, representatives of the Agency and the City of Clearwater met on September 18, 2020 to evaluate the Project and to make a recommendation to the Agency of whether to accept or reject the Project; and WHEREAS, representatives of the Agency and the City of Clearwater recommended approval the Developer’s proposal; and WHEREAS, on August 28, 2020 the Developer applied for Penny IV Pinellas funds to assist with the construction and development of the Project; and WHEREAS, on ______________ the County accepted the Developer’s Penny IV Pinellas funds application and awarded the Developer $______________ to assist with the construction and development of the Project; and WHEREAS, it has become apparent that for the approved plan for the development of the Project will not provide result in long-term financial stability for the operations of the Project; and WHEREAS, the City, the CRA and the County agree that the Project is needed to alleviate the significant shortage of affordable housing in the City; and WHERAS, the CHA has agreed to take over the development of the Project and operate and manage the Project for the benefit of the CHA, the City, the Agency and the County; and WHEREAS, the development of the Project and the operation and management of the Project by the CHA is in the best interests of the City, the Agency and the County and will serve a paramount public purpose through the development of sustainable affordable housing in the City; and WHEREAS, all parties to this Agreement agree that there is a need for the Project and that the parties further desire for the CHA to become the owner and manager of the Project; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: 1. Public Need and Purpose. The parties acknowledge and agree that this Agreement satisfies, fulfills, and is pursuant to and for a paramount public purpose and municipal purpose and that the Project is in the public interest, and is a proper exercise of the County’s, the City’s, the Agency's, and CHA’s power and authority under Chapters 125, 166, 163, and 421, Florida Statutes, respectively. 2. Transfer of the Land; Restrictions. The Agency agrees to transfer the Land to a land trust created by the County for the purchase price of $3,460,000.00. The County agrees to enter into a ground lease with the CHA (or its affiliated entity) pursuant to a ground lease [MU21-9311-062/285519/1] 3 agreement between the parties that is acceptable to the County, the City, the CHA and the Agency and containing terms consistent with the County land trust program as applied to ground leases to public entities, including public housing authorities and their affiliates. 3. County. Agency and City Contributions to the Project. The County agrees to contribute the Penny IV Pinellas funds toward the construction and development of the Project. The City agrees to contribute a $880,000.00 HOME loan toward construction and development of the Project. The Agency agrees to contribute the proceeds from the sale of the Land to the land trust toward the construction and development of the Project. 4. Development Agreement; Assignment. It is anticipated that the Agency and the CHA will enter into a development agreement with the Developer for construction and development of the Project. 5. Ad Valorem Exemption; Net Surplus Revenue Sharing. Pursuant to Chapter 423, Florida Statutes, the Project will be exempt from ad valorem taxation for so long as the CHA owns the Project. The parties further agree that the Net Surplus Revenues of the Project (defined below) will be shared among the CHA, the City, the Agency and the County as follows: a. 50% of the Net Surplus Revenues of the Project, up to but not exceeding an amount equal to $400 per unit shall be paid to the City ($100 per unit), the Agency ($100 per unit) and the County ($200 per unit); provided that in the event Net Surplus Revenues of the Project are insufficient in any year to make full payment, the respective amounts payable to the City, the Agency and the County shall be reduced proportionately. If, during the term of this Agreement, the Agency ceases to exist, the City’s portion of the annual payment shall be increased to include what would have been the Agency’s share. b. 50% of the Net Surplus Revenues of the Project shall be retained by the CHA and used for any purpose consistent with Chapter 421, Florida Statutes For purposes hereof, the term “Net Surplus Revenues of the Project” shall mean the net cash income of the Project after the payment of all operating expenses (including management fee of not in excess of 6%), funding or replenishment of operating, debt service and replacement reserves for the Project, required payment of debt service (including redemption of bonds issued for the construction of the Project). Notwithstanding the foregoing, payments under this Section shall be further limited to the extent necessary to comply with any covenants required in connection with the financing of the Project, including minimum debt service coverage and liquidity requirements. Payments to be made under this Section shall be due and payable within [60] days of the completion of the annual financial statements for the Project (which may be part of the CHA’s annual financial statements) with payments commencing after completion of the first full year following stabilization of the Project (meaning attaining [MU21-9311-062/285519/1] 4 a debt service coverage ratio of at least 1.15 and occupancy levels of 95% for a period of [six months]). The CHA shall provide annually to the City, the Agency and the County a copy of the annual financial statements of the Project and the calculation of the payments to be made at the time of each payment. 6. Public Use of Certain Parking Spaces. The Project will consist of a minimum of 40 parking spaces open to the public during business hours. The parties therefore agree that for the term of this agreement, a minimum of 40 parking spaces on the Land will be open to the public between the hours of 8:00 a.m. and 8:00 p.m. Monday through Sunday. 7. Declaration of Restrictive Use as Affordable Housing. The parties agree that for the term of this agreement, the Land will be used as an affordable housing project which the parties agree means a [171-unit] apartment complex with restricted as follows: 18 apartment units available for lease to tenants having incomes at 80% Area Median Income (“AMI”) or less; 49 apartment units available for lease to tenants having incomes at 100% AMI or less; 104 apartment units available for lease to tenants having incomes at 120% AMI or less, in each case adjusted for family size. AMI shall be established by income statistics reported from time to time by the U. S. Department of Housing and Urban Development or such other entity which may succeed to perform the duties of the U.S. Department of Housing and Urban Development. Notwithstanding the foregoing, it shall not be a violation of this provision if at any given point in time the unit mix does not meet these requirements due to vacancies and no unit shall be required to remain vacant in order to satisfy the foregoing requirements, it being the intention of the parties that the Project maintain a 95% occupancy rate. The CHA agrees to use its best efforts to manage occupancy at or in excess of the desired income level restrictions. 8. Term; Recordation. The term of this Agreement shall be perpetual unless sooner terminated by mutual agreement of the parties; provided, however, that the provisions of Section 5, 6 and 7 shall expire and no longer be of any force or effect, on the 30th anniversary of the Effective Date. The parties agree that after this Agreement has been fully executed, the Agency may record it in the Official Records of Pinellas County, Florida. 9. Successors and Assigns. The terms of this Agreement shall bind and inure to the benefit of the County, and its successor and assigns; the City, and its successors and assigns; the Agency, and its successors and assigns; and the CHA, and its successors and assigns. 10. Severability. If any term, provision, or condition contained this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision, or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 11. Notices. All notices, demands, requests for approvals, or other communications [MU21-9311-062/285519/1] 5 given by either party to another shall be in writing, and shall be sent by registered or certified mail, postage prepaid, return receipt requested or by overnight courier service, or by hand delivery to the office for each party indicated below and addressed as follows: To the County: 315 Court Street, #501 Clearwater, Florida 33756 Attention: County Manager, County Attorney To the City: P.O. Box 4748 Clearwater, Florida 33758 Attention: City Manager, City Attorney To the CRA: P.O. Box 4748 Clearwater, Florida 33758 Attention: Executive Director, CRA Attorney To the CHA: 28050 US Hwy 19 N, #103 Clearwater, Florida 33761 Attention: Chief Executive Officer, General Counsel 12. Notice of Default and Opportunity to Cure. Upon occurrence of an alleged default by any party, the other party shall deliver written notice to the party allegedly in default that identifies the specific nature of the alleged default. The party receiving such notice shall have 30 days within which to cure the alleged default; provided, however, that if the alleged default is of such nature that it cannot be reasonably cured within 30 days, the party allegedly in default shall have such additional time as may be reasonably necessary to cure the alleged default, so long as within said period, the alleged defaulting party commences the cure and diligently prosecutes such cure until completion. 13. Applicable Law; Construction. The laws of the State of Florida shall govern the validity, performance, and enforcement of this Agreement. This Agreement has been negotiated by the County, the City, the Agency, and the CHA, and the Agreement shall not be deemed to have been prepared by any one party, but by all equally. 14. Venue; Submission to Jurisdiction. For purposes of any suit, action, or other proceeding arising out of or relating to this Agreement, the parties hereto do acknowledge, consent, and agree that venue thereof is Pinellas County, Florida. Each party to this Agreement hereby submits to the jurisdiction of the State of Florida, Pinellas County and the [MU21-9311-062/285519/1] 6 courts thereof and to the jurisdiction of the United States District Court for the Middle District of Florida, for the purposes of any suit, action, or other proceeding arising out of or relating to this Agreement and hereby agrees not to assert by way of a motion as a defense or otherwise that such action is brought in an inconvenient forum or that the venue of such action is improper or that the subject matter thereof may not be enforced in or by such courts. 15. Complete Agreement; Amendments. This Agreement, and all the terms and provisions contained herein constitute the full and complete agreement between the parties hereto to the date hereof and supersedes and controls over any and all prior agreements, understandings, representations, correspondence, and statements, whether written or oral. Any provisions of this Agreement shall be read and applied in para materia with all other provisions hereof. This Agreement cannot be changed or revised except by written amendment signed by all parties hereto. 16. Assignability. Neither this Agreement nor any right, remedy, obligation, or liability arising hereunder or by reason hereof shall be assignable by any party without the prior written consent of all other parties to the Agreement. 17. Captions. The captions of this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any article, section, subsection, paragraph, or provision hereof. IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of the ________day of _________, 2022. COUNTY PINELLAS COUNTY, FLORIDA By: __________________________ Charlie Justice Chairperson Approved as to form: Attest: ________________________ ______________________________ Anne Morris Ken Burke Assistant County Attorney Clerk of the Circuit Court [MU21-9311-062/285519/1] 7 CITY THE CITY OF CLEARWATER, FLORIDA By: __________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ________________________ ______________________________ Michael P. Fuino Rosemarie Call Senior Assistant City Attorney City Clerk AGENCY COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: __________________________ Frank V. Hibbard Chairperson Approved as to form: Attest: ________________________ ______________________________ Michael P. Fuino Rosemarie Call Attorney for City Clerk Community Redevelopment Agency CHA CLEARWATER HOUSING AUTHORITY By: __________________________ Caitlein Jammo Chairperson [MU21-9311-062/285519/1] 8 Approved as to form: ________________________ Sandy MacLennan General Counsel Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0306 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Approve settlement of workers’ compensation claim 21-000039, Jason Goiran, for payment of $200,000, inclusive of attorney fees and costs with a general release of all claims, and authorize the appropriate officials to execute same. (consent) SUMMARY: Mr. Goiran was hired on April 26, 2021 in Engineering as a Traffic Sign and Marketing Technician. On May 27, 2021 he suffered a serious burn injury to his right foot while striping a parking lot. He was unable to return to work and placed on total temporary disability benefits . Mr. Goiran was medically discharged from employment on October 5, 2021. The City has spent approximately $204,219 in total for medical treatment, legal and investigative costs, and disability payments to-date. The City faces potential estimated payments of $100,000 for future treatment of his condition. His potential disability payments could reach $1.2 million lifetime. With additional legal and investigative costs that could reach $10,000, the City’s potential exposure is projected at approximately $1.3 million in future medical care, disability payments, and legal fees. On January 13, 2022, this claim was settled at a State Mediation for $200,000. Claimant counsel has agreed to accept this offer. The Risk Management Division; the outside attorney for the City of Clearwater, Mark Hungate with Banker Lopez Gassler, P.A.; and the City’s Claims Committee recommend approval of this settlement. Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund. APPROPRIATION CODE AND AMOUNT: 059007590-545800 $200,000 Page 1 City of Clearwater Printed on 3/31/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9560-22 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Finance Agenda Number: 3.2 SUBJECT/RECOMMENDATION: Amend Clearwater Code of Ordinances, Section 2.527, Settlement of Claims, to increase the City Manager or his/her designee authority to settle and release, on behalf of the City, any claim or lawsuit, both for and against the City and pass Ordinance 9560-22 on first reading.. SUMMARY: The proposed ordinance will revise the City Manager, or designee, authority to settle and release, on behalf of the City, any claim or lawsuit, both for and against the City, up to and including $100,000, which is an increase from its current amount of $50,000. Also, to approve that any settlement that exceeds $25,000 (currently $15,000) shall be reviewed by the City Attorney and/or designee and any claim that exceeds $50,000 (currently $25,000) shall require unanimous written concurrence of the City Manager, City Attorney and Risk Manager or their designees. The Risk Management Division of the Finance Department respectfully requests the revision of this Ordinance to allow for settlement of claims to be more efficient and to acknowledge that current claims settlement authorization levels are not sufficient in light of rising legal and settlement costs. By increasing the current settlement authority in place, it will allow the following: ·Greater flexibility for Risk Management and the Claims Committee to settle claims quicker, therefore reducing workload, claims severity and legal expenses. ·Reduce the amount of time for review and for the approval of these settlements arising from one on one’s with Council Members, presentations at Council Work Sessions and Council Meetings. Risk Management believes the recommended changes to this ordinance will increase the efficiency of our Council Work Sessions, Claims Committee Meetings, and Risk Management Specialists, and provide a financial benefit of reducing claims severity and legal payments. Page 1 City of Clearwater Printed on 3/31/2022 ORDINANCE NO. 9031 -17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING CHAPTER 2, SECTION 2.527, CODE OF ORDINANCES, RELATING TO SETTLEMENT OF CLAIMS, TO INCREASE THE AMOUNT OF SETTLEMENT AUTHORIZATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the settlement authorization extended to the city manager, the risk manager and staff has not been increased since 1980; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Chapter 2, Section 2.527, Code of Ordinances is amended to read as follows: Sec. 2.527. - Settlement of claims. 1) The city manager or his /her designee is authorized to settle and release, on behalf of the city, any claim or lawsuit both for and against the city, up to and including $257008,00 $50,000.00; provided, however, that any settlement that exceeds $7 00.00 $15,000.00 shall be reviewed by the city attorney and /or designee and any claim that exceeds W7000.00 $25,000.00 shall require unanimous written concurrence of the city manager, city attorney and risk manager or their designees. 2) Delegation of settlement authority. The city manager may delegate the authorization to settle claims pursuant to subsection (1) of this section to other city employees as the city manager may deem appropriate. 3) City council approval of settlements. Any proposed settlement of any claim resulting in non - reimbursed expenditure of city funds that exceeds $25 00.00 50,000.00, shall first be approved by the city council before the settlement can become final and binding upon the city. Section 2. This ordinance shall take effect immediately upon adoption. Ordinance No. 9031 -17 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: City Attorney MAY 4 - 2017 MAY 1 7 2017 C(tatQA cretkof George N. Cretekos Mayor Attest: Rosemarie Call City Clerk 2 Ordinance No. 9031 -17 Ordinance No. 9560-22 ORDINANCE NO. 9560-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING CHAPTER 2, SECTION 2.527, CODE OF ORDINANCES, RELATING TO SETTLEMENT OF CLAIMS, TO INCREASE THE AMOUNT OF SETTLEMENT AUTHORIZATION, PROVIDING AN EFFECTIVE DATE. WHEREAS, the settlement authorization extended to the city manager, the risk manager and staff has not been increased since 1980 2017; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 2.527, Code of Ordinances is amended to read as follows: Sec. 2.527. - Settlement of claims. (1) The city manager or his/her designee is authorized to settle and release, on behalf of the city, any claim or lawsuit both for and against the city, up to and including $50,000 $100,000.00; provided, however, that any settlement that exceeds $15,000 $25,000.00 shall be reviewed by the city attorney and/or designee and any claim that exceeds $25,000 $50,000.00 shall require unanimous written concurrence of the city manager, city attorney and risk manager or their designees. (2) Delegation of settlement authority. The city manager may delegate the authorization to settle claims pursuant to subsection (1) of this section to other city employees as the city manager may deem appropriate. (3) City council approval of settlements. Any proposed settlement of any claim resulting in non-reimbursed expenditure of city funds that exceeds $50,000 $100,000.00, shall first be approved by the city council before the settlement can become final and binding upon the city. Section 2. This ordinance shall take effect immediately upon adoption. Ordinance No. 9560-22 2 PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ____________________________ ____________________________ David Margolis Rosemarie Call City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0289 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve an Annual General Permit, in the amount of $2,813, with Pinellas County to construct and maintain natural gas facilities and authorize the appropriate officials to execute same. (consent) SUMMARY: This permit will allow Clearwater Gas System (CGS) to install and maintain natural gas mains and service lines within the Pinellas County right-of-way that are placed more than five feet from the back of curb or edge of road pavement. This permit covers regular and recurring activities and specifies the construction standards for installation of our gas infrastructure. All other gas work outside the scope of this General Permit will require a Specific Utilization Permit for each job/project prior to commencement. Pinellas County experienced delays in providing the updated General Permit to CGS, which typically starts at the beginning of the fiscal year (i.e., October). Therefore, this permit will become effective on April 8, 2022 and expire on October 1, 2022. Section five of this General Permit contains language that indemnifies Pinellas County against any damage claims resulting from negligence caused by CGS. However, the City’s limitation and protection under Section 768.28 of the Florida Statutes is not waived. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 3/31/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0292 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Approve a Utility Work by Highway Contractor Agreement with the State of Florida Department of Transportation to place out of service and remove natural gas mains during a road improvement project on US Highway 19, from State Road 580 to Northside Drive, at an estimated cost of $188,886.61, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Florida Department of Transportation (FDOT) has a project (ID #256774-2-52-01) to improve US Highway 19, from north of SR 580 (MAIN ST) TO NORTHSIDE DR, located in Pinellas County. This will involve the removal and/or place out of service including grouting of approximately 16,144 feet of gas main (size from 1 in. to 4 in.), which is in conflict with the planned road project. Under the Utility Work By Highway Contractor Agreement (UWHCA), the FDOT general contractor will perform the removal of 15,431 feet of gas main and place out of service 713 feet, to including grouting, of our existing natural gas mains. A replacement gas main will be installed by Clearwater Gas System’s sub-contractor prior to the State removing our existing main. Having the FDOT general contractor remove the natural gas mains allows for work to be done in a timely manner and releases Clearwater Gas System from penalty payments in the event we cause delays on the pipe removal. APPROPRIATION CODE AND AMOUNT: Funding for this agreement is budgeted and available in capital project 3237323-96374 (Line Relocation Pinellas - Capitalized). USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 3/31/2022 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (LUMP SUM) Page 1 of 5 Form No. 710-010-57 UTILITIES 07/14 Financial Project ID: 256774-2-52-01 Federal Project ID: Financial Project ID: 256774-2-52-02 Financial Project ID: Financial Project ID: County: Pinellas State Road No.: 55 District Document No: Utility Agency/Owner (UAO): City of Clearwater (Clearwater Gas System) THIS AGREEMENT, entered into this ______ day of__________, year of______, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT," and City of Clearwater (Clearwater Gas System), hereinafter referred to as the "UAO"; WITNESSETH: WHEREAS, the UAO owns certain utility facilities which are located on the public road or publicly owned rail corridor identified below, hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, or placed out of service); and WHEREAS, the FDOT, is currently engaging in a project which involves constructing, reconstructing, or otherwise changing a public road and other improvements located on a public road or publicly owned rail corridor identified as US 19 (SR 55) FROM N OF SR 580 (MAIN ST) TO NORTHSIDE DR, State Road No. 55, hereinafter referred to as the "Project"; and WHEREAS, the Project requires minor modifications to the Facilities or the FDOT’s design more particularly described in Exhibit A attached hereto and by this reference made a part hereof, hereinafter referred to as "Utility Work," and full plans and technical specifications for the Utility Work are not required; and WHEREAS, the FDOT will perform the Utility Work as part of the Project; and WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the Utility Work; and WHEREAS, the FDOT and the UAO desire to enter into an agreement which establishes the terms and conditions applicable to the Utility Work; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the UAO hereby agree as follows: 1. Performance of Utility Work a. The FDOT will include the Utility Work in its plans and specifications for the Project and will include the Utility Work as part of the FDOT’s construction of the Project. The preparation of the plans and specifications and the construction of the Project will be performed in such manner as the FDOT, in its discretion, deemed appropriate. b. All location, protection, relocation, adjustment, or removal of the UAO’s Facilities which is not listed in Exhibit A shall be performed pursuant to a separate agreement. 2. Cost of Utility Work a. The UAO will, at least Thirty (30) calendar days prior to the date on which the FDOT advertises the Project for bids, pay the FDOT the amount of $ 188,886.61 for the cost of the Utility Work. Said amount will be deposited into the State Transportation Trust Fund. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (LUMP SUM) Page 2 of 5 Form No. 710-010-57 UTILITIES 07/14 b. The FDOT and the UAO acknowledge and agree that the amount stated above includes an additional ten percent (10%) to cover the UAO’s obligation for the cost of the Utility Work as set forth in Section 337.403(1)(b), Florida Statutes. c. Except for costs associated with any changes or additions to the Utility Work, the FDOT and the UAO agree that the deposit shall be an asset of the FDOT and that it constitutes a full and final lump sum payment for the cost of the Utility Work, without any requirement for a subsequent accounting for the use of the deposit. d. Pursuant to Section 337.403(1)(b), Florida Statutes, no changes or additions to the Utility Work will be made during the construction of the Project unless the UAO has made an additional deposit to cover the cost of the changes or additions. To the extent that the amount stated in Subparagraph 2.a. above exceeds the amount of the FDOT contractor’s bid that applies to the Utility Work, such excess may be applied to cover the cost of the changes or additions. All changes or additions shall be subject to the limitations on supplemental agreements and change orders contained in Section 337.11(8), Florida Statutes. 3. Default a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: (1) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the FDOT. (2) Pursue a claim for damages suffered by the FDOT. (3) Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT property if the breach is material and has not been cured within 60 days from written notice thereof from FDOT until such time as the breach is cured. (4) Pursue any other remedies legally available. (5) Perform any work with its own forces or through contractors and seek repayment for the cost thereof under Section 337.403(3), Florida Statutes. b. In the event that the FDOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the following options: (1) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the UAO. (2) Pursue any other remedies legally available. c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties and from any statutory obligations that either party may have with regard to the subject matter hereof. 4. Indemnification FOR GOVERNMENT-OWNED UTILITIES: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (LUMP SUM) Page 3 of 5 Form No. 710-010-57 UTILITIES 07/14 To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FDOT will immediately forward the claim to the UAO. The UAO and the FDOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to defend the FDOT in such claim as described in this section. The FDOT’s failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. FOR NON-GOVERNMENT-OWNED UTILITIES: The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. The UAO’s obligation to indemnify, defend, and pay for the defense or at the FDOT’s option, to participate and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT’s notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The UAO’s obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the UAO’s inability to evaluate liability or because the UAO evaluates liability and determines the UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication or judgment finding the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT’s delay in notifying the UAO of a claim shall not release UAO of the above duty to defend. 5. Force Majeure Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 6. Miscellaneous a. To the Facilities shall at all times remain the property of and be properly protected and maintained by the UAO in accordance with the then current Utility Accommodation Manual and the current utility permit for the Facilities. b. Pursuant to Section 287.058, Florida Statutes, the FDOT may unilaterally cancel this Agreement for STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (LUMP SUM) Page 4 of 5 Form No. 710-010-57 UTILITIES 07/14 refusal by the UAO to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction with this Agreement. c. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FDOT has manuals and written policies and procedures which shall be applicable at the time of the Project and the relocation of the Facilities and except that the UAO and the FDOT may have entered into other agreements for work not included in Exhibit A for Facilities located within the limits of the Project. Copies of FDOT manuals, policies, and procedures will be provided to the UAO upon request. d. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. e. Time is of essence in the performance of all obligations under this Agreement. f. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the UAO: City of Clearwater (Clearwater Gas System) 777 Maple Street Clearwater, FL 33755 If to the FDOT: 7. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled Changes to Form Document and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the UAO hereby represents that no change has been made to the text of this document except through the terms of the appendix entitled Changes to Form Document." You MUST signify by selecting or checking which of the following applies: No changes have been made to this Form Document and no Appendix entitled “Changes to Form Document” is attached. No changes have been made to this Form Document, but changes are included on the attached Appendix entitled “Changes to Form Document.” STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (LUMP SUM) Page 5 of 5 Form No. 710-010-57 UTILITIES 07/14 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. UTILITY: City of Clearwater (Clearwater Gas System) BY: (Signature) (Typed Name: ) DATE: (Typed Title: ) Recommend Approval by the District Utility Office BY: (Signature) DATE: FDOT Legal review BY: (Signature) District Counsel DATE: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) (Typed Name: ) DATE: (Typed Title: ) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: (Typed Name: ) DATE: (Typed Title: ) APPENDIX STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (LUMP SUM) CHANGES TO FORMS DOCUMENT FPID: 256774-2-52-01 Form No. 710-010-57 UTILITIES 07/14 Countersigned: CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard Jon P. Jennings Mayor City Manager Approved as to form: Attest: Laura Mahony Rosemarie Call Assistant City Attorney City Clerk Page 6 of 6 256774-2-52-02 PROJECT DESCRIPTION: January 2020 Phase III Estimate Pinellas February 8, 2022 EE_11-05_Rev29 1 of 1 $171,715.10 $171,715.10 $171,715.10 $171,715.10 10%$17,171.51 $188,886.61 $188,886.61 NOTES: PHONE NUMBER: SUB-TOTAL SUB-TOTAL 800 - ARCHITECTURAL NOT USED 500 - SIGNALIZATION NOT USED NOT USED NOT USED 100 - STRUCTURES 900 - MASS TRANSIT NOT USED550 - ITS NOT USED ENGINEER'S ESTIMATE FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT 7 PAGE NUMBER: COUNTY: CONTACT NAME: PAY ITEM SPEC YEAR: SUBMITTAL TYPE: FILE VERSION: DATE: FINANCIAL PROJECT ID # : ENGINEERING CONSULTANT FIRM: (102-1) MOT (Maintenance of Traffic) PROJECT GRAND TOTAL PU (Project Unknowns) SUB-TOTAL (999-25) Initial Contingency (Do Not Bid) 600 - LANDSCAPE / PERIPHERALS 400 - LIGHTING 1000 - INVALID & OTHER ITEMS COMPONENT SUB-TOTAL NOT USED (101-1) MOB (Mobilization) NOT USED 300 - SIGNING & PAVEMENT MARKINGS 200 - ROADWAY COMPONENT GROUPS NOT USED NOT USED 700 - UTILITIES FDOT-D7 c:\pwworking\wgi\chris.stermer\d1907854\est-Rev2_12.15.21.xlsm 2/8/2022 PAY ITEM #ITEM DESCRIPTION UNIT QUANTITY 8-Feb-22 TOTAL COST 1050 16001 UTILITY PIPE,REMOVE & DISPOSE, 0 - 1.9"LF 153 $8.00 $1,224.00 1050 16002 UTILITY PIPE,REMOVE & DISPOSE, 2-4.9"LF 8205 $10.00 $82,050.00 1050 16003 UTILITY PIPE,REMOVE & DISPOSE, 5-7.9"LF 7,073 $12.00 $84,876.00 1050 18002 UTILITY PIPE,PLUG & PLACE OUT OF SERVICE, 2- 4.9"LF 713 $5.00 $3,565.00 $171,715.10COMPONENT TOTAL ENGINEER'S ESTIMATE FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT 7 256774-2-52-02FINANCIAL PROJECT ID: FILE VERSION:EE_11-05_Rev29 -1PAGE NUMBER: FDOT-D7 c:\pwworking\wgi\chris.stermer\d1907854\est-Rev2_12.15.21.xlsm 2/8/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0294 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 4.3 SUBJECT/RECOMMENDATION: Approve a Utility Work by Highway Contractor Agreement with the State of Florida Department of Transportation to place out of service and remove natural gas mains during a road improvement project on US Highway 19, from Northside Drive to County Road 95, at an estimated cost of $155,393.70, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Florida Department of Transportation (FDOT) has a project (ID #256774-3-52-01) to improve US Highway 19, from Northside Drive to North of CR 95, located in Pinellas County. This will involve the removal or place out of service including grouting of approximately 12,768 feet of gas main (size from 1 in. to 8 in.), which is in conflict with the planned road project. Under the Utility Work By Highway Contractor Agreement (UWHCA), the FDOT general contractor will perform the removal of 10,686 feet of gas mains and place out of service 2,082 feet, including grouting, of our existing natural gas mains. A replacement gas main will be installed by Clearwater Gas System’s sub-contractor prior to the State removing our existing main. Having the FDOT general contractor remove the natural gas mains allows for work to be done in a timely manner and releases Clearwater Gas System (CGS) from penalty payments in the event the CGS cause delays on the pipe removal. APPROPRIATION CODE AND AMOUNT: Funding for this agreement is budgeted and available in capital project 3237323-96374 (Line Relocation Pinellas - Capitalized). USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 3/31/2022 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (LUMP SUM) Page 1 of 5 Form No. 710-010-57 UTILITIES 07/14 Financial Project ID: 256774-3-52-01 Federal Project ID: Financial Project ID: 256774-3-52-02 Financial Project ID: Financial Project ID: County: Pinellas State Road No.: 55 District Document No: Utility Agency/Owner (UAO): City of Clearwater (Clearwater Gas System) THIS AGREEMENT, entered into this ______ day of__________, year of______, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT," and City of Clearwater (Clearwater Gas System), hereinafter referred to as the "UAO"; WITNESSETH: WHEREAS, the UAO owns certain utility facilities which are located on the public road or publicly owned rail corridor identified below, hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, or placed out of service); and WHEREAS, the FDOT, is currently engaging in a project which involves constructing, reconstructing, or otherwise changing a public road and other improvements located on a public road or publicly owned rail corridor identified as US 19 (SR 55) FROM NORTHSIDE DR TO NORTH OF CR 95, State Road No. 55, hereinafter referred to as the "Project"; and WHEREAS, the Project requires minor modifications to the Facilities or the FDOT’s design more particularly described in Exhibit A attached hereto and by this reference made a part hereof, hereinafter referred to as "Utility Work," and full plans and technical specifications for the Utility Work are not required; and WHEREAS, the FDOT will perform the Utility Work as part of the Project; and WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the Utility Work; and WHEREAS, the FDOT and the UAO desire to enter into an agreement which establishes the terms and conditions applicable to the Utility Work; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the UAO hereby agree as follows: 1. Performance of Utility Work a. The FDOT will include the Utility Work in its plans and specifications for the Project and will include the Utility Work as part of the FDOT’s construction of the Project. The preparation of the plans and specifications and the construction of the Project will be performed in such manner as the FDOT, in its discretion, deemed appropriate. b. All location, protection, relocation, adjustment, or removal of the UAO’s Facilities which is not listed in Exhibit A shall be performed pursuant to a separate agreement. 2. Cost of Utility Work a. The UAO will, at least Thirty (30) calendar days prior to the date on which the FDOT advertises the Project for bids, pay the FDOT the amount of $ 155.393.70 for the cost of the Utility Work. Said amount will be deposited into the State Transportation Trust Fund. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (LUMP SUM) Page 2 of 5 Form No. 710-010-57 UTILITIES 07/14 b. The FDOT and the UAO acknowledge and agree that the amount stated above includes an additional ten percent (10%) to cover the UAO’s obligation for the cost of the Utility Work as set forth in Section 337.403(1)(b), Florida Statutes. c. Except for costs associated with any changes or additions to the Utility Work, the FDOT and the UAO agree that the deposit shall be an asset of the FDOT and that it constitutes a full and final lump sum payment for the cost of the Utility Work, without any requirement for a subsequent accounting for the use of the deposit. d. Pursuant to Section 337.403(1)(b), Florida Statutes, no changes or additions to the Utility Work will be made during the construction of the Project unless the UAO has made an additional deposit to cover the cost of the changes or additions. To the extent that the amount stated in Subparagraph 2.a. above exceeds the amount of the FDOT contractor’s bid that applies to the Utility Work, such excess may be applied to cover the cost of the changes or additions. All changes or additions shall be subject to the limitations on supplemental agreements and change orders contained in Section 337.11(8), Florida Statutes. 3. Default a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: (1) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the FDOT. (2) Pursue a claim for damages suffered by the FDOT. (3) Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT property if the breach is material and has not been cured within 60 days from written notice thereof from FDOT until such time as the breach is cured. (4) Pursue any other remedies legally available. (5) Perform any work with its own forces or through contractors and seek repayment for the cost thereof under Section 337.403(3), Florida Statutes. b. In the event that the FDOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the following options: (1) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the UAO. (2) Pursue any other remedies legally available. c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties and from any statutory obligations that either party may have with regard to the subject matter hereof. 4. Indemnification FOR GOVERNMENT-OWNED UTILITIES: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (LUMP SUM) Page 3 of 5 Form No. 710-010-57 UTILITIES 07/14 To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FDOT will immediately forward the claim to the UAO. The UAO and the FDOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to defend the FDOT in such claim as described in this section. The FDOT’s failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. FOR NON-GOVERNMENT-OWNED UTILITIES: The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. The UAO’s obligation to indemnify, defend, and pay for the defense or at the FDOT’s option, to participate and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT’s notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The UAO’s obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the UAO’s inability to evaluate liability or because the UAO evaluates liability and determines the UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication or judgment finding the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT’s delay in notifying the UAO of a claim shall not release UAO of the above duty to defend. 5. Force Majeure Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 6. Miscellaneous a. To the Facilities shall at all times remain the property of and be properly protected and maintained by the UAO in accordance with the then current Utility Accommodation Manual and the current utility permit for the Facilities. b. Pursuant to Section 287.058, Florida Statutes, the FDOT may unilaterally cancel this Agreement for STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (LUMP SUM) Page 4 of 5 Form No. 710-010-57 UTILITIES 07/14 refusal by the UAO to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction with this Agreement. c. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FDOT has manuals and written policies and procedures which shall be applicable at the time of the Project and the relocation of the Facilities and except that the UAO and the FDOT may have entered into other agreements for work not included in Exhibit A for Facilities located within the limits of the Project. Copies of FDOT manuals, policies, and procedures will be provided to the UAO upon request. d. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. e. Time is of essence in the performance of all obligations under this Agreement. f. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the UAO: City of Clearwater (Clearwater Gas System) 777 Maple Street Clearwater, FL 33755 If to the FDOT: 7. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled Changes to Form Document and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the UAO hereby represents that no change has been made to the text of this document except through the terms of the appendix entitled Changes to Form Document." You MUST signify by selecting or checking which of the following applies: No changes have been made to this Form Document and no Appendix entitled “Changes to Form Document” is attached. No changes have been made to this Form Document, but changes are included on the attached Appendix entitled “Changes to Form Document.” STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (LUMP SUM) Page 5 of 5 Form No. 710-010-57 UTILITIES 07/14 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. UTILITY: City of Clearwater (Clearwater Gas System) BY: (Signature) (Typed Name: ) DATE: (Typed Title: ) Recommend Approval by the District Utility Office BY: (Signature) DATE: FDOT Legal review BY: (Signature) District Counsel DATE: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) (Typed Name: ) DATE: (Typed Title: ) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: (Typed Name: ) DATE: (Typed Title: ) APPENDIX STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (LUMP SUM) CHANGES TO FORMS DOCUMENT FPID: 256774-3-52-01 Form No. 710-010-57 UTILITIES 07/14 Countersigned: CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard Jon P. Jennings Mayor City Manager Approved as to form: Attest: Laura Mahony Rosemarie Call Assistant City Attorney City Clerk Page 6 of 6 256774-3-52-02 PROJECT DESCRIPTION: January 2020 Phase III Estimate Pinellas February 9, 2022 EE_11-05_Rev29 1 of 2 $141,267.00 $141,267.00 $141,267.00 $141,267.00 10%$14,126.70 $155,393.70 $155,393.70 NOTES: PHONE NUMBER: SUB-TOTAL SUB-TOTAL 800 - ARCHITECTURAL NOT USED 500 - SIGNALIZATION NOT USED NOT USED NOT USED 100 - STRUCTURES 900 - MASS TRANSIT NOT USED550 - ITS NOT USED ENGINEER'S ESTIMATE FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT 7 PAGE NUMBER: COUNTY: CONTACT NAME: PAY ITEM SPEC YEAR: SUBMITTAL TYPE: FILE VERSION: DATE: FINANCIAL PROJECT ID # : ENGINEERING CONSULTANT FIRM: (102-1) MOT (Maintenance of Traffic) PROJECT GRAND TOTAL PU (Project Unknowns) SUB-TOTAL (999-25) Initial Contingency (Do Not Bid) 600 - LANDSCAPE / PERIPHERALS 400 - LIGHTING 1000 - INVALID & OTHER ITEMS COMPONENT SUB-TOTAL NOT USED (101-1) MOB (Mobilization) NOT USED 300 - SIGNING & PAVEMENT MARKINGS 200 - ROADWAY COMPONENT GROUPS NOT USED NOT USED 700 - UTILITIES FDOT-D7 c:\pwworking\wgi\chris.stermer\d1907855\est-Rev2_2.8.22.xlsm 2/9/2022 PAY ITEM #ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST 1050 16001 UTILITY PIPE,REMOVE & DISPOSE, 0 - 1.9"LF 34 $8.00 $272.00 1050 16002 UTILITY PIPE,REMOVE & DISPOSE, 2-4.9"LF 2834 $10.00 $28,340.00 1050 16003 UTILITY PIPE,REMOVE & DISPOSE, 5-7.9"LF 7,818 $12.00 $93,816.00 1050 18002 UTILITY PIPE,PLUG & PLACE OUT OF SERVICE, 2- 4.9"LF 145 $5.00 $725.00 1050 18003 UTILITY PIPE,PLUG & PLACE OUT OF SERVICE, 5- 7.9"LF 628 $8.00 $5,024.00 1050 18004 UTILITY PIPE,PLUG & PLACE OUT OF SERVICE, 8-19.9"LF 1309 $10.00 $13,090.00 $141,267.00COMPONENT TOTAL ENGINEER'S ESTIMATE FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT 7 256774-3-52-02FINANCIAL PROJECT ID: FILE VERSION:EE_11-05_Rev29 2 of 2PAGE NUMBER: FDOT-D7 c:\pwworking\wgi\chris.stermer\d1907855\est-Rev2_2.8.22.xlsm 2/9/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0298 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 4.4 SUBJECT/RECOMMENDATION: Accept a Gas Utility Easement from Largo East Bay OMV LLC, for the construction, installation, and maintenance of gas utility facilities on real property located at 4445 East Bay Drive, Suite 307, Clearwater FL, 33764. (consent) SUMMARY: Largo East Bay OMV LLC (Grantor) has granted a non-exclusive five-foot wide natural gas easement, on property located at 4445 East Bay Drive, Suite 307, Clearwater FL, 33764 (Parcel ID# 31-29-16-70344-300-0300) for the installation of a natural gas distribution line. This line will serve commercial business. The easement grant is sufficient for the City to maintain and replace its facilities as necessary in perpetuity, or until such time as the City determines to abandon its use. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 3/31/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0297 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 4.5 SUBJECT/RECOMMENDATION: Accept a Gas Utility Easement from Imperial Palms Apartments Limited Partnership, for the construction, installation, and maintenance of gas utility facilities on real property located at 101 Imperial Palm Drive, Largo FL, 33771. (consent) SUMMARY: Imperial Palms Apartments Limited Partnership (Grantor) has granted a non-exclusive five-foot wide natural gas easement, on property located at 101 Imperial Palm Dr, Largo FL, 33771 (Parcel ID# 35-29-15-00000-110-0100) for the installation of a natural gas distribution line. This line will serve commercial business. The easement grant is sufficient for the City to maintain and replace its facilities as necessary in perpetuity, or until such time as the City determines to abandon its use. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 3/31/2022 [A04-02064 /284492/1] A04-02064 /284492/1 Return to: Clearwater Gas System 777 Maple St. Clearwater, FL 33755 Parcel I. D. No. 35-29-15-00000-110-0100 GAS UTILITY EASEMENT AGREEMENT THIS GAS UTILITY EASMENT AGREEMENT is made effective as of ________________, 2022 (“Effective Date”), by and between IMPERIAL PALMS APARTMENTS LIMITED PARTNERSHIP, a Minnesota limited partnership whose principal office address is 1107 HAZELTINE BLVD., STE 200, CHASKA, MN 55318-1070 (“Grantor”) and the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, whose mailing address is P.O. Box 4748 Clearwater, FL 33758-4748 (“Grantee”). WHEREAS, Grantor is the owner of certain real property situated in the County of Pinellas, State of Florida, legally described on Exhibit A attached hereto and made a part hereof (“Property”). WHEREAS, Grantee has determined that it is necessary to construct, reconstruct, install, operate and maintain on a portion of the Property underground conduit and pipes, together with appurtenances thereto, for the sole purpose of natural gas transmission to the Property (collectively, “Facilities”), to inspect and alter such Facilities from time to time, and be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein, without cost or expense to Grantor for any of the foregoing, to the mutual benefit of the parties. WHEREAS, in connection with the construction of the Facilities, Grantee desires to receive from Grantor, and Grantor desires to grant to Grantee, a non-exclusive 5-foot easement solely for the installation, maintenance and repair of the Facilities upon, over, under and across that portion of the Property described and depicted on Exhibit B attached hereto and made a part hereof (“Easement”). NOW THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency whereof being acknowledged, Grantor and Grantee hereby covenant and agree as follows: 1. The foregoing recitals are hereby incorporated herein and made a part hereof. 2. Grantor hereby grants to Grantee, its successors and assigns, the Easement. 3. All work by Grantee related to the Facilities shall be performed in a good and workmanlike manner and in accordance with the plans and specifications for the project on file with Grantee and approved by Grantor, which approval will not be unreasonably withheld, conditioned or delayed. Any restoration of the Property needed as a consequence of the construction of the Facilities shall mean restoration to a condition that is the same or better than the condition that existed prior to the commencement of the construction of the Facilities, including, without limitation, repair, restoration and/or replacement of any and all fences, landscaping material, signage, cement or asphalt, and shall be done at the Grantee’s sole cost and expense. No equipment or supplies used in the construction of the Facilities shall be stored on the Property. Grantee will protect and preserve Grantor’s trees, landscaping, and signage, if any, adjoining the Easement as part of the requirements for construction, maintenance and repair of the Facilities and nothing contained herein shall prohibit or restrict Grantor from utilizing the surface area of the Easement for pavement, driveway, parking, landscape and other uses appurtenant to Grantor’s ongoing business activities on the Property. [A04-02064 /284492/1] A04-02064 /284492/1 4. Grantee, to the extent of the limits of Florida Statute 768.28, will indemnify and hold the Grantor, its members, partners, managers, directors, officers, employees, agents, and affiliates harmless from and against any and all claims, actions, causes of action, loss, damages, injury, liability, cost, or expense, including without limitation attorneys’ fees, arising out of the negligence of Grantee in the construction and installation of the Facilities or Grantee’s use of the Easement or from the exercise by Grantee of any rights granted by this Agreement. Nothing contained herein, however, shall be construed to waive or modify the provisions of Florida Statute 768.28 (2021), or the doctrine of sovereign immunity as to any party hereto. Further, nothing contained herein shall be construed as consent by Grantee to be sued by third parties in any manner arising from this grant of easement or as a waiver of sovereign immunity. 5. Grantor agrees to indemnify and hold Grantee, its employees, elected officials, agents, or vendors harmless for, from and against any and all losses, claims, or damages incurred by Grantee arising directly from Grantor’s negligence in the occupation, use and operation of the Easement area. 6. Prior to entering upon the Property to construct the Facilities, and as may be requested by Grantor subsequently, Grantee shall provide Grantor with proof of Grantee’s self-insurance coverages and limits, as the same may be amended from time to time, and proof of Grantee’s agents and contractors’ insurance coverages and limits as required by any corresponding agreement(s) Grantee has with said agent or contractor. 7. Nothing herein shall create or be construed to create any rights in or for the benefit of the general public in or to the Easement or any part of the Property. 8. Neither this Agreement nor any provision hereof may be changed, altered, waived, discharged, terminated or amended except as by an instrument in writing executed by Grantor and Grantee or their respective successors and assigns; provided, however, that in the event Grantee shall abandon the use of the Easement, then Grantee shall, within a reasonable time thereafter, release and convey to Grantor or its successors and assigns all rights hereby granted to Grantee pursuant to this Agreement. 9. The Easement, and all conditions and covenants set forth herein, are intended to be and shall be construed as covenants running with the land, binding upon, and inuring to the benefit of, Grantor or Grantee, as the case may be, and their respective successors and assigns. 10. Grantor warrants and represents that it is the owner of fee simple title of the Property, and that Grantor has full right and lawful authority to grant and convey the Easement to Grantee, and that Grantee shall have the non-exclusive, limited purpose, quiet and peaceful possession, use and enjoyment of the Easement as provided herein. It is expressly understood that Grantor shall at all times maintain all rights of ownership in the Property. 11. Grantee shall permit no mechanics’, materialmens’ or other liens to be filed against the Property for work or materials furnished to or at the request of Grantee (directly or indirectly) in connection with the Facilities and the Easement, and Grantee agrees to indemnify and hold Grantor harmless from the same. 12. In connection with any litigation arising under this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and other legal costs, including, but not limited to, reasonable attorneys' fees and costs incurred in any appellate or bankruptcy proceeding. 13. This Agreement embodies and constitutes the entire understanding between the parties with respect to the matters set forth in this Agreement. [A04-02064 /284492/1] A04-02064 /284492/1 14. This Agreement may be executed in two or more separate counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same instrument. [A04-02064 /284492/1] A04-02064 /284492/1 Exhibit A Property All of that certain lot, piece or parcel of land, situate, lying and being in Pinellas County, Florida, being more particularly described as follows: Parcel A: Commencing at the North 1/4 corner of Section 35, Township 29 South, Range 15 East, Pinellas County, Florida, run thence South 89 degrees 09 minutes 14 seconds East, 890.13 feet to a point on the East right of way line of Dr. Bob McMullen Road (County Road 26) per Right of Way Plat Book B, Page 25, March 14, 1979, said point being the Point of Beginning; thence South 89 degrees 09 minutes 14 seconds East, 775.16 feet; thence South 00 degrees 27 minutes 55 seconds West, 1403.25 feet; thence North 89 degrees 11 minutes 02 seconds West 340.00 feet; thence North 00 degrees 00 minutes 00 seconds East, 676.54 feet; thence North 89 degrees 11 minutes 02 seconds West, 507.58 feet to a point on said East right of way line of Dr. Bob McMullen Road (County Road 26); thence along said right of way line, North 06 degrees 35 minutes 05 seconds East, 730.86 feet to the Point of Beginning. Parcel B: From the Northeast corner of Section 35, Township 29 South, Range 15 East, run South 00 degrees 11 minutes 16 seconds West, along the East line of said Section 35, 1782.77 feet; thence run North 89 degrees 11 minutes 02 seconds West, along a line 877 feet North of and parallel to the East-West centerline of said Section 35, 50.00 feet to a point on the Westerly right of way line of Keene Road (CR 26) for a Point of Beginning; thence continue North 89 degrees 11 minutes 02 seconds West, 450.00 feet; thence run North 00 degrees 48 minutes 58 seconds East, 202.64 feet; thence run North 58 degrees 31 minutes OS seconds East, 220.60 feet; thence run North 00 degrees 11 minutes 16 seconds East, 132.97 feet, to the point on the Southerly right of way line of Coronet Drive as shown on the Plat of Parkway Estates (see Plat Book 45, Page 64, Public Records of Pinellas County, Florida), and Parkway Estates, 1st Addition (see Plat Book 46, Page 71, Public Records of Pinellas County, Florida); thence run South 89 degrees 09 minutes 39 seconds East along a 40 acre line, 260.02 feet; thence run South 00 degrees 11 minutes 16 seconds West along the Westerly right of way of said Keene Road, 453.40 feet to the Point of Beginning. Parcel C: From the Northeast corner of Section 35, Township 29 South, Range 15 East, run South 00 degrees 11 minutes 16 seconds West, along the East line of said Section 35, 1972.78 feet; thence run North 89 degrees 11 minutes 02 seconds West, along a line 687 feet North of and parallel to the East-West centerline of said Section 35, 50.00 feet to a point on the Westerly right of way line of Keene Rd. (CR 26) for a Point of Beginning; thence continue North 89 Loan No. 694082960203150.01516; 2/23/17 degrees 11 minutes 02 seconds West, 958.57 feet; thence run North 00 degrees 27 minutes 55 seconds East, along the East line of the West 1/4 of the Southeast 1/4 of the Northeast 1/4 of said Section 35, 280 feet; thence run South 89 degrees 11 minutes 02 seconds East, 330 feet; thence run North 58 degrees 31 minutes OS seconds East, 210.82 feet; thence run South 00 degrees 48 minutes 58 seconds West, 202.64 feet; thence run South 89 degrees 11 minutes 02 seconds East, 450.00 feet, to a point on the Westerly right of way line of Keene Road (CR 26); thence run South 00 degrees 11 minutes 16 seconds West, along said right of way line 190.01 feet to the Point of Beginning. [A04-02064 /284492/1] A04-02064 /284492/1 Parcel D: From the Northeast corner of Section 35, Township 29 South, Range 15 East, run South 00 degrees 11 minutes 16 seconds West along the East line of said Section 35, 1329.39 feet; run thence North 89 degrees 09 minutes 39 seconds West along the South line of Coronet Drive, as shown on Plat of Parkway Estates (see Plat Book 45, Page 64, Public Records of Pinellas County, Florida), 310.02 feet for a Point of Beginning; run thence South 00 degrees 11 minutes 16 seconds West 132.97 feet; run thence South 58 degrees 31 minutes OS seconds West, 431.42 feet; run thence North 89 degrees 11 minutes 02 seconds West, 330 feet; run thence North 00 degrees 27 minutes 55 seconds East along the East line of the West 1/4 of the Southeast 1/4 of the Northeast 1/4 of said Section 35, 363.78 feet; run thence South 89 degrees 09 minutes 39 seconds East along the South line of Coronet Drive, as shown on Plat of Parkway Estates 1st Addition (see Plat Book 46, Page 71, Public Records of Pinellas County, Florida) 695.44 feet to the Point of Beginning [A04-02064 /284492/1] A04-02064 /284492/1 Exhibit B [INSERT LEGAL DESCRIPTION OF 5-FOOT EASEMENT] [A04-02064 /284492/1] A04-02064 /284492/1 STATE OF MINNESOTA : : ss COUNTY OF CARVER : Randall Benson, as Treasurer of its General Partner, JBGE/Imperial Palms Apartments, Inc. on behalf of IMPERIAL PALMS APARTMENTS LIMITED PARTNERSHIP, a Minnesota limited partnership (“Imperial Palms”), whom, being duly authorized does depose and say: 1. That Imperial Palms is the owner of legal and equitable title to the following described real property located in Pinellas County, Florida, to wit: As more particularly described and depicted in EXHIBIT “A” appended hereto and by this reference made a part hereof (the “Property”). 2. That said Property is now in the possession of the Imperial Palms. 3. That there has been no labor performed or materials furnished in the past 90 days on said Property for which there are unpaid bills for labor or materials, other than those which will be paid during the normal course of business, except: (list, or if none, insert “NONE”. If no entry, it will be deemed that “NONE” has been entered.) NONE 4. That there are no liens or encumbrances of any nature affecting the title TO the Property except leasehold tenancies, easements and restrictions of record, any encroachments, overlaps or other rights of third parties which would be shown by a current survey, except: Amended and Restated Mortgage and Security Agreement and Fixture Financing Statement with Assignment of Leases and Rents dated March 1, 2017 in favor of Riversource Life Insurance Company, recorded in OR Book 19537, Page 2392, Public Records of Pinellas County, Florida. 5. That no written notice has been received for any public hearing regarding the imposition of assessments against the Property for improvements to be constructed on the Property by any governmental authority, and there are no unpaid assessments against the Property for any such improvements thereto by any governmental authority. 6. That there are no past due sewer service charges or assessments payable to any governmental authority. 7. That the representations embraced herein have been requested by the CITY OF CLEARWATER, its agents, successors and assigns to rely thereon in connection with the granting by Imperial Palms to the City of Clearwater of that certain Gas Utility Easement Agreement on or about the even date hereof upon the Property. AFFIDAVIT OF NO LIENS Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0245 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve a purchase order to Emerald Facility Management of St. Petersburg, FL, for pressure washing and cleaning services of city hardscaping in the total annual not to exceed amount of $175,000.00 for one year with two, one-year renewal options, pursuant to Invitation to Bid #12-22, and authorize the appropriate officials to execute same. (consent) SUMMARY: Invitation to Bid 12-22, Pressure Washing Services, was issued in January 2022 and the City received four responsible responses. Emerald Facility Management, the current vendor, was the lowest most responsible bidder. Staff has received excellent service from Emerald Facility Management in the past and has received positive feedback by vendor references. This contract will provide pressure washing services throughout the city, most notably at all high tourism areas, the Downtown District, parks, and ballfields. ITB #12-22 was issued for known services for the Parks & Recreation Department; however, this contract is for citywide use on an as needed basis to include additional services that the Parks & Recreation Department may need during this term. APPROPRIATION CODE AND AMOUNT: Funding for these contracts will come from a variety of general fund sources, but primarily from various maintenance cost centers within the Parks and Recreation Department, and other departments’ contractual services budget as additional services are utilized. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 3/31/2022 1) Awnclean USA, Inc.2) 501 N. Newport Ave 3203 118th Ave N, Unit 8 Tampa, FL 33606 St. Petersburg, FL 33716 813.258.9344 727.322.3022 Certified SBE 3) Innovative Cleaning Services LLC 4) 9730 Ivory Dr 8506 N Dexter Ave. Ruskin, FL 33573 Tampa, FL 33604 813.347.8765 813.932.2054 Certified SBE, M/WBE Certified SBE, M/WBE ADVERTISED: TAMPA BAY TIMES 2/2/2022 POSTED:myclearwater.com 01/24/2022-02/24/2022 Certified SBE, M/WBE Emerald Facility Management Santana Pressure Cleaning Services Inc. FOR THE CITY OF CLEARWATER Due/Opening: February 24, 2022; 10:00 a.m. INVITATION TO BID No. 12-22 PRESSURE WASHING SERVICES Solicitation Response Listing CITY OF CLEARWATER ITB # 12-22, Pressure Washing Services DUE DATE: February 24, 2022; 10:00 AM NOTE: Highlighted Cell indicates a calculation correction. BID TABULATION *pricing on B1862-1 Bay Park - Sand Key Playground did not auto populate in Total Annual Price or Total Group Price TOTAL BID PRICE GROUP #1862 TOTAL BID PRICE GROUP #1863 TOTAL BID PRICE GROUP #1864 TOTAL BID PRICE GROUP #1865 TOTAL BID PRICE GROUP #1867 TOTAL BID PRICE GROUP #1880 Group Totals Price per Square Foot Awnclean USA Inc501 N Newport Ave Tampa, FL 33606 136,475.00$ 32,450.00$ 57,400.00$ 16,500.00$ 30,550.00$ 49,600.00$ 322,975.00$ 0.07$ Emerald Facility Management 3203 118th Ave N, Unit 8St Petersburg, FL 33716 33,154.00$ 15,465.00$ 23,095.00$ 7,920.00$ 11,645.00$ 8,275.00$ 99,554.00$ 0.04$ Innovative Cleaning Services LLC 9730 Ivory Dr Ruskin, FL 33573 101,999.00$ 32,439.16$ 59,201.12$ 19,488.00$ 31,531.00$ 15,622.00$ 260,280.28$ 0.10$ Santana Pressure Cleaning Services, Inc8506 N Dexter Ave Tampa, FL 33604 74,483.14$ 28,459.12$ 32,317.98$ 9,937.08$ 14,612.46$ 12,859.90$ 172,669.68$ 0.04$ NOTE: Items with a star ( ) indicates intent to award. Page 1 of 1 March 4, 2022 NOTICE OF INTENT TO AWARD The Parks and Recreation Department and the Procurement Division recommend award of ITB No. 12-22, Pressure Washing Services, to Emerald Facility Management, the lowest most responsible bidder, in accordance with the bid specifications, in the estimated amount of $175,000 annually, for a period of one (1) year, with two (2), one (1) year extension options. This Award recommendation will be considered by the City Council at the April 4, 2022, Work Session (9:00 a.m.) and voted on at the April 7, 2022, Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to the City’s Procurement Analyst at Kelly.Rogers@myclearwater.com, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Kelly Rogers Kelly Rogers Procurement Analyst v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633 INVITATION TO BID #12-22 Pressure Washing Services January 24, 2022 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, February 24, 2022 to provide Pressure Washing Services. Brief Description: The City of Clearwater’s Parks and Recreation Department seeks to establish a term contract for pressure washing services. Specific requirements include, but are not limited to: labor, material, equipment, supervision, transportation, and other related services. Bids must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Bid packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process or Technical Questions concerning this solicitation should be directed, IN WRITING, to the following Procurement Analyst: Kelly Rogers Procurement Analyst Kelly.Rogers@myclearwater.com This Invitation to Bid is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS Pressure Washing Services 2 ITB #12-22 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact listed on page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their bid. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a bid. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No If so designated above, attendance is mandatory as a condition of submitting a bid. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: February 24, 2022 Time: 10:00 A.M. (Local Time) The City will open all bids properly and timely submitted and will record the names and other information specified by law and rule. All bids become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, bids are available for inspection by contacting the Procurement Division. i.5 BID FIRM TIME: 90 days from Opening Bid shall remain firm and unaltered after opening for the number of days shown above. The City may accept the bid, subject to successful contract negotiations, at any time during this time. i.6 BID SECURITY: Yes No If so designated above, a bid security in the amount specified must be submitted with the bid. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such bid security shall be forfeited to the City of Clearwater should the bidder selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to 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 INSTRUCTIONS Pressure Washing Services 3 ITB #12-22 to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 BID SUBMITTAL TO: It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Bidders may mail or hand-deliver bids to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a bid that is not properly addressed and identified. i.8 LATE BIDS. The bidder assumes responsibility for having the bid delivered on time at the place specified. All bids received after the date and time specified shall not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. You must allow adequate time to accommodate all registration and security screenings at the delivery site. A valid photo I.D. may be required. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The bidder agrees to accept the time stamp in the City Procurement Office as the official time. i.9 LOBBYING; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION. From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees, and evaluation committee members. Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be directed to the procurement manager or designee, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period. The penalty for violating the No-Contact Period may include suspension or debarment. i.10 COMMENCEMENT OF WORK. If bidder begins any billable work prior to the City’s final approval and execution of the contract, bidder does so at its own risk. i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the bid. Bidders are cautioned to verify their bids before submission, as amendments to or withdrawal of bids submitted after time specified for opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions. INSTRUCTIONS Pressure Washing Services 4 ITB #12-22 i.12 FORM AND CONTENT OF BIDS. Unless otherwise instructed or allowed, bids shall be submitted on the forms provided. An original and the designated number of copies of each bid are required. Bids, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the bid is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the bid be submitted. The bid must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the bid. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Alternates will be considered upon demonstrating the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF BID. Written requests to modify or withdraw the bid received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the bid and marked as a MODIFICATION or WITHDRAWAL of the bid. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting this bid has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the bidder shall include a letter with its bid identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating the suspension or debarment. i.16 RESERVATIONS. The City reserves the right to reject any or all bids or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible bids; to reject unbalanced bids; to reject bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual bids for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any bid. The City may seek clarification of the bid from bidder at any time, and failure to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to a subsequent contract. The City is charged by its Charter to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a bidder may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.18 COPYING OF BIDS. Bidder hereby grants the City permission to copy all parts of its bid, including without limitation any documents and/or materials copyrighted by the bidder. The City’s right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the policy of the City to promote courtesy, fairness, impartiality, INSTRUCTIONS Pressure Washing Services 5 ITB #12-22 integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve the purpose of this Article, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from bidders or prospective bidders and affiliates. The City may request product samples from vendors for product evaluation. i.21 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures. If any discrepancy exists between this Section and the Purchasing Policy, the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Procurement Officer no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater – Procurement Division 100 S Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Pressure Washing Services 6 ITB #12-22 i.22 EVALUATION PROCESS. Bids will be reviewed by the Procurement Division and representative(s) of the respective department(s). The City staff may or may not initiate discussions with bidders for clarification purposes. Clarification is not an opportunity to change the bid. Bidders shall not initiate discussions with any City employee or official. i.23 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon request. i.24 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and price. All bids must meet the following responsiveness and responsibility criteria to be considered further. a) Responsiveness. The City will determine whether the bid complies with the instructions for submitting bids including completeness of bid which encompasses the inclusion of all required attachments and submissions. The City must reject any bids that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the bidder is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced bids, past performance, references (including those found outside the bid), compliance with applicable laws-including tax laws, bidder's record of performance and integrity - e.g. has the bidder been delinquent or unfaithful to any contract with the City, whether the bidder is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A bidder must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review bidder’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Price. We will then evaluate the bids that have met the requirements above. i.25 COST JUSTIFICATION. In the event only one response is received, the City may require that the bidder submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the bid price is fair and reasonable. i.26 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Bidder must be prepared for the City to accept the bid as submitted. If bidder fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject bid or revoke the award, and may begin negotiations with another bidder. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.27 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the bidder’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant bid information and notices. i.28 BID TIMELINE. Dates are tentative and subject to change. Release ITB: January 24, 2022 Advertise Tampa Bay Times: February 2, 2022 Bids due: February 24, 2022 Review bids: February 24 – March 4, 2022 Award recommendation: March 4, 2022 Council authorization: March / April 2022 Contract begins: March / April 2022 STANDARD TERMS AND CONDITIONS Pressure Washing Services 7 ITB #12-22 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD-PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified STANDARD TERMS AND CONDITIONS Pressure Washing Services 8 ITB #12-22 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. STANDARD TERMS AND CONDITIONS Pressure Washing Services 9 ITB #12-22 S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the STANDARD TERMS AND CONDITIONS Pressure Washing Services 10 ITB #12-22 contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and STANDARD TERMS AND CONDITIONS Pressure Washing Services 11 ITB #12-22 including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with the City’s Purchasing Policy and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. STANDARD TERMS AND CONDITIONS Pressure Washing Services 12 ITB #12-22 S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and STANDARD TERMS AND CONDITIONS Pressure Washing Services 13 ITB #12-22 cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Administrator and/or an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). STANDARD TERMS AND CONDITIONS Pressure Washing Services 14 ITB #12-22 S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Florida with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Pressure Washing Services 15 ITB #12-22 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. The City of Clearwater is committed to ensuring that we have a sustainable city through green measures focusing on our economy, environment, and community. 2. BACKGROUND. The City of Clearwater’s Parks and Recreation Department provides programs, services, facilities, and beautification to benefit the residents and visitors of Clearwater. 3. SCOPE OF WORK. The City of Clearwater’s Parks and Recreation Department seeks to establish a term contract(s) for pressure washing services. Specific requirements include, but are not limited to: labor, material, equipment, supervision, transportation, and other related services. This Invitation to Bid #12-22 includes the following documents:  Exhibit A_Site Locations: Site locations are divided into six (6) separate groups.  Exhibit B_Site Map: Site map for each site location, divided by groups.  Exhibit C_Scope of Work_Pricing Details: Excel worksheet is separated by group and includes estimated square footage and frequency of service. Vendors must provide price per service for each location. Each location within a “group” must be bid on for that group to be considered responsive. Partial group bids will be deemed non-responsive to the Invitation to Bid. 3.1 EXAMINATION OF SITES a. It is recommended that the Vendor visit the proposed site locations, specified in Exhibit A_Site Locations, and become familiar with local conditions, which may affect the work to be performed, the equipment, materials, and labor required. No additional allowances shall be made due to the lack of knowledge of the conditions at any site. 3.2 PRESSURE WASHING SPECIFICATIONS a. Pressure wash with cold and/or hot water vertical, horizontal and overhead concrete, brick, metal, asphalt and other surfaces suitable for pressure washing as requested by the City. Pads, as described on the pricing sheet, are defined as cement and/or pavers under benches, trash cans, picnic tables, grills and water fountains. b. The pressure washing equipment shall be capable of cleaning surfaces listed herein without causing damage to the surface by etching or exposing coarse aggregate. c. Pressure washed surfaces shall be free of gum, algae, moss, oil and other accumulated dirt and stains. All washed off debris must be removed from the area and pressure washed surfaces shall be left clean with no residue. d. Pressure washing services shall be completed with water or steam. No chemicals shall be used during the cleaning process. Any use of a cleaning agent is to be approved by the City’s designee and confirmed to be non-toxic, biodegradable, phosphate-free and necessary for the project. DETAILED SPECIFICATIONS Pressure Washing Services 16 ITB #12-22 e. Water from the cleaning process may be discharged into storm drains. In this event, the Vendor shall place filter fabric or similar filtering material in or around each drain to prevent debris from going into the drain. Vendor shall reference Pinellas County Ordinance, Article VI. - Stormwater and Surface Water Pollution. f. Work may be performed during day or night as approved by the City’s designee. g. Pavilions have a roof unless otherwise stated in the pricing sheet. The underside of the roof shall be pressure washed along with the floors of the pavilions. Roof square footages are not represented in the pavilion square footage listing in Exhibit C_Scope of Work_Pricing Details. 3.3 WORK METHODS: Scheduling Work: a. The Vendor shall adhere to the work schedule provided by the City per Exhibit C_Scope of Work_Pricing Details. Any schedule variation requested by either the City designee or the Vendor must be accepted by both parties, either verbally or in writing. Traffic Control and Pedestrian Safety: a. The Vendor is responsible for establishing and maintaining safe work zones in vehicular traffic areas, as well as pedestrian and park user areas. The Vendor shall coordinate maintenance operations in certain high pedestrian areas and peak time periods with the City designee. For example, the winter tourist season is generally not an acceptable time to close traffic lanes for maintenance. b. The Parks and Recreation Department reserves the right to limit the hours of operation in certain high pedestrian areas. Two-way traffic shall be maintained at all times through intersections and roadways. Closure is not permitted. c. Precautions shall be exercised at all times for the protection of persons and property. All Vendors performing services under this contract shall conform to all relevant Federal, State, County and City regulations during the course of such effort. Any fines levied by the above-mentioned authorities for failure to comply with these requirements shall be borne solely by the responsible Vendor. d. Barricades shall be provided by the Vendor when work is performed in areas traversed by persons, or when deemed necessary by the City. e. The Vendor shall comply with Maintenance of Traffic (MOT) requirements. Vendor is responsible for all MOT coordination and notification of appropriate agencies. If applicable, the MOT plan must be submitted to and approved by the City designee prior to partial lane closure and commencement of the work. All necessary lane closures shall be approved by the City's Traffic Operations division a minimum of forty-eight (48) hours in advance of scheduled operations. They can be reached at 727-562-4750. f. The Vendor shall position advance-warning signs as appropriate for the existing field conditions. The Vendor shall provide a crew to be responsible to construct, relocate, and maintain all traffic control devices, to cover, add or remove signs as needed, and do all work necessary to maintain a safe work zone. DETAILED SPECIFICATIONS Pressure Washing Services 17 ITB #12-22 Clean Up: a. All materials and debris shall be removed from the premises at the end of each workday and disposed of in an appropriate manner. Upon final completion, the Vendor shall thoroughly clean up all work areas utilized during service. Water, Power & Toilet Facilities: a. Vendor may use City owned water, power, and restroom facilities at job site (where applicable) at no expense. Vendor will be required to provide piping, fittings, and other items as necessary to bring water and power from existing service to job site. Supervision: a. The awarded Vendor shall provide efficient supervision. Vendor shall carefully inspect the site and compare all drawings, specifications, and other instructions to ensure the work is performed in the most efficient, workmanlike manner. b. All pressure washing crews will be required to wear approved company uniform, abide by all company and OSHA (Occupational Safety and Health Act) safety standards, and behave in a professional, well-mannered orderly fashion while on City properties. 3.4 SERVICE LOCATIONS: a. For service locations, refer to the attached Exhibit A_Site Locations; Exhibit B_Site Maps; and Exhibit C_Scope of Work_Pricing Details. 3.5 REPAIRS TO EXISTING FACILITIES: a. Damage to existing facilities, equipment, planting, etc. by the Vendor, in the performance of his/her work, shall be repaired or restored to original condition immediately. b. The Vendor shall notify the City designee within twenty-four (24) hours of discovery, of any damage caused by accident, vandalism, theft, acts of God, or undetermined causes. c. The Vendor shall maintain all work sites free of hazards to persons and/or property resulting from his/her operations. Any hazardous condition noted by the Vendor, which is not a result of his/her operations, shall immediately be reported to the City designee. 3.6 SCHEDULING OF WORK: a. Vendor shall coordinate and schedule the work with the City designee so that any interruption to the normal business operations is kept to a minimum. b. Vendor shall contact and meet with the City’s designee at the job site prior to commencement and at completion of any job. c. Vendor shall complete each job as instructed and outlined in 3. SCOPE OF WORK and Exhibit C_Scope of Work_Pricing Details. The City designee must be contacted regarding any problem or question(s) that arise in the scope of work. 3.7. SPECIAL CONDITIONS: a. Occasionally, unforeseen circumstances (standing water, prolonged inclement weather, parked vehicles, etc.) may make all or portions of a location unserviceable during the regular schedule. The Vendor shall notify the City designee of such occurrences and shall schedule to perform the required maintenance to the locations as soon as the pertaining circumstances are relieved. b. All Vendors shall include a list of equipment to be used in the performance of the contract with their submittal. Upon request, such equipment must be available for inspection by the City designee prior to award of the contract. DETAILED SPECIFICATIONS Pressure Washing Services 18 ITB #12-22 3.8 CHANGES IN SCOPE OF WORK: a. The City reserves the right to make changes as deemed necessary in the scope of work at any time during the term of the contract. Changes include, but are not limited to the following: o Increase or decrease in quantities of work; o Deletion or alteration of any portion of the work; o Changes in design or specification; and o Addition of new work. b. Any changes to the scope of work shall be authorized via Change Order. Change Order shall provide for any increase or decrease in the contract time or contract sum caused by such change. Only a Change Order may change the contract sum and contract time. An e-mail confirmation between the City designee and Vendor agreeing to such changes shall be acceptable. c. The City may use the cost and pricing data provided by the Vendor during the proposal phase as a basis for ordering changes in work, subject to review and agreement of Vendor. 3.9 INSPECTIONS: a. All pressure washing services shall be subject to inspection by the City during and after performance of service. The Vendor shall meet with the City’s designee to examine work that has been performed on the same day that the work has been performed. The work shall either be approved or disapproved. If the City’s designee determines that the work is unsatisfactory, the area shall be re-cleaned at the Vendor’s expense. The City, at its discretion shall have the right to reject unsatisfactory services and require correction prior to payment. b. It is agreed and understood that in the short term, if the Vendor fails to perform the work as specified herein, the City (1) will only pay for the amount of service received as determined by the City with an appropriate downward adjustment in contract price, and/or (2) may have such work completed by Parks and Recreation staff or another vendor. c. Delays in payment may result if discrepancies exist due to incomplete work and/or work not performed to City standards or per the specifications herein. The Vendor shall provide complete cooperation during such time. 3.10 INVOICES: a. The Vendor shall submit all invoices to the Parks and Recreation Department. Invoices shall indicate the date of service, services rendered, and location for which the invoice is being submitted. Invoices shall be submitted once monthly for services rendered during prior month. 3.11 ALL INCLUSIVE PRICING: a. Prices shall be inclusive of all labor, equipment, material, tools, incidentals and any other related service(s) and/or charge(s) that are necessary to complete the work outlined in this solicitation. There shall be no additional charges for mobilization, demobilization, equipment transport, fuel, fuel surcharges, disposal fees/increases, travel time, wait time, labor or insurance charges/increases, or any other charge not listed. 3.12 ADDITIONAL SERVICES: a. The City reserves the right to add additional services (i.e. parking garages, etc.) on an “as needed” basis. The Vendor shall assess the scope for the additional services, determine the square footage and provide a written estimate to the City for the requested services. There shall be no charge for job site inspections, assessments and/or written estimates. Vendor shall submit a square footage price for additional services on BID PRICING form, page 24. DETAILED SPECIFICATIONS Pressure Washing Services 19 ITB #12-22 4. MINIMUM QUALIFICATIONS. a. The Vendor shall supply, along with the bid submittal, a minimum of three (3) references for current commercial customers, where he/she performs work of a similar scope as outlined in the proposed solicitation. b. Local Office: The Vendor shall maintain an office within the Tampa Bay region with a knowledgeable representative that can be reached during normal working hours and authorized to discuss matters pertaining to this contract with the City designee. c. Employees: o The Vendor shall provide a list of employees (name and position) that would perform these services for the City with bid submittal. o The Vendor shall supply professional and suitable employees for the services outlined in this solicitation. o The City may require the Vendor to remove an employee it deems careless, incompetent, insubordinate, or otherwise objectionable, and whose continued work on City property is not in the best interest of the City. o All personnel shall be skilled in the field in which they work; that is, no minimum wage, unskilled laborers will perform the work. 8. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically, the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. DETAILED SPECIFICATIONS Pressure Washing Services 20 ITB #12-22 Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and Auto Liability policies. In addition, when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, ITB #12-22 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Pressure Washing Services 21 ITB #12-22 1. BEGINNING AND END DATE OF INITIAL TERM. April 2022 – March 2022. If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Two (2), one (1) year renewals possible at the City’s option. 4. PRICES. All pricing shall be firm for the initial term of one (1) year; except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. During the sixty (60) day period prior to each annual anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices in an amount for no more than the twelve month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for at least one year and may be adjusted thereafter as outlined in the previous paragraph. No fuel surcharges will be accepted. BID SUBMISSION Pressure Washing Services 22 ITB #12-22 1. BID SUBMISSION. It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For bids mailed and/or hand-delivered, bidder must submit one (1) signed original bid and one (1) electronic format on a CD or Thumb Drive, in a sealed container using label provided at the end of this solicitation. 2. BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not necessary to return a copy of this solicitation’s Instructions, Terms and Conditions, or Detailed Specifications with your bid response. Only submit the requested forms and any other requested or descriptive literature. Original and proper number of copies with electronic format (if applicable) Bid container properly labeled (if applicable) Exhibit C_Scope of Work_Pricing Details by Group completed on Excel, NO EXCEPTIONS Bid Pricing pages 23-24 Exceptions/Additional Materials/Addenda form Vendor Information form Scrutinized Companies form(s) as required E-Verify Eligibility form as required Offer Certification form Minimum of three (3) customer references Equipment list; reference 3.7 Special Conditions (b), page 17 Employee list; reference 4. Minimum Qualifications (c), page 19 W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf) BID PRICING Pressure Washing Services 23 ITB #12-22 Pursuant to all the contract specifications enumerated and described in this solicitation, we agree to furnish Pressure Washing Services to the City of Clearwater at the price(s) stated below. Note: Exhibit C_Scope of Work_Pricing Details: Excel worksheet is separated by group and includes estimated square footage and frequency of service. Vendors must provide price per service for each location. Each location within a “group” must be bid on for that group to be considered responsive. Partial group bids will be deemed non-responsive to the Invitation to Bid. For Bid Pricing, the completed Excel form Exhibit C_Scope of Work_Pricing Details must be submitted with bid submittal. Pressure Washing by Group Total Annual Price Group #1862 $ Group #1863 $ Group #1864 $ Group #1865 $ Group #1867 $ Group #1880 $ Total Submitted $ PAYMENT TERMS Net 30, City of Clearwater’s standard payment terms Vendor: _________________________________________ Date: _______________________________ BID PRICING Pressure Washing Services 24 ITB #12-22 ADDITIONAL SERVICES: reference 3.12, page 18 This contract may be utilized by other City Departments to provide power washing services on an “as needed” basis for the contract term. In such case, the Vendor(s) will be required to provide services under this contract in accordance with the terms, conditions, and specifications. The estimated price bid for additional work will not be a factor in determining the contract bid award. PRICE PER SQUARE FOOT FOR ADDITIONAL SERVICES $ • The City does not guarantee that any additional services will be required. Vendor: _________________________________________ Date: _______________________________ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Pressure Washing Services 25 ITB #12-22 Bidders shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): Note – Any material exceptions taken to the City’s Standard Terms and Conditions will render a Bid Non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this bid Additional Materials attached (describe--attach additional pages if needed) Addenda Bidders are responsible for verifying receipt of any addenda issued by checking the City’s website at http://www.myclearwater.com/business/bid-information/ prior to the bid opening. Failure to acknowledge any addenda issued may result in a response being deemed non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name ____ Date: ____ VENDOR INFORMATION Pressure Washing Services 26 ITB #12-22 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this bid: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. SCRUTINIZED COMPANIES FORM Pressure Washing Services 27 ITB #12-22 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by ______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ______________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE E-VERIFY ELIGIBILITY FORM Pressure Washing Services 28 ITB #12-22 VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095. 2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees. 3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. 4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. The Contractor must maintain a copy of such affidavit. 6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ____________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE OFFER CERTIFICATION Pressure Washing Services 29 ITB #12-22 By signing and submitting this Bid, the Vendor certifies that: a) It is under no legal prohibition on contracting with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process; provided that Clearwater agrees not to change or delete any copyright or proprietary notices. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: REFERENCES Pressure Washing Services 30 ITB #12-22 Instructions: The bidder shall submit a minimum of three (3) customer references for which the vendor has recently performed similar services. Additional pages may be added, if needed. Complete and return with bid submittal. Reference # 1 Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 2 Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 3 Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Vendor Name Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Pressure Washing Services 31 ITB #12-22 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #12-22, Pressure Washing Services Due Date: February 24, 2022, at 10:00 A.M. City of Clearwater Attn: Procurement PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #12-22, Pressure Washing Services Due Date: February 24, 2022, at 10:00 A.M. ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ City of Clearwater Attn: Procurement 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0257 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 5.2 SUBJECT/RECOMMENDATION: Approve a Purchase Order to Wesco Turf, Inc., of Sarasota, FL, for the purchase of landscape maintenance equipment, in an amount of $120,827.66 pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback, and 2.563(1)(d), non-competitive purchase, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Parks and Recreation Department is responsible for the regular landscape maintenance of 110 park facilities, totaling approximately 1708.52 acres of parkland, and includes tasks such as the mowing and edging of turf, clearing of debris from hardscapes, and beautifying of the city’s natural landscapes. On December 17, 2020, Council approved the addition of three new full-time positions to the Parks and Recreation Department to provide enhanced maintenance for the newly renovated Crest Lake Park. Subsequently following the grand reopening of Crest Lake Park, staff has been using existing maintenance equipment which is allocated to other landscape teams throughout the city, which poses a delay in arranging for the utilization and scheduling of the various teams accessing such equipment. This course of action has proven to be inefficient and creates back logs in performing scheduled landscape maintenance throughout the city. This equipment purchase contract will assist the department with the overall maintenance and beautification efforts at Crest Lake Park, while not hindering existing maintenance efforts throughout the city due to equipment reallocations. The equipment will be stored at Crest Lake Park, thus reducing time needed to transport equipment to the site. The proposed pricing is established under the State of Florida Department of Management Services, contract No. 25101900-21-STC awarded to Wesco Turf, Inc., for Agriculture and Lawn Equipment valid through December 31, 2023. The purchase includes additional options in the amount of $153.34, which are impractical to bid due to the equipment cost. APPROPRIATION CODE AND AMOUNT: A mid-year budget amendment will provide a transfer of $18,690.47 from parks operating budget savings to capital improvement project 93650, Crest Lake Park Improvement to provide remaining funds needed for this purchase. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 3/31/2022 Page 1 of 2 Deborah Moore Equipment Puchasing Clearwater 1900 Grand Ave Clearwater, FL 33765 Dear Deborah Moore, Thank you for your interest in Wesco Turf. Per your request, I am pleased to submit the enclosed quotation for your review. Should you have any further questions regarding this proposal, please do not hesitate to contact me or our office. My direct phone number and email address are listed below for your convenience. Once again, thank you for your consideration of Wesco Turf. Best Regards, Jason Griffeth Commercial Sports Fields & Grounds Territory Manager (941) 650-1256, jason.griffeth@wescoturf.com Q-07634 Page 2 of 2 2101 Cantu Court, Sarasota FL 34232 Date: March 2, 2022 300 Technology Park, Lake Mary FL 32746 Expires: March 23, 2022 7037-37 Commonwealth Avenue, Jacksonville FL 32220 Prepared For: Bill To: Ship To: Deborah Moore CLEARWATER, CITY OF CITY OF CLEARWATER/FLEET MAINT Equipment Puchasing P.O. BOX 4748 1900 GRAND AVE. Clearwater CLEARWATER, FL 33758-4748 CLEARWATER, FL 33765 1900 Grand Ave Clearwater, FL 33765 State Contract Number: 25101900-21-STC Total Units Qty Model No. Description MSRP Each Price Each Extended Price 1 1 72098 Toro Z7500-D 37HP Yanmar Diesel w/96 in TURBO FORCD RD Deck $53,332.00 $41,705.62 $41,705.62 1 135-2449 96 in RD Mulch Kit $196.09 $153.34 $153.34 Total $41,858.96 Terms: Net 30 Equipment Total $41,858.96 Sales Tax $0.00 Totals: $41,858.96 Warranty The above quote meets or exceeds ANSI Safety Specification. Toro Consumer / Landscape Contractor Equipment carries a two- year unlimited hours or 5 year 1200 hour warranty. The preceding pricing is good for 30 days, not including Sales Tax, after which time new pricing would have to be submitted. Time of delivery may vary; please check when placing order. All payments are subject to state and local taxes. Please indicate your acceptance of this quote as an order by signing below and returning via email to jason.griffeth@wescoturf.com or fax 941.487.6889. Time of delivery may vary; please check when placing order. Signed: Name: Date:_es_:signer1:date}} Thank you for considering Wesco Turf, Inc. for your equipment needs. If I can be of any further assistance, please do not hesitate to contact me. Sincerely, Jason Griffeth Commercial Sports Fields & Grounds Territory Manager (941) 650-1256, jason.griffeth@wescoturf.com Page 1 of 2 Deborah Moore Equipment Puchasing Clearwater 1900 Grand Ave Clearwater, FL 33765 Dear Deborah Moore, Thank you for your interest in Wesco Turf. Per your request, I am pleased to submit the enclosed quotation for your review. Should you have any further questions regarding this proposal, please do not hesitate to contact me or our office. My direct phone number and email address are listed below for your convenience. Once again, thank you for your consideration of Wesco Turf. Best Regards, Jason Griffeth Commercial Sports Fields & Grounds Territory Manager (941) 650-1256, jason.griffeth@wescoturf.com Q-07633 Page 2 of 2 2101 Cantu Court, Sarasota FL 34232 Date: March 2, 2022 300 Technology Park, Lake Mary FL 32746 Expires: March 23, 2022 7037-37 Commonwealth Avenue, Jacksonville FL 32220 Prepared For: Bill To: Ship To: Deborah Moore CLEARWATER, CITY OF CITY OF CLEARWATER/FLEET MAINT Equipment Puchasing P.O. BOX 4748 1900 GRAND AVE. Clearwater CLEARWATER, FL 33758-4748 CLEARWATER, FL 33765 1900 Grand Ave Clearwater, FL 33765 State Contract Number: 25101900-21-STC Total Units Qty Model No. Description MSRP Each Price Each Extended Price 1 1 30609 Toro Groundsmaster 4000-D T4F $100,096.00 $78,275.07 $78,275.07 1 30669 White Universal Sunshade $887.00 $693.63 $693.63 Total $78,968.70 Terms: Net 30 Equipment Total $78,968.70 Sales Tax $0.00 Totals: $78,968.70 Warranty The above quote meets or exceeds ANSI Safety Specification. Toro Commercial Equipment carries a two-year or 1500 hour warranty. The preceding pricing is good for 30 days, not including Sales Tax, after which time new pricing would have to be submitted. Time of delivery may vary; please check when placing order. All payments are subject to state and local taxes. Please indicate your acceptance of this quote as an order by signing below and returning via email to jason.griffeth@wescoturf.com or fax 941.487.6889. Time of delivery may vary; please check when placing order. Signed: Name: Date:_es_:signer1:date}} Thank you for considering Wesco Turf, Inc. for your equipment needs. If I can be of any further assistance, please do not hesitate to contact me. Sincerely, Jason Griffeth Commercial Sports Fields & Grounds Territory Manager (941) 650-1256, jason.griffeth@wescoturf.com State Term Contract No. 25101900-21-STC Agriculture and Lawn Equipment Page 1 of 2 This Contract is between the State of Florida, Department of Management Services (Department), an agency of the State of Florida, and Wesco Turf, Inc. (Contractor), collectively referred to herein as the “Parties.” Accordingly, the Parties agree as follows: I. Initial Contract Term. The Initial Contract Term shall be for three (3) years. The Initial Contract Term shall begin on January 1, 2021, or on the last date it is signed by all Parties, whichever is later. The Contract shall expire on December 31, 2023, unless terminated earlier in accordance with the Special Contract Conditions. II. Renewal Term. Upon mutual written agreement, the Parties may renew this Contract, in whole or in part, for a Renewal Term not to exceed the Initial Contract Term, pursuant to the incorporated Special Contract Conditions. III. Contract. As used in this document, “Contract” (whether or not capitalized) shall, unless the context requires otherwise, include this document and all incorporated Attachments, which set forth the entire understanding of the Parties and supersedes all prior agreements. All modifications to this Contract must be in writing and signed by all Parties. All Attachments listed below are incorporated in their entirety into, and form part of, this Contract. The Contract Attachments shall have priority in the order listed: a) Attachment 2, Scope of Work b) Attachment 7, Contractor’s Submitted Product Group Discount Sheet (Attachment C) from ITB No. 20-25101900-ITB) c) Attachment 8, Contractor’s Submitted MSRP List d) Attachment 5, Preferred Pricing Affidavit e) Attachment 6, Contractor’s Submitted Price Sheet f) Attachment 1, Special Contract Conditions g) Attachment 3, Price Quote Form h) Attachment 4, Acknowledgement of Order DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Page 2 of 2 IV. Contract Management. Department’s Contract Manager: Shaveon Nelson Division of State Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 370.1X Tallahassee, Florida 32399-0950 Telephone: (850) 922-1214 Email: Shaveon.Nelson@dms.fl.gov Contractor’s Contract Manager: Frank Pittman Wesco Turf, Inc. 2101 Cantu Court Sarasota, FL 34232 Telephone: (941) 487-6834 Email: Frank.Pitman@wescoturf.com IN WITNESS THEREOF, the Parties hereto have caused this Contract, which includes the incorporated Attachments, to be executed by their undersigned officials as duly authorized. This Contract is not valid and binding until signed and dated by the Parties. Wesco Turf, Inc. STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES _____________________________ _______________________________ [Name] Tami Fillyaw, Chief of Staff _____________________________ _______________________________ Date: Date: DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 1/12/2021 | 3:50 PM PST Frank Pitman 1/15/2021 | 10:11 AM EST SP approved version 7‐1‐2019 1  ATTACHMENT 1 SPECIAL CONTRACT CONDITIONS JULY 1, 2019 VERSION Table of Contents SECTION 1. DEFINITION. .......................................................................................................................... 2  SECTION 2. CONTRACT TERM AND TERMINATION. ................................................................................ 2  SECTION 3. PAYMENT AND FEES. ............................................................................................................ 3  SECTION 4. CONTRACT MANAGEMENT. ................................................................................................. 4  SECTION 5. COMPLIANCE WITH LAWS. ................................................................................................... 6  SECTION 6. MISCELLANEOUS. ................................................................................................................. 7  SECTION 7. LIABILITY AND INSURANCE…………………………………………………………………………………………….. 9   SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL  PROPERTY. ............................................................................................................................................. 10  SECTION 9. DATA SECURITY. ................................................................................................................. 12  SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. ......................................................... 13  SECTION 11. CONTRACT MONITORING. ............................................................................................... 14  SECTION 12. CONTRACT AUDITS. .......................................................................................................... 15  SECTION 13. BACKGROUND SCREENING AND SECURITY. ..................................................................... 16  SECTION 14. WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM. ................................................... 17  In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000 is included herein by reference but is superseded in its entirety by these Special Contract Conditions. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 SP approved version 7‐1‐2019 2  SECTION 1. DEFINITION. The following definition applies in addition to the definitions in Chapter 287, Florida Statutes (F.S.), and Rule Chapter 60A-1, Florida Administrative Code (F.A.C.): 1.1 Customer. The agency or eligible user that purchases commodities or contractual services pursuant to the Contract. SECTION 2. CONTRACT TERM AND TERMINATION. 2.1 Initial Term. The initial term will begin on the date set forth in the Contract documents or on the date the Contract is signed by all Parties, whichever is later. 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(13), F.S. 2.3 Suspension of Work and Termination. 2.3.1 Suspension of Work. The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. The Customer may suspend a resulting contract or purchase order, at any time, when in the best interest of the Customer to do so. The Department or Customer will provide the Contractor written notice outlining the particulars of the suspension. After receiving a suspension notice, the Contractor must comply with the notice and will cease the performance of the Contract or purchase order. Suspension of work will not entitle the Contractor to any additional compensation. The Contractor will not resume performance of the Contract or purchase order until so authorized by the Department. 2.3.2 Termination for Convenience. The Contract may be terminated by the Department in whole or in part at any time, in the best interest of the State of Florida. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor. 2.3.3 Termination for Cause. If the performance of the Contractor is not in compliance with the Contract requirements or the Contractor has defaulted, the Department may: (a) immediately terminate the Contract; (b) notify the Contractor of the noncompliance or default, require correction, and specify the date by which the correction must be completed before the Contract is terminated; or (c) take other action deemed appropriate by the Department. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 SP approved version 7‐1‐2019 3  SECTION 3. PAYMENT AND FEES. 3.1 Pricing. The Contractor will not exceed the pricing set forth in the Contract documents. 3.2 Price Decreases. The following price decrease terms will apply to the Contract: 3.2.1 Quantity Discounts. Contractor may offer additional discounts for one-time delivery of large single orders; 3.2.2 Preferred Pricing. The Contractor guarantees that the pricing indicated in this Contract is a maximum price. Additionally, Contractor’s pricing will not exceed the pricing offered under comparable contracts. Comparable contracts are those that are similar in size, scope, and terms. In compliance with section 216.0113, F.S., Contractor must annually submit an affidavit from the Contractor’s authorized representative attesting that the Contract complies with this clause. 3.2.3 Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, the Contractor may conduct sales promotions involving price reductions for a specified lesser period. The Contractor must submit documentation identifying the proposed: (1) starting and ending dates of the promotion, (2) commodities or contractual services involved, and (3) promotional prices compared to then-authorized prices. 3.3 Payment Invoicing. The Contractor will be paid upon submission of invoices to the Customer after delivery and acceptance of commodities or contractual services is confirmed by the Customer. Invoices must contain sufficient detail for an audit and contain the Contract Number and the Contractor’s Federal Employer Identification Number. 3.4 Purchase Order. A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract and, if applicable, the Contractor must provide commodities or contractual services pursuant to purchase orders. Purchase orders issued pursuant to the Contract must be received by the Contractor no later than the close of business on the last day of the Contract’s term. The Contractor is required to accept timely purchase orders specifying delivery schedules that extend beyond the Contract term even when such extended delivery will occur after expiration of the Contract. Purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the Contract shall survive the termination or expiration of the Contract and apply to the Contractor’s performance. The duration of purchase orders for recurring deliverables shall not exceed the expiration of the Contract by more than twelve months. Any purchase order terms and conditions conflicting with these Special Contract Conditions shall not become a part of the Contract. 3.5 Travel. Travel expenses are not reimbursable unless specifically authorized by the Customer in writing and may be reimbursed only in accordance with section 112.061, F.S. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 SP approved version 7‐1‐2019 4  3.6 Annual Appropriation. Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an agency for the purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida’s performance and obligation to pay under the Contract is contingent upon an annual appropriation by the Legislature. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), F.S. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. 3.8 Taxes. Taxes, customs, and tariffs on commodities or contractual services purchased under the Contract will not be assessed against the Customer or Department unless authorized by Florida law. 3.9 Return of Funds. Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor. The Contractor must return any overpayment within forty (40) calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment. SECTION 4. CONTRACT MANAGEMENT. 4.1 Composition and Priority. The Contractor agrees to provide commodities or contractual services to the Customer as specified in the Contract. Additionally, the terms of the Contract supersede the terms of all prior agreements between the Parties on this subject matter. 4.2 Notices. All notices required under the Contract must be delivered to the designated Contract Manager in a manner identified by the Department. 4.3 Department’s Contract Manager. The Department’s Contract Manager, who is primarily responsible for the Department’s oversight of the Contract, will be identified in a separate writing to the Contractor upon Contract signing in the following format: Department’s Contract Manager Name DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 SP approved version 7‐1‐2019 5  Department’s Name Department’s Physical Address Department’s Telephone # Department’s Email Address If the Department changes the Contract Manager, the Department will notify the Contractor. Such a change does not require an amendment to the Contract. 4.4 Contractor’s Contract Manager. The Contractor’s Contract Manager, who is primarily responsible for the Contractor’s oversight of the Contract performance, will be identified in a separate writing to the Department upon Contract signing in the following format: Contractor’s Contract Manager Name Contractor’s Name Contractor’s Physical Address Contractor’s Telephone # Contractor’s Email Address If the Contractor changes its Contract Manager, the Contractor will notify the Department. Such a change does not require an amendment to the Contract. 4.5 Diversity. 4.5.1 Office of Supplier Diversity. The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority-owned small business enterprises to participate in procurements and contracts. The Department encourages supplier diversity through certification of woman-, veteran-, and minority-owned small business enterprises and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at osdinfo@dms.myflorida.com. 4.5.2 Diversity Reporting. Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each agency purchasing under the Contract. 4.6 RESPECT. Subject to the agency determination provided for in section 413.036, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES; DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 SP approved version 7‐1‐2019 6  AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. Additional information about RESPECT and the commodities or contractual services it offers is available at https://www.respectofflorida.org. 4.7 PRIDE. Subject to the agency determination provided for in sections 287.042(1) and 946.515, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. Additional information about PRIDE and the commodities or contractual services it offers is available at https://www.pride-enterprises.org. SECTION 5. COMPLIANCE WITH LAWS. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status. The provisions of subparagraphs 287.058(1)(a)-(c), and (g), F.S., are hereby incorporated by reference. 5.2 Dispute Resolution, Governing Law, and Venue. Any dispute concerning performance of the Contract shall be decided by the Department's designated Contract Manager, who will reduce the decision to writing and serve a copy on the Contractor. The decision of the Contract Manager shall be final and conclusive. Exhaustion of this administrative remedy is an absolute condition precedent to the Contractor's ability to pursue legal action related to the Contract or any other form of dispute resolution. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives all privileges and rights relating to venue it may have under Chapter 47, F.S., and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to, those based on convenience. The Contractor hereby submits to venue in the county chosen by the Department. 5.3 Department of State Registration. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 SP approved version 7‐1‐2019 7  Consistent with Title XXXVI, F.S., the Contractor and any subcontractors that assert status, other than a sole proprietor, must provide the Department with conclusive evidence of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity. 5.4 Suspended, Convicted, and Discriminatory Vendor Lists. In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate who is on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List during the term of the Contract. 5.5 Scrutinized Companies - Termination by the Department. The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. 5.6 Cooperation with Inspector General and Records Retention. Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for the longer of five years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State’s Records Management website. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor agrees to impose the same obligations to cooperate with the Inspector General and retain records on any subcontractors used to provide goods or services under the Contract. SECTION 6. MISCELLANEOUS. 6.1 Subcontractors. The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all its subcontracted work. The Department supports diversity in its procurements and contracts, and requests that the Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 SP approved version 7‐1‐2019 8  Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on certified small business enterprises available for subcontracting opportunities. 6.2 Assignment. The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations under the Contract without the prior written consent of the Department. However, the Contractor may waive its right to receive payment and assign same upon notice to the Department. In the event of any assignment, the Contractor remains responsible for performance of the Contract, unless such responsibility is expressly waived by the Department. The Department may assign the Contract with prior written notice to the Contractor. 6.3 Independent Contractor. The Contractor and its employees, agents, representatives, and subcontractors are independent contractors and not employees or agents of the State of Florida and are not entitled to State of Florida benefits. The Department and Customer will not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all its subcontracts under the Contract. 6.4 Inspection and Acceptance of Commodities. 6.4.1 Risk of Loss. Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering carrier’s bill of lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier’s bill of lading and damage inspection report. 6.4.2 Rejected Commodities. When a Customer rejects a commodity, Contractor will remove the commodity from the premises within ten (10) calendar days after notification of rejection, and the risk of loss will remain with the Contractor. Commodities not removed by the Contractor within ten (10) calendar days will be deemed abandoned by the Contractor, and the Customer will have the right to dispose of such commodities. Contractor will reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities. 6.5 Safety Standards. Performance of the Contract for all commodities or contractual services must comply with requirements of the Occupational Safety and Health Act and other applicable State of Florida and federal requirements. 6.6 Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include disseminating information relative to prompt payment and assisting contractors in receiving their payments in a timely manner from a Customer. The Vendor Ombudsman may be contacted at (850) 413-5516. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 SP approved version 7‐1‐2019 9  6.7 Time is of the Essence. Time is of the essence regarding every obligation of the Contractor under the Contract. Each obligation is deemed material, and a breach of any such obligation (including a breach resulting from untimely performance) is a material breach. 6.8 Waiver. The delay or failure by the Department or the Customer to exercise or enforce any rights under the Contract will not constitute waiver of such rights. 6.9 Modification and Severability. The Contract may only be modified by written agreement between the Department and the Contractor. Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Contract did not contain the provision held invalid. 6.10 Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not Customers may make purchases under the terms and conditions contained herein, if agreed to by Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the Department is not a party to these transactions. Agencies seeking to make purchases under this Contract are required to follow the requirements of Rule 60A-1.045(5), F.A.C. SECTION 7. LIABILITY AND INSURANCE. 7.1 Workers’ Compensation Insurance. The Contractor shall maintain workers’ compensation insurance as required under the Florida Workers’ Compensation Law or the workers’ compensation law of another jurisdiction where applicable. The Contractor must require all subcontractors to similarly provide workers’ compensation insurance for all of the latter’s employees. In the event work is being performed by the Contractor under the Contract and any class of employees performing the work is not protected under Workers’ Compensation statutes, the Contractor must provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of employees not otherwise protected.   7.2 General Liability Insurance. The Contractor must secure and maintain Commercial General Liability Insurance, including bodily injury, property damage, products, personal and advertising injury, and completed operations. This insurance must provide coverage for all claims that may arise from performance of the Contract or completed operations, whether by the Contractor or anyone directly or indirectly employed by the Contractor. Such insurance must include the State of Florida as an additional insured for the entire length of the resulting contract. The Contractor is responsible for determining the minimum limits of liability necessary to provide reasonable financial protections to the Contractor and the State of Florida under the resulting contract. 7.3 Florida Authorized Insurers. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 SP approved version 7‐1‐2019 10  All insurance shall be with insurers authorized and eligible to transact the applicable line of insurance business in the State of Florida. The Contractor shall provide Certification(s) of Insurance evidencing that all appropriate coverage is in place and showing the Department to be an additional insured. 7.4 Performance Bond. Unless otherwise prohibited by law, the Department may require the Contractor to furnish, without additional cost to the Department, a performance bond or irrevocable letter of credit or other form of security for the satisfactory performance of work hereunder. The Department shall determine the type and amount of security.   7.5 Indemnification. To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and hold the Customer and the State of Florida, its officers, employees, and agents harmless from all fines, claims, assessments, suits, judgments, or damages, including consequential, special, indirect, and punitive damages, including court costs and attorney’s fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, or intellectual property right or out of any acts, actions, breaches, neglect, or omissions of the Contractor, its employees, agents, subcontractors, assignees, or delegates related to the Contract, as well as for any determination arising out of or related to the Contract that the Contractor or Contractor’s employees, agents, subcontractors, assignees, or delegates are not independent contractors in relation to the Customer. The Contract does not constitute a waiver of sovereign immunity or consent by the Customer or the State of Florida or its subdivisions to suit by third parties. Without limiting this indemnification, the Customer may provide the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor’s sole expense, and (3) assistance in defending the action at Contractor’s sole expense. 7.6 Limitation of Liability. Unless otherwise specifically enumerated in the Contract or in the purchase order, neither the Department nor the Customer shall be liable for special, indirect, punitive, or consequential damages, including lost data or records (unless the Contract or purchase order requires the Contractor to back-up data or records), even if the Department or Customer has been advised that such damages are possible. Neither the Department nor the Customer shall be liable for lost profits, lost revenue, or lost institutional operating savings. The Department or Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs, and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY. 8.1 Public Records. 8.1.1 Termination of Contract. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 SP approved version 7‐1‐2019 11  The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F. S., made or received by the Contractor in conjunction with the Contract. 8.1.2 Statutory Notice. Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS, AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the completion of the Contract if the Contractor does not transfer the records to the public agency. (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 8.2 Protection of Trade Secrets or Otherwise Confidential Information. 8.2.1 Contractor Designation of Trade Secrets or Otherwise Confidential Information. If the Contractor considers any portion of materials to be trade secret under section 688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as trade secret or otherwise confidential when submitted to the Department. The Contractor will be DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 SP approved version 7‐1‐2019 12  responsible for responding to and resolving all claims for access to Contract-related materials it has designated trade secret or otherwise confidential. 8.2.2 Public Records Requests. If the Department receives a public records request for materials designated by the Contractor as trade secret or otherwise confidential under Florida or federal law, the Contractor will be responsible for taking the appropriate legal action in response to the request. If the Contractor fails to take appropriate and timely action to protect the materials designated as trade secret or otherwise confidential, the Department will provide the materials to the requester. 8.2.3 Indemnification Related to Confidentiality of Materials. The Contractor will protect, defend, indemnify, and hold harmless the Department for claims, costs, fines, and attorney’s fees arising from or relating to its designation of materials as trade secret or otherwise confidential. 8.3 Document Management. The Contractor must retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers, and documents that were made in relation to this Contract. The Contractor must retain all documents related to the Contract for five (5) years after expiration of the Contract or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at the Department of State’s Records Management website. 8.4 Intellectual Property. 8.4.1 Ownership. Unless specifically addressed otherwise in the Contract, the State of Florida shall be the owner of all intellectual property rights to all property created or developed in connection with the Contract. 8.4.2 Patentable Inventions or Discoveries. Any inventions or discoveries developed in the course, or as a result, of services in connection with the Contract that are patentable pursuant to 35 U.S.C. § 101 are the sole property of the State of Florida. Contractor must inform the Customer of any inventions or discoveries developed or made through performance of the Contract, and such inventions or discoveries will be referred to the Florida Department of State for a determination on whether patent protection will be sought. The State of Florida will be the sole owner of all patents resulting from any invention or discovery made through performance of the Contract. 8.4.3 Copyrightable Works. Contractor must notify the Department or State of Florida of any publications, artwork, or other copyrightable works developed in connection with the Contract. All copyrights created or developed through performance of the Contract are owned solely by the State of Florida. SECTION 9. DATA SECURITY. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 SP approved version 7‐1‐2019 13  The Contractor will maintain the security of State of Florida data including, but not limited to, maintaining a secure area around any displayed visible data and ensuring data is stored and secured when not in use. The Contractor and subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida data to be sent by any medium, transmitted, or accessed outside the United States due to Contractor’s action or inaction. In the event of a security breach involving State of Florida data, the Contractor shall give notice to the Customer and the Department within one business day. “Security breach” for purposes of this section will refer to a confirmed event that compromises the confidentiality, integrity, or availability of data. Once a data breach has been contained, the Contractor must provide the Department with a post-incident report documenting all containment, eradication, and recovery measures taken. The Department reserves the right in its sole discretion to enlist a third party to audit Contractor’s findings and produce an independent report, and the Contractor will fully cooperate with the third party. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information. SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. 10.1 Gratuities. The Contractor will not, in connection with this Contract, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State of Florida officer’s or employee’s decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State of Florida officer or employee. 10.2 Lobbying. In accordance with sections 11.062 and 216.347, F.S., Contract funds are not to be used for the purpose of lobbying the Legislature, the judicial branch, or the Department. Pursuant to section 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Contract after the Contract is executed and during the Contract term. 10.3 Communications. 10.3.1 Contractor Communication or Disclosure. The Contractor shall not make any public statements, press releases, publicity releases, or other similar communications concerning the Contract or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with the Contract, without first notifying the Customer’s Contract Manager and securing the Customer’s prior written consent. 10.3.2 Use of Customer Statements. The Contractor shall not use any statement attributable to the Customer or its employees for the Contractor’s promotions, press releases, publicity releases, marketing, corporate communications, or other similar communications, without first notifying the Customer’s Contract Manager and securing the Customer’s prior written consent. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 SP approved version 7‐1‐2019 14  SECTION 11. CONTRACT MONITORING. 11.1 Performance Standards. The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof. 11.2 Performance Deficiencies and Financial Consequences of Non-Performance. 11.2.1 Proposal of Corrective Action Plan. In addition to the processes set forth in the Contract (e.g., service level agreements), if the Department or Customer determines that there is a performance deficiency that requires correction by the Contractor, then the Department or Customer will notify the Contractor. The correction must be made within a time-frame specified by the Department or Customer. The Contractor must provide the Department or Customer with a corrective action plan describing how the Contractor will address all performance deficiencies identified by the Department or Customer. 11.2.2 Retainage for Unacceptable Corrective Action Plan or Plan Failure. If the corrective action plan is unacceptable to the Department or Customer, or implementation of the plan fails to remedy the performance deficiencies, the Department or Customer will retain ten percent (10%) of the total invoice amount. The retainage will be withheld until the Contractor resolves the performance deficiencies. If the performance deficiencies are resolved, the Contractor may invoice the Department or Customer for the retained amount. If the Contractor fails to resolve the performance deficiencies, the retained amount will be forfeited to compensate the Department or Customer for the performance deficiencies. 11.3 Performance Delay. 11.3.1 Notification. The Contractor will promptly notify the Department or Customer upon becoming aware of any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any commodity or contractual service. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Department or the Customer of the steps the Contractor is taking or will take to do so, and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Department or the Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Department and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department’s delay. 11.3.2 Liquidated Damages. The Contractor acknowledges that delayed performance will damage the DepartmentCustomer, but by their nature such damages are difficult to ascertain. Accordingly, the liquidated damages provisions stated in the Contract documents will apply. Liquidated damages are not intended to be a penalty and are solely intended to compensate for damages. 11.4 Force Majeure, Notice of Delay, and No Damages for Delay. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 SP approved version 7‐1‐2019 15  The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay, and the delay is due directly to fire, explosion, earthquake, windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism, civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly beyond the Contractor’s reasonable control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. The foregoing does not excuse delay which could have been avoided if the Contractor implemented any risk mitigation required by the Contract. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) calendar days after the cause that created or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) calendar days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor’s sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers and the Department with respect to commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. SECTION 12. CONTRACT AUDITS. 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor’s and subcontractors’ data and records that directly relate to the Contract. To the extent necessary to verify the Contractor’s fees and claims for payment under the Contract, the Contractor’s agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days’ notice, during normal working hours and in accordance with the Contractor’s facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor’s contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida’s Chief Financial Officer, the Office of the Auditor General also have authority to perform audits and inspections. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 SP approved version 7‐1‐2019 16  12.2 Payment Audit. Records of costs incurred under terms of the Contract will be maintained in accordance with section 8.3 of these Special Contract Conditions. Records of costs incurred will include the Contractor’s general accounting records, together with supporting documents and records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the Department, the State of Florida’s Chief Financial Officer, or the Office of the Auditor General. SECTION 13. BACKGROUND SCREENING AND SECURITY. 13.1 Background Check. The Department or Customer may require the Contractor to conduct background checks of its employees, agents, representatives, and subcontractors as directed by the Department or Customer. The cost of the background checks will be borne by the Contractor. The Department or Customer may require the Contractor to exclude the Contractor’s employees, agents, representatives, or subcontractors based on the background check results. In addition, the Contractor must ensure that all persons have a responsibility to self-report to the Contractor within three (3) calendar days any arrest for any disqualifying offense. The Contractor must notify the Contract Manager within twenty-four (24) hours of all details concerning any reported arrest. Upon the request of the Department or Customer, the Contractor will re-screen any of its employees, agents, representatives, and subcontractors during the term of the Contract. 13.2 E-Verify. The Contractor must use the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired during the term of the Contract for the services specified in the Contract. The Contractor must also include a requirement in subcontracts that the subcontractor must utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. In order to implement this provision, the Contractor must provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five (5) calendar days of Contract execution. If the Contractor is not enrolled in DHS E-Verify System, it will do so within five (5) calendar days of notice of Contract award and provide the Contract Manager a copy of its MOU within five (5) calendar days of Contract execution. The link to E-Verify is https://www.uscis.gov/e-verify. Upon each Contractor or subcontractor new hire, the Contractor must provide a statement within five (5) calendar days to the Contract Manager identifying the new hire with its E-Verify case number. 13.3 Disqualifying Offenses. If at any time it is determined that a person has been found guilty of a misdemeanor or felony offense as a result of a trial or has entered a plea of guilty or nolo contendere, regardless of whether adjudication was withheld, within the last six (6) years from the date of the court’s determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that person from any position with access to State of Florida data or directly performing services under the Contract. The disqualifying offenses are as follows: (a) Computer related crimes; (b) Information technology crimes; DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 SP approved version 7‐1‐2019 17  (c) Fraudulent practices; (d) False pretenses; (e) Frauds; (f) Credit card crimes; (g) Forgery; (h) Counterfeiting; (i) Violations involving checks or drafts; (j) Misuse of medical or personnel records; and (k) Felony theft. 13.4 Confidentiality. The Contractor must maintain confidentiality of all confidential data, files, and records related to the commodities or contractual services provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor’s confidentiality procedures must be consistent with the most recent version of the Department security policies, protocols, and procedures. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. SECTION 14. WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Page 1 of 16 Attachment 2 Scope of Work 1. Purpose To provide Customers with Agriculture and Lawn Equipment on a statewide basis, pursuant to the terms set forth in this Scope of Work. 2. Definitions Accessory(ies) – A part or object used for convenience, attractiveness, safety, etc. to improve Base Equipment capability which meet the requirements, specifications, terms, and conditions herein, and may be installed to, uninstalled from, or provided with or separately from the Base Equipment by the Manufacturer or Dealer, as specified, ordered, legal, customary, reasonable, and prudent in the industry. Base Equipment – A Manufacturer’s Base Agriculture and Lawn Equipment without the inclusion of OEM or Non-OEM Options, Parts, Accessories, and Implements. Base Equipment may be identified by a combination of the Manufacturer’s name, trade name, brand name, make name, model name, model number or catalog number. Business Day – Monday through Friday, inclusive, except for those holidays specified in section 110.117, F.S., from 8:00 a.m. to 5:00 p.m. at the Customer’s location. Commodity(ies) – As defined in section 287.012 F.S. Commodities may include Base Equipment; OEM and Non-OEM Options, Parts, Accessories, and Implements; and other products available through this Contract. Commodities may also be referred to throughout as “Agriculture and Lawn Equipment”. Commodity Code – The State’s numeric code for classifying Commodities which meet specific requirements, specifications, terms, and conditions herein. Florida has adopted the United Nations Standard Products and Services Code (UNSPSC) for classifying Commodities. Contract – The written agreement between the Department and the Contractor. Contractor – A Vendor that enters a Contract with the Department as a result of the ITB. Customer – A state agency or eligible user. Dealer – A Manufacturer’s certified representative who has been authorized by the Manufacturer to market, sell, provide, and service the Commodities of the Manufacturer that are responsive to the Contract. Dealers may be Contractor-owned and -controlled (in whole or in part), or independently owned and controlled. Department – The Department of Management Services, a State Agency. Group – A series of Commodities with applicable Commodity Codes which are described in the Product Group Discount Sheet. A Group may or may not include Sub-Groups. Implement(s) – A tool, utensil, or other piece of equipment, especially as used for a particular purpose or to improve Base Equipment capability which meet the requirements, specifications, DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Page 2 of 16 terms, and conditions herein, and may be installed to, uninstalled from, or provided with or separately from the Base Equipment by the Manufacturer or Dealer, as specified, ordered, legal, customary, reasonable, and prudent in the industry. Manufacturer – The producer or provider of Agriculture and Lawn Equipment which possess the minimum quality, reliability, service, and value required by the Department and Customers. May be used interchangeably with Brand Name. Manufacturer’s Suggested Retail Price (MSRP) – The MSRP represents the Manufacturer’s recommended retail selling price, list price, published price, or other usual and customary price that would be paid by the Customer for specific Commodities without the benefit of a Contract resulting from this solicitation. It must be publicly listed, available, and verifiable by the Department. MSRP Credit – The MSRP price of OEM and Non-OEM Options, Parts, Accessory(ies) or Implements that are deducted from the Base Equipment price paid by the Customer if removed from the Base Equipment. MSRP List – The Manufacturer’s Suggested Retail Price List, a collection of MSRPs and related information broken down by specific Commodities. In the priority listed below, only the following are acceptable sources of current and revised MSRPs and MSRP Lists for use under the resulting Contract: • Manufacturer’s Annual U.S. Price Book, • Manufacturer’s official website or dealer software; and • Autodata, Inc. d/b/a Chrome Data’sTM Carbook Pro Fleet Edition. Net Price – The final price paid by the Customer after applying all MSRP discounts and MSRP Credits. The Net Price for Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, and components shall include all charges for the Commodity, including but not limited to packing, handling, freight, distribution, transportation, startup, pre-delivery, delivery, inspection, installation, construction, assembly, title, and registration. Additional charges for a Commodity shall not be charged outside of the Net Price unless expressly provided within the Scope of Work. Non-OEM – Produced by a manufacturer or party other than the OEM. Options – Options requested by the Customer specifically for the Agriculture and Lawn Base Equipment which meet the requirements, specifications, terms, and conditions herein, and may be installed to, uninstalled from, or provided with or separately from the Base Equipment by the Manufacturer or Dealer, as specified, ordered, legal, customary, reasonable, and prudent in the industry. Original Equipment Manufacturer (OEM) – The original Manufacturer of a Commodity. Parts – Repair or service parts for Base Equipment which meet the requirements, specifications, terms, and conditions herein, and may be installed to, uninstalled from, or provided with or separately from the Base Equipment by the Manufacturer or Dealer, as specified, ordered, legal, customary, reasonable, and prudent in the industry. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Page 3 of 16 Sub-Group – A specific series of Commodities within a Group which are described in the Product Group Discount Sheet. A Group may or may not include Sub-Groups. State – The State of Florida. 3. Scope of Work 3.1 Commodity Specifications and Standards All Commodities, including all Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, and components, shall meet the following minimum requirements: 1. All Commodities shall be designed, constructed, equipped, assembled (except as specified in the Transportation and Delivery section), and installed to be fully suitable for their intended use, purpose, and service. The Contractor is not required to install Parts purchased by the Customer unless specifically agreed to by the Customer and Contractor; 2. All Commodities shall be new and unused (except as specified in the Transportation and Delivery section), for the current Manufacturer’s model year or later, of current or recent production, and of the latest design and construction; 3. All Commodities shall be biodiesel (B-20), compressed natural gas (“CNG”), diesel, electric, gasoline (E-10 to E-85), liquefied petroleum gas (“LPG”), natural gas, or propane powered. 4. All Commodities shall include all OEM standard features, equipment, and components, Manufacturer or Dealer installed according to the Manufacturer’s standard procedures, requirements, and specifications; 5. All Commodities shall be free of damage and / or rust which may affect appearance or serviceability; 6. All Commodities shall be professionally designed, manufactured, installed, and serviced pursuant to the industry standard of care; 7. All Commodities shall comply with required state and federal laws, including but not limited to: motor vehicle, mobile equipment, safety, and environmental laws; and 8. All Commodities shall meet the requirements, specifications, terms, and conditions herein. Contactor shall ensure that no Contractor or Dealer advertising or identification (name, logos, etc.) is on the Commodities, including Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, and components. Manufacturer advertising or identification (name, model, logos, etc.) shall be permitted on the respective Commodities if such advertising or identification is a Manufacturer’s standard on the specific Commodity. The Department, in its sole discretion, shall determine what is Contractor or Dealer advertising or identification, what is Commodity Manufacturer’s advertising or identification, and what advertising or identification is acceptable. The Contractor shall be responsible for removing, without damage, all unacceptable advertising or identification. The Contractor may engage Dealers in accordance with the terms herein to provide sales and support for the awarded Commodities offered under this Contract. In the event the Contractor elects to use Dealers, the Contractor shall remain fully accountable for ensuring that the Dealer complies with the terms of this Contract. In the event the Dealers fail to comply with the terms of this Contract, the Contractor shall remain fully liable. The DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Page 4 of 16 Contractor shall ensure that Dealers remain current with the Contractor’s authorized Commodities and MSRP List. The Contractor shall remain responsible for receiving purchase orders and shall remain responsible for invoicing the Customer for payment. All invoices shall remain in the name of the Contractor. The Contractor may not utilize Dealers until receiving express authorization from the Department. Information regarding the Contractor’s addition of Dealers can be found at the following link: https://www.dms.myflorida.com/business_operations/state_purchasing/vendor_resources/s ubcontractor_dealer_reseller_forms. 3.2 Federal and State Standards It is the intent of the Department that all specifications herein are in full and complete compliance with all federal and State of Florida laws, requirements, and regulations applicable to the type and class of Commodities being provided. This includes, but is not limited to: Federal Motor Vehicle Safety Standards (“FMVSS”), Occupational Safety and Health Administration (“OSHA”), Environmental Protection Agency (“EPA”) Standards, and State of Florida laws, requirements, and regulations that apply to the type and class of Commodities being provided. In addition, the Contractor is responsible for complying with any applicable federal or State legislation that becomes effective during the term of the Contract upon the legislation’s effectiveness. The Contractor shall meet or exceed any such requirements of the laws and regulations. If an apparent conflict exists, the Contractor, regardless of whether it’s the Manufacturer or Dealer, shall contact the DMS Contract Manager immediately. 3.3 Testing Samples of delivered Commodities may be selected at random by Customers or Department and tested for compliance with the requirements, specifications, terms, and conditions. 3.4 Warranty The Manufacturer’s standard warranty shall cover all Commodities of the Contract. The Manufacturer’s standard warranty is required to provide coverage against defective material, workmanship, and failure to perform in accordance with the specifications and required performance criteria. The Manufacturer’s standard warranty coverage shall be identical to or exceed the most inclusive of those normally provided for the Commodities specified herein that are sold to any federal, state, or local governments. The Manufacturer’s standard warranty shall have a minimum term of one year from the Customer’s acceptance, as specified in the ‘Acceptance’ section, and shall begin only at the time of acceptance by the Customer. Should the Manufacturer’s standard warranty conflict with any requirements, specifications, terms, or conditions of the Contract, then the Contract requirements, specifications, terms, and conditions shall prevail. The Manufacturer’s standard warranty terms and conditions are not part of the Contract requirements, specifications, terms, and conditions. 3.5 Commodities Recall In the event there is a recall of any of the Commodities, any of its components, or any parts incorporating the equipment ("Recalled Equipment"), the Contractor shall provide reasonable assistance to the Department in developing a recall strategy and shall cooperate with the Department and the Customers in monitoring the recall operation and in preparing such DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Page 5 of 16 reports as may be required. Each Contractor shall, at the request of the Department or any Customer, give the Department and each Customer all reasonable assistance in locating and recovering any equipment or Recalled Equipment. Each Contractor shall immediately notify and provide copies to the Department of any communications, whether relating to recalls or otherwise, with any Customer. The Contractor shall ensure defective Recalled Equipment are rectified, replaced and/or destroyed in compliance with all applicable laws, rules or regulations and the Department's reasonable instructions. All Contractor efforts relating to Recalled Equipment shall be at Contractor’s own expense. 3.6 Commodity Compliance and Compatibility It is the Contractor’s responsibility to ensure that the Commodities supplied are compliant with the Contract requirements, specifications, terms, and conditions. Additionally, the Contractor shall ensure that all Commodities ordered by the Customer are fully compatible with each other and with any associated pre-existing Commodity possessed by the Customer and disclosed to the Contractor by the Customer. The Contractor’s acceptance of the Customer’s order shall indicate that the Contractor agrees to deliver a Commodity that is fully compliant and compatible with the Customer’s order requirements, specifications, terms, and conditions. In the event any ordered Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, and components are found by the Customer to be missing, incorrect, defective, damaged, non- compatible, or non-compliant, the Contractor shall, at the Customer’s discretion, be required to complete one of the following: • Install or repair the Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s), and their respective features, equipment, and components; • Replace the Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, and components; • Refund the purchase price of the Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, and components to the Customer. Any changes necessary after the delivery of the Customer’s order that are required to bring a Commodity into compliance or compatibility due to an incorrect order fulfillment by the Contractor shall be accomplished at the Contractor’s expense. 3.7 Commodities Title and Registration Agriculture and Lawn Equipment delivered under the Contract shall be titled and registered by the Contractor in accordance with Florida law, including Chapters 319 and 320, Florida Statutes. The Contractor shall send any necessary form(s) that shall be signed by an authorized representative of the Customer with the awarded Commodity upon delivery, and the Contractor shall obtain any necessary signatures and complete the titling and registration process for the Customer in a timely manner. In the event the Customer is permitted by law or policy to obtain title and registration independent of the Contractor, and chooses to obtain title and registration independent of the Contractor, the Customer will notify the Contractor in writing of this decision no later than three Business Days following receipt of the Acknowledgement of Order form. However, the DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Page 6 of 16 Customer shall then be obligated to title and register the awarded Commodity and the Contractor shall provide any documents necessary for the Customer to do so. Customers may elect to transfer an existing license plate or may choose to obtain a new license plate. • Transferring an existing license plate is the standard default order type and does not require specific notation on the Purchase Order. All related fees associated with transferring an existing license plate are included in the Base Equipment Net Price a) When obtaining a new license plate, the Customer should include a notation on the Customer Order and an additional amount to cover the cost of a new license plate. The Contractor is not required to obtain a new license plate for the Customer unless there is a notation and a new license plate fee is included on the Customer Order. All related fees except for the new license plate cost are included in the Base Equipment Net Price. The Customer’s order notation for a new license plate shall include the request for a new license plate, the type of license plate required, and a contact person’s name, title, and telephone number. b) The Contractor may obtain special plates such as “State”, “County”, or “City” from most county tax offices, but agency plates such as “DOT”, “DC”, “DNR”, etc. shall be obtained from the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, in Tallahassee, Florida. 3.8 Transportation and Delivery Transportation and Delivery shall be FOB Destination to any point statewide as follows: 1. Customers shall be notified within two Business Days when Commodities are not in stock or unavailable from the Manufacturer at the time of order. Commodities must be delivered within 180 Calendar Days after receipt of order, unless otherwise agreed to by the Customer. As soon as Commodities are back in stock, the Commodities must be delivered within 14 Calendar Days to the Customer. For any delivery not made within the 180 and 14 Calendar Days’ timeframes, the Department’s Contract Manager must be notified and given a copy of the Customer’s order. The Contractor must provide the Department’s Contract Manager any requested information and timeframe for completion of the order. 2. Commodities in stock must be delivered within 14 Calendar Days after receipt of order or the receipt of the Commodities from the Manufacturer, with one exception – Commodities requiring post-Manufacturer or Dealer installed OEM or Non-OEM Options, Parts, Accessories, and Implements shall be delivered within 30 Calendar Days after receipt of the Commodities from the Manufacturer(s). Delivery of the awarded Commodity is defined as receipt of the Commodity at the Customer’s place of business or designated location. Delivery does not constitute the Customer’s acceptance. The Contractor shall give the Customer a minimum of one Business Day notice prior to delivery. Commodities shall be delivered as stipulated by the Customer. The Contractor shall deliver Commodities by either private or common carrier transport. Where deliveries may be accomplished by driving the self-propelled, street-legal, Commodity three road miles or less, the self-propelled, street-legal Commodity may be driven to the DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Page 7 of 16 delivery location at Contractor’s sole risk and expense. The Contractor shall comply with the Manufacturer’s break-in requirements and all applicable traffic laws. All self-propelled, operator-occupied Commodities delivered by the Contractor to the Customer shall contain no less than one-quarter (1/4) tank of fuel as indicated by the fuel gauge at the time of delivery. At the Customer’s option, Commodities with less than one- quarter (1/4) tank of fuel at delivery may be rejected or a $3.00 per gallon or gallon equivalent up to one-quarter of the Commodity’s fuel tank capacity may be deducted from the invoice and payment. The Contractor shall perform the standard Manufacturer’s pre-delivery inspection and is responsible for delivering a Commodity that is properly serviced, clean, and in first class operating condition. The Contractor is required to perform the following, at a minimum, as part of its pre-delivery service: 1. Completely lubricate operating chassis, engine, and mechanisms with Manufacturer’s recommended grades of lubricants; 2. Check and fill all fluid levels to ensure proper fill; 3. Adjust engine(s) to proper operating condition(s); 4. Inflate tires to proper pressure; 5. Ensure proper operation of all accessories, gauges, lights, and mechanical and hydraulic features; 6. Clean equipment, if necessary, and remove all unnecessary and prohibited tags, stickers, papers, etc.; 7. Ensure that the awarded Commodity is completely assembled (unless otherwise noted in the following sub-section) including Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, and components and OEM Options, Parts, Accessories, and Implements, are thoroughly tested and ready for immediate operation upon delivery; and 8. Where applicable, ensure that the product is packaged in a manner which ensures safe delivery to the destination. Packaging shall comply with all federal, state, and local laws including but not limited to the requirements of section 403.7191, Florida Statutes. The Contractor shall mark each package to include the name of the Contractor, the State Term Contract number, the purchase or Customer Order number, and a brief description of the contents. The Contractor shall deliver all Commodities with each of the following completed documents: 1. Copy of the Manufacturer’s pre-delivery inspection form, which meets or exceeds the requirement herein; 2. Copy of the ordering Customer’s order; 3. Copy of the applicable Manufacturer specification(s); 4. Copy of the Manufacturer’s invoice(s) (prices may be deleted or obscured) for each Commodity, including individual Base Equipment, OEM and Non-OEM Option(s), Part(s), Accessory(ies), and Implement(s); and their respective features, equipment, and components and OEM Options, Parts, Accessories, and Implements in the shipment; 5. Manufacturer’s window sticker(s), if applicable; 6. Manufacturer’s ‘certificate of origin’, if applicable; 7. Manufacturer’s ‘operator manual’, and (if not included in the operator manual) one (1) each of the Manufacturer’s lubrication and maintenance instructions; DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Page 8 of 16 8. Copy of the Manufacturer’s standard warranty certifications; 9. Sales tax exemption form, if applicable; 10. Temporary tag and twenty (20) day extension tag, if applicable; and 11. DHSMV82040, Application for Certificate of Title and/or Vehicle Registration, if applicable. Deliveries that do not include the above applicable forms and documents, or that have forms that have been altered, or are not properly completed, may be refused. Repeated failures by the Contractor to include the above properly completed forms and publications, or that have submitted altered forms, to the ordering Customers may be cause for default proceedings and/or Contract termination. These Transportation and Delivery requirements, terms, and conditions also apply to the re-delivery of a Commodity that was previously rejected upon initial delivery. 3.9 Price Quote Form For all Customer orders, the Contractor shall complete and submit a Price Quote Form (PQF) (Attachment 3) to the Customer for the requested Commodities. All Commodities shall be itemized on the PQF and include applicable brand, model, and pricing information. The price quoted for Commodities shall not exceed the current Contract’s Net Price to Customers. The PQF shall be completed by the Contractor and returned to the Customer within two Business Days of the Contractor’s receipt of the Customer’s request for a quote. Customers are encouraged to seek more than one quote from the identified awarded Contractors, where available. Customers may negotiate with the Contractor to establish a lower price through a greater discount percentage off MSRP. 3.10 Acknowledgement of Order Form For each order, the Contractor shall provide the ordering Customer with a fully completed Acknowledgement of Order Form (Attachment 4) within five Business Days of receiving the Customer’s order. The Contractor must use the Acknowledgment of Order Form and must not make any alterations. Failure to timely provide the Customer with the Acknowledgement of Order Form shall be deemed acceptance of the order, which, if necessary, shall require the Contractor to provide the newest model of the Commodity which meets the prices, discounts, requirements, specifications, terms, and conditions herein. When the Contractor receives an order and does not have the ordered Commodities in stock and cannot deliver the Commodities to the Customer within 14 calendar days, the Contractor shall notify the ordering Customer on the Acknowledgement of Order Form. When providing the Acknowledgment of Order Form the Contractor shall provide the Customer with the Manufacturer’s order confirmation information and estimated delivery date. Submission of the Acknowledgement of Order Form is the responsibility of the Contractor without prompting or notification by the Contract Manager or Customer. Repeated failures by the Contractor to timely submit completed Acknowledgement of Order Forms to the ordering Customers may be cause for default proceedings and Contract termination. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Page 9 of 16 3.11 Acceptance The Customer, within three Business Days of delivery, will inspect the Commodity received for acceptability. The Customer should compare the physical Commodity delivered; contract prices, discounts, requirements, specifications, terms, and conditions; Customer order; and Manufacturer’s Window Sticker / Manufacturer’s Invoice(s) to ensure the Commodity received meets or exceeds the requirements, specifications, terms, and conditions of the Contract and Customer order. Additionally, the Customer should inspect the Commodity for any damage. The Contractor is obligated to correct any errors or damage. Failure by the Customer to discover an error or damage in the Commodity shall not relieve the Contractor from its obligation to correct the error or damage in the event it is found any time after the Commodity is delivered. The Parties agree that inspection and acceptance shall be the Customer’s responsibility and occur at the location of the Customer. Title and risk of loss or damage to all Commodities shall be the responsibility of the Contractor until accepted by the Customer. The Contractor shall be responsible for filing, processing, and collecting all damage claims. The Customer shall assist the Contractor by: • Recording any evidence of visible damage on all copies of the delivering carrier’s bill of lading; • Reporting any known visible and concealed damage to the carrier and the Contractor; • Confirming said reports in writing within fifteen Business Days of delivery, requesting that the carrier inspect the damaged merchandise; and • Providing the Contractor with a copy of the carrier’s bill of lading and damage inspection report. Transportation and delivery of the Commodity does not constitute acceptance for the purpose of payment. Acceptance and authorization of payment shall be given by the Customer only after a thorough inspection indicates that the Commodity is undamaged and meets the Contract requirements, specifications, terms, and conditions. Should the delivered Commodity be damaged or differ in any respect from the Contract requirements, specifications, terms, and conditions, payment shall be withheld until such time as the Contractor completes the required, Customer-approved, corrective action. Should the Commodity require service or adjustments as part of the Customer-approved corrective action(s), the Contractor shall either remedy the defect or be responsible for reimbursing the Manufacturer’s local service Dealer or others selected by the Customer to remedy the defect. The Contractor shall initiate such required service or adjustments within two Business Days following notification by the Customer. The Commodity shall not be accepted until all service or adjustments are satisfactory and the Commodity is re-delivered in acceptable condition. The costs of any transportation and delivery required as part of the initial or any re-deliveries due to error or damage are the responsibility of the Contractor. The Customer shall notify the Department of any Contract deviation that it cannot resolve with the Contractor. The Department and Customer shall develop a corrective action plan related to the Contract deviation, which may include the Customer’s permanent refusal to accept the Commodity, in which case the Commodity shall remain the property of the Contractor, and the Customer and the State shall not be liable for payment for any portion thereof. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Page 10 of 16 3.12 Installation When installation is required, the Contractor shall be responsible for placing and installing the Commodities or parts in the required locations at no additional charge. All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the Commodity or render it structurally or operationally unsound. Installation includes the furnishing of any equipment, tools, rigging, labor, and materials required to install or replace the Commodities or parts in the proper location. Contractor shall protect the site from damage and shall repair damages or injury caused during installation by Contractor or its employees or agents. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. Contractor shall perform installation work so as to cause the least inconvenience and interference with Customers and with proper consideration of others on site. Upon completion of the installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order. 3.13 Full-Service Repair Facilities The Contractor agrees to maintain at least one factory-authorized service station or servicing Dealer within the State of Florida to perform warranty repairs and adjustments throughout the Contract term. The Contractor shall promptly notify the Department of any changes thereto. The Contractor shall be responsible for all service performed, regardless of whether the Contractor or its approved Dealer actually performed the service. Notwithstanding the foregoing, the Contractor may offer Customers “after warranty” service agreements for the maintenance and repair of goods after the initial warranty expires. The Contractor shall list this additional service as a separate item on the invoice. 3.14 Holidays The Contractor shall provide Customers all Commodities during Business Days. The following days are observed as holidays by state agencies in accordance with section 110.117, F.S.: • New Year’s Day • Birthday of Martin Luther King, Jr., third Monday in January • Memorial Day • Independence Day • Labor Day • Veterans’ Day, November 11 • Thanksgiving Day • Friday after Thanksgiving • Christmas Day If any of these holidays falls on Saturday, the preceding Friday shall be observed as a holiday. If any of these holidays falls on Sunday, the following Monday shall be observed as a holiday. Customers may have additional holiday(s) observed specifically by the Customer which will be detailed in the Customer’s order. 3.15 Purchasing Card The State has implemented a purchasing card program using the Visa platform. The Contractor may receive payments via the state’s Purchasing Card in the same manner as any other Visa purchases. Purchasing Card acceptance for purchase is a mandatory requirement for the Contract but is not the exclusive method of payment. If the State changes its DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Page 11 of 16 Purchasing Card platform during the term of Contract, the Contractor shall make any necessary changes to accommodate the State ‘s new Purchasing Card platform within 30 calendar days of notification of such change. 3.16 Punchout Catalog and Electronic Invoicing The Contractor is encouraged to provide a MFMP punchout catalog. The punchout catalog provides an alternative mechanism for suppliers to offer the State access to Products awarded under the Contract. The punchout catalog also allows for direct communication between the MFMP eProcurement System and a supplier’s Enterprise Resource Planning (ERP) system, which can reflect real-time Product inventory/availability information. Through utilization of the punchout catalog model, a Florida buyer will “punch out” to a supplier’s website. Using the search tools on the supplier’s Florida punchout catalog site, the user selects the desired Products. When complete, the user exits the supplier’s punchout catalog site and the shopping cart (full of Products) is “brought back” to MFMP. No orders are sent to a supplier when the user exits the supplier’s punchout catalog site. Instead, the chosen Products are “brought back” to MFMP as line items in a purchase order. The user can then proceed through the normal workflow steps, which may include adding/editing the Products (i.e., line items) in the purchase order. An order is not submitted to a supplier until the user approves and submits the purchase order, at which point the supplier receives an email with the order details. The Contractor may supply electronic invoices in lieu of paper-based invoices for those transactions processed through MFMP. Electronic invoices may be submitted to the agency through one of the mechanisms as listed below: 1) EDI (Electronic Data Interchange) This standard establishes the data contents of the Invoice Transaction Set (810) for use within the context of an Electronic Data Interchange (EDI) environment. This transaction set can be used for invoicing via the Ariba Network (AN) for catalog and non-catalog goods and services. 2) PO Flip via AN This online process allows Contractors to submit invoices via the AN for catalog and non-catalog goods and services. Contractors have the ability to create an invoice directly from their inbox in their AN account by simply "flipping" the PO into an invoice. This option does not require any special software or technical capabilities. The Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider of MFMP, a State contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within MFMP. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider the right and license to reproduce and display within MFMP the Contractor's trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the Contract. The Contractor will work with the MFMP management team to obtain specific requirements for the electronic invoicing if needed. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Page 12 of 16 3.17 Contract Reporting The Contractor shall report information on orders received from Customers associated with this Contract. No revised MSRP lists or price adjustments will be considered for any Contractor who has outstanding reports, or any other documentation required under this Contract. The Contractor shall submit reports in accordance with the following schedule: Report Period Covered Due Date MFMP Transaction Fee Report Calendar month 15 calendar days after the end of each month Quarterly Sales Report State’s Fiscal Quarter 30 calendar days after close of the period Diversity Report (submitted to the Customer) State Fiscal Year 30 Business Days after close of the period Preferred Pricing Affidavit (in accordance with section 3.2.2. of the Special Contract Conditions) Annual Contract Anniversary Date 3.18 MFMP Transaction Fee Report The Contractor is required to submit monthly MFMP Transaction Fee Reports in the Department’s electronic format. Reports are due 15 calendar days after the end of the reporting period. For information on how to submit Transaction Fee Reports online, please reference the detailed fee reporting instructions and vendor training presentations available online at the “Transaction Fee & Reporting” section and “Training for Vendors” subsections under the “Vendors” tab on the MFMP website. Assistance with Transaction Fee Reporting is also available from the MFMP Customer Service Desk by email at: VendorHelp@ myfloridamarketplace.com or telephone 866-FLA-EPRO (866-352-3776) from 8:00 a.m. to 6:00 p.m. Eastern Time. 3.19 Quarterly Sales Reports The Contractor shall submit a quarterly sales report electronically, in the required format, to the Department’s Contract Manager within thirty (30) calendar days after close of each quarter. The quarterly sales report can be found here: https://www.dms.myflorida.com/business_operations/ state_purchasing/vendor_resources/quarterly_sales_report_format. Failure to provide the quarterly sales report will result in the imposition of financial consequences and may result in the Contractor being found in default and the termination of the Contract. Initiation and submission of the quarterly sales report are the responsibility of the Contractor without prompting or notification by the Department. Sales will be reviewed on a quarterly basis. If no sales are recorded during the period, the Contractor must submit a report stating that there was no activity. If no sales are recorded in two consecutive quarters, the Contractor may be placed in probationary status or the Department may terminate the Contract. Quarter 1 – (July-September) – due 30 calendar days after the close of the period DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Page 13 of 16 Quarter 2 – (October-December) – due 30 calendar days after the close of the period Quarter 3 – (January-March) – due 30 calendar days after the close of the period Quarter 4 – (April-June) due 30 calendar days after the close of the period 3.20 Diversity Report The Contractor shall report to each Customer, spend with certified and other minority business enterprises. These reports shall include the period covered, the name, minority code and Federal Employer Identification Number of each minority business utilized during the period, Commodities provided by the minority business enterprise, and the amount paid to each minority business on behalf of each purchasing agency ordering under the terms of this Contract. 3.21 Ad Hoc Reports The Department or Customer may require additional Contract information such as copies of purchase orders or ad hoc sales reports. The Contractor shall submit information in response to these specific ad hoc requests for reports within the specified amount of time as requested by the Department or Customer. 3.22 Business Review Meetings In order to maintain the relationship between the Department and the Contractor, each quarter the Department may request a business review meeting. The business review meeting may include, but is not limited to, the following: • Successful completion of deliverables • Review of the Contractor’s performance • Review of minimum required reports • Addressing of any elevated Customer issues • Review of continuous improvement ideas that may help lower total costs and/or improve business efficiencies. 3.23 Financial Consequences Financial Consequences will be assessed for failure to timely perform or submit a report as required by the Contract and shall be paid via check or money order in US Dollars, and made out to the Department of Management Services or the specific Customer, where applicable. Financial Consequences will be assessed daily for each individual failure until the performance or submittal is accomplished to the Department’s or Customer’s satisfaction, unless stated otherwise. For the submissions of reports, financial consequences will apply to each target period beginning with the first full month or quarter of the Contract’s performance and each month and quarter thereafter. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Page 14 of 16 The Department and Customers reserve the right to, in addition to withholding payment, implementing other appropriate remedies, such as Contract termination or non-renewal. 3.24 MSRP List and Product Adjustments The Contractor shall submit a complete MSRP List that includes all Commodities (i.e. Base Equipment; OEM Options, Parts, Accessories, and Implements; and Non-OEM Options, Parts, Accessories, and Implements) for each Manufacturer/ Brand Name and Sub-Group (or Group, for Groups that do not include Sub-Groups) for which the Contractor received an award; the Commodities listed on the MSRP must match the Commodities listed on the price sheet. The MSRP List is subject to the Department’s approval. The MSRP List shall include the following for each Commodity: The Manufacturer/Brand Model Number, the Manufacturer/Brand Item Description, and the MSRP. The Contractor shall include a cover page, which shall provide the applicable Group, Sub-Group (for Groups that include Sub-Groups), Manufacturer/Brand Name, and MSRP List date. The Department shall be the final arbiter of MSRPs if an MSRP on the Contractor’s MSRP List differs from the published MSRP. The Contractor shall be responsible for removing all non-eligible and unacceptable Commodities under the Contract from the Contractor’s MSRP List. The Contractor may add products to the MSRP List at any time during the life of the Contract by submitting a complete and revised MSRP List. Products added must be from a Manufacturer/Brand Name for which the Contractor received an award and fall within the scope Deliverable Performance Metric Performan ce Due Date Financial Consequence for Non-Performance Contractor will timely submit completed Quarterly Sales Reports All Quarterly Sales Reports will be submitted timely with the required information Reports are due on or before the 30th calendar day after the close of each State fiscal quarter $250 per Calendar Day late/not received by the Contract Manager Contractor will timely submit completed MFMP Transaction Fee Reports All MFMP Transaction Fee Reports will be submitted timely with the required information Reports are due on or before the 15th calendar day after the close of each month $100 per Calendar Day late/not received by the Contract Manager Contractor will provide accurate Price Quote Forms to Customers All Price Quote Forms will be provided to Customers with accurate information Upon Customer request $25 per order DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Page 15 of 16 of a Sub-Group (or Group, for Groups that do not include Sub-Groups) for which the Contractor received an award. The Contractor shall be responsible for removing all non-eligible and unacceptable Commodities under the Contract from the Contractor’s MSRP List. The Contractor may update existing product’s MSRPs on the MSRP List to match the MSRPs published by the Manufacturer no earlier than twelve (12) months after the start date of the Contract and, thereafter, or no earlier than twelve (12) months after the date of the previous MSRP update. The Contractor may update the existing product’s MSRPs on the MSRP List by submitting a complete and revised MSRP List for Department review and approval. Revised MSRP Lists, regardless of whether the Contractor is adding products or updating existing product’s MSRPs, must be accompanied by a revised price sheet, as described in the ‘Price Sheet and Price Adjustments’ section of the Scope of Work, as well as a list of all changes made from the previously submitted version of the MSRP List. 3.25 Price Sheet and Price Adjustments The Contractor shall submit a complete price sheet to include the following Commodities (i.e. Base Equipment and OEM Options, Parts, Accessories) for each Brand/Manufacturer and Sub- Group (or Group, for Groups that do not include Sub-Groups) for which the Contractor received an award; the Commodities listed on the price sheet must match the Commodities listed on the MSRP List. The price sheet is subject to the Department’s approval. The price sheet shall be provided in Excel format and include a separate tab for each Sub-Group (or Group, for Groups that do not include Sub-Groups). Each tab shall include, at minimum, the following information for each Commodity offered under that Sub-Group (or Group, for Groups that do not include Sub- Groups): • Manufacturer/Brand Name (as shown on the Product Group Discount Sheet); • Commodity Type (i.e. Base Equipment and OEM Option, Part, Accessory, or Implement); • Model number or other identifier that Customers can use to locate the Commodity on the Brand/Manufacturer’s website; • Description; • MSRP (as shown on the current MSRP List); • Discount (as shown on the Product Group Discount Sheet for the Commodity type, as submitted in the Bid); and • Net Price to the Customer. The Contractor may add products to the price sheet at any time during the life of the Contract by submitting a complete and revised price sheet. Products added must be from a Brand/ Manufacturer Name for which the Contractor received an award and fall within the scope of a Sub-Group (or Group, for Groups that do not include Sub-Groups) for which the Contractor received an award. The Contractor shall be responsible for removing all non-eligible and unacceptable Commodities under the Contract from the Contractor’s price sheet. The Contractor may update the MSRPs and Net Prices to the Customer on the price sheet to match the MSRPs published by the Manufacturer no earlier than twelve (12) months after the start date of the Contract and, thereafter, or no earlier than twelve (12) months after the date of the previous MSRP update. The Contractor may update the MSRPs and Net Prices to the Customer on the price sheet by submitting a complete and revised price sheet. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Page 16 of 16 Revised price sheets, regardless of whether the Contractor is adding products or updating the MSRPs and Net Prices to the Customer, must be accompanied by a revised MSRP List, as described in the ‘MSRP List and Product Adjustments’ section, as well as a list of all changes made from the previously submitted version of the price sheet. 3.26 E-Verify The following replaces section 13.2 of Attachment 1: The Contractor (and its subcontractors) have an obligation to utilize the U.S. Department of Homeland Security’s (DHS) E-Verify system for all newly hired employees. By executing this Contract, the Contractor certifies that it is registered with, and uses, the E-Verify system for all newly hired employees. The Contractor must obtain an affidavit from its subcontractors in accordance with paragraph (2)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the duration of the Contract. In order to implement this provision, the Vendor shall provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five days of Contract execution. This section serves as notice to the Contractor regarding the requirements of section 448.095, F.S., specifically sub-paragraph (2)(c)1, and the Department’s obligation to terminate the Contract if it has a good faith belief that the Contractor has knowingly violated section 448.09(1), F.S. If terminated for such reason, the Contractor will not be eligible for award of a public contract for at least one year after the date of such termination. The Department reserves the right to order the immediate termination of any contract between the Contractor and a subcontractor performing work on its behalf should the Department develop a good faith belief that the subcontractor has knowingly violated section 448.095(1), F.S. DocuSign Envelope ID: 366B1CA0-223C-4B06-B15B-62C069AABE30 Commodity TypeModel  Item Description 2022 MSRP Total Discount  State Price  OEM Option 03247 Operator Cooling Fan 321.00$                                           21.8% 251.02$                               OEM Option 03248 Switch Panel Universal Sunshade 284.00$                                           21.8% 222.09$                               OEM Option 03614 Operator Golf Ball Guard for Riders 829.00$                                           21.8% 648.28$                               OEM Option 03667 Air‐ride Seat Suspension 804.00$                                           21.8% 628.73$                               OEM Option 30414 North American Road Light Kit 1,211.00$                                        21.8% 947.00$                               OEM Option 30419 Leaf Mulching Kit 2,017.00$                                        21.8% 1,577.29$                            OEM Option 30420 Guardian Recycler Conversion Kit 1,884.00$                                        21.8% 1,473.29$                            OEM Option 30422 Leaf Mulching Kit 1,899.00$                                        21.8% 1,485.02$                            OEM Option 30451 Replacement Deck ‐ GM 4100 19,641.00$                                      21.8% 15,359.26$                         OEM Option 30476 Right Cutting Unit ‐ GM4000 5,619.00$                                        21.8% 4,394.06$                            OEM Option 30477 Left Cutting Unit ‐ GM4000 Service Deck 5,619.00$                                        21.8% 4,394.06$                            Base Equipment 30608 Toro Groundsmaster 4100‐D T4F Includes Seat 101,314.00$                                   21.8% 79,227.55$                         Base Equipment 30609 Toro Groundsmaster 4000‐D T4F 100,096.00$                                   21.8% 78,275.07$                         Base Equipment 30636 Toro Groundsmaster 4010‐D T4 Includes Cab &123,343.00$                                   21.8% 96,454.23$                         Base Equipment 30644 Toro Groundsmaster 4110‐D T4 Includes Cab &124,689.00$                                   21.8% 97,506.80$                         OEM Option 30661 Beacon Light Kit 460.00$                                           21.8% 359.72$                               OEM Option 30669 White Universal Sunshade 887.00$                                           21.8% 693.63$                               OEM Option30670 Eu Road Light Kit, GM45/47004,552.00$                                        21.8% 3,559.66$                            OEM Option 30671 Red Universal Sunshade 974.00$                                           21.8% 761.67$                               OEM Option 30834 Contour Plus 27 Inch Cutting Deck 2,833.00$                                        21.8% 2,215.41$                            OEM Option 30836 Leaf Mulching Kit (order 1 per deck) 79.00$                                               21.8% 61.78$                                 OEM Option 30845 Replacement GM Contour Plus 22 in Deck Asse 1,411.00$                                        21.8% 1,103.40$                            OEM Option 30877 A/C Kit ‐ Yanmar GM4500/4700 Cab 1,363.00$                                        21.8% 1,065.87$                            Base Equipment 30885 Toro Groundsmaster 4500‐D 101,783.00$                                   21.8% 79,594.31$                         Base Equipment 30887 Toro Groundsmaster 4700‐D 119,107.00$                                   21.8% 93,141.67$                         OEM Option 30901 Cab ‐ GM4500/4700 22,526.00$                                      21.8% 17,615.33$                         OEM Option 31252 Slope Sensor Kit (F'20 And Newer) 476.00$                                           21.8% 372.23$                               OEM Option 31509 GM Beacon Kit for Toro Cab 394.00$                                           21.8% 308.11$                               OEM Option 31511 Horn Kit 116.00$                                           21.8% 90.71$                                 OEM Option 31512 Back Up Alarm 176.00$                                           21.8% 137.63$                               OEM Option 31522 4 Wheel Drive Manual Override Kit (For extrem581.00$                                           21.8% 454.34$                               OEM Option 31526 4WD Flow Divider Kit w/Manual Override (Yanm1,470.00$                                        21.8% 1,149.54$                            OEM Option 31527 4WD Flow Divider Kit w/Manual Override (Yanm2,301.00$                                        21.8% 1,799.38$                            OEM Option 31529 4WD Flow Divider Kit w/Manual Override (Yanm2,213.00$                                        21.8% 1,730.57$                            OEM Option 31592 Right Replacement Deck GM5900 ‐ subject to a5,780.00$                                        21.8% 4,519.96$                            OEM Option 31593 Left Replacement Deck GM5900 ‐ subject to av5,737.00$                                        21.8% 4,486.33$                            OEM Option 31604 Leaf Mulching Kit 3,110.00$                                        21.8% 2,432.02$                            Base Equipment 31698 Toro Groundsmaster 5900‐D T4F w/ 2‐post ROP148,747.00$                                   21.8% 116,320.15$                       Base Equipment 31699 Toro Groundsmaster 5910‐D T4F w/ ROPS Cab, 172,414.00$                                   21.8% 134,827.75$                       OEM Option 31701 Aux Braking System, GM5900 [MY17 and up] 114.00$                                           21.8% 89.15$                                 Base Equipment 31905 Toro Groundsmaster 1200 36,183.00$                                      21.8% 28,295.11$                         OEM Option 31950 Tail Light Kit 816.00$                                           21.8% 638.11$                               Base Equipment 72098 Toro Z7500‐D 37HP Yanmar Diesel w/96 in TUR53,332.00$                                      21.8% 41,705.62$                         Base Equipment 74090 Toro ZMaster 7500 38 HP Kohler EFI w/ 96 in TU39,443.00$                                      21.8% 30,844.43$                         25101900‐21‐STC  Agriculture and Lawn EquipmentWesco Turf, Inc.Group 9 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0146 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve an increase to purchase order 21000893 to Prison Rehabilitation Industries and Diversified Enterprises (PRIDE) dba Pride Enterprises for the repainting of three command vehicles in the amount of $30,063.00 for a new total of $153,808.00 in accordance with Clearwater Code of Ordinances Section 2.563(1)(d), Non-competitive purchase, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Clearwater Police Department (CPD) was previously allocated $200,000.00 for the purpose of refurbishing command vehicles. CPD has completed refurbishing two specialty vehicles and seeks to update the paint and graphics on three additional specialty vehicles. On May 6, 2021, City Council granted approval of an Agreement with Prison Rehabilitation Industries and Diversified Enterprises (PRIDE) dba PRIDE Enterprises, of Brandon, FL, in the amount of $112,950.00 for the refurbishment of two command vehicles with CPD. An additional $10,795.00 was approved by the City Manager bringing the total amount to $123,745.00. CPD is requesting an increase to the purchase order to have three additional specialty purpose vehicles painted to match the recently refurbished command vehicles. The three vehicles are a 2009 LDV Freightliner (SWAT Vehicle G3632), 2008 41-ft fifth wheel housing unit (Urban Area Security asset for self-contained emergency response G3608), a 2007 Ford E450 truck (Hostage Negotiator Vehicle G3335). The proposed work is to be completed by PRIDE, which is labor provided through the Department of Corrections. The work they have done for the department has been high quality. The estimated cost to paint the remaining three vehicles is approximately $27,330.00. CPD is requesting an additional 10% contingency ($2,733.00) to cover any additional services that may be needed. By Florida statute 287.042, PRIDE is the corporation operating the correction work programs of products and/or services. APPROPRIATION CODE AND AMOUNT: A mid-year budget amendment will close capital project P1803, PD Command Bus Page 1 City of Clearwater Printed on 3/31/2022 File Number: ID#22-0146 Refurbishment, returning $30,063 to the general fund to provide an increase to Police Department operating code 0101151-530300, contractual services, to fund this purchase. Page 2 City of Clearwater Printed on 3/31/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0237 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 6.2 SUBJECT/RECOMMENDATION: Approve an increase to the purchase order for Axon Enterprise, Inc., of Scottsdale, AZ, in the amount of $30,400.00, from $131,892.27 to $162,292.27, for the purchase of Axon Signal Units and Axon Signal Unit Cable Assemblies in accordance with Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback; and authorize the appropriate officials to execute same. (consent) SUMMARY: At the July 16, 2020 council meeting, the Clearwater Police Department (CPD) was directed to incorporate a body worn camera program. The selected vendor for CPD’s body worn camera program is Axon Enterprises, Inc. On August 6, 2020, City Council approved an agreement to provide for 200 Axon “Body 3” cameras, 25 docking bays, storage, licensing, and training to fulfill the council directive. To ensure body camera activation during critical incidents, the Police Department sought to incorporate Axon Signal Vehicle as a facet of the Body Worn Camera Program. This technology enables Axon cameras to sense events, such as activating the police vehicle emergency lights, and start recording, without manual input from the officer/employee. On November 18, 2021, City Council accepted a United States Department of Justice, Office of the Justice Programs (OJP), 2021 Bureau of Justice Assistance Fiscal Year 2021 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation, grant award in the of amount of $27,900.00. This grant was awarded for the purpose of purchasing approximately one hundred (100) Axon Signal Units ($27,900.00). Additionally, CPD would purchase 100 Axon Signal Unit Cable Assemblies needed to install the Axon Signal Units ($2,500.00). Once purchased, these modules will be installed within selected patrol vehicles within CPD’s fleet. CPD previously received a separate grant in October 2020 to supply 140 Axon Signal Vehicle modules. These modules have already been deployed to patrol-based vehicles. The Axon Signal Vehicle product is available for purchase utilizing National Purchasing Partners Contract #VH11629, a national resource for public entities for similar public solicitations; the City of Clearwater is a participating member in this partnership. Page 1 City of Clearwater Printed on 3/31/2022 File Number: ID#22-0237 APPROPRIATION CODE AND AMOUNT: Funds are budgeted and available in P2002, Police Body Worn Camera Program. Page 2 City of Clearwater Printed on 3/31/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0331 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 6.3 SUBJECT/RECOMMENDATION: Approve an Event License Agreement between Jones Lang LaSalle Americas, Inc, in its capacity as agent for the owner of the premises known as Countryside Mall, located at 27001 US Highway 19 North, Clearwater, Florida, and the City of Clearwater Police Department for the purpose of hosting an Operation Shred and Medicine Take Back Event on April 30, 2022, located at the Countryside Mall, and authorize the appropriate officials to execute same. (consent) SUMMARY: Jones Lang LaSalle Americas, Inc and the Clearwater Police Department have entered into a cooperative agreement to allow the police department immediate access to use the property at Countryside Mall during the Operation Shred and Medicine Take Back Event on April 30, 2022. The property manager, however, has requested that the Clearwater Police Department (CPD) agree to the terms and conditions outlined in the Event License Agreement between Jones Lang LaSalle Americas, Inc., and CPD. Additionally, the property manager has requested that CPD hold harmless Jones Lang LaSalle Americas, Inc. from and against any and all loss liability, damage, cost or expense arising out of or related to CPD’s use of the property. Nothing in the agreement, however, shall be deemed a waiver of the limitations on liability contained in Section 768.28, Florida Statutes, or the doctrine of sovereign immunity. There are no costs associated with this Event License Agreement. APPROPRIATION CODE AND AMOUNT: N/A Page 1 City of Clearwater Printed on 3/31/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0226 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve Supplemental Work Order Two to Engineer of Record Stantec Consulting Services, Inc., of Tampa, Florida, per Request for Qualifications (RFQ) 26-19, Engineer of Record Consulting Services, for the Lift Station 16 Pierce Street Rehab project (20-0008-UT) in the amount of $132,990, increasing the work order from $447,574 to $580,564, and authorize the appropriate officials to execute same. (consent) SUMMARY: June 4, 2020, City Council approved an initial work order to Engineer of Record Stantec (EOR) to provide design, permitting, and construction services for the rehabilitation of failing components at Lift Station 16 in the amount of $198,608. As part of the original work order, the EOR performed a capacity assessment that resulted in recommendations to upsize the wet well, pumps, electrical equipment, instrumentation and controls and associated force main in lieu of the original scope of rehabilitating the existing infrastructure. December 17, 2020, City Council approved Supplemental Work Order One to provide additional design and construction services associated with the above recommended capacity improvements at Lift Station 16 in the amount of $248,966, increasing the work order value from $198,608 to $447,574. Supplemental Work Order Two is for design and construction services associated with the addition of a canopy structure with cladding/screening as well as more robust landscaping/irrigation to better screen the facility given the lift station’s proximity to Imagine Clearwater and bluff parcels proposed for future private development. The City of Clearwater’s Public Utilities Department is responsible for owning, operating, and maintaining the sanitary sewer collection system. APPROPRIATION CODE AND AMOUNT: 3217321-530100-96686 $132,990 Funds are available in capital improvement project 321-96686, Pump Station Replacement, to fund this work order. Page 1 City of Clearwater Printed on 3/31/2022 SUPPLEMENTAL WORK ORDER FORM 1 of 9 Revised: 7/22/2019 Stantec Consulting Services, Inc. SUPPLEMENTAL WORK ORDER FORM for the CITY OF CLEARWATER Date: 2/14/2022 Consultant Project Number: 177311526 City Project Number: 20-0008-UT City Plan Set Number: 2020006 1. PROJECT TITLE: Lift Station 16 Pierce St Rehab 2. SCOPE OF SERVICES: As part of the original work order, Stantec performed a capacity assessment for Lift Station (LS) 16 and the downstream forcemain based on demand projections provided by the City (Marshall Street WRF Basin Hydraulic Analysis, dated June 23, 2020). Recommendations from this assessment were to replace the existing lift station with a larger lift station (capacity up to 4.9 MGD) and replace the existing 12-inch forcemain with a 16-inch. This assessment and recommendations are recorded in the basis of design report (BODR) for the project. Supplemental Work Order #1 was in response to the City’s request for Stantec to perform consulting design services for replacing LS 16 with a new larger station in lieu of the original scope of rehabilitating the existing LS. This work order scope was additive to the scope of the original work order. This Supplemental Work Order #2 is in response the City’s request for Stantec to perform design and construction services for enclosing the electrical equipment in a canopy structure with cladding/screening along the walls. The City has also requested a more robust landscaping/irrigation design to screen the facility better from adjacent existing and proposed developments. This work order scope is additive to the scope of the original work order and Supplemental Work Order #1. SUPPLEMENTAL WORK ORDER FORM 2 of 9 Revised: 7/22/2019 II. FINAL DESIGN PHASE Stantec has produced final design documents (drawings and specifications) for the improvements identified in the preceding phase to install a new lift station at the site to replace the existing LS-16. Stantec has subsequently produced renderings conceptualize a canopy structure enclosing the electrical equipment which Stantec will design and incorporate into the final design drawings as an additive alternate. Refer to Attachment C for the conceptual renderings of the electrical equipment enclosure and landscaping design. Task 3.6 – Electrical Equipment Enclosure and Landscaping Design 90% Detailed Design ENGINEER will develop design documents to produce a 90% deliverable based upon the 90% Lift Station design and incorporating the electrical equipment enclosure and landscaping design as individual additive alternates. Submittal documents will be provided as a Draft for City of Clearwater review and written responses to comments will be provided along with associated design revisions, as necessary, to incorporate review comments. Stantec will incorporate the comments produced during the 90% lift station design review and incorporate the electrical equipment enclosure and landscaping design to develop a complete set of Contract Documents to 90% completion level. Stantec anticipates the production of the following deliverables as part of the 90% design documents.  Deliverable will include electronic (pdf) copies of drawings and specifications via email.  90% Engineer’s Opinion of Probable Construction Cost (AACE Class 3). Cost estimate will be provided for City’s information. 100% Detailed Design ENGINEER will revise the design documents to address review comments received on the 90% documents from the City. The revised documents will serve as the permitted set of documents labeled 100% Design Documents – ISSUED FOR CONSTRUCTION. The signed and sealed Issued for Construction (IFC) Drawings and Specifications are to be incorporated into the Imagine Clearwater construction documents. Stantec anticipates the production of the following deliverables as part of the Final Construction Drawings and Specifications documents:  Deliverable will include (5) 11x17 printed copies of drawings, specifications, and a pdf file via email.  Revised 90% Engineer’s Opinion of Probable Construction Cost (AACE Class 3). Cost estimate will be provided for City’s information and Stantec will not be involved in cost negotiation/management and value engineering activities by the Contractor. SUPPLEMENTAL WORK ORDER FORM 3 of 9 Revised: 7/22/2019 III. BIDDING PHASE Task 4.1.1 – Electrical Equipment Enclosure and Landscaping Bidding Support The City will publicly bid the LS replacement and select the lowest responsive bidder. Stantec will assist the City in preparing Sections I, II, III, and V of the construction contract documents for the bid procurement. In addition to the previously scoped bidding support services, Stantec will respond to bidder questions and prepare one bid addendum for the electrical equipment enclosure and landscaping design. IV. CONSTRUCTION PHASE Task 5.8.1 – Electrical Equipment Enclosure and Landscaping Construction Observation In addition to the previously scoped construction observation support services, Stantec will provide a construction observer for the electrical equipment enclosure and landscaping design. Services include engineer/architect virtual attendance at 4 regular construction meetings and 2 site visits. Task 5.9.1 – Electrical Equipment Enclosure and Landscaping RFI and Submittal Reviews In addition to the previously scoped RFI and submittal review services, Stantec will review additional RFI and shop drawings associated with the electrical equipment enclosure and landscaping design. Total additional shop drawing reviews assumed to be 6 with re-submittals and 4 additional RFIs; average time for review 3 hours each. V. ASSUMPTIONS:  Stantec will prepare the technical specifications for the Project. Front end procurement documents (construction contract, general conditions, etc.) will be provided by the City.  A reclaim water service connection will be added per City request.  Permit fees shall be paid by City of Clearwater.  Preparation of a SWPPP and NPDES permitting is not included due negligible increase in impervious area and existing drainage conditions being preserved.  No alternate equals without Owner approval.  No use of City owned equipment (i.e. sampling equipment, etc.) by consultants/contractors.  No additional renderings or animations are included.  No hardscape design is included.  Additional work to obtain variances of any kind is excluded. SUPPLEMENTAL WORK ORDER FORM 4 of 9 Revised: 7/22/2019 3. PROJECT GOALS: The goals of this Supplemental Work Order are as follows:  Provide final design documents for the electrical equipment enclosure and landscaping improvements. 4. BUDGET: See Attachment “B”. This price includes all labor and expenses anticipated to be incurred by Stantec Consulting Services, Inc. for the completion of these tasks in accordance with Professional Services Method “A” – Hourly Rate Basis for a fee not to exceed one hundred thirty-two thousand nine hundred ninety dollars ($132,990.00). 5. SCHEDULE: The project schedule is revised as follows from delivery of Final Basis of Design Report (BODR): 90% Construction Plans 60 calendar days City Review Period – 90% 21 calendar days 100% Construction Documents and Permit Applications 30 calendar days A revised schedule for this amendment to the scope is provided in Attachment “D”. 6. STAFF ASSIGNMENT Hamid Sahebkar, PE (Principal) Jarah Parke, PE (PM/Civil) Jeovanni Ayala-Lugo, PE (Mechanical) Keith Smith/David Steffes, PE (electrical/I&C) Mark Foster, PSM (Survey/SUE) Soli Rojas (Construction Manager) STAFF ASSIGNMENT (City of Clearwater): Jordan Hicks Project Manager Kervin S. Aimie Public Utilities Site Representative LS Alphonso Gwyn Public Utilities Site Representative FM Mike Gilliam Public Utilities Manager LS Glenn Daniel Public Utilities Manager FM Jeremy J. Brown, PE Utilities Engineering Manager Michael Flanigan Public Utilities Assistant Director Richard G. Gardner, PE Public Utilities Director SUPPLEMENTAL WORK ORDER FORM 5 of 9 Revised: 7/22/2019 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to: Jarah Parke, jarah.parke@stantec.com or Jeovanni Ayala-Lugo, jeovanni.ayala-lugo@stantec.com 777 S. Harbour Island Blvd. Suite 600 Tampa, Florida 33602 All City project correspondence shall be directed to: City’s Project Manager with copies to the Utilities Engineering Manager and Public Utilities Assistant Director and others as may be appropriate. ENGINEER shall provide a minimum of forty-eight (48) hours’ notice prior to conducting fieldwork/site visits. ENGINEER shall provide a minimum of seven (7) days notification for site visits requiring the assistance of City Operations and Maintenance personnel. ENGINEER acknowledges that all City directives shall be provided by the City Project Manager. In addition to the original copies delivered as stated in the scope of work, all project deliverables will be incorporated into the project catalog and submitted in electronic format on CD or other City approved device prior to approval of final invoice. 8. INVOICING/FUNDING PROCEDURES: For work performed, invoices shall be submitted monthly to the: City of Clearwater, Engineering Department Att. Leland Sivanish, Sr Accountant PO Box 4748 Clearwater, Florida 33758-4748. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: _3217321-530100-96686 for $132,990.00 9. INVOICING PROCEEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: 1. Purchase Order, Project and Invoice Numbers and Contract Amount. 2. The time period (begin and end date) covered by the invoice. 3. A short narrative summary of activities completed in the time period. 4. Contract billing method – Lump Sum or Hourly Rate. SUPPLEMENTAL WORK ORDER FORM 6 of 9 Revised: 7/22/2019 5. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). 6. If Hourly Rate, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, the percent completion, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). 7. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. CONSIDERATIONS: Consultant acknowledges the following: 1. The Consultant named above is required to comply with Section 119.0701, Florida Statutes, where applicable. 2. All City directives shall be provided by the City Project Manager. 3. “Alternate equals” shall not be approved until City Project Manager agrees. 4. All submittals must be accompanied by evidence each has been internally checked for QA/QC before providing to City. 5. Consultants/Contractors are not permitted to use City-owned equipment (i.e. sampling equipment, etc.). 6. Documents posted on City website must ADA accessible. 11. ADDITIONAL CONSIDERATIONS: All work orders should include considerations for the following: 1. Sea Level Rise and Flood Resilience, as applicable. 2. Submittal of a Critical Path Method (CPM) Schedule(s). 3. Submittal of a Project Catalog with the following items, as appropriate: a. Data requests, assumptions, critical correspondence, meeting agenda, sign-in sheets, meeting minutes, document comment-response log(s), technical memorandum/reports, addenda, progress reports, regulatory correspondence, and other project-related documents. b. If construction project, also include design plans, conformed plans, change orders, field orders, RFIs, work change directives, addenda, progress reports, shop drawing and progress submittals, as-builts, record drawings, and other project-related documents such as O&M manuals and warranty information. c. At the conclusion of the project, ENGINEER will combine this information into a Project Catalog and submit to the City for review and comment. 4. Arc Flash labeling requirements: a. All electrical designs and construction shall adhere to NFPA 70 E “Standard for Electrical Safety in the Workplace”. b. Updated calculations of Fault and Arc Flash, and provisions for new or updated Arc Flash equipment labeling shall be included in the contract documents. SUPPLEMENTAL WORK ORDER FORM 7 of 9 Revised: 7/22/2019 12. SPECIAL CONSIDERATIONS: 1. The lift station design produced herein will be produced as a separate construction specification and drawings package and is anticipated to be bid and constructed separate from the ICP construction contract. The force main design will be incorporated into the ICP utility package and bid/constructed separate from the lift station under the ICP construction contract. PREPARED BY: APPROVED BY: ________________________ ________________________ Jarah Parke, P.E. Tara Kivett, P.E. Project Manager City Engineer Stantec Consulting Services City of Clearwater ___________________ ___________________ Date Date 2/14/22 Attachment “A” CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM CITY DELIVERABLES 1. FORMAT The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 3. DELIVERABLES The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. If not available Land Desktop files are still acceptable, however the City or Clearwater is currently phasing out Land Desktop. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562 4762 or email address Tom.Mahony@myClearwater.com. All electronic files (including CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Attachment “B” SUPPLEMENTAL WORK ORDER FORM 9 of 9 Revised: 7/22/2019 Project # 20-0008-UT Lift Station 16 Pierce St Rehab Stantec Consulting Services, Inc. SCHEDULE B PROJECT BUDGET Task Description Labor Subconsultant/ Expenses Total 3.0 Final Design Plans and Specifications Electrical Equipment Enclosure and Landscaping Design 3.6 90% Detailed Design $47,580 $47,580 3.7 90% Review Workshop $1,660 $1,660 3.8 IFC Documents $35,460 $400 $35,860 3.9 QC $5,200 $5,200 Subtotal $90,300 4.0 Bidding Phase 4.1.1 Electrical Equipment Enclosure and Landscaping Bidding Support $1,800 $400 $2,200 Subtotal $2,200 5.0 Construction Phase 5.8.1 Electrical Equipment Enclosure and Landscaping Construction Observation $3,600 $3,600 5.9.1 Electrical Equipment Enclosure and Landscaping RFI and Submittal Reviews $23,000 $1,800 $24,800 Subtotal $28,400 Subtotal, Labor and Subcontractors $120,900 6.0 Contingency (10%) $12,090 Grand Total $132,990 LS-16 Clearwater Exterior View Studies 12.13.2021 LS-16 Exterior View Studies With cladding CHARACTER RENDERING North View CHARACTER RENDERING West View CHARACTER RENDERING South View CHARACTER RENDERING View from East at higher elevation CHARACTER RENDERING Street View DREW ST PIERCE ST MEMORIAL CSWY COURT ST CLEVELAND ST CHESTNUT ST S FORT HARRISON AVE ROGERS ST S OSCEOLA AVE OAK AVE N OSCEOLA AVE WATTERSON AVE BAY AVE S GARDEN AVE N FORT HARRISON AVE LAURA ST PARK ST LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com KN TM N.T.S.286B 16-29s-15e5/12/2020Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Document Path: C:\Users\Kieffer.Nyland\City of Clearwater\Engineering Geographic Technology - Location Maps\LS16_REHAB_8x11.mxd PROJECTLOCATION ^ Lift Station 16 - Pierce St. RehabProject # 20-0008-UT Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0262 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve the final plat for Bayside Pointe whose physical address is 2481 Druid Road East located ¼ mile west of US Highway 19 North. (consent) SUMMARY: This plat will create 36 attached dwelling units. The whole property consists of 2.6 acres more or less. Approved through DRC on June 4, 2020. Page 1 City of Clearwater Printed on 3/31/2022 DRUID RD US Hwy 19 NEDENVILLE AVE BYPASS DR EVELYN AVE ^ PROJECTLOCATION Document Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\Bayside Pointe Plat.mxd LOCATION MAP Legend Clearwater Service Area Area not in Clearwater Jurisdiction Bayside Pointe PlatParcel Number 18-29-16-00000-430-0100& 18-29-16-00000-430-0200Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page 1 of 1CRMMap Gen By:KVReviewed By:Date:2/24/2022 ²N.T.S.Scale: ^ PLATLOCATION Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0267 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve the final plat for Sharkey Townhomes whose physical address is 2444 Sharkey Road located 640 feet west of Old Coachman Road. (consent) SUMMARY: This plat will create 8 attached dwelling units. The whole property consists of 1 acre more or less. Approved through DRC on February 4, 2021. Page 1 City of Clearwater Printed on 3/31/2022 DREW ST SHARKEY RD DORA DR ANNA AVE LORENA LN ELLA PL OLD COACHMAN RD RUSKIN RD ^ PLATLOCATION Document Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\Sharkey Townhomes Plat.mxd LOCATION MAP Legend Clearwater Service Area Area not in Clearwater Jurisdiction Sharkey TownhomesParcel Number: 07-29-16-00000420-1800Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page 1 of 1CRMMap Gen By:KVReviewed By:Date:3/7/2022 ²N.T.S.Scale: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2022-01004b Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3065 Cleveland Street, and pass Ordinances 9549-22, 9550-22, and 9551-22 on first reading. (ANX2022-01004) SUMMARY: This voluntary annexation petition involves a 0.15-acre property consisting of one parcel of land which is vacant. The property is located on the south side of Cleveland Street approximately 180 feet west of North McMullen Booth Road. The applicant is requesting annexation to incorporate the property into the overall campus of Calvary Church. The property is located in an enclave and is contiguous to existing City on all sides. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: ·The property is currently vacant and receives no services from the City or Pinellas County. The applicant is requesting annexation in order to develop the property as additional parking for the Calvary Church campus in the future; therefore, access to urban infrastructure (e.g., city sewer) is not requested at this time, but might be applicable in the future should the church’s needs change. The property is located within Police District III and service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property with sanitary sewer, solid waste, water, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Page 1 City of Clearwater Printed on 3/31/2022 File Number: ANX2022-01004b ·The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. Because the proposed use of the property is off-street parking to support the church and school campus, Future Land Use Map and Zoning Atlas amendments would be required in the future prior to a development application or building permit. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing city boundaries on all sides; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 3/31/2022 Ordinance No. 9549-22 ORDINANCE NO. 9549-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF CLEVELAND STREET APPROXIMATELY 180 FEET WEST OF N MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3065 CLEVELAND STREET, CLEARWATER, FLORIDA 33759 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit “B” has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit “A” for legal description; (ANX2022-01004) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9549-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A  ANX2022‐01004, 3065 Cleveland Street, 16‐29‐16‐00000‐220‐2700  The East 75 feet of the West 386.05 feet of the North 110 feet of the South one‐half of the Southeast  One Quarter of the Northwest One Quarter of the Northwest One Quarter of Section 16, Township 29  South, Range 16 East  LESS the Northerly 20 feet as Deeded to The City of Clearwater as recorded in O.R. Book 9412, page  2094, of the Public Records of Pinellas County, Florida.  Exhibit “B” PROPOSED ANNEXATION MAP Owner(s): First Baptist Church of Clearwater, Inc. Case: ANX2022-01004 Site: 3065 Cleveland Street Property Size(Acres): ROW (Acres): 0.15 Land Use Zoning PIN: 16-29-16-00000-220-2700 From : Residential Urban (RU) R-2 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 3 310731033078310130853 11 3065120 305925 310131071233087310130813076 3107116 150307530593054 3100306031063080310530653042N McMULLEN BOOTH RDS McMULLEN BOOTH RDCHERRY LN JOHNS PKWY OYSTER BAYOU WAY CLEVELAND ST -Not to Scale--Not a Survey-Rev. 1/11/2022 Ordinance No. 9550-22 ORDINANCE NO. 9550-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF CLEVELAND STREET APPROXIMATELY 180 FEET WEST OF N MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3065 CLEVELAND STREET, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit “A” for legal description; Residential Urban (RU) (ANX2022-01004) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9549-22. Ordinance No. 9550-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A  ANX2022‐01004, 3065 Cleveland Street, 16‐29‐16‐00000‐220‐2700  The East 75 feet of the West 386.05 feet of the North 110 feet of the South one‐half of the Southeast  One Quarter of the Northwest One Quarter of the Northwest One Quarter of Section 16, Township 29  South, Range 16 East  LESS the Northerly 20 feet as Deeded to The City of Clearwater as recorded in O.R. Book 9412, page  2094, of the Public Records of Pinellas County, Florida.  Exhibit “B” PROPOSED FUTURE LAND USE MAP Owner(s): First Baptist Church of Clearwater, Inc. Case: ANX2022-01004 Site: 3065 Cleveland Street Property Size(Acres): ROW (Acres): 0.15 Land Use Zoning PIN: 16-29-16-00000-220-2700 From : Residential Urban (RU) R-2 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 3107310330783101308511 3065120 305925 310131071233087310130813076 3107116 150307530593054 3100306031063080310530653042N McMULLEN BOOTH RDS McMULLEN BOOTH RDCHERRY LN JOHNS PKWY OYSTER BAYOU WAY CLEVELAND ST I RU RU I I RLM I I I I RU RU I I -Not to Scale--Not a Survey-Rev. 1/11/2022 Ordinance No. 9551-22 ORDINANCE NO. 9551-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF CLEVELAND STREET APPROXIMATELY 180 FEET WEST OF N MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3065 CLEVELAND STREET, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9549-22. Property Zoning District See attached Exhibit “A” for legal description; Low Medium Density Residential (LMDR) (ANX2022-01004) Ordinance No. 9551-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A  ANX2022‐01004, 3065 Cleveland Street, 16‐29‐16‐00000‐220‐2700  The East 75 feet of the West 386.05 feet of the North 110 feet of the South one‐half of the Southeast  One Quarter of the Northwest One Quarter of the Northwest One Quarter of Section 16, Township 29  South, Range 16 East  LESS the Northerly 20 feet as Deeded to The City of Clearwater as recorded in O.R. Book 9412, page  2094, of the Public Records of Pinellas County, Florida.  Exhibit “B” PROPOSED ZONING MAP Owner(s): First Baptist Church of Clearwater, Inc. Case: ANX2022-01004 Site: 3065 Cleveland Street Property Size(Acres): ROW (Acres): 0.15 Land Use Zoning PIN: 16-29-16-00000-220-2700 From : Residential Urban (RU) R-2 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 3107310330783101308511 3065120 305925 310131071233087310130813076 3107116 150307530593054 3100306031063080310530653042N McMULLEN BOOTH RDS McMULLEN BOOTH RDCHERRY LN JOHNS PKWY OYSTER BAYOU WAY CLEVELAND ST I MHP I LMDR LMDR LMDR LMDR -Not to Scale--Not a Survey-Rev. 1/11/2022 LOCATION MAP Owner(s): First Baptist Church of Clearwater, Inc. Case: ANX2022-01004 Site: 3065 Cleveland Street Property Size(Acres): ROW (Acres): 0.15 Land Use Zoning PIN: 16-29-16-00000-220-2700 From : Residential Urban (RU) R-2 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) N McMULLEN BOOTH RDS BAYVIEW AVEOYSTE R B AYOU WA YS McMULLEN BOOTH RDCHERRY LN K STBAY STMEADOW LARK LNKENTUCKY AVE DREW ST COLONIAL DR CHAMBLEE LN CALAIS LNCAROLINA AVE VIRGINIA AVEN BAYVIEW AVEDOWNING ST CLEVELAND ST BAY LN JOHNS PKWY ^PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/11/2022 AERIAL PHOTOGRAPH Owner(s): First Baptist Church of Clearwater, Inc. Case: ANX2022-01004 Site: 3065 Cleveland Street Property Size(Acres): ROW (Acres): 0.15 Land Use Zoning PIN: 16-29-16-00000-220-2700 From : Residential Urban (RU) R-2 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) N McMULLEN BOOTH RDN McMULLEN BOOTH RDS McMULLEN BOOTH RDS McMULLEN BOOTH RDCHERRY LNCHERRY LN COLONIAL DRCOLONIAL DR JOHNS PKWYJOHNS PKWY OYSTER BAYOU WAYOYSTER BAYOU WAY CLEVELAND STCLEVELAND ST -Not to Scale--Not a Survey-Rev. 1/11/2022 EXISTING SURROUNDING USES MAP Owner(s): First Baptist Church of Clearwater, Inc. Case: ANX2022-01004 Site: 3065 Cleveland Street Property Size(Acres): ROW (Acres): 0.15 Land Use Zoning PIN: 16-29-16-00000-220-2700 From : Residential Urban (RU) R-2 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 3 310731033078310130853 11 3065120 305925 310131071233087310130813076 3107116 150307530593054 3100306031063080310530653042N McMULLEN BOOTH RDS McMULLEN BOOTH RDCHERRY LN JOHNS PKWY OYSTER BAYOU WAY CLEVELAND ST -Not to Scale--Not a Survey-Rev. 1/11/2022 Place of Worship School Off Street Parking Institutional-Related ANX2022-01004 First Baptist Church of Clearwater, Inc. 3065 Cleveland Street View looking south at subject property 3065 Cleveland Street West of the subject property East of the subject property Across the street, to the north of the subject property View looking easterly along Cleveland Street View looking westerly along Cleveland Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2021-12020b Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Continue to a date uncertain: Approve the annexation, initial Future Land Use Map designation of US 19-Neighborhood Center (US 19-NC) and initial Zoning Atlas designation of US 19 for two unaddressed parcels along US Highway 19 North, and pass Ordinances 9561-22, 9562-22, and 9563-22 on first reading. (ANX2021-12020) SUMMARY: This voluntary annexation petition involves 6.16 acres of property consisting of two parcels of undeveloped land that are occupied by two existing billboards governed by the Settlement Agreement between Pinellas County and OUTFRONT Media LLC f/k/a CBS Outdoor, Inc., National Advertising Company, Infinity Outdoor Advertising of Florida, Inc., and Viacom Outdoor, Inc. The properties are located on the east side of US Highway 19 North approximately 1,170 feet south of Sunset Point Road. One billboard is located towards the northwest corner of the site, approximately 125 south of the northern property line, and the other one is located at the southwest corner of the site parcel, approximately 35 feet north of the southern property line. Based upon a review of historic aerials, the northern billboard appears to have been constructed in 1967/1968 and the southern one sometime between 1975-1979. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City upon site development. The properties are located in an enclave and are contiguous to existing City boundaries in at least one direction. It is proposed that the properties be assigned a Future Land Use Map designation of US 19-Neighborhood Center (US 19-NC) and a Zoning Atlas designation of US 19. The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: ·Upon development of the two vacant parcels, water service will be provided by Pinellas County, and sanitary sewer service will be provided by the City of Clearwater; however, easements will likely be needed to extend sewer service from South Drive or Carlton Drive. The applicant is aware that the City's sewer impact and assessment fees must be paid in full prior to connection and of the additional costs to extend City sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The properties are located within Police District III and service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to these properties by Station #48 located at 1700 North Belcher Road. The City has adequate capacity to serve these properties with sanitary sewer, solid waste, police, fire and EMS service. The properties will receive water service from Pinellas County. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and Page 1 City of Clearwater Printed on 3/31/2022 File Number: ANX2021-12020b ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.5 Unincorporated property within the Clearwater Planning Area located within the US 19 Corridor redevelopment area shall be designated through an amendment to the Future Land Use Map with the appropriate future land use category upon annexation, consistent with the US 19 Regional Center, US 19 Neighborhood Center and US 19 Corridor future boundaries depicted on Map A-17. ·The proposed US 19-Corridor (US 19-C) Future Land Use Map category is consistent with the future boundaries depicted on Map A-17, US 19 Corridor Redevelopment Area, and primarily permits a mix of uses at a floor area ratio (FAR) of 1.5. The proposed zoning district to be assigned to the properties is the US 19 District. The proposed annexation is therefore consistent with the City’s Comprehensive Plan and Community Development Code; ·As indicated above, the two billboards are governed by a Settlement Agreement in Pinellas County. Upon annexation, that agreement will not be binding on the city, however, the billboards will be treated as nonconforming uses/structures and will be governed by Community Development Code Article 6 Nonconformity Provisions. These provisions will only permit the normal repair and maintenance of the signs and will prohibit any changes being made to the signs that would increase the nonconformity such as changes in materials, increases in height or width, etc. Further, in the event the signs are damaged or destroyed beyond 50% of their value, the signs cannot be repaired or rebuilt and will need to be removed. Applicable Objectives and Policies of the Comprehensive Plan are as follows: Objective A.3.1 All signage within the City of Clearwater shall be consistent with the Clearwater sign code, as found within the Community Development Code, and all proposed signs shall be evaluated to determine their effectiveness in reducing visual clutter and in enhancing the safety and attractiveness of the streetscape. Policy A.3.1.2 Proliferation of billboards along major collector and arterial streets shall be prevented as is currently provided. The annexation will not result in the proliferation of billboards as the billboards currently exist. Community Development Code Section 3-1804.C prohibits billboards and no new billboards can be erected on the property. The proposed annexation is consistent with city regulations; ·The proposed US 19-Neighborhood Center (US 19-NC) Future Land Use Map category assigned to the two unaddressed properties will require an amendment to the Countywide Plan Map from Retail & Services (R&S) to Activity Center (AC); Page 2 City of Clearwater Printed on 3/31/2022 File Number: ANX2021-12020b ·The properties proposed for annexation are contiguous to existing City boundaries in at least one direction; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 3 City of Clearwater Printed on 3/31/2022 Ordinance No. 9561-22 ORDINANCE NO. 9561-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN UNADDRESSED REAL PROPERTIES LOCATED ON THE EAST SIDE OF US HIGHWAY 19 NORTH APPROXIMATELY 1,170 FEET SOUTH OF SUNSET POINT ROAD, ALL IN CLEARWATER, FLORIDA 33759 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real properties described herein and depicted on the map attached hereto as Exhibit “B” have petitioned the City of Clearwater to annex the properties into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described properties are hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit “A” for legal descriptions; (ANX2021-12020) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9561-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2021-12020 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 05-29-16-00000-320-0200 0 U.S. Highway 19 N. Begin at the Northwest corner of the SW 1/4 of Section 5, Township 29 South, Range 16 East and run thence S 1° 08' 45" W. along the Section line 228.08 feet; thence S 88° 34' 39" E., 100. 0 feet; thence S 1° 08' 45" W., 33.0 feet; thence S 88° 34' 39" E., 16.0 feet for P.O.B.; thence S 88° 34' 39" E., along the Southerly boundary of County Road #50, 300.0 feet to the NW corner of Carlton Terrace as recorded in Plat Book 41, Page 16 of the public records of Pinellas County, Florida; thence S 1° 08' 45" W., along the Westerly boundary of said Carlton Terrace 1063.82 feet to the Southwest corner of said Carlton Terrace; thence N 89° 40' 43" W., along the 40-acre line 300.0 feet; thence N 1° 08' 45" E., along the Easterly boundary of U.S. Highway #19, 1009.59 feet; thence N 16° 05' 38" E., 62.01 feet to the P.O.B.; Less the South 419.0 feet thereof and LESS the following described tract: Begin at the Northwest corner of the SW 1/4 of Section 5, Township 29 South, Range 16 East, and run thence S. 1° 08' 45" W. along the section line 228.08 ft.; thence S. 88° 34' 39" E, 100.0 feet; thence S. 1° 08' 45" W., 33.0 feet; thence S. 88° 34' 39" E., 16.0 feet for P.O.B.; thence S. 88° 34' 39" E., 254.0 feet; thence S. 1° 08' 45" W., 170.0 feet; thence N. 88° 34' 39" W., 270.0 feet; thence N. 1° 08' 45" E., 110.0 feet; thence N. 16° 05' 38" E., 62.01 feet to P.O.B. No. Parcel ID Lot No., Block No. Address 2. 05-29-16-00000-320-0300 0 U.S. Highway 19 N. The South Four Hundred Nineteen feet (S. 419’) of the West Four Hundred feet (W. 400’) of the Northwest One-quarter (N.W. ¼) of the Southwest One-Quarter (S.W. ¼) of Section 5, Township 29 South, Range 16 East, LESS the West One Hundred feet (W. 100’) for road right-of-way, situated on U.S. Highway 19 North. Exhibit “B” PROPOSED ANNEXATION Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 W US-19 FRONTAGE RDEUS-19FRONTAGERDSOUTH DR MORNINGSIDE DR WOODRING DR CARLTON DRUS Hwy 19 N23582 1800 2640 236## 1824 1813 1830 1866 1778263123894 235##26431807 2618 186523837 263423509 1804 1806 1837 1831 23902 1801 26411825 1860 262523499 2622642239## 1824 2636 1836 1774 23886 23894 1830 26351812 1848 23610 1819 1842 1818 1854 1836 2612 23660181223656263426451818 1806 1800 2648237## 238##26372365423894 -Not to Scale--Not a Survey-Rev. 1/21/2022 Ordinance No. 9562-22 ORDINANCE NO. 9562-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN UNADDRESSED REAL PROPERTIES LOCATED ON THE EAST SIDE OF US HIGHWAY 19 NORTH APPROXIMATELY 1,170 FEET SOUTH OF SUNSET POINT ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS US 19-NEIGHBORHOOD CENTER (US 19-NC); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described properties, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit “A” for legal descriptions; US 19 Neighborhood Center (US 19- NC) (ANX2021-12020) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect subject to the City’s adoption of Ordinance 9561-22 and contingent upon approval of the Countywide Plan land use designation by the Pinellas County Board of Commissioners, where applicable, thirty-one (31) days post-adoption, pursuant to Section 163.3187, Florida Statutes. If this ordinance is appealed within thirty (30) days after adoption, then this ordinance will take effect only after approval of the Countywide Plan land use designation by the Pinellas County Board of Commissioners and upon issuance of a final order determining this amendment to be in compliance either by the Department of Economic Opportunity (DEO) or the Administration Commission, where applicable, pursuant to section 163.3187, Florida Statutes. The Community Development Coordinator is authorized to transmit to Forward Pinellas, in its role as the Pinellas Planning Council, an application to amend the Ordinance No. 9562-22 Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2021-12020 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 05-29-16-00000-320-0200 0 U.S. Highway 19 N. Begin at the Northwest corner of the SW 1/4 of Section 5, Township 29 South, Range 16 East and run thence S 1° 08' 45" W. along the Section line 228.08 feet; thence S 88° 34' 39" E., 100. 0 feet; thence S 1° 08' 45" W., 33.0 feet; thence S 88° 34' 39" E., 16.0 feet for P.O.B.; thence S 88° 34' 39" E., along the Southerly boundary of County Road #50, 300.0 feet to the NW corner of Carlton Terrace as recorded in Plat Book 41, Page 16 of the public records of Pinellas County, Florida; thence S 1° 08' 45" W., along the Westerly boundary of said Carlton Terrace 1063.82 feet to the Southwest corner of said Carlton Terrace; thence N 89° 40' 43" W., along the 40-acre line 300.0 feet; thence N 1° 08' 45" E., along the Easterly boundary of U.S. Highway #19, 1009.59 feet; thence N 16° 05' 38" E., 62.01 feet to the P.O.B.; Less the South 419.0 feet thereof and LESS the following described tract: Begin at the Northwest corner of the SW 1/4 of Section 5, Township 29 South, Range 16 East, and run thence S. 1° 08' 45" W. along the section line 228.08 ft.; thence S. 88° 34' 39" E, 100.0 feet; thence S. 1° 08' 45" W., 33.0 feet; thence S. 88° 34' 39" E., 16.0 feet for P.O.B.; thence S. 88° 34' 39" E., 254.0 feet; thence S. 1° 08' 45" W., 170.0 feet; thence N. 88° 34' 39" W., 270.0 feet; thence N. 1° 08' 45" E., 110.0 feet; thence N. 16° 05' 38" E., 62.01 feet to P.O.B. No. Parcel ID Lot No., Block No. Address 2. 05-29-16-00000-320-0300 0 U.S. Highway 19 N. The South Four Hundred Nineteen feet (S. 419’) of the West Four Hundred feet (W. 400’) of the Northwest One-quarter (N.W. ¼) of the Southwest One-Quarter (S.W. ¼) of Section 5, Township 29 South, Range 16 East, LESS the West One Hundred feet (W. 100’) for road right-of-way, situated on U.S. Highway 19 North. Exhibit “B” PROPOSED FUTURE LAND USE MAP Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : Resiential/Office/ Retail (R/O/R) CP Commercial Parkway Atlas Page: 264A To: US 19-Neighborhood Center (US 19-NC) US 19 W US-19 FRONTAGE RDEUS-19FRONTAGERDSOUTH DR MORNINGSIDE DR WOODRING DR CARLTON DRUS Hwy 19 N23582 1800 2640 236## 1824 1813 1830 1866 1778263123894 235##26431807 2618 186523837 263423509 1804 1806 1837 1831 23902 1801 26411825 1860 262523499 26226421824 2636 1836 1774 23886 1830 26351812 1848 23610 1819 1842 1818 1854 1836 2612 23660181223656263426451818 1806 1800 2648237## 238##263723654US 19-NC RLRU RL RL US 19-NC R/O/R RL US 19-NC RU US 19-NC WATER US 19-NC -Not to Scale--Not a Survey-Rev. 1/25/2022 Ordinance No. 9563-22 ORDINANCE NO. 9563-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN UNADDRESSED REAL PROPERTIES LOCATED ON THE EAST SIDE OF US HIGHWAY 19 NORTH APPROXIMATELY 1,170 FEET SOUTH OF SUNSET POINT ROAD, ALL IN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS US 19; PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described properties located in Pinellas County, Florida, are hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance 9561-22, and subject to the approval of the land use designation set forth in Ordinance 9562-22 and the Countywide Plan land use designation approved by the Pinellas County Board of County Commissioners. Property Zoning District See attached Exhibit “A” for legal descriptions; US 19 (ANX2021-12020) Ordinance No. 9563-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2021-12020 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 05-29-16-00000-320-0200 0 U.S. Highway 19 N. Begin at the Northwest corner of the SW 1/4 of Section 5, Township 29 South, Range 16 East and run thence S 1° 08' 45" W. along the Section line 228.08 feet; thence S 88° 34' 39" E., 100. 0 feet; thence S 1° 08' 45" W., 33.0 feet; thence S 88° 34' 39" E., 16.0 feet for P.O.B.; thence S 88° 34' 39" E., along the Southerly boundary of County Road #50, 300.0 feet to the NW corner of Carlton Terrace as recorded in Plat Book 41, Page 16 of the public records of Pinellas County, Florida; thence S 1° 08' 45" W., along the Westerly boundary of said Carlton Terrace 1063.82 feet to the Southwest corner of said Carlton Terrace; thence N 89° 40' 43" W., along the 40-acre line 300.0 feet; thence N 1° 08' 45" E., along the Easterly boundary of U.S. Highway #19, 1009.59 feet; thence N 16° 05' 38" E., 62.01 feet to the P.O.B.; Less the South 419.0 feet thereof and LESS the following described tract: Begin at the Northwest corner of the SW 1/4 of Section 5, Township 29 South, Range 16 East, and run thence S. 1° 08' 45" W. along the section line 228.08 ft.; thence S. 88° 34' 39" E, 100.0 feet; thence S. 1° 08' 45" W., 33.0 feet; thence S. 88° 34' 39" E., 16.0 feet for P.O.B.; thence S. 88° 34' 39" E., 254.0 feet; thence S. 1° 08' 45" W., 170.0 feet; thence N. 88° 34' 39" W., 270.0 feet; thence N. 1° 08' 45" E., 110.0 feet; thence N. 16° 05' 38" E., 62.01 feet to P.O.B. No. Parcel ID Lot No., Block No. Address 2. 05-29-16-00000-320-0300 0 U.S. Highway 19 N. The South Four Hundred Nineteen feet (S. 419’) of the West Four Hundred feet (W. 400’) of the Northwest One-quarter (N.W. ¼) of the Southwest One-Quarter (S.W. ¼) of Section 5, Township 29 South, Range 16 East, LESS the West One Hundred feet (W. 100’) for road right-of-way, situated on U.S. Highway 19 North. Exhibit “B” PROPOSED ZONING MAP Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : Resiential/Office/ Retail (R/O/R) CP Commercial Parkway Atlas Page: 264A To: US 19-Neighborhood Center (US 19-NC) US 19 US 19 W US-19 FRONTAGE RDEUS-19FRONTAGERDSOUTH DR MORNINGSIDE DR WOODRING DR CARLTON DRUS Hwy 19 N23582 1800 2640 236## 1824 1813 1830 1866 1778263123894 235##26431807 2618 186523837 263423509 1804 1806 1837 1831 23902 1801 26411825 1860 262523499 26226421824 2636 1836 1774 23886 1830 26351812 1848 23610 1819 1842 1818 1854 1836 2612 23660181223656263426451818 1806 1800 2648237## 238##263723654US 19 LMDR LMDR LMDR LMDR LMDR LMDR P LMDR-Not to Scale--Not a Survey-Rev. 1/25/2022 LOCATION MAP Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 AUDREY DRWOODRING DR STA G R U N B L V D SUNSET POINT RD MORNINGSIDE DRW US-19 FRONTAGE RDUS Hwy 19 NE US-19 FRONTAGE RDN TERRACE DR COACH MANPLAZADRCARLTON DRSOUTH DRLAWSON RDHARBOR CIR OWEN DRCARDINAL DR^PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/24/2022 ^ PROJECT SITE AERIAL PHOTOGRAPH Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 1865 2641W US-19 FRONTAGE RDW US-19 FRONTAGE RDEEUUSS--1199FFRROONNTTAAGGEERRDDSOUTH DRSOUTH DR MMOORRNNIINNGGSSIIDDEE DDRR WOODRING DRWOODRING DR CARLTON DRCARLTON DRUS Hwy 19 NUS Hwy 19 N-Not to Scale--Not a Survey-Rev. 1/21/2022 EXISTING SURROUNDING USES MAP Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 W US-19 FRONTAGE RDEUS-19FRONTAGERDSOUTH DR MORNINGSIDE DR WOODRING DR CARLTON DRUS Hwy 19 N23582 1800 2640 236## 1824 1813 1830 1866 1778263123894 235##26431807 2618 186523837 263423509 1804 1806 1837 1831 23902 1801 26411825 1860 262523499 2622642239## 1824 2636 1836 1774 23886 23894 1830 26351812 1848 23610 1819 1842 1818 1854 1836 2612 23660181223656263426451818 1806 1800 2648237## 238##26372365423894 -Not to Scale--Not a Survey-Rev. 1/21/2022 Retail Plaza Automobile Sales Vacant Stormwater Ponds Detached Dwellings ANX2021-12020 Gilbert G. Jannelli Unaddressed US Highway 19 North View looking east at the northern unaddressed property South of the northern subject property North of the northern subject property Across the street, to the west of the northern subject property View looking northerly along US Highway 19 North View looking southerly along US Highway 19 North ANX2021-12020 Gilbert G. Jannelli Unaddressed US Highway 19 North View looking east at the southern unaddressed property South of the northern subject property North of the southern subject property Across the street, to the west of the northern subject property View looking northerly along US Highway 19 North View looking southerly along US Highway 19 North Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0321 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Authorize the piggyback of Omnia Contract Number MA3458, to CDW-G, of Vernon Hills, IL, in the amount of $656,241.24, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Exceptions to Bid - Piggyback or Cooperative Purchasing, and authorize the appropriate officials to execute same. (consent) SUMMARY: Authorization is requested to piggyback Omnia Contract MA3458 for Software Value Added Reseller CDW-G, pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Exceptions to Bid - Piggyback or Cooperative Purchasing, for the utilization of Commvault hardware and software backup solutions in the amount of $456,241.24. This item also authorizes the use of a lease purchase under the City's Master Lease Purchase Agreement or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City's best interests. This authorization upgrades three devices of the current backup devices with Commvault, extends maintenance on two devices, adds cloud backup services to the organization’s resiliency strategy, and provides professional services support. The CDW-G pricing includes five discrete devices and hardware and software support services for three years, as well as implementation, and deployment. In addition to the hardware and software maintenance, an additional $200,000 is being requested for Fiscal Year (FY) 2024 for the upgrade of two additional devices. The three-year expenditure will be as follows: FY 22: $324,723.68 Appliance hardware & software purchase, implementation, cloud services. FY 23: $78,757.78 Hardware & Software maintenance, cloud services. FY 24: $252,759.78 Appliance hardware & software purchase, implementation, cloud services. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement projects 355-L1908 and 355-M1912 to fund this purchase in FY-22. Future maintenance (FY23 and FY24) will be budgeted in the Information Technology operating budget, codes 5559864-530300 & 530500. Page 1 City of Clearwater Printed on 3/31/2022 Page 1 of 2 QUOTE CONFIRMATION DEAR SABRINA CHUTE, Thank you for considering CDWG LLC for your computing needs. The details of your quote are below. Click here to convert your quote to an order. QUOTE #QUOTE DATE QUOTE REFERENCE CUSTOMER #GRAND TOTAL MRBF494 3/14/2022 425705 0590071 $41,279.34 QUOTE DETAILS ITEM QTY CDW#UNIT PRICE EXT. PRICE COMMVAULT METALLIC CLD STORAGE SVC 46 6784654 $746.29 $34,329.34 1 NEW-ITEM $6,950.00 $6,950.00 Mfg. Part#: CV-MCS-GC-TB Metallic Cloud Storage Service for Commvault, Government Cloud, Cool TierOmnia # Contract Number: MA3458Electronic distribution - NO MEDIA Contract: NEW ITEM Mfg. Part#: NEW-ITEM CommvaultMFG # PS-MTL-DATABOXOffline data seeding into Metallic Cloud Storage Service for large data sets, facilitating initial backupor data load. Omnia # Contract Number: MA345836 MONTH These services are considered Third Party Services, and this purchase is subject to CDWs Third Party Cloud Services Terms and Conditions, unless you have a written agreement with CDW covering your purchase of products and services, in which case this purchase is subject to such other written agreement. The third-party Service Provider will provide these services directly to you pursuant to the Service Providers standard terms and conditions or su ch other terms as agreed upon directly between you and the Service Provider. The Service Provider, not CDW, will be responsible to you for delivery and performance of these services. Except as otherwise set forth in the Service Providers agreement, these services are non-cancellable, and all fees are non-refundable. PURCHASER BILLING INFO SUBTOTAL $41,279.34 Billing Address:CITY OF CLEARWATER FINANCE DEPTPO BOX 4748CLEARWATER, FL 33758-4748Phone: (727) 562-4630 Payment Terms: Net 30 Days-Govt State/Local SHIPPING $0.00 SALES TAX $0.00 GRAND TOTAL $41,279.34 DELIVER TO Please remit payments to: Page 2 of 2 Shipping Address:CITY OF CLEARWATERINFORMATION SERVICES100S MYRTLE AVECLEARWATER, FL 33756 Phone: (727) 562-4630 Shipping Method: UPS Ground CDW Government75 Remittance DriveSuite 1515 Chicago, IL 60675-1515 Need Assistance? CDWG LLC SALES CONTACT INFORMATION Ryan Torres |(877) 500-3403 |ryantor@cdwg.com LEASE OPTIONS FMV TOTAL FMV LEASE OPTION BO TOTAL BO LEASE OPTION $41,279.34 $1,116.61/Month $41,279.34 $1,286.68/Month Monthly payment based on 36 month lease. Other terms and options are available. Contact your Account Manager for details. Payment quoted issubject to change. Why finance? Lower Upfront Costs. Get the products you need without impacting cash flow. Preserve your working capital and existing credit line. Flexible Payment Terms. 100% financing with no money down, payment deferrals and payment schedules that match your company’s businesscycles. Predictable, Low Monthly Payments. Pay over time. Lease payments are fixed and can be tailored to your budget levels or revenue streams. Technology Refresh. Keep current technology with minimal financial impact or risk. Add-on or upgrade during the lease term and choose toreturn or purchase the equipment at end of lease. Bundle Costs. You can combine hardware, software, and services into a single transaction and pay for your software licenses over time! Weknow your challenges and understand the need for flexibility. General Terms and Conditions: This quote is not legally binding and is for discussion purposes only. The rates are estimate only and are based on a collection of industry datafrom numerous sources. All rates and financial quotes are subject to final review, approval, and documentation by our leasing partners.Payments above exclude all applicable taxes. Financing is subject to credit approval and review of final equipment and services configuration. Fair Market Value leases are structured with the assumption that the equipment has a residual value at the end of the lease term. This quote is subject to CDW’s Terms and Conditions of Sales and Service Projects athttp://www.cdwg.com/content/terms-conditions/product-sales.aspxFor more information, contact a CDW account manager ' 2022 CDWG LLC 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 | 800.808.4239 Page 1 of 2 QUOTE CONFIRMATION DEAR SABRINA CHUTE, Thank you for considering CDWG LLC for your computing needs. The details of your quote are below. Click here to convert your quote to an order. QUOTE #QUOTE DATE QUOTE REFERENCE CUSTOMER #GRAND TOTAL MQHT650 2/23/2022 463128 0590071 $14,435.00 QUOTE DETAILS ITEM QTY CDW#UNIT PRICE EXT. PRICE CommVault Professional Service Consulting service - technical support - 1 d 5 2154698 $2,449.00 $12,245.00 Mfg. Part#: IC-CONSDEP UNSPSC: 81112201 CVLT Consulting Services Omnia # Contract Number: MA3458Electronic distribution - NO MEDIA Contract: CommVault Pro Svc Project MGMNT Srvcs - tech support 10 2268295 $219.00 $2,190.00 Mfg. Part#: IC-CONSPM UNSPSC: 81112201 CVLT Project ManagerFlorida NVP Software Omnia # Contract Number: MA3458Electronic distribution - NO MEDIA Contract: PURCHASER BILLING INFO SUBTOTAL $14,435.00 Billing Address:CITY OF CLEARWATER FINANCE DEPTPO BOX 4748CLEARWATER, FL 33758-4748Phone: (727) 562-4630 Payment Terms: Net 30 Days-Govt State/Local SHIPPING $0.00 SALES TAX $0.00 GRAND TOTAL $14,435.00 DELIVER TO Please remit payments to: Shipping Address:CITY OF CLEARWATERINFORMATION SERVICES100S MYRTLE AVE CLEARWATER, FL 33756Phone: (727) 562-4630 Shipping Method: ELECTRONIC DISTRIBUTION CDW Government75 Remittance DriveSuite 1515 Chicago, IL 60675-1515 Need Assistance? CDWG LLC SALES CONTACT INFORMATION Ryan Torres |(877) 500-3403 |ryantor@cdwg.com LEASE OPTIONS Page 2 of 2 FMV TOTAL FMV LEASE OPTION BO TOTAL BO LEASE OPTION $14,435.00 $405.48/Month $14,435.00 $463.22/Month Monthly payment based on 36 month lease. Other terms and options are available. Contact your Account Manager for details. Payment quoted issubject to change. Why finance? Lower Upfront Costs. Get the products you need without impacting cash flow. Preserve your working capital and existing credit line. Flexible Payment Terms. 100% financing with no money down, payment deferrals and payment schedules that match your company’s businesscycles. Predictable, Low Monthly Payments. Pay over time. Lease payments are fixed and can be tailored to your budget levels or revenue streams. Technology Refresh. Keep current technology with minimal financial impact or risk. Add-on or upgrade during the lease term and choose toreturn or purchase the equipment at end of lease. Bundle Costs. You can combine hardware, software, and services into a single transaction and pay for your software licenses over time! Weknow your challenges and understand the need for flexibility. General Terms and Conditions: This quote is not legally binding and is for discussion purposes only. The rates are estimate only and are based on a collection of industry data from numerous sources. All rates and financial quotes are subject to final review, approval, and documentation by our leasing partners.Payments above exclude all applicable taxes. Financing is subject to credit approval and review of final equipment and services configuration.Fair Market Value leases are structured with the assumption that the equipment has a residual value at the end of the lease term. This quote is subject to CDW’s Terms and Conditions of Sales and Service Projects athttp://www.cdwg.com/content/terms-conditions/product-sales.aspxFor more information, contact a CDW account manager ' 2022 CDWG LLC 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 | 800.808.4239 Page 1 of 3 QUOTE CONFIRMATION DEAR SABRINA CHUTE, Thank you for considering CDWG LLC for your computing needs. The details of your quote are below. Click here to convert your quote to an order. QUOTE #QUOTE DATE QUOTE REFERENCE CUSTOMER #GRAND TOTAL MQHS747 2/23/2022 436721 0590071 $234,530.90 QUOTE DETAILS ITEM QTY CDW#UNIT PRICE EXT. PRICE Commvault HyperScale 50TB Storage Appliance 1 6178979 $74,999.00 $74,999.00 Mfg. Part#: CN-CV-E-2396-31 Commvault HyperScale X Appliance forInstall - 50 TB Usable - Per 3 NodeUnit, Monthly Rate, Subscription -3 Year, Upfront Payment. IncludesHyperScale Platform, 9x5 NBD Supportand Remote Installation Assistance.Months of Service36 Omnia # Contract Number: MA3458Contract: Commvault HyperScale Appliance Fiber Channel Host Bus Adapter Card 1 6179509 $2,967.95 $2,967.95 Mfg. Part#: CN-CVS-16G-FCC CVLT HyperScale X Appliance Fiber Channel HBA Card: (Add-on) Per CardMonths of Service 1Omnia # Contract Number: MA3458Contract: Commvault HyperScale Appliance Rack and Stack Service (Add-on) - configurat 1 6178993 $1,799.00 $1,799.00 Mfg. Part#: CN-X-STD-RS CVLT HyperScale X Appliance Rack andStack Service (Add-on)Months of Service 1 Omnia # Contract Number: MA3458Electronic distribution - NO MEDIAContract: Commvault HyperScale 50TB Storage Appliance 1 6178979 $74,999.00 $74,999.00 Mfg. Part#: CN-CV-E-2396-31 Commvault HyperScale X Appliance for Install - 50 TB Usable - Per 3 Node Unit, Monthly Rate, Subscription - 3 Year, Upfront Payment. Includes HyperScale Platform, 9x5 NBD Support and Remote Installation Assistance. Months of Service 36Omnia # Contract Number: MA3458Contract: Page 2 of 3 QUOTE DETAILS (CONT.) Commvault HyperScale Appliance Fiber Channel Host Bus Adapter Card 1 6179509 $2,967.95 $2,967.95 Mfg. Part#: CN-CVS-16G-FCC CVLT HyperScale X Appliance FiberChannel HBA Card: (Add-on) Per CardMonths of Service 1 Omnia # Contract Number: MA3458Contract: Commvault HyperScale 50TB Storage Appliance 1 6178979 $74,999.00 $74,999.00 Mfg. Part#: CN-CV-E-2396-31 Commvault HyperScale X Appliance forInstall - 50 TB Usable - Per 3 Node Unit, Monthly Rate, Subscription -3 Year, Upfront Payment. IncludesHyperScale Platform, 9x5 NBD Supportand Remote Installation Assistance.Months of Service36 Omnia # Contract Number: MA3458Contract: Commvault HyperScale Appliance Rack and Stack Service (Add-on) - configurat 1 6178993 $1,799.00 $1,799.00 Mfg. Part#: CN-X-STD-RS CVLT HyperScale X Appliance Rack and Stack Service (Add-on)Months of Service 1 Omnia # Contract Number: MA3458Electronic distribution - NO MEDIA Contract: PURCHASER BILLING INFO SUBTOTAL $234,530.90 Billing Address:CITY OF CLEARWATERFINANCE DEPTPO BOX 4748CLEARWATER, FL 33758-4748Phone: (727) 562-4630 Payment Terms: Net 30 Days-Govt State/Local SHIPPING $0.00 SALES TAX $0.00 GRAND TOTAL $234,530.90 DELIVER TO Please remit payments to: Shipping Address:CITY OF CLEARWATER INFORMATION SERVICES100S MYRTLE AVECLEARWATER, FL 33756Phone: (727) 562-4630 Shipping Method: DROP SHIP-COMMON CARRIER CDW Government 75 Remittance DriveSuite 1515Chicago, IL 60675-1515 Need Assistance? CDWG LLC SALES CONTACT INFORMATION Ryan Torres |(877) 500-3403 |ryantor@cdwg.com LEASE OPTIONS FMV TOTAL FMV LEASE OPTION BO TOTAL BO LEASE OPTION $234,530.90 $6,224.45/Month $234,530.90 $7,207.13/Month Monthly payment based on 36 month lease. Other terms and options are available. Contact your Account Manager for details. Payment quoted issubject to change. Why finance? Page 3 of 3 Lower Upfront Costs. Get the products you need without impacting cash flow. Preserve your working capital and existing credit line. Flexible Payment Terms. 100% financing with no money down, payment deferrals and payment schedules that match your company’s businesscycles. Predictable, Low Monthly Payments. Pay over time. Lease payments are fixed and can be tailored to your budget levels or revenue streams. Technology Refresh. Keep current technology with minimal financial impact or risk. Add-on or upgrade during the lease term and choose toreturn or purchase the equipment at end of lease. Bundle Costs. You can combine hardware, software, and services into a single transaction and pay for your software licenses over time! Weknow your challenges and understand the need for flexibility. General Terms and Conditions: This quote is not legally binding and is for discussion purposes only. The rates are estimate only and are based on a collection of industry data from numerous sources. All rates and financial quotes are subject to final review, approval, and documentation by our leasing partners.Payments above exclude all applicable taxes. Financing is subject to credit approval and review of final equipment and services configuration.Fair Market Value leases are structured with the assumption that the equipment has a residual value at the end of the lease term. This quote is subject to CDW’s Terms and Conditions of Sales and Service Projects athttp://www.cdwg.com/content/terms-conditions/product-sales.aspx For more information, contact a CDW account manager ' 2022 CDWG LLC 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 | 800.808.4239 Page 1 of 2 QUOTE CONFIRMATION DEAR SABRINA CHUTE, Thank you for considering CDWG LLC for your computing needs. The details of your quote are below. Click here to convert your quote to an order. QUOTE #QUOTE DATE QUOTE REFERENCE CUSTOMER #GRAND TOTAL MQHR841 2/23/2022 457163 0590071 $28,998.00 QUOTE DETAILS ITEM QTY CDW#UNIT PRICE EXT. PRICE Commvault HyperScale - subscription license (3 years) - 1 unit, 48 TB raw c 1 4859508 $0.00 $0.00 Mfg. Part#: CN-CV-E-1348-31 CVLT HyperScale Appliance forExisting Install: Model E1348-PerUnit-Subscription36 MONTHSSerial Number’FA63AOmnia # Contract Number: MA3458Electronic distribution - NO MEDIAContract: Commvault HyperScale - subscription license extension (1 year) - 1 unit, 48 1 5131590 $14,499.00 $14,499.00 Mfg. Part#: CN-E-1348-EXT-11 CVLT HyperScale Appliance for Existing Install: (1-YearExtension)-Model E1348-PerUnit-Subscription12 MONTHSSerial Number’FA63A Omnia # Contract Number: MA3458Electronic distribution - NO MEDIAContract: Commvault HyperScale - subscription license (3 years) - 1 unit, 48 TB raw c 1 4859508 $0.00 $0.00 Mfg. Part#: CN-CV-E-1348-31 CVLT HyperScale Appliance forExisting Install: Model E1348-PerUnit-Subscription36 MONTHSSerial Number’FA63A Omnia # Contract Number: MA3458Electronic distribution - NO MEDIAContract: Commvault HyperScale - subscription license extension (1 year) - 1 unit, 48 1 5131590 $14,499.00 $14,499.00 Mfg. Part#: CN-E-1348-EXT-11 CVLT HyperScale Appliance forExisting Install: (1-YearExtension)-Model E1348-PerUnit-Subscription Page 2 of 2 QUOTE DETAILS (CONT.) 12 MONTHSSerial Number’FA63A Omnia # Contract Number: MA3458Electronic distribution - NO MEDIA Contract: PURCHASER BILLING INFO SUBTOTAL $28,998.00 Billing Address:CITY OF CLEARWATERFINANCE DEPTPO BOX 4748 CLEARWATER, FL 33758-4748Phone: (727) 562-4630 Payment Terms: Net 30 Days-Govt State/Local SHIPPING $0.00 SALES TAX $0.00 GRAND TOTAL $28,998.00 DELIVER TO Please remit payments to: Shipping Address: CITY OF CLEARWATERINFORMATION SERVICES100S MYRTLE AVECLEARWATER, FL 33756Phone: (727) 562-4630 Shipping Method: ELECTRONIC DISTRIBUTION CDW Government75 Remittance DriveSuite 1515Chicago, IL 60675-1515 Need Assistance? CDWG LLC SALES CONTACT INFORMATION Ryan Torres |(877) 500-3403 |ryantor@cdwg.com LEASE OPTIONS FMV TOTAL FMV LEASE OPTION BO TOTAL BO LEASE OPTION $28,998.00 $784.40/Month $28,998.00 $903.87/Month Monthly payment based on 36 month lease. Other terms and options are available. Contact your Account Manager for details. Payment quoted issubject to change. Why finance? Lower Upfront Costs. Get the products you need without impacting cash flow. Preserve your working capital and existing credit line. Flexible Payment Terms. 100% financing with no money down, payment deferrals and payment schedules that match your company’s businesscycles. Predictable, Low Monthly Payments. Pay over time. Lease payments are fixed and can be tailored to your budget levels or revenue streams. Technology Refresh. Keep current technology with minimal financial impact or risk. Add-on or upgrade during the lease term and choose toreturn or purchase the equipment at end of lease. Bundle Costs. You can combine hardware, software, and services into a single transaction and pay for your software licenses over time! Weknow your challenges and understand the need for flexibility. General Terms and Conditions: This quote is not legally binding and is for discussion purposes only. The rates are estimate only and are based on a collection of industry datafrom numerous sources. All rates and financial quotes are subject to final review, approval, and documentation by our leasing partners.Payments above exclude all applicable taxes. Financing is subject to credit approval and review of final equipment and services configuration. Fair Market Value leases are structured with the assumption that the equipment has a residual value at the end of the lease term. This quote is subject to CDW’s Terms and Conditions of Sales and Service Projects athttp://www.cdwg.com/content/terms-conditions/product-sales.aspxFor more information, contact a CDW account manager ' 2022 CDWG LLC 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 | 800.808.4239 Page 1 of 2 QUOTE CONFIRMATION DEAR SABRINA CHUTE, Thank you for considering CDWG LLC for your computing needs. The details of your quote are below. Click here to convert your quote to an order. QUOTE #QUOTE DATE QUOTE REFERENCE CUSTOMER #GRAND TOTAL MQHR017 2/23/2022 463107 0590071 $28,998.00 QUOTE DETAILS ITEM QTY CDW#UNIT PRICE EXT. PRICE Commvault HyperScale - subscription license (3 years) - 1 unit, 48 TB raw c 1 4859508 $0.00 $0.00 Mfg. Part#: CN-CV-E-1348-31 CVLT HyperScale Appliance forExisting Install: Model E1348-PerUnit-Subscription36 MONTHSSerial Number’FA63AOmnia # Contract Number: MA3458Electronic distribution - NO MEDIAContract: Commvault HyperScale - subscription license extension (1 year) - 1 unit, 48 1 5131590 $14,499.00 $14,499.00 Mfg. Part#: CN-E-1348-EXT-11 CVLT HyperScale Appliance for Existing Install: (1-YearExtension)-Model E1348-PerUnit-Subscription12 MONTHSSerial Number’FA63A Omnia # Contract Number: MA3458Electronic distribution - NO MEDIAContract: Commvault HyperScale - subscription license (3 years) - 1 unit, 48 TB raw c 1 4859508 $0.00 $0.00 Mfg. Part#: CN-CV-E-1348-31 CVLT HyperScale Appliance forExisting Install: Model E1348-PerUnit-Subscription36 MONTHSSerial Number’FA63A Omnia # Contract Number: MA3458Electronic distribution - NO MEDIAContract: Commvault HyperScale - subscription license extension (1 year) - 1 unit, 48 1 5131590 $14,499.00 $14,499.00 Mfg. Part#: CN-E-1348-EXT-11 CVLT HyperScale Appliance forExisting Install: (1-YearExtension)-Model E1348-PerUnit-Subscription Page 2 of 2 QUOTE DETAILS (CONT.) 12 MONTHSSerial Number’FA63A Omnia # Contract Number: MA3458Electronic distribution - NO MEDIA Contract: PURCHASER BILLING INFO SUBTOTAL $28,998.00 Billing Address:CITY OF CLEARWATERFINANCE DEPTPO BOX 4748 CLEARWATER, FL 33758-4748Phone: (727) 562-4630 Payment Terms: Net 30 Days-Govt State/Local SHIPPING $0.00 SALES TAX $0.00 GRAND TOTAL $28,998.00 DELIVER TO Please remit payments to: Shipping Address: CITY OF CLEARWATERINFORMATION SERVICES100S MYRTLE AVECLEARWATER, FL 33756Phone: (727) 562-4630 Shipping Method: ELECTRONIC DISTRIBUTION CDW Government75 Remittance DriveSuite 1515Chicago, IL 60675-1515 Need Assistance? CDWG LLC SALES CONTACT INFORMATION Ryan Torres |(877) 500-3403 |ryantor@cdwg.com LEASE OPTIONS FMV TOTAL FMV LEASE OPTION BO TOTAL BO LEASE OPTION $28,998.00 $784.40/Month $28,998.00 $903.87/Month Monthly payment based on 36 month lease. Other terms and options are available. Contact your Account Manager for details. Payment quoted issubject to change. Why finance? Lower Upfront Costs. Get the products you need without impacting cash flow. Preserve your working capital and existing credit line. Flexible Payment Terms. 100% financing with no money down, payment deferrals and payment schedules that match your company’s businesscycles. Predictable, Low Monthly Payments. Pay over time. Lease payments are fixed and can be tailored to your budget levels or revenue streams. Technology Refresh. Keep current technology with minimal financial impact or risk. Add-on or upgrade during the lease term and choose toreturn or purchase the equipment at end of lease. Bundle Costs. You can combine hardware, software, and services into a single transaction and pay for your software licenses over time! Weknow your challenges and understand the need for flexibility. General Terms and Conditions: This quote is not legally binding and is for discussion purposes only. The rates are estimate only and are based on a collection of industry datafrom numerous sources. All rates and financial quotes are subject to final review, approval, and documentation by our leasing partners.Payments above exclude all applicable taxes. Financing is subject to credit approval and review of final equipment and services configuration. Fair Market Value leases are structured with the assumption that the equipment has a residual value at the end of the lease term. This quote is subject to CDW’s Terms and Conditions of Sales and Service Projects athttp://www.cdwg.com/content/terms-conditions/product-sales.aspxFor more information, contact a CDW account manager ' 2022 CDWG LLC 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 | 800.808.4239 State of Utah Contract # MA3458 for Online Marketplace with CDW Government LLC Effective: May 6, 2020 The following documents comprise the executed contract between the State of Utah and CDW Government LLC effective May 6, 2020: I. Vendor Contract and Signature Form II. Supplier’s Response to the RFP, incorporated by reference Michael Glenn 801-957-7137 NA michaelglenn@utah.gov Division of Purchasing Contact Person Telephone Number Fax Number Email Attachment A Online Marketplace Scope of Work Background: This contract is in place in order for end users to receive access to the Contractor’s Online Marketplace. This contract utilizes a dynamic pricing structure in which the price for items is what is currently listed on the digital marketplace and is driven by the market. Categories: The contracts include four (4) awarded categories: 1) Education-Based Accessories, Display, Products and Related Supplies Items related to products and supplies used in an education-based setting which may include but is not limited to: animal and pet supplies, art supplies, craft products, books, lesson plans and curriculum, school equipment, white boards, blackboards, teaching material, and other related products. 2) Information Technology-Peripheral Devices and Related Products Product-based supplies and solutions that involve information technology peripheral devices which may include but is not limited to: mouse, copiers, printers, cameras, video cameras, microphones, speakers, keyboard, multifunction printers, scanners, plotters, and other related items. Items in this category should not connect to a user’s network. It is the end user’s  responsibility to ensure items in this category are not connected to a network.      3) Maintenance, Repair and Operations Products (MRO) Product-based items related to the maintenance, repair, and/or general operations that include but is not limited to: building materials, hardware, cabinets, motors, pumps, paints and coatings, plumbing equipment, power tools, windows, doors, cleaning products (to include green and dye- free), carpet care products and supplies, restroom care products and supplies, waste receptacles and liners, industrial tools and supplies (such as carts, dusters, brushes, spray bottles, squeegees, and gloves), rags, wipes, and related supplies. 4) Office-Based Accessories, Décor, Products, and Related Supplies Items that could be utilized in an office-like setting and used on a semi-regular basis which may include but is not limited to: binders, folders, filing materials, storage, calendars, paper (copy, printer, photo, and presentation), notebooks, labels, post-it notes, shipping materials, envelopes, staplers, staples, paper punches, paper clips, scissors, rubber bands, cash register and thermal rolls, ink, toner cartridges, pens, pencils, markers, framing, tabletop or floor lamps, mirrors, general signage, wall décor, display cases, area rugs, mats, and other office related products. Attachment B (Award Categories by Contract) has the breakdown of which contracts were awarded which categories. This contract may only be used to purchase items that fall within the category/categories that the contractor was awarded for. Contract Deliverables: Contractor will provide the following deliverables for the contract:  Online Marketplace: Contractor will provide a digital marketplace for users of this contract to order supplies through.  Order Fulfillment: Contractor will fulfill orders from beginning (ordering of products) to end (delivery to requester).  Digital Analytics: Contractor will provide some form of data analysis on ordering trends, user groups, etc.  Ability to Restrict Categories: In order to maintain the scope for the contract, contractor will restrict certain items (IT, furniture, etc.) as designated by participating end users as needed by each end users laws and applicable rules. Dynamic Pricing: The contract pricing will be established by overall market trends to ensure that the end users and their entities are continually receiving the best value. This contract will not need to be amended for price when the market goes up or down due to the market establishing the best value possible. Terms and Conditions: Terms and Conditions for this Master Agreement were negotiated by Omnia Partners in the Administration Agreement for the contract portfolio. Terms and Conditions specific to a participating entity will be negotiated with the contractor, by the participating entity, prior to the participating agreement being signed. Online Marketplace Online Marketplace with a dynamic price structure. Omnia. Open 1/8/2020 1:00 PM MST Type Expertise/Solution Based Close 2/12/2020 2:00 PM MST Number MG20-81 Currency US Dollar Sealed Until 2/12/2020 2:00 PM MST Contacts Michael Glenn michaelglenn@utah.gov Phone +1 801-538-1287 Commodity Codes Commodity Code Description 44120 Office supplies including folders and binders and mailing supplies and desk supplies and writing instruments, print services 21101 Dispersing and spraying appliances for agriculture including sprinklers, dusters, sprayers, composters, pollination equipment and supplies, frost protection equipment, fertilizer spreaders, irrigation systems 23150 Industrial process machinery and equipment and supplies including for rubber and plastics processing industry and pharmaceutical and optical industry and cement and ceramics and glass industry and packaging industry 23270 Welding and soldering and brazing machinery and accessories and supplies 30180 Plumbing fixtures including non-sanitary residential fixtures and faucets or taps and shower heads and jets and parts and accessories 39120 Electrical equipment and components and supplies including electrical plugs and circuit protection devices and transformers 40101 Air circulation and parts and accessories including blowers and chillers 40150 Industrial pumps and compressors and parts and accessories 42120 Veterinary services and equipment and supplies including veterinary clinical furniture and veterinary products 42140 Patient care and treatment products and supplies including medical documentation products and syringes and accessories and eyeglasses and contact lenses 42170 Emergency and field medical services products including emergency or rescue blankets and spine boards and splints and ambulance cots and defibrillators and accessories and first aid supplies and kits 42190 Medical supplies and medical facility products including hospital intercom systems and infant or child security transmitter and surgical compressed air tanks and medical instrument storage cabinets or chests and patient lifts 42280 Medical sterilization products including disinfecting or presterilization cleaning equipment and solutions and sterilization indicators and controls and wraps and packaging supplies 43200 Components for information technology or broadcasting or telecommunications including media storage devices 43210 Information technology hardware including computer hardware and accessories and printers and input data devices and electronic voting and vote-counting equipment 43221 Information technology telecommunications including call management systems or accessories including background music services 43230 Information technology software including computer software 44100 Office machines and supplies and accessories and maintenance including printers and copiers and digital duplicators 45110 Audio and visual presentation and composing equipment including projectors and supplies 08 January 202008 January 2020 45120 Photographic or filming or video equipment including cameras and darkroom supplies and media storage and accessories and photography and aerial lidar and digital orthophotography 46150 Law enforcement equipment and supplies including crowd control equipment and security and control equipment and forensic equipment and supplies 46160 Public safety and control equipment and supplies and accessories including traffic control (driver feedback signs and traffic signals) and water safety and rescue equipment and accessories and snow and ice melter and snow removal equipment and road salt 46180 Personal safety and protection equipment and supplies including safety apparel 47130 Cleaning and janitorial supplies including cleaning rags and wipes 49240 Recreation and playground and swimming and spa equipment and supplies including maintenance and repairs 50190 Prepared and preserved foods including frozen food and packaged combination meals and plain pasta and noodles and infant foods and beverages and instant mixes and supplies 54110 Timepieces including watches and clocks and parts and accessories 55120 Signage and accessories including flags and flagpoles and parts and accessories and identification documents and tags and labels 56101 Office furniture including partitions and desks and filing cabinets and credenzas and conference tables 60100 Developmental and professional teaching aids and materials and accessories and supplies 60120 Arts and crafts equipment and accessories and supplies including canvases and films and boards and paint and mediums and picture framing and drawing tools and supplies and accessories and studio aids and printmaking supplies 60130 Musical instruments and parts and accessories including alternative sounds instruments and music and dance accessories and musical instrument sets 60140 Toys and games including play houses and trikes and wagons and playmats and unit blocks and costumes or accessories and dress up centers and pretend play kits or supplies 81110 Information technology services including cloud services and data services and rental or leasing services and online database subscription services and programming and hardware or software engineering and applications training services 08 January 202008 January 2020 Description Issuing Procurement Unit Division of Purchasing &General Services Conducting Procurement UnitDivision of Purchasing &General Services Online Marketplace SOLICITATION #MG20-81 This Request for Proposals (“RFP”),having been determined to be the appropriate procurement method to provide the best value to the Conducting Procurement Unit,is designed to provide interested Offerors with sufficient basic information to submit proposals.This Request for Proposals ("RFP”)is issued in accordance with the Utah Procurement Code and applicable administrative rules of the Utah Administrative Code.If any provision of this RFP conflicts with the Utah Procurement Code or Utah Administrative Code,then the Utah Procurement Code or Utah Administrative Code will take precedence. Purpose of this Solicitation The purpose of this RFP is for the State of Utah to enter into a contract with a vendor to provide a solution to the following problem that the Conducting Procurement Unit is experiencing: The State is seeking to provide users with an online digital marketplace to provide transactional items that may be used routinely and needed quickly to address the everyday needs of public entities,schools,and universities. This RFP and resulting contract award(s)is a solutions-based solicitation,meaning the State of Utah is seeking equipment, products,and/or services that meet the requirements of this RFP and that are commonly desired or are required by law or industry standards.The State is looking to have one or multiple online marketplaces that are able to provide a diverse range of transactional items that could be used in and for an office,school,and/or other settings.Offerors may submit for one,all, or a combination of the following categories:Education-Based Accessories,Display,Products,and Related Supplies; Information Technology Peripheral Devices and Related Products;Maintenance,Repair and Operation Products;and Office-Based Accessories,Décor,Products,and Related Supplies.When submitting for one or more categories, Offerors may subcontract items.Offerors may include related solutions that are complementary to the categories and items identified in this RFP. Given the cooperative nature of this RFP,it is expected that offerors shall propose a wide array of equipment,products,and/or services at lower prices and with better value than what they would ordinarily offer to the public or to a single government entity. Background of the Conducting Procurement Unit Online Marketplace The State of Utah has identified the need to have a digital marketplace in order to provide the State and its entities the best prices.In previous years,the State of Utah had a contract for office supplies that was based on an established discount from list price.In wanting to determine if the discount from list price offers the best value to the State of Utah,a digital marketplace for office and schools supplies was obtained which utilized a more dynamic pricing model. The State of Utah is now seeking an Online Digital Marketplace Solution across specific categories that offers a more dynamic pricing structure to ensure the State and its entities are continually receiving the best value.Under a dynamic pricing model,the State of Utah anticipates that the market establishes the best value and the State will not need to amend the contract when the market goes up or down.Additionally,by extending this contract nationwide,the benefits of this contract are not limited to the State of Utah.Presently,many public and non-profit entities utilize online marketplaces.By offering Participating Public Agencies the ability to utilize the resultant contract(s),agencies can lower costs through reducing procurement expenses, improve their compliance and reporting,and potentially support a wider range of diverse suppliers. National Contract The State of Utah,as the Principal Procurement Agency,defined in Attachment G,has partnered with OMNIA Partners,Public Sector (“OMNIA Partners”)to make the resultant contract (also known as the “Master Agreement”in materials distributed by 08 January 202008 January 2020 OMNIA Partners)from this solicitation available to other public agencies nationally,including state and local governmental entities,public and private primary,secondary and higher education entities,non-profit entities,and agencies for the public benefit (“Public Agencies”),through OMNIA Partners’cooperative purchasing program.The State of Utah is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement.Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners (a “Participating Public Agency”)and by using the Master Agreement,any such Participating Public Agency agrees that it is registered with OMNIA Partners, whether pursuant to the terms of a Master Intergovernmental Purchasing Cooperative Agreement,a form of which is attached hereto on Attachment G,or as otherwise agreed to.Attachment G contains additional information about OMNIA Partners and the cooperative purchasing program. OMNIA Partners is the largest and most experienced purchasing organization for public and private sector procurement. Through the economies of scale created by OMNIA Partners public sector subsidiaries and affiliates,National IPA and U.S. Communities,our participants now have access to more competitively solicited and publicly awarded cooperative agreements. The lead agency contracting process continues to be the foundation on which we are founded.OMNIA Partners is proud to offer more value and resources to state and local government,higher education,K-12 education and non-profits. OMNIA Partners provides shared services and supply chain optimization to government,education and the private sector.With corporate,pricing and sales commitments from the Vendor,OMNIA Partners provides marketing and administrative support for the Vendor that directly promotes the Vendor’s products and services to Participating Public Agencies through multiple channels,each designed to promote specific products and services to Public Agencies on a national basis.Participating Public Agencies benefit from pricing based on aggregate spend and the convenience of a contract that has already been advertised and publicly competed.The Vendor benefits from a contract that generally allows Participating Public Agencies to directly purchase goods and services without the Vendor’s need to respond to additional competitive solicitations.As such,the Vendor must be able to accommodate a nationwide demand for services and to fulfill obligations as a nationwide Vendor and respond to the OMNIA Partners documents (Attachment G). Expectations for Deliverables by the Conducting Procurement Unit Online digital marketplace providing at least one of the below categories.The items listed in each category are not restrictive or exhaustive but included to provide a general description of products and supplies that may be included.While all items described are available through an award contract,the State and Participating Public Agencies may choose to limit which categories their end users have access to. Education-Based Accessories,Display,Products and Related Supplies Items related to products and supplies used in an education-based setting which may include but is not limited to:animal and pet supplies,art supplies,craft products,books,lesson plans and curriculum,school equipment,white boards, blackboards,teaching material,and other related products. Information Technology-Peripheral Devices and Related Products Product-based supplies and solutions that involve information technology peripheral devices which may include but is not limited to:mouse,copiers,printers,cameras,video cameras,microphones,speakers,keyboard,multifunction printers,scanners,plotters,and other related items.Items in this category should not connect to a user’s network. Maintenance,Repair and Operations Products Product-based items related to the maintenance,repair,and/or general operations that include but is not limited to: building materials,hardware,cabinets,motors,pumps,paints and coatings,plumbing equipment,power tools,windows, doors,cleaning products (to include green and dye-free),carpet care products and supplies,restroom care products and supplies,waste receptacles and liners,industrial tools and supplies (such as carts,dusters,brushes,spray bottles, squeegees,and gloves),rags,wipes,and related supplies. Office-Based Accessories,Décor,Products,and Related Supplies 08 January 202008 January 2020 Items that could be utilized in an office-like setting and used on a semi-regular basis which may include but is not limited to:binders,folders,filing materials,storage,calendars,paper (copy,printer,photo,and presentation),notebooks,labels, post-it notes,shipping materials,envelopes,staplers,staples,paper punches,paper clips,scissors,rubber bands,cash register and thermal rolls,ink,toner cartridges,pens,pencils,markers,framing,tabletop or floor lamps,mirrors,general signage,wall décor,display cases,area rugs,mats,and other office related products. Project Goals for the Conducting Procurement Unit In addition to specific qualifications and requirements listed later in this RFP,providers should offer an established,out-of-the-box business-to-consumer e-commerce marketplace platform that fits the following requirements: •Is designed as a B2C (Business to Consumer)platform to connect one or more sellers to multiple buyers. •An established and demonstrated methodology for showing prices are generally below retail prices •Offers the ability to make payments through the platform or to a centralized accounts receivable function via credit card functionality •Offers a wide variety of products in multiple commodity groups with the awarded categories •A focus on quick delivery with the majority of products being available to be delivered to users within 5 days •A central point of contact for customer service,delivery,or account issues And preferences for platforms include: •out-of-the-box analytics/reporting dashboard and capabilities that are part of the platform. •customizable workflow and governance capabilities in the platform to allow: ◦all administrators to restrict product or commodities depending on organizational internal policies and procedures. ◦full revision history of changes made and who made the workflow •Other Capabilities ◦Secure Login ◦Online catalog of items ◦Access to online order history ◦Mobile-enabled site ◦Payment methods –Purchase Order (“PO”)or credit card ◦Standard reporting ◦Freight selection ◦Online sample request form ◦Product images (high resolution)associated with each item Closing Date and Time The closing date and time for this sourcing event is provided below in the Anticipated Schedule.If your time zone is different from that shown,your profile may be set to a different time zone.Please see the attachment titled "Changing Your Time Zone" in the Buyer Attachments section for directions on how to update your profile.It is your responsibility to make sure you submit your response by the date and time indicated above. Contract Award It is anticipated that this RFP will result in multiple contract awards.The methodology or formula that will be used to determine the number of contract awards is based on the Cost per Points Ratio (Cost Proposal/Technical Points Received=Cost Points Ratio).All vendors within 300%of the lowest Cost Point Ratio will be awarded a contract. Future Procurements 08 January 202008 January 2020 The State of Utah reserves the right and may reopen this solicitation,or create a new solicitation if it determines there may be more competition for the procurement item than when the original solicitation was posted. Length of the Contract The contract resulting from this RFP will be for FIVE (5)years or the time identified by the awarded vendors during the clarification phase.The Contractor shall have the right to enter local “service”agreements with Participating Public Agencies accessing the contract through OMNIA Partners,so long as the effective date of such agreement is prior to the expiration of the Contract.All local agreements may have a full potential term (any combination of initial and renewal periods)not to exceed five years.Although the scope reflects the needs and requirements of the State of Utah,OMNIA Partners Participating Public Agencies may have different requirements.Participants may elect to negotiate certain terms to conform to their purchasing and contracting requirements. Anticipated Schedule The following is the anticipated schedule for this procurement.The Division reserves the right to alter these dates.All deadlines are prevailing (Daylight or Standard)Mountain Time. ACTIVITY DATE RFP Issued 1/8/2020 Offeror Webinar Google Meeting (meet.google.com/axf-avqz-wmc)1/22/2020 at 1:30 pm MST Deadline for Questions during the Question and Answer Period 1/29/2020 RFP Offeror Submittals Due Date 2/12/2020 Identification of Potential Awarded Offeror 2/19/2020 Signing of Contract 3/4/2020 Anticipated Authorization to Proceed 3/4/2020 It is the sole responsibility of the Offerors to examine,with appropriate care and diligence prior to submitting its response to the RFP,the RFP and all conditions which may in any way affect its response or performance under the Contract (if awarded). 08 January 202008 January 2020 Required to View Event Prerequisites Required to Enter Bid 1.Vendors must complete and upload Attachments B, C, and D. 2.Vendors must complete and upload Attachments D1, D2, D3, E and G (if the vendor wishes to participate with Omnia Partners). 3. All proposals in response to this RFP will be evaluated in a manner consistent with the Utah Procurement Code, Administrative Rules, policies and the evaluation criteria in this RFP. Offerors bear sole responsibility for the items included or not included within the proposal submitted by the Offeror. Each area of the evaluation criteria must be addressed in detail in the proposal. 4.Offerors may request that part of its proposal be protected by submitting a Claim of Business Confidentiality Form. See the Buyers Attachment section. 5.Offeror may take exception and/or propose additional language to the Standard Terms and Conditions that have been attached to this RFP. 6.The issuing procurement unit may not accept a proposal after the time for submission of a proposal has expired. 7.Additional information regarding this solicitation. 8. If an Offeror is awarded a contract from this RFP then it is required to provide a quarterly administrative fee and report per the requirements listed below; this said quarterly administrative fee and report is only related to Utah agencies that utilize this Contract. In addition to the quarterly administrative fee and report, the successful Offeror will also be required to sign Attachment G (Requirements for National Cooperative Contract to be Administered by OMNIA Partners, Public Sector), Exhibit B, OMNIA Partners Administration Agreement; the terms and conditions outlined in Attachment G related to Participating Public Agencies include those both within and outside of the State of Utah. Offerors should have any reviews required to sign the document prior to submitting a response as an Offeror’s response should include any proposed exceptions to the OMNIA Partners Administration Agreement.. 08 January 202008 January 2020 Buyer Attachments 1.Terms and Conditions for Goods & Services (Cooperative Contracts) 2.Description of Solicitation Process 3.Attachment B - Key Personnel Form 4.Attachment C - Price Proposal Sheet 5.Attachment D - Project Capability Templates 6.Attachment E - Marketing/Education Plan 7.Attachment F - Weekly Risk Report Guide 8.Attachment F1 - WRR Template.xlsx 9.Attachment G - OMNIA Participation 1 0.Claim of Business Confidentiality Form 1 1.Changing your Time Zone 1 2.Examples of Attachment D 1 3.Draft Score Sheet 08 January 202008 January 2020 Questions Required Questions Group 1:Acceptance of Prerequisites 1.1 Is Offeror presently or has Offeror ever been debarred, suspended, proposed for debarment, or declared ineligible by any governmental department or agency, whether international, national, state, or local? 1.2 Offeror acknowledges that it must acquire and maintain all applicable federal, state, and local licenses before the contract is entered into. Licenses must be maintained throughout the entire contract period. Persons doing business as an Individual, Association, Partnership, Corporation, or otherwise shall be registered with the Utah State Division of Corporations and Commercial Code. NOTE: Forms and information on registration may be obtained by calling (801) 530-4849 or toll free at 877-526-3994, or by accessing: www.commerce.utah.gov. 1.3 Offeror acknowledges that it has uploaded a document providing a point-by-point response to the following prerequisites: the mandatory minimum requirements prerequisite, the technical requirements prerequisite, and any other prerequisite that required a document to be uploaded. 1.4 In the event that an Offeror offers pricing discounts for educational entities that (1) are applicable to this solicitation and (2) result in lower pricing than what is generally offered to other governmental entities, please attach a separate cost proposal labeled “Educational Pricing” to your proposal. This cost proposal for Educational Pricing is to be submitted in addition to the original Cost Proposal Form and will only be available to authorized end users. The Educational Pricing will not be used to evaluate costs. Offeror acknowledges that it has read and understands this question. 1.5 Does Offeror have an outstanding tax lien in the State of Utah? If yes, Offeror must provide a statement regarding its debarment or suspension. 1.6 Is Offeror an employee of the State of Utah? If yes, then Offeror must submit an external employment form signed by Offeror's manager at the State of Utah. 1.7 If awarded a State Cooperative Contract Offeror understands that its resulting contract may be terminated for convenience, without cause, if there is no reported spend for any one fiscal year of its contract. Group 2:Vendor Information 2.1 Please provide your firm's legal company name. 2.2 Please provide your federal tax identification number. (If the vendor is sole proprietor please do not provide your social security number.) 2.3 Please provide your firm's contact information for the resulting contract, including the name, phone number, and email address of your firm's authorized representative. 2.4 Please provide your ordering address and the remit to address. Please clearly identify each address. 2.5 Please provide your firm's State of Utah Sales Tax ID Number. If you do not have a State of Utah Sales Tax ID Number, please write "N/A". 2.6 Identify your firm's type of business. 2.7 Identify your company's Point of Contact for this solicitation, include the point of contact's phone number and email address. 2.8 Is Offeror (owners, principles, partners) a retiree currently receiving benefits through the Utah Retirement Systems (URS)? Group 3:Vendor's Submission 3.1 I have either attended the pre-proposal meeting or viewed the webinar of the pre-proposal meeting. 3.2 Upload your completed response for Attachment B: Key Personnel Proposal Form. 3.3 Upload your response for Attachment D: Project Capability Submittal (LE, RA, VA) Checklist and Format. 3.4 Upload your completed Attachment E here. 3.5 If your firm is requesting parts of its proposal be protected please upload your Claim of Business Confidentiality Form here as well as your redacted proposal. 3.6 Any exceptions to the Terms and Conditions must be uploaded here in the format outlined in Prerequisites: Standard Terms and Conditions (Exceptions and Negotiations). Exceptions and/or additions submitted after the date and time for receipt of proposals will not be considered. If you have no exceptions, upload a document stating "None". 08 January 202008 January 2020 3.7 Vendor understands and acknowledges that its response, including all uploaded documents, will not be considered received by the State of Utah unless the Vendor clicks submit. Even if Vendor uploads all required documents and responds to all required questions its response will not be considered if it does not click submit. Offeror acknowledges that after completing the solicitation it must click on the link in the left hand menu bar labeled “Review & Submit”, then check the box under the “Certification” heading to certify their bid. Then click the blue box labeled “Submit Response” in order to submit their bid. Once the response has been submitted, Vendor will receive a confirmation that the response was successfully submitted. Vendors who fail to submit their response will not have their response reviewed and will be ineligible for further consideration under this solicitation. 3.8 Upload your response for Attachment G: Requirements for National Cooperative Contract to be Administered by OMNIA Partners, Public Sector. If you do not wish to participate in the nationwide portion of this contract, upload a word doc stating so. Group 4:Award Categories 4.1 Do you want to be considered for the Education category and have you inputted cost data for all items in the Education market basket? 4.2 Do you want to be considered for the Information Technology (IT) category and have you inputted cost data for all items in the IT market basket? 4.3 Do you want to be considered for the Maintenance, Repair, and Operations (MRO) category and have you inputted cost data for all items in the MRO market basket? 4.4 Do you want to be considered for the Office category and have you inputted cost data for all items in the Office market basket? 08 January 202008 January 2020 Product Line Items Product Line Items 1.Education Category Market Basket #Item Name, Commodity Code, Description Allow Alternates Qty.UOM Requested Delivery P1 Cleaner, Board, Dry Erase, 8 OZ 1 EA - Each Input the cost for one Cleaner, Board, Dry Erase, 8 OZ as of January 25th, 2020. If inputting an equivalent item, note the equivalent item and how it's equivalent in the notes. P2 Tape 1 TP - Ten Pack Input the cost for a pack of Tape, Eco, Magic, 3/4" x 900", 10 PK as of January 25th, 2020. If inputting an equivalent item, note the equivalent item and how it's equivalent in the notes. P3 Crayon 1 BX - Box Input the cost for a box of Crayon, 3-5/8", Cryaola, 24/Box as of January 25th, 2020. If inputting an equivalent item, note the equivalent item and how it's equivalent in the notes. P4 Glue 1 EA - Each Input the cost for one Glue School, Elmers, 4 OZ as of January 25th, 2020. If inputting an equivalent item, note the equivalent item and how it's equivalent in the notes. P5 Eraser 1 EA - Each Input the cost for one Eraser, Magnetic, Dry Erase as of January 25th, 2020. If inputting an equivalent item, note the equivalent item and how it's equivalent in the notes. P6 Glue Stick 1 PK - Pack Input the cost for a pack of Glue Stick, Classroom, 30/PK as of January 25th, 2020. If inputting an equivalent item, note the equivalent item and how it's equivalent in the notes. P7 Calculator 1 EA - Each Input the cost for one Calculator, Graphing, TI84 Plus as of January 25th, 2020. If inputting an equivalent item, note the equivalent item and how it's equivalent in the notes. 2.Information Technology Category Market Basket #Item Name, Commodity Code, Description Allow Alternates Qty.UOM Requested Delivery P1 Wireless Mouse and Keyboard 1 EA - Each Input the cost for one Logitech MX800 Wireless Keyboard & Mouse as of January 25th, 2020. If inputting an equivalent item, note the equivalent item and how it's equivalent in the notes. P2 27 Inch Display 1 EA - Each Input the cost for one HP 27ER 27 Inch Display as of January 25th, 2020. If inputting an equivalent item, note the equivalent item and how it's equivalent in the notes. P3 Headset 1 EA - Each Input the cost for one Headset, CLRCHT, CMFRT, USB, LGTCH as of January 25th, 2020. If inputting an equivalent item, note the equivalent item and how it's equivalent in the notes. P4 Presenter 1 EA - Each Input the cost for one Presenter, Wireless, R400 as of January 25th, 2020. If inputting an equivalent item, note the equivalent item and how it's equivalent in the notes. P5 Headset 1 EA - Each Input the cost for one Headset, Ear Bud, BK as of January 25th, 2020. If inputting an equivalent item, note the equivalent item and how it's equivalent in the notes. 3.Maintenance, Repair, Operations Market Basket #Item Name, Commodity Code, Description Allow Alternates Qty.UOM Requested Delivery P1 Battery 1 PK - Pack Input the cost for a pack of Standard Battery, AA, Alkaline, 24/PK as of January 25th, 2020. If inputting an equivalent item, note the equivalent item and how it's equivalent in the notes. P2 Caulk 1 EA - Each Input the cost for one Adhesive Caulk, 5.5 OZ, White as of January 25th, 2020. If inputting an equivalent item, note the equivalent item and how it's equivalent in the notes. P3 Electrical Tape 1 EA - Each Input the cost for one Electrical Tape, 7 mil, 3/4" x 66 ft., Blk as of January 25th, 2020. If inputting an equivalent item, note the equivalent item and how it's equivalent in the notes. P4 Safety Glasses 1 EA - Each Input the cost for one Safety Glasses, Clear, Uncoated as of January 25th, 2020. If inputting an equivalent item, note the equivalent item and how it's equivalent in the notes. P5 Disposable Gloves 1 PK - Pack 08 January 202008 January 2020 Input the cost for one Disposable Gloves, Latex, L, Blue, 50/PK as of January 25th, 2020. If inputting an equivalent item, note the equivalent item and how it's equivalent in the notes. 4.Office Category Market Basket #Item Name, Commodity Code, Description Allow Alternates Qty.UOM Requested Delivery P1 Manila File Folder 1 BX - Box Input the cost for one Manila File Folder, Letter Size, 50/Box as of January 25th, 2020. If inputting an equivalent item, note the equivalent item and how it's equivalent in the notes. P2 Highlighter 1 PK - Pack Input the cost for one Highlighter, Assorted, 12/Pack as of January 25th, 2020. If inputting an equivalent item, note the equivalent item and how it's equivalent in the notes. P3 Copy Paper 1 RM - Ream Input the cost for one ream of Copy Paper, 8.5" x 11", 20LB, White as of January 25th, 2020. If inputting an equivalent item, note the equivalent item and how it's equivalent in the notes. P4 Binder Clip 1 BX - Box Input the cost for one box of Clip, Binder, Small, 12/Box as of January 25th, 2020. If inputting an equivalent item, note the equivalent item and how it's equivalent in the notes. P5 Sticky Notes 1 PK - Pack Input the cost for one pack of Note, Post-It, 1.5" X 2", Neon, 12/PK as of January 25th, 2020. If inputting an equivalent item, note the equivalent item and how it's equivalent in the notes. Service Line Items Service Line Items There are no Items added to this event. 08 January 202008 January 2020 1 ATTACHMENT A: STATE OF UTAH STANDARD TERMS AND CONDITIONS FOR GOODS AND SERVICES 1. DEFINITIONS: The following terms shall have the meanings set forth below: a) “Confidential Information” means information that is deemed as confidential under applicable state and federal laws, including personal information. The Eligible User reserves the right to identify, during and after this Contract, additional reasonable types of categories of information that must be kept confidential under federal and state laws. b) “Contract” means the Contract Signature Page(s), including all referenced attachments and documents incorporated by reference. The term “Contract” shall include any purchase orders that result from this Contract. c) “Contract Signature Page(s)” means the State of Utah cover page(s) that the Division and Contractor signed. d) “Contractor” means the individual or entity delivering the Procurement Item identified in this Contract. The term “Contractor” shall include Contractor’s agents, officers, employees, and partners. e) “Custom Deliverable” means the Work Product that Contractor is required to deliver to the Eligible User under this Contract. f) “Division” means the Division of Purchasing and General Services. g) “Eligible User(s)” means those authorized to use State Cooperative Contracts and includes the State of Utah’s government departments, institutions, agencies, political subdivisions (e.g., colleges, school districts, counties, cities, etc.), and, as applicable, nonprofit organizations, agencies of the federal government, or any other entity authorized by the laws of the State of Utah to participate in State Cooperative Contracts. h) “End User Agreement” means any agreement that Eligible Users are required to sign in order to participate in this Contract, including an end user agreement, customer agreement, memorandum of understanding, statement of work, lease agreement, service level agreement, or any other named separate agreement. i) "Procurement Item" means a supply, a service, Custom Deliverable, construction, or technology that Contractor is required to deliver to the Eligible User under this Contract. j) “Response” means the Contractor’s bid, proposals, quote, or any other document used by the Contractor to respond to the Solicitation. k) “Solicitation” means an invitation for bids, request for proposals, notice of a sole source procurement, request for statement of qualifications, request for information, or any document used to obtain bids, proposals, pricing, qualifications, or information for the purpose of entering into this Contract. l) “State of Utah” means the State of Utah, in its entirety, including its institutions, agencies, departments, divisions, authorities, instrumentalities, boards, commissions, elected or appointed officers, employees, agents, and authorized volunteers. m) “Subcontractors” means a person under contract with a contractor or another subcontractor to provide services or labor for design or construction, including a trade contractor or specialty contractor. n) “Work Product” means every invention, modification, discovery, design, development, customization, configuration, improvement, process, software program, work of authorship, documentation, formula, datum, technique, know how, secret, or intellectual property right whatsoever or any interest therein (whether patentable or not patentable or registerable under copyright or similar statutes or subject to analogous protection) that is specifically made, conceived, discovered, or reduced to practice by Contractor or Contractor’s Subcontractors (either alone or with others) pursuant to this Contract. Work Product shall be considered a work made for hire under federal, state, and local laws; and all interest and title shall be transferred to and owned by the Eligible User. Notwithstanding anything in the immediately preceding sentence to the contrary, Work Product does not include any Eligible User intellectual property, Contractor’s intellectual property (that it owned or licensed prior to this Contract) or Third Party intellectual property. 2. GOVERNING LAW AND VENUE: This Contract shall be governed by the laws, rules, and regulations of the State of Utah. Any action or proceeding arising from this Contract shall be brought in a court of competent jurisdiction in the State of Utah. Venue shall be in Salt Lake City, in the Third Judicial District Court for Salt Lake County. 3. LAWS AND REGULATIONS: At all times during this Contract, Contractor and all Procurement Items delivered and/or performed under this Contract will comply with all applicable federal and state constitutions, laws, rules, codes, orders, and regulations, including applicable licensure and certification requirements. If this Contract is funded by federal funds, either in whole or in part, then any federal regulation related to the federal funding, including CFR Appendix II to Part 200, will supersede this Attachment A. 4. RECORDS ADMINISTRATION: Contractor shall maintain or supervise the maintenance of all records necessary to properly account for Contractor’s performance and the payments made by Eligible Users to Contractor under this Contract. These records shall be retained by Contractor for at least six (6) years after final payment, or until all audits initiated within the six (6) years have been completed, whichever is later. Contractor agrees to allow, at no additional cost, State of Utah auditors, federal auditors, Eligible Users or any firm identified by the Division, access to all such records. Contractor must refund to the Division any overcharges brought to Contractor’s attention by the Division or the Division’s auditor and Contractor is not permitted to offset identified overcharges by alleged undercharges to Eligible Users. 5. PERMITS: If necessary Contractor shall procure and pay for all permits, licenses, and approvals necessary for the execution of this Contract. 6. CERTIFY REGISTRATION AND USE OF EMPLOYMENT "STATUS VERIFICATION SYSTEM”: The Status Verification System, also referred to as “E-verify”, only applies to contracts issued through a Request for Proposal process, to sole sources that are included within a Request for Proposal, and when Contractor employs any personnel in Utah. a. Contractor certifies as to its own entity, under penalty of perjury, that Contractor has registered and is participating in the Status Verification System to verify the work eligibility status of Contractor’s new employees that are employed in the State of Utah in accordance with applicable immigration laws. 2 b. Contractor shall require that each of its Subcontractors certify by affidavit, as to their own entity, under penalty of perjury, that each Subcontractor has registered and is participating in the Status Verification System to verify the work eligibility status of Subcontractor’s new employees that are employed in the State of Utah in accordance with applicable immigration laws. c. Contractor’s failure to comply with this section will be considered a material breach of this Contract. 7. CONFLICT OF INTEREST: Contractor represents that none of its officers or employees are officers or employees of the Division or the State of Utah, unless disclosure has been made to the Division. 8. INDEPENDENT CONTRACTOR: Contractor and Subcontractors, in the performance of this Contract, shall act in an independent capacity and not as officers or employees or agents of the Division or the State of Utah. 9. CONTRACTOR RESPONSIBILITY: Contractor is solely responsible for fulfilling the contract, with responsibility for all Procurement Items delivered and/or performed as stated in this Contract. Contractor shall be the sole point of contact regarding all contractual matters. Contractor must incorporate Contractor’s responsibilities under this Contract into every subcontract with its Subcontractors that will provide the Procurement Item(s) to the Eligible Users under this Contract. Moreover, Contractor is responsible for its Subcontractors compliance under this Contract. 10. INDEMNITY: Contractor shall be fully liable for the actions of its agents, employees, officers, partners, and Subcontractors, and shall fully indemnify, defend, and save harmless the Division, the Eligible Users and the State of Utah from all claims, losses, suits, actions, damages, and costs of every name and description arising out of Contractor’s performance of this Contract to the extent caused by any intentional wrongful act or negligence of Contractor, its agents, employees, officers, partners, or Subcontractors, without limitation; provided, however, that the Contractor shall not indemnify for that portion of any claim, loss, or damage arising hereunder due to the sole fault of an Eligible User. The parties agree that if there are any limitations of the Contractor’s liability, including a limitation of liability clause for anyone for whom the Contractor is responsible, such limitations of liability will not apply to injuries to persons, including death, or to damages to property. 11. EMPLOYMENT PRACTICES: Contractor agrees to abide by the following federal and state employment laws, including: (i) Title VI and VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e), which prohibits discrimination against any employee or applicant for employment or any applicant or recipient of services on the basis of race, religion, color, or national origin; (ii) Executive Order No. 11246, as amended, which prohibits discrimination on the basis of sex; (iii) 45 CFR 90, which prohibits discrimination on the basis of age; (iv) Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990, which prohibits discrimination on the basis of disabilities; and (v) Utah's Executive Order 2019-1, dated February 5, 2019, which prohibits unlawful harassment in the workplace. Contractor further agrees to abide by any other laws, regulations, or orders that prohibit the discrimination of any kind by any of Contractor’s employees. Contractor agrees to abide by any other laws, regulations, or orders that prohibit the discrimination of any kind by any of Contractor’s employees. 12. AMENDMENTS: This Contract may only be amended by the mutual written agreement of the parties, provided that the amendment is within the Scope of Work of this Contract and is within the scope/purpose of the original solicitation for which this Contract was derived. The amendment will be attached and made part of this Contract. Automatic renewals will not apply to this Contract, even if listed elsewhere in this Contract. 13. DEBARMENT: Contractor certifies that it is not presently nor has ever been debarred, suspended, proposed for debarment, or declared ineligible by any governmental department or agency, whether international, national, state, or local. Contractor must notify the Division within thirty (30) days if debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any contract by any governmental entity during this Contract. 14. TERMINATION: This Contract may be terminated, with cause by either party, in advance of the specified expiration date, upon written notice given by the other party. The party in violation will be given ten (10) days after written notification to correct and cease the violations, after which this Contract may be terminated for cause immediately and subject to the remedies below. This Contract may also be terminated without cause (for convenience), in advance of the specified expiration date, by the Division, upon thirty (30) days written termination notice being given to the Contractor. The Division and the Contractor may terminate this Contract, in whole or in part, at any time, by mutual agreement in writing. On termination of this Contract, all accounts and payments will be processed according to the financial arrangements set forth herein for approved and conforming Procurement Items ordered prior to date of termination. In no event shall the Eligible Users be liable to the Contractor for compensation for any Procurement Item neither requested nor accepted by an Eligible User. In no event shall the Division’s exercise of its right to terminate this Contract for convenience relieve the Contractor of any liability to the Eligible Users for any damages or claims arising under this Contract. 15. NONAPPROPRIATION OF FUNDS, REDUCTION OF FUNDS, OR CHANGES IN LAW: Upon thirty (30) days written notice delivered to the Contractor, a purchase order that results from this Contract may be terminated in whole or in part at the sole discretion of an Eligible User, if an Eligible User reasonably determines that: (i) a change in Federal or State legislation or applicable laws materially affects the ability of either party to perform under the terms of this Contract; or (ii) that a change in available funds affects an Eligible User’s ability to pay under this Contract. A change of available funds as used in this paragraph includes, but is not limited to a change in Federal or State funding, whether as a result of a legislative act or by order of the President or the Governor. If a written notice is delivered under this section, an Eligible User will reimburse Contractor for the Procurement Item(s) properly ordered and/or properly performed until the effective date of said notice. An Eligible User will not be liable for any performance, commitments, penalties, or liquidated damages that accrue after the effective date of said written notice. 16. SALES TAX EXEMPTION: The Procurement Item(s) under this Contract will be paid for from an Eligible User’s funds and used in the exercise of an Eligible Users essential functions. Upon request, an Eligible User will provide Contractor with its sales tax exemption number. It is Contractor’s responsibility to request an Eligible User’s sales tax exemption number. It also 3 is Contractor’s sole responsibility to ascertain whether any tax deduction or benefits apply to any aspect of this Contract. 17. WARRANTY OF PROCUREMENT ITEM(S): Contractor warrants, represents and conveys full ownership and clear title, free of all liens and encumbrances, to the Procurement Item(s) delivered to an Eligible User under this Contract. Contractor warrants for a period of one (1) year that: (i) the Procurement Item(s) perform according to all specific claims that Contractor made in its Response; (ii) the Procurement Item(s) are suitable for the ordinary purposes for which such Procurement Item(s) are used; (iii) the Procurement Item(s) are suitable for any special purposes identified in the Contractor’s Response; (iv) the Procurement Item(s) are designed and manufactured in a commercially reasonable manner; (v) the Procurement Item(s) are manufactured and in all other respects create no harm to persons or property; and (vi) the Procurement Item(s) are free of defects. Unless otherwise specified, all Procurement Item(s) provided shall be new and unused of the latest model or design. Remedies available to an Eligible User under this section include, but are not limited to, the following: Contractor will repair or replace Procurement Item(s) at no charge to the Eligible User within ten (10) days of any written notification informing Contractor of the Procurement Items not performing as required under this Contract. If the repaired and/or replaced Procurement Item(s) prove to be inadequate, or fail its essential purpose, Contractor will refund the full amount of any payments that have been made. Nothing in this warranty will be construed to limit any rights or remedies an Eligible User may otherwise have under this Contract. 18. CONTRACTOR’S INSURANCE RESPONSIBILITY. The Contractor shall maintain the following insurance coverage: a. Workers’ compensation insurance during the term of this Contract for all its employees and any Subcontractor employees related to this Contract. Workers’ compensation insurance shall cover full liability under the workers’ compensation laws of the jurisdiction in which the work is performed at the statutory limits required by said jurisdiction. b. Commercial general liability [CGL] insurance from an insurance company authorized to do business in the State of Utah. The limits of the CGL insurance policy will be no less than one million dollars ($1,000,000.00) per person per occurrence and three million dollars ($3,000,000.00) aggregate. c. Commercial automobile liability [CAL] insurance from an insurance company authorized to do business in the State of Utah. The CAL insurance policy must cover bodily injury and property damage liability and be applicable to all vehicles used in your performance of Services under this Agreement whether owned, non-owned, leased, or hired. The minimum liability limit must be $1 million per occurrence, combined single limit. The CAL insurance policy is required if Contractor will use a vehicle in the performance of this Contract. d. Other insurance policies required in the Solicitation. Certificate of Insurance, showing up-to-date coverage, shall be on file with the State before the Contract may commence. The State reserves the right to require higher or lower insurance limits where warranted. Failure to provide proof of insurance as required will be deemed a material breach of this Contract. Contractor’s failure to maintain this insurance requirement for the term of this Contract will be grounds for immediate termination of this Contract. 19. RESERVED. 20. PUBLIC INFORMATION: Contractor agrees that this Contract, related purchase orders, related pricing documents, and invoices will be public documents and may be available for public and private distribution in accordance with the State of Utah’s Government Records Access and Management Act (GRAMA). Contractor gives the Division, the Eligible Users, and the State of Utah express permission to make copies of this Contract, related sales orders, related pricing documents, and invoices in accordance with GRAMA. Except for sections identified in writing by Contractor and expressly approved by the Division, Contractor also agrees that the Contractor’s Response will be a public document, and copies may be given to the public as permitted under GRAMA. The Division, the Eligible Users, and the State of Utah are not obligated to inform Contractor of any GRAMA requests for disclosure of this Contract, related purchase orders, related pricing documents, or invoices. 21. DELIVERY: All deliveries under this Contract will be F.O.B. destination with all transportation and handling charges paid for by Contractor. Responsibility and liability for loss or damage will remain with Contractor until final inspection and acceptance when responsibility will pass to an Eligible User, except as to latent defects or fraud. Contractor shall strictly adhere to the delivery and completion schedules specified in this Contract. 22. ACCEPTANCE AND REJECTION: An Eligible User shall have thirty (30) days after delivery of the Procurement Item(s) to perform an inspection of the Procurement Item(s) to determine whether the Procurement Item(s) conform to the standards specified in the Solicitation and this Contract prior to acceptance of the Procurement Item(s) by the Eligible User. If Contractor delivers nonconforming Procurement Item(s), an Eligible User may, at its option and at Contractor’s expense: (i) return the Procurement Item(s) for a full refund; (ii) require Contractor to promptly correct or replace the nonconforming Procurement Item(s); or (iii) obtain replacement Procurement Item(s) from another source, subject to Contractor being responsible for any cover costs. Contractor shall not redeliver corrected or rejected Procurement Item(s) without: first, disclosing the former rejection or requirement for correction; and second, obtaining written consent of the Eligible User to redeliver the corrected Procurement Item(s). Repair, replacement, and other correction and redelivery shall be subject to the terms of this Contract. 23. INVOICING: Contractor will submit invoices within thirty (30) days after the delivery date of the Procurement Item(s) to the Eligible User. The contract number shall be listed on all invoices, freight tickets, and correspondence relating to this Contract. The prices paid by the Eligible User will be those prices listed in this Contract, unless Contractor offers a discount at the time 4 of the invoice. It is Contractor’s obligation to provide correct and accurate invoicing. The Eligible User has the right to adjust or return any invoice reflecting incorrect pricing. 24. PAYMENT: Payments are to be made within thirty (30) days after a correct invoice is received. All payments to Contractor will be remitted by mail, electronic funds transfer, or the State of Utah’s Purchasing Card (major credit card). If payment has not been made after sixty (60) days from the date a correct invoice is received by an Eligible User, then interest may be added by Contractor as prescribed in the Utah Prompt Payment Act. The acceptance by Contractor of final payment, without a written protest filed with the Eligible User within ten (10) business days of receipt of final payment, shall release the Eligible User from all claims and all liability to the Contractor. An Eligible User’s payment for the Procurement Item(s) and/or Services shall not be deemed an acceptance of the Procurement Item(s) and is without prejudice to any and all claims that the Eligible User may have against Contractor. Contractor shall not charge Eligible Users electronic payment fees of any kind. 25. INDEMNIFICATION RELATING TO INTELLECTUAL PROPERTY: Contractor will indemnify and hold the Division, the Eligible Users, and the State of Utah harmless from and against any and all damages, expenses (including reasonable attorneys' fees), claims, judgments, liabilities, and costs in any action or claim brought against the Division, the Eligible User, or the State of Utah for infringement of a third party’s copyright, trademark, trade secret, or other proprietary right. The parties agree that if there are any limitations of Contractor’s liability, such limitations of liability will not apply to this section. 26. OWNERSHIP IN INTELLECTUAL PROPERTY: The Division, the Eligible User, and Contractor each recognizes that each has no right, title, or interest, proprietary or otherwise, in the intellectual property owned or licensed by the other, unless otherwise agreed upon by the parties in writing. All Procurement Item(s), documents, records, programs, data, articles, memoranda, and other materials not developed or licensed by Contractor prior to the execution of this Contract, but specifically manufactured under this Contract shall be considered work made for hire, and Contractor shall transfer any ownership claim to the Eligible User. 27. OWNERSHIP IN CUSTOM DELIVERABLES: In the event that Contractor provides Custom Deliverables to the Eligible User, pursuant to this Contract, Contractor grants the ownership in Custom Deliverables, which have been developed and delivered by Contractor exclusively for the Eligible User and are specifically within the framework of fulfilling Contractor’s contractual obligations under this contract. Custom Deliverables shall be deemed work made for hire, such that all intellectual property rights, title and interest in the Custom Deliverables shall pass to the Eligible User, to the extent that the Custom Deliverables are not recognized as work made for hire, Contractor hereby assigns to the Eligible User any and all copyrights in and to the Custom Deliverables, subject to the following: 1. Contractor has received payment for the Custom Deliverables, 2. Each party will retain all rights to patents, utility models, mask works, copyrights, trademarks, trade secrets, and any other form of protection afforded by law to inventions, models, designs, technical information, and applications (“Intellectual Property Rights”) that it owned or controlled prior to the effective date of this contract or that it develops or acquires from activities independent of the services performed under this contract (“Background IP”), and 3. Contractor will retain all right, title, and interest in and to all Intellectual Property Rights in or related to the services, or tangible components thereof, including but not limited to (a) all know-how, intellectual property, methodologies, processes, technologies, algorithms, software, or development tools used in performing the Services (collectively, the “Utilities”), and (b) such ideas, concepts, know-how, processes and reusable reports, designs, charts, plans, specifications, documentation, forms, templates, or output which are supplied or otherwise used by or on behalf of Contractor in the course of performing the Services or creating the Custom Deliverables, other than portions that specifically incorporate proprietary or Confidential Information or Custom Deliverables of the Eligible User (collectively, the “Residual IP”), even if embedded in the Custom Deliverables. 4. Custom Deliverables, not including Contractor’s Intellectual Property Rights, Background IP, and Residual IP, may not be marketed or distributed without written approval by the Eligible User. Contractor agrees to grant to the Eligible User a perpetual, irrevocable, royalty-free license to use Contractor’s Background IP, Utilities, and Residual IP, as defined above, solely for the Eligible User and the State of Utah to use the Custom Deliverables. The Eligible User reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use, for the Eligible User’s and the State of Utah’s internal purposes, such Custom Deliverables. For the Goods delivered that consist of Contractor’s scripts and code and are not considered Custom Deliverables or Work Product, for any reason whatsoever, Contractor grants the Eligible User a non-exclusive, non- transferable, irrevocable, perpetual right to use, copy, and create derivative works from such, without the right to sublicense, for the Eligible User’s and the State of Utah’s internal business operation under this Contract. The Eligible User and the State of Utah may not participate in the transfer or sale of, create derivative works from, or in any way exploit Contractor’s Intellectual Property Rights, in whole or in part. 28. ASSIGNMENT: Contractor may not assign, sell, transfer, subcontract or sublet rights, or delegate any right or obligation under this Contract, in whole or in part, without the prior written approval of the Division. 29. REMEDIES: Any of the following events will constitute cause for an Eligible User to declare Contractor in default of this Contract: (i) Contractor’s non-performance of its contractual requirements and obligations under this Contract; or (ii) Contractor’s material breach of any term or condition of this Contract. An Eligible User may issue a written notice of default providing a ten (10) day period in which Contractor will have an opportunity to cure. Time allowed for cure will not diminish or eliminate Contractor's liability for damages. If the default remains after Contractor has been provided the opportunity to cure, an Eligible User may do one or more of the following: (i) exercise any remedy provided by law or equity; (ii) terminate this Contract; (iii) impose liquidated damages, if liquidated damages are listed in this Contract; (iv) debar/suspend Contractor from receiving future contracts from the Division; or (v) demand a full refund of any payment that the Eligible User has made to Contractor under this Contract for Procurement Item(s) that do not conform to this Contract. 5 30. FORCE MAJEURE: Neither an Eligible User nor Contractor will be held responsible for delay or default caused by fire, riot, act of God, and/or war which is beyond that party's reasonable control. An Eligible User may terminate a purchase order resulting from this Contract after determining such delay will prevent Contractor’s successful performance of this Contract. 31. CONFIDENTIALITY: If Confidential Information is disclosed to Contractor, Contractor shall: (i) advise its agents, officers, employees, partners, and Subcontractors of the obligations set forth in this Contract; (ii) keep all Confidential Information strictly confidential; and (iii) not disclose any Confidential Information received by it to any third parties. Contractor will promptly notify an Eligible User of any potential or actual misuse or misappropriation of Confidential Information. Contractor shall be responsible for any breach of this duty of confidentiality, including any required remedies and/or notifications under applicable law. Contractor shall indemnify, hold harmless, and defend the Eligible User, including anyone for whom the Eligible User is liable, from claims related to a breach of this duty of confidentiality, including any notification requirements, by Contractor or anyone for whom the Contractor is liable. Upon termination or expiration of this Contract, Contractor will return all copies of Confidential Information to the Eligible User or certify, in writing, that the Confidential Information has been destroyed. This duty of confidentiality shall be ongoing and survive the termination or expiration of this Contract. 32. LARGE VOLUME DISCOUNT PRICING: Eligible Users may seek to obtain additional volume discount pricing for large orders provided Contractor is willing to offer additional discounts for large volume orders. No amendment to this Contract is necessary for Contractor to offer discount pricing to an Eligible User for large volume purchases. 33. ELIGIBLE USER PARTICIPATION: Participation under this Contract by Eligible Users is voluntarily determined by each Eligible User. Contractor agrees to supply each Eligible User with Procurement Items based upon the same terms, conditions, and prices of this Contract. 34. INDIVIDUAL CUSTOMERS: Each Eligible User that purchases Procurement Items from this Contract will be treated as individual customers. Each Eligible User will be responsible to follow the terms and conditions of this Contract. Contractor agrees that each Eligible User will be responsible for their own charges, fees, and liabilities. Contractor shall apply the charges to each Eligible User individually. The Division is not responsible for any unpaid invoice. 35. REPORTS AND FEES: a. Administrative Fee: Contractor agrees to provide a quarterly administrative fee to the State in the form of a check,EFT or online payment through the Division’s Automated Vendor Usage Management System. Checks will be payable to the “State of Utah Division of Purchasing” and will be sent to State of Utah, Division of Purchasing, 3150 State Office Building, Capitol Hill, PO Box 141061, Salt Lake City, UT 84114. The Administrative Fee will be the amount listed in the Solicitation and will apply to all purchases (net of any returns, credits, or adjustments) made under this Contract. b. Quarterly Reports: Contractor agrees to provide a quarterly utilization report, reflecting net sales to the State during the associated fee period. The report will show the dollar volume of purchases by each Eligible User. The quarterly report will be provided in secure electronic format through the Division’s Automated Vendor Usage Management System found at: https://statecontracts.utah.gov/Vendor.. c. Report Schedule: Quarterly utilization reports shall be made in accordance with the following schedule: Period End Reports Due March 31 April 30 June 30 July 31 September 30 October 31 December 31 January 31 d. Fee Payment: After the Division receives the quarterly utilization report, it will send Contractor an invoice for the total quarterly administrative fee owed to the Division. Contractor shall pay the quarterly administrative fee within thirty (30) days from receipt of invoice. e. Timely Reports and Fees: If the quarterly administrative fee is not paid by thirty (30) days of receipt of invoice or quarterly utilization reports are not received by the report due date, then Contractor will be in material breach of this Contract. 36. ORDERING: Orders will be placed by the using Eligible User directly with Contractor. All orders will be shipped promptly in accordance with the terms of this Contract. 37. END USER AGREEMENTS: If Eligible Users are required by Contractor to sign an End User Agreement before participating in this Contract, then a copy of the End User Agreement must be attached to this Contract as an attachment. The term of the End User Agreement shall not exceed the term of this Contract, and the End User Agreement will automatically terminate upon the completion of termination of this Contract. An End User Agreement must reference this Contract, and may not be amended or changed unless approved in writing by the Division. Eligible Users will not be responsible or obligated for any early termination fees if the End User Agreement terminates as a result of completion or termination of this Contract. 38. PUBLICITY: Contractor shall submit to the Division for written approval all advertising and publicity matters relating to this Contract. It is within the Division’s sole discretion whether to provide approval, which approval must be in writing. 39. WORK ON STATE OF UTAH OR ELIGIBLE USER PREMISES: Contractor shall ensure that personnel working on the premises of an Eligible User shall: (i) abide by all of the rules, regulations, and policies of the premises; (ii) remain in authorized 6 areas; (iii) follow all instructions; and (iv) be subject to a background check, prior to entering the premises. The Eligible User may remove any individual for a violation hereunder. 40. CONTRACT INFORMATION: During the duration of this Contract the State of Utah Division of Purchasing is required to make available contact information of Contractor to the State of Utah Department of Workforce Services. The State of Utah Department of Workforce Services may contact Contractor during the duration of this Contract to inquire about Contractor’s job vacancies within the State of Utah. 41. WAIVER: A waiver of any right, power, or privilege shall not be construed as a waiver of any subsequent right, power, or privilege. 42. SUSPENSION OF WORK: Should circumstances arise which would cause an Eligible User to suspend Contractor’s responsibilities under this Contract, but not terminate this Contract, this will be done by formal written notice pursuant to the terms of this Contract. Contractor’s responsibilities may be reinstated upon advance formal written notice from the Eligible User. 43. PROCUREMENT ETHICS: Contractor understands that a person who is interested in any way in the sale of any supplies, services, construction, or insurance to the State of Utah is violating the law if the person gives or offers to give any compensation, gratuity, contribution, loan, reward, or any promise thereof to any person acting as a procurement officer on behalf of the State of Utah, or to any person in any official capacity who participates in the procurement of such supplies, services, construction, or insurance, whether it is given for their own use or for the use or benefit of any other person or organization. 44. CHANGES IN SCOPE: Any changes in the scope of the services to be performed under this Contract shall be in the form of a written amendment to this Contract, mutually agreed to and signed by both parties, specifying any such changes, fee adjustments, any adjustment in time of performance, or any other significant factors arising from the changes in the scope of services. 45. ATTORNEY’S FEES: In the event of any judicial action to enforce rights under this Contract, the prevailing party shall be entitled its costs and expenses, including reasonable attorney’s fees incurred in connection with such action. 46. TRAVEL COSTS: If travel expenses are permitted by the Solicitation All travel costs associated with the delivery of Services under this Contract will be paid according to the rules and per diem rates found in the Utah Administrative Code R25-7. Invoices containing travel costs outside of these rates will be returned to the vendor for correction. 47. PERFORMANCE EVALUATION: The Division may conduct a performance evaluation of Contractor, including Contractor’s Subcontractors. Results of any evaluation may be made available to Contractor upon request. 48. STANDARD OF CARE: The services performed by Contractor and its Subcontractors shall be performed in accordance with the standard of care exercised by licensed members of their respective professions having substantial experience providing similar services which similarities include the type, magnitude, and complexity of the services that are the subject of this Contract. Contractor shall be liable to the Eligible User for claims, liabilities, additional burdens, penalties, damages, or third party claims (e.g., another Contractor’s claim against the State of Utah), to the extent caused by wrongful acts, errors, or omissions that do not meet this standard of care. 49. REVIEWS: The Division reserves the right to perform plan checks, plan reviews, other reviews, and/or comment upon the services of Contractor. Such reviews do not waive the requirement of Contractor to meet all of the terms and conditions of this Contract. 50. DISPUTE RESOLUTION: Prior to either party filing a judicial proceeding, the parties agree to participate in the mediation of any dispute. The Division or an Eligible User, after consultation with Contractor, may appoint an expert or panel of experts to assist in the resolution of a dispute. If the Division or an Eligible User appoints such an expert or panel, the Division or the Eligible User and Contractor agree to cooperate in good faith in providing information and documents to the expert or panel in an effort to resolve the dispute. 51. ORDER OF PRECEDENCE: In the event of any conflict in the terms and conditions in this Contract, the order of precedence shall be: (i) this Attachment A; (ii) Contract Signature Page(s); (iii) the State of Utah’s additional terms and conditions, if any; (iv) any other attachment listed on the Contract Signature Page(s); and (v) Contractor’s terms and conditions that are attached to this Contract, if any. Any provision attempting to limit the liability of Contractor or limit the rights of an Eligible User, the Division, or the State of Utah must be in writing and attached to this Contract or it is rendered null and void. 52. SURVIVAL OF TERMS: Termination or expiration of this Contract shall not extinguish or prejudice Eligible Users’ right to enforce this Contract with respect to any default of this Contract or defect in the Procurement Item(s) that has not been cured, or of any of the following clauses, including: Governing Law and Venue, Laws and Regulations, Records Administration, Remedies, Dispute Resolution, Indemnity, Newly Manufactured, Indemnification Relating to Intellectual Property, Warranty of Procurement Item(s), Insurance. 53. SEVERABILITY: The invalidity or unenforceability of any provision, term, or condition of this Contract shall not affect the validity or enforceability of any other provision, term, or condition of this Contract, which shall remain in full force and effect. 54. ERRORS AND OMISSIONS: Contractor shall not take advantage of any errors and/or omissions in this Contract. The Contractor must promptly notify the Division of any errors and/or omissions that are discovered. 55. ENTIRE AGREEMENT: This Contract constitutes the entire agreement between the parties and supersedes any and all other prior and contemporaneous agreements and understandings between the parties, whether oral or written. (Revision Date: 12 December 2019) DESCRIPTION OF SUBMITTAL PROCESS AND EVALUATION PROCESS Submittal Process To ensure that a proposal is complete and addresses all key RFP issues, proposals must adhere to the following format. Proposals shall be organized into the following sections, in the order listed, and inclusive of all requested information: a) Key Personnel – Using Attachment B, complete the Key Personnel Proposal Form. The Offerors shall provide the name of the Primary Project Lead (the personnel must be the person who will be interviewed if shortlisted) that the Offerors propose to provide services pursuant to a resultant contract. b) Price Proposal Form – Using Attachment C, complete the Price Proposal Form. The price proposal form must provide the cost proposal as outlined in the RFP. The total price does NOT include value add-ons. c) Project Capability (PC) Submittal - The Project Capability Submittal has three components; Level of Expertise Plan (LE), Risk Assessment Plan (RA), and Value-Added Plan (VA). See Attachments D, D1, D2 and D3. i. Purpose of PC Submittal (i) Assist Division in prioritizing Offerors submittals based on their expertise and ability to understand and deliver the deliverables for the project. (ii) Provide high performing Offerors the opportunity to differentiate themselves from their competitors due to their experience and expertise by using verifiable performance metrics and previous performance results. ii. PC Submittal Format Requirements (i) PC submittal must NOT contain any names that can be used to identify who the Offerors are (such as firm names, personnel names, Project names, or product names). (ii) A PC proposal template is included in this RFP. This document must be used by all Offerors. Offerors are NOT allowed to re-create, re-format, or modify the template in any manner. Offerors must type their responses on the Word template provided. (iii) Failure to comply with any of the PC format requirements may result in disqualification. (iv) The PC submittal shall not contain any marketing information. The submittal should be used to prove to the State that the Offeror has expertise for the specific project being proposed on. iii. Overview of the Level of Expertise Plan - The Level of Expertise Plan is to allow Offerors to differentiate themselves based on their technical capability and understanding of the State’s specific needs. Offerors should identify high performance claims based on their expertise and experience supported by verifiable performance metrics that show the capability to this specific project environment and requirement. All cost associated with technical capabilities listed in the LE plan must be included in the price proposal form. (See Attachments C and D1). iv. Overview of the Risk Assessment Plan - Offerors should list and prioritize major risk items that are caused by other stakeholders on this project that could cause the Offeror’s “vision” or “plan” to deviate or not meet the expectations of the client (i.e., risks that the Offeror does not control). This includes sources, causes or actions that are beyond the scope of the contract that may cause cost increases, delays, change orders, or dissatisfaction to the State. Do not include in this submittal any risks caused by a lack of the Offeror’s technical competency. The risks should be described in simple and clear terms so that non-technical personnel can understand the risk. Offerors must also explain how they will mitigate, manage, and/or minimize the risk. The supporting performance information can include how many times the risk was previously mitigated, and the impact on the performance on the project in terms of customer satisfaction (see Attachment D2). v. Overview of the Value-Added Section - The purpose of the Value-Added Plan is to provide Offerors with an opportunity to identify any value-added options or ideas that may benefit the State. These options or ideas may also be referred to as additional or optional services. Where applicable, the Offeror should identify: 1) what the State may have excluded or omitted from its scope; and 2) how these options or ideas have been successful through verifiable performance information of previous projects. The Offeror should list the cost and time impact of its options or ideas. The ideas identified in the Value-Added Plan must NOT be included in the Offeror’s Price Proposal Form. (See Attachment C and D3). d) Interviews - The Offerors will be required to participate in a 30-minute interview. The State selection committee will interview only the Offeror’s project lead. Interviews may be held either in person or via an electronic method (by telephone, Google Hangouts, etc.) e) Clarification Phase - The potential best-value Offerors will be required to perform the Clarification Phase functions outlined in Attachment E. The intent of this period is to allow the Offerors an opportunity to clarify their proposal, address any issues or risks, allow The State to add any concerns, and to prepare a Clarification Phase document. If the State cannot come to an agreement with the potential best-value Offeror then the State may move onto the next best-value Offeror. Award After the evaluation and final scoring of proposals is completed, the State shall award the contract as soon as practicable (subject to the requirements of Utah Code Section 63G-6a-708) to the eligible responsive and responsible Offeror, subject to Utah Code Section 63G-6a-709(2), provided the RFP is not canceled in accordance with Utah Code Section 63G-6a-709(2)(b). The State will notify each Offeror of the State’s selection in writing. a. The State reserves the right to reject any or all proposals and to award to more than one Offeror and to other than the lowest-priced Offeror. The decision of the RFP award(s) by the State is final. b. The State at its sole discretion may decide to take no procurement action as a result of the RFP and/or may re-issue all or portions of the RFP. c. The State reserves the right to accept or reject without consideration proposals that do not address the full requirements of the RFP or that do not reach the designated address and contact before the proposal due date and time identified. The final award(s) is dependent upon the Offeror’s Scope of Work (SOW) being acceptable to the State. Proposal responses and contents provided by the Offeror will be considered contractual obligations. Any existing agreements with the selected Offeror are construed as representative of minimum terms and conditions between the State and the Offeror. Any new or unique requirements as a result of the RFP response can be added or amended, at the State’s sole option, to the existing agreements. It should be understood that obligations of confidentiality will be an important condition of any resulting contractual arrangement. The selected Offeror and all employees performing duties on this project will be required to keep all aspects of this project in confidence. The awarded Offeror’s performance will be tracked through the Weekly Risk Report System (See Attachment F). ATTACHMENT B – KEY PERSONNEL PROPOSAL FORM Project Lead: Click or tap here to enter text. ATTACHMENT C – PRICE PROPOSAL FORM The total cost for your proposed project* is $Click or tap here to enter text. *Do not include costs associated with Attachment D(2) – Risk Assessment Plan or Attachment D(3) Value Added Plan. ATTACHMENT D – PROJECT CAPABILITY SUBMITTAL CHECKLIST AND FORMAT The Offeror must complete and submit this checklist along with the Project Capability (PC) Submittal. This PC Submittal Checklist is not counted in the 6-page PC Submittal limit. Failing to answer or answering “No” to any of the questions below may result in disqualification. Offerors may delete the example on attachments D1, D2, and D3 in order to meet the 2 page maximum requirement. The templates in attachments D1, D2, and D3 MUST be used. Do NOT include any identifying information in the attachment D1, D2, and D3. Information listed under the “Documented Performance” line in attachment D1, D2, and D3 may describe where the Offeror has used the approach or solution previously, and what the results were in terms of verifiable metrics. Offerors may delete the example and this paragraph when completing this document. Example of response to Attachment D1, D2, and D3 can be found in the Examples Template found in the Buyer Attachment Section of this solicitation. 1. Is your PC Submittal (attachments D1, D2, & D3) a total of 6 pages or less (2 pages maximum per document)? ☐ Yes ☐ No 2. Do you understand that your PC Submittal will NOT contain your firm’s name, specific names of past projects, or information that may be used to identify who your firm is, including employees’ names? ☐ Yes ☐ No 3. Do you understand that you have to use the PC Submittal templates provided in this RFP and that you are NOT allowed to re-create the PC Submittal Templates (cannot alter font size, add colors, add pictures, etc.) or handwrite your responses? ☐ Yes ☐ No 4. Do you understand that your Proposal may be disqualified if you fail to meet any of the above requirements? ☐ Yes ☐ No ATTACHMENT D (1) – LEVEL OF EXPERTISE (LE) Demonstration The Level of Expertise Demonstration should demonstrate the Offeror’s capability to meet the project’s requirements through examples of Offeror’s past performance. The expertise demonstration examples should be prioritized (list the most important examples first) and should demonstrate Offeror’s success on similar projects. The Offeror may add or delete Risk table templates, but do not exceed the 2-page limit for this section. Level of Expertise #1 Example: Click or tap here to enter text. Documented Performance: Click or tap here to enter text. Level of Expertise #2 Example: Click or tap here to enter text. Documented Performance: Click or tap here to enter text. Level of Expertise #3 Example: Click or tap here to enter text. Documented Performance: Click or tap here to enter text. Level of Expertise #4 Example: Click or tap here to enter text. Documented Performance: Click or tap here to enter text. Level of Expertise #5 Example: Click or tap here to enter text. Documented Performance: Click or tap here to enter text. ATTACHMENT D (2) – RISK ASSESSMENT (RA) PLAN The Risk Assessment Plan should address the possible risks that the Offeror does NOT control when taking on this project. The descriptions should demonstrate the risks Offeror has encountered in similar projects, the solution to that risk, and the Offeror’s documented performance with its solution including effects on the overall budget and timelines of the project. The risks should be prioritized (list the greatest risks first). The Offeror may add or delete Risk table templates, but do not exceed the 2-page limit for this section. Risk #1 Description: Click or tap here to enter text. Solution: Click or tap here to enter text. Documented Performance with Solution to Risk #1: Click or tap here to enter text. Risk #2 Description: Click or tap here to enter text. Solution: Click or tap here to enter text. Documented Performance with Solution to Risk #2: Click or tap here to enter text. Risk #3 Description: Click or tap here to enter text. Solution: Click or tap here to enter text. Documented Performance with Solution to Risk #3: Click or tap here to enter text. Risk #4 Description: Click or tap here to enter text. Solution: Click or tap here to enter text. Documented Performance with Solution to Risk #4: Click or tap here to enter text. Risk #5 Description: Click or tap here to enter text. Solution: Click or tap here to enter text. Documented Performance with Solution to Risk #5: Click or tap here to enter text. ATTACHMENT D (3) – VALUE ADDED (VA) ITEMS The Value-Added Items should identify any value-added options or ideas that may benefit the project. The value-added items should be prioritized (identify the most important claims first) and should provide examples of value added options that Offeror has implemented in other similar projects and the documented performance of each value-added item. The Offeror may add or delete Value Added Claim table templates, but do not exceed the 2-page limit for this section. Value Added Item #1: Click or tap here to enter text. How will this add value? Click or tap here to enter text. Documented Performance: Click or tap here to enter text. Cost Impact (%): Click to enter text. Schedule Impact (%): Click to enter text. Value Added Item #2: Click or tap here to enter text. How will this add value? Click or tap here to enter text. Documented Performance: Click or tap here to enter text. Cost Impact (%): Click to enter text. Schedule Impact (%): Click to enter text. Value Added Item #3: Click or tap here to enter text. How will this add value? Click or tap here to enter text. Documented Performance: Click or tap here to enter text. Cost Impact (%): Click to enter text. Schedule Impact (%): Click to enter text. Value Added Item #4: Click or tap here to enter text. How will this add value? Click or tap here to enter text. Documented Performance: Click or tap here to enter text. Cost Impact (%): Click to enter text. Schedule Impact (%): Click to enter text. Value Added Item #5: Click or tap here to enter text. How will this add value? Click or tap here to enter text. Documented Performance: Click or tap here to enter text. Cost Impact (%): Click to enter text. Schedule Impact (%): Click to enter text. ATTACHMENT F – WEEKLY RISK REPORTING SYSTEM GUIDE Overview The Weekly Risk Reporting System (WRRS) is a companion to the Quality Control Plan that is created by the best value Offeror during the Clarification Phase. The report serves as a tool for The State in analyzing the performance of the Project based on risk. The WRRS does not substitute or eliminate weekly progress reports or any other traditional reporting systems (that the Offeror may do). The purpose of the WRRS is to allow the Offeror to document and manage all risks that occur throughout a project. Risk is defined as anything that might impact the project scope and schedule. This includes risks that are caused by the Offeror (or entities subcontracted by the Offeror), and risks that are caused by The State (scope changes, unforeseen conditions, etc.). The State’s Project Manager may also require the Offeror to document risks that may impact The State satisfaction. Submission The weekly report is an Excel file that must be submitted every week. The report is due every week once the Contract Award is issued, until the Project is 100% complete (and final payment is made). The Excel spreadsheet will be available from The State upon request. The completed report must be saved using the date and name of the Project given by The State (Format: YYMMDD_Project Name; For example, ‘HCM Project’ for the week ending Friday, Oct 7, 2018, should be labeled ’181007_HCM Project’). Weekly Reports are to be emailed by Monday. The weekly risk report consists of reporting the project performance metrics, scope changes or unforeseen events that are risks to the project in terms of scope and deviations, or The State satisfaction including any risks that could potentially develop into an issue. When a new risk is identified, it is added to the risk log, along with the following: Identification date (date the risk was identified), likelihood, impact, response plan for high risks which would include resolution due date. When a risk has become an issue, it is added to a project deviations log, along with the following: Identification date (date the issue was identified), plan to resolve issue, resolution due date, impact to critical path or schedule (in days), and impact to final price (in dollars). As risks or issues arise that warrant attention, the Offeror should not wait to submit the risk report. The Offeror must contact The State if there are any risks or potential risks identified that are or could be rated at a high level. The Offeror is also required to provide a satisfaction rating based on the identified risk or issue and their plan to mitigate the risk. The rating is based on a scale of 1-10 (10 being completely satisfied and 1 being completely dissatisfied). The Offeror may modify its satisfaction ratings at any time throughout the Project. When a risk is eliminated or and issue is resolved, the actual date of elimination or resolution must be listed. The State will analyze the reports for accuracy and timeliness. The reports will be used in part by The State to determine the overall final performance rating of the Offeror (and its team). Client Vendor Project Name Date Awarded Award Cost Duration [Total days]0 Initial Start Date: Initial Completion Date: Project Information Week #Date Notes 1 1/0/1900 0 0 #N/A #N/A 0 #N/A #N/A Week #Date Notes 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Recent Project Weekly Updates Project Weekly Update History Log 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Initial Allocated Budget ($)$0.00 Current Allocated Budget ($)$0.00 Initial Project Completion 1/0/1900 Current Project Completion 1/0/1900 0 0 #Activity % Complete Baseline Schedule Revised Schedule Dev #1 1 1 2 3 4 0 5 0 6 0 7 0 8 0 9 0 10 0 11 0 12 0 13 0 14 0 15 0 16 0 17 0 18 0 19 0 20 0 21 0 22 0 23 0 24 0 25 0 26 27 0 28 0 29 0 30 0 31 0 32 0 33 0 34 0 35 0 36 0 37 0 38 0 39 0 40 0 Project Status Milestone Schedule 1 Sr. #Date Entered Foreseen Risk Risk Items Plan to Minimize Risk Planned Resolution Date Actual Date Resolved Impact to Critical Path Impact to Cost Entity Responsible Risk Rating (1-10; 1=low, 10=high) 0 3/17/2016 Insert RMP Risk # if foreseen Subject Matter of Risk (1) Problem background - Why is this a risk for the project? (2) What will be done to minimize this? (3) Who is ressponsible for the plan? (4) What kind of impact will this have? 3/20/2016 3/25/2016 0 $ - C/V/U/O 5 1 2 3 45 6 7 8 910 11 12 13 1415 16 17 18 1920 21 22 23 2425 26 27 28 2930 31 32 33 3435 36 37 Do not use the CUT/PASTE/DELETE CELL feature!!! #Date Entered Description of Risk Plan to Minimize Plan if Risk occurs Impact to days (critical path) Impact to Cost Priority of Risk 1 2 3 4 5 6 7 8 9 10 Template No Criteria Unit Metric 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Attachment+F1+-+WRR+Template.xlsx 4/29/2020 0 Vendor Name: 1/0/00 $0.00 1/0/00 $0.00 1/0/00 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 #DIV/0!#DIV/0! #DIV/0!#DIV/0! #DIV/0!#DIV/0! #DIV/0!#DIV/0! #DIV/0!#DIV/0! $0.00 #DIV/0! 0 #DIV/0! Days Delayed Foreseen % Over Schedule Foreseen Vendor Foreseen Risk Days Delayed 0 $ Over Budget Foreseen % Over Budget Foreseen % Due to Unforeseen Days to Client % Due to Client Days to Unforeseen % Due to Client % Due to Other % Due to Other $ Over Budget $ Due to Vendor Weekly Risk Report Current Completion Date Budget Project Title:# of Deviations Pending0 Initial Allocated Budget Initial Completion Date Schedule Initial Start Date Current Estimated Budget $ Due to Client Days to Other % Due to Unforeseen Days to Vendor % Due to Vendor % Due to Vendor % Over Budget % Over Schedule $ Due to Other $ Due to Unforeseen 8 ATTACHMENT G REQUIREMENTS FOR NATIONAL COOPERATIVE CONTRACT TO BE ADMINISTERED BY OMNIA PARTNERS, PUBLIC SECTOR The following documents are used in evaluating and administering national cooperative contracts and are included for Supplier’s review and response. Exhibit A – RESPONSE FOR NATIONAL COOPERATIVE CONTRACT Exhibit B – ADMINISTRATION AGREEMENT, EXAMPLE Exhibit C – MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT, EXAMPLE Exhibit D – PRINCIPAL PROCUREMENT AGENCY CERTIFICATE, EXAMPLE Exhibit E – CONTRACT SALES REPORTING TEMPLATE Exhibit F – FEDERAL FUNDS CERTIFICATIONS Exhibit G – NEW JERSEY BUSINESS COMPLIANCE Exhibit H – ADVERTISING COMPLIANCE REQUIREMENT Requirements for National Cooperative Contract Page 2 of 55 EXHIBIT A RESPONSE FOR NATIONAL COOPERATIVE CONTRACT 1.0 Scope of National Cooperative Contract Capitalized terms not otherwise defined herein shall have the meanings given to them in the Master Agreement or in the Administration Agreement between Supplier and OMNIA Partners, Public Sector. 1.1 Requirement The State of Utah (hereinafter defined and referred to as “Principal Procurement Agency”), on behalf of itself and the National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector (“OMNIA Partners, Public Sector”), is requesting proposals for Online Marketplace. The intent of this Request for Proposal is any contract between Principal Procurement Agency and Supplier resulting from this Request for Proposal (“Master Agreement”) be made available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), through OMNIA Partners, Public Sector’s cooperative purchasing program. The Principal Procurement Agency has executed a Principal Procurement Agency Certificate with OMNIA Partners, Public Sector, an example of which is included as Exhibit D, and has agreed to pursue the Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners, Public Sector as a Participating Public Agency in OMNIA Partners, Public Sector’s cooperative purchasing program. Registration with OMNIA Partners, Public Sector as a Participating Public Agency is accomplished by Public Agencies entering into a Master Intergovernmental Cooperative Purchasing Agreement, an example of which is attached as Exhibit C, and by using the Master Agreement, any such Participating Public Agency agrees that it is registered with OMNIA Partners, Public Sector, whether pursuant to the terms of the Master Intergovernmental Purchasing Cooperative Agreement or as otherwise agreed to. The terms and pricing established in the resulting Master Agreement between the Supplier and the Principal Procurement Agency will be the same as that available to Participating Public Agencies through OMNIA Partners, Public Sector. All transactions, purchase orders, invoices, payments etc., will occur directly between the Supplier and each Participating Public Agency individually, and neither OMNIA Partners, Public Sector, any Principal Procurement Agency nor any Participating Public Agency, including their respective agents, directors, employees or representatives, shall be liable to Supplier for any acts, liabilities, damages, etc., incurred by any other Participating Public Agency. Supplier is responsible for knowing the tax laws in each state. This Exhibit A defines the expectations for qualifying Suppliers based on OMNIA Partners, Public Sector’s requirements to market the resulting Master Agreement Requirements for National Cooperative Contract Page 3 of 55 nationally to Public Agencies. Each section in this Exhibit A refers to the capabilities, requirements, obligations, and prohibitions of competing Suppliers on a national level in order to serve Participating Public Agencies through OMNIA Partners, Public Sector. These requirements are incorporated into and are considered an integral part of this RFP. OMNIA Partners, Public Sector reserves the right to determine whether or not to make the Master Agreement awarded by the Principal Procurement Agency available to Participating Public Agencies, in its sole and absolute discretion, and any party submitting a response to this RFP acknowledges that any award by the Principal Procurement Agency does not obligate OMNIA Partners, Public Sector to make the Master Agreement available to Participating Procurement Agencies. 1.2 Marketing, Sales and Administrative Support During the term of the Master Agreement OMNIA Partners, Public Sector intends to provide marketing, sales, partnership development and administrative support for Supplier pursuant to this section that directly promotes the Supplier’s products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis. OMNIA Partners will assign the Supplier a Director of Partner Development who will serve as the main point of contact for the Supplier and will be responsible for managing the overall relationship between the Supplier and OMNIA Partners. The Director of Partner Development will work with the Supplier to develop a comprehensive strategy to promote the Master Agreement and will connect the Supplier with appropriate stakeholders within OMNIA Partners including, Sales, Marketing, Contracting, Training, and Operations & Support. The OMNIA Partners, Public Sector marketing team will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through channels that may include: A. Marketing collateral (print, electronic, email, presentations) B. Website C. Trade shows/conferences/meetings D. Advertising E. Social Media The OMNIA Partners, Public Sector sales teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through initiatives that may include: A. Individual sales calls B. Joint sales calls C. Communications/customer service Requirements for National Cooperative Contract Page 4 of 55 D. Training sessions for Public Agency teams E. Training sessions for Supplier teams The OMNIA Partners, Public Sector contracting teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through: A. Serving as the subject matter expert for questions regarding joint powers authority and state statutes and regulations for cooperative purchasing B. Training sessions for Public Agency teams C. Training sessions for Supplier teams D. Regular business reviews to monitor program success E. General contract administration Suppliers are required to pay an administrative fee of 3% of the greater of the Contract Sales under the Master Agreement and Guaranteed Contract Sales under this Request for Proposal. Supplier will be required to execute the OMNIA Partners, Public Sector Administration Agreement (Exhibit B). 1.3 Estimated Volume The dollar volume purchased under the Master Agreement is estimated to be approximately $500M annually. While no minimum volume is guaranteed to Supplier, the estimated annual volume is projected based on the current annual volumes among the Principal Procurement Agency, other Participating Public Agencies that are anticipated to utilize the resulting Master Agreement to be made available to them through OMNIA Partners, Public Sector, and volume growth into other Public Agencies through a coordinated marketing approach between Supplier and OMNIA Partners, Public Sector. 1.4 Award Basis The basis of any contract award resulting from this RFP made by Principal Procurement Agency will, at OMNIA Partners, Public Sector’s option, be the basis of award on a national level through OMNIA Partners, Public Sector. If multiple Suppliers are awarded by Principal Procurement Agency under the Master Agreement, those same Suppliers will be required to extend the Master Agreement to Participating Public Agencies through OMNIA Partners, Public Sector. Utilization of the Master Agreement by Participating Public Agencies will be at the discretion of the individual Participating Public Agency. Certain terms of the Master Agreement specifically applicable to the Principal Procurement Agency (e.g. governing law) are subject to modification for each Participating Public Agency as Supplier, such Participating Public Agency and OMNIA Partners, Public Sector shall agree without being in conflict with the Master Agreement. Participating Agencies may request to enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in the Master Agreement (i.e. invoice Requirements for National Cooperative Contract Page 5 of 55 requirements, order requirements, specialized delivery, diversity requirements such as minority and woman owned businesses, historically underutilized business, governing law, etc.). It shall be the responsibility of the Supplier to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the Participating Agency. It shall further be the responsibility of the Supplier to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of the Master Agreement and adjust wage rates accordingly. Any supplemental agreement developed as a result of the Master Agreement is exclusively between the Participating Agency and the Supplier (Contract Sales are reported to OMNIA Partners, Public Sector). All purchase orders issued and accepted by the Supplier may survive expiration or termination of the Master Agreement. Participating Agencies’ purchase orders may exceed the term of the Master Agreement if the purchase order is issued prior to the expiration of the Master Agreement. Supplier is responsible for reporting all sales and paying the applicable administrative fee for sales that use the Master Agreement as the basis for the purchase order, even though Master Agreement may have expired. 1.5 Objectives of Cooperative Program This RFP is intended to achieve the following objectives regarding availability through OMNIA Partners, Public Sector’s cooperative program: A. Provide a comprehensive competitively solicited and awarded national agreement offering the Products covered by this solicitation to Participating Public Agencies; B. Establish the Master Agreement as the Supplier’s primary go to market strategy to Public Agencies nationwide; C. Achieve cost savings for Supplier and Public Agencies through a single solicitation process that will reduce the Supplier’s need to respond to multiple solicitations and Public Agencies need to conduct their own solicitation process; D. Combine the aggregate purchasing volumes of Participating Public Agencies to achieve cost effective pricing. 2.0 REPRESENTATIONS AND COVENANTS As a condition to Supplier entering into the Master Agreement, which would be available to all Public Agencies, Supplier must make certain representations, warranties and covenants to both the Principal Procurement Agency and OMNIA Partners, Public Sector designed to ensure the success of the Master Agreement for all Participating Public Agencies as well as the Supplier. 2.1 Corporate Commitment Supplier commits that (1) the Master Agreement has received all necessary corporate authorizations and support of the Supplier’s executive management, (2) the Master Agreement is Supplier's primary “go to market” strategy for Public Agencies, (3) the Master Agreement will be promoted to all Public Agencies, including any existing Requirements for National Cooperative Contract Page 6 of 55 customers, and Supplier will transition existing customers, upon their request, to the Master Agreement, and (4) that the Supplier has read and agrees to the terms and conditions of the Administration Agreement with OMNIA Partners, Public Sector and will execute such agreement concurrent with and as a condition of its execution of the Master Agreement with the Principal Procurement Agency. Supplier will identify an executive corporate sponsor and a separate national account manager within the RFP response that will be responsible for the overall management of the Master Agreement. 2.2 Pricing Commitment Supplier commits the not-to-exceed pricing provided under the Master Agreement pricing is its lowest available (net to buyer) to Public Agencies nationwide and further commits that if a Participating Public Agency is eligible for lower pricing through a national, state, regional or local or cooperative contract, the Supplier will match such lower pricing to that Participating Public Agency under the Master Agreement. 2.3 Sales Commitment Supplier commits to aggressively market the Master Agreement as its go to market strategy in this defined sector and that its sales force will be trained, engaged and committed to offering the Master Agreement to Public Agencies through OMNIA Partners, Public Sector nationwide. Supplier commits that all Master Agreement sales will be accurately and timely reported to OMNIA Partners, Public Sector in accordance with the OMNIA Partners, Public Sector Administration Agreement. Supplier also commits its sales force will be compensated, including sales incentives, for sales to Public Agencies under the Master Agreement in a consistent or better manner compared to sales to Public Agencies if the Supplier were not awarded the Master Agreement. 3.0 SUPPLIER RESPONSE Supplier must supply the following information in order for the Principal Procurement Agency to determine Supplier’s qualifications to extend the resulting Master Agreement to Participating Public Agencies through OMNIA Partners, Public Sector. 3.1 Company A. Brief history and description of Supplier. B. Total number and location of sales persons employed by Supplier. C. Number and location of support centers (if applicable) and location of corporate office. D. Annual sales for the three previous fiscal years. E. Submit FEIN and Dunn & Bradstreet report. F. Describe any green or environmental initiatives or policies. Requirements for National Cooperative Contract Page 7 of 55 G. Describe any diversity programs or partners supplier does business with and how Participating Agencies may use diverse partners through the Master Agreement. Indicate how, if at all, pricing changes when using the diversity program. H. Describe any historically underutilized business certifications supplier holds and the certifying agency. This may include business enterprises such as minority and women owned, small or disadvantaged, disable veterans, etc. I. Describe how supplier differentiates itself from its competitors. J. Describe any present or past litigation, bankruptcy or reorganization involving supplier. K. Felony Conviction Notice: Indicate if the supplier a. is a publicly held corporation and this reporting requirement is not applicable; b. is not owned or operated by anyone who has been convicted of a felony; or c. is owned or operated by and individual(s) who has been convicted of a felony and provide the names and convictions. L. Describe any debarment or suspension actions taken against supplier 3.2 Distribution, Logistics A. Describe the full line of products and services offered by supplier; pricing is only to be provided in the cost proposal. B. Provide details of any minimum order requirements, free goods program, and any other general offers or requirements (excluding information specific to price). C. In detail, describe any and all compliance and reporting methods that can be utilized by participating agencies to include available digital analytics. D. In detail, describe any and all abilities that both the supplier and the participating agency can restrict items as needed. Include any ability for agencies to select available categories. E. Describe how supplier proposes to distribute the products/service nationwide. Include any states where products and services will not be offered under the Master Agreement, including U.S. Territories and Outlying Areas. F. Without describing specific pricing at this time, describe how Participating Agencies are ensure they will receive the Master Agreement pricing; include all distribution channels such as direct ordering, retail or in-store locations, through distributors, etc. Describe how Participating Agencies verify and audit pricing to ensure its compliance with the Master Agreement. G. In detail, describe the supplier’s digital portal and how it differs from competitors. H. Identify all other companies that will be involved in processing, handling or shipping the products/service to the end user. Requirements for National Cooperative Contract Page 8 of 55 I. Provide available ordering methods – online ordering, order tracking, search options, and order history. J. Provide available payment terms. K. Indicate if payment will be accepted via credit card. If so, may credit card payment(s) be made online? Also state any convenience fees, if allowable, per the Visa Operating Regulations. L. Provide the number, size and location of Supplier’s distribution facilities, warehouses and retail network as applicable. 3.3 Marketing and Sales A. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as supplier’s primary go to market strategy for Public Agencies to supplier’s teams nationwide, to include, but not limited to: i. Executive leadership endorsement and sponsorship of the award as the public sector go-to-market strategy within first 10 days ii. Training and education of Supplier’s national sales force with participation from the Supplier’s executive leadership, along with the OMNIA Partners, Public Sector team within first 90 days B. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to market the Master Agreement to current Participating Public Agencies, existing Public Agency customers of Supplier, as well as to prospective Public Agencies nationwide immediately upon award, to include, but not limited to: i. Creation and distribution of a co-branded press release to trade publications ii. Announcement, Master Agreement details and contact information published on the Supplier’s website within first 90 days iii. Design, publication and distribution of co-branded marketing materials within first 90 days iv. Commitment to attendance and participation with OMNIA Partners, Public Sector at national (i.e. NIGP Annual Forum, NPI Conference, etc.), regional (i.e. Regional NIGP Chapter Meetings, Regional Cooperative Summits, etc.) and supplier-specific trade shows, conferences and meetings throughout the term of the Master Agreement v. Commitment to attend, exhibit and participate at the NIGP Annual Forum in an area reserved by OMNIA Partners, Public Sector for partner suppliers. Booth space will be purchased and staffed by Supplier. In Requirements for National Cooperative Contract Page 9 of 55 addition, Supplier commits to provide reasonable assistance to the overall promotion and marketing efforts for the NIGP Annual Forum, as directed by OMNIA Partners, Public Sector. vi. Design and publication of national and regional advertising in trade publications throughout the term of the Master Agreement vii. Ongoing marketing and promotion of the Master Agreement throughout its term (case studies, collateral pieces, presentations, promotions, etc.) viii. Dedicated OMNIA Partners, Public Sector internet web-based homepage on Supplier’s website with: • OMNIA Partners, Public Sector standard logo; • Copy of original Request for Proposal; • Copy of Master Agreement and amendments between Principal Procurement Agency and Supplier; • Summary of Products and pricing; • Marketing Materials • Electronic link to OMNIA Partners, Public Sector’s website including the online registration page; • A dedicated toll-free number and email address for OMNIA Partners, Public Sector C. Describe how Supplier will transition any existing Public Agency customers’ accounts to the Master Agreement available nationally through OMNIA Partners, Public Sector. Include a list of current cooperative contracts (regional and national) Supplier holds and describe how the Master Agreement will be positioned among the other cooperative agreements. D. Acknowledge Supplier agrees to provide its logo(s) to OMNIA Partners, Public Sector and agrees to provide permission for reproduction of such logo in marketing communications and promotions. Acknowledge that use of OMNIA Partners, Public Sector logo will require permission for reproduction, as well. E. Confirm Supplier will be proactive in direct sales of Supplier’s goods and services to Public Agencies nationwide and the timely follow up to leads established by OMNIA Partners, Public Sector. All sales materials are to use the OMNIA Partners, Public Sector logo. At a minimum, the Supplier’s sales initiatives should communicate: i. Master Agreement was competitively solicited and publicly awarded by a Principal Procurement Agency ii. Best government pricing iii. No cost to participate Requirements for National Cooperative Contract Page 10 of 55 iv. Non-exclusive F. Confirm Supplier will train its national sales force on the Master Agreement. At a minimum, sales training should include: i. Key features of Master Agreement ii. Working knowledge of the solicitation process iii. Awareness of the range of Public Agencies that can utilize the Master Agreement through OMNIA Partners, Public Sector iv. Knowledge of benefits of the use of cooperative contracts G. Provide the name, title, email and phone number for the person(s), who will be responsible for: i. Executive Support ii. Marketing iii. Sales iv. Sales Support v. Financial Reporting vi. Accounts Payable vii. Contracts H. Describe in detail how Supplier’s national sales force is structured, including contact information for the highest-level executive in charge of the sales team. I. Explain in detail how the sales teams will work with the OMNIA Partners, Public Sector team to implement, grow and service the national program. I. Explain in detail how Supplier will manage the overall national program throughout the term of the Master Agreement, including ongoing coordination of marketing and sales efforts, timely new Participating Public Agency account set-up, timely contract administration, etc. J. State the amount of Supplier’s Public Agency sales for the previous fiscal year. Provide a list of Supplier’s top 10 Public Agency customers, the total purchases for each for the previous fiscal year along with a key contact for each. K. Describe Supplier’s information systems capabilities and limitations regarding order management through receipt of payment, including description of multiple platforms that may be used for any of these functions. M. Provide the Contract Sales (as defined in Section 10 of the OMNIA Partners, Public Sector Administration Agreement) that Supplier will guarantee each year under the Master Agreement for the initial three years of the Master Agreement (“Guaranteed Contract Sales”). Requirements for National Cooperative Contract Page 11 of 55 $_______.00 in year one $_______.00 in year two $_______.00 in year three To the extent Supplier guarantees minimum Contract Sales, the administration fee shall be calculated based on the greater of the actual Contract Sales and the Guaranteed Contract Sales. M. Even though it is anticipated many Public Agencies will be able to utilize the Master Agreement without further formal solicitation, there may be circumstances where Public Agencies will issue their own solicitations. The following options are available when responding to a solicitation for Products covered under the Master Agreement. i. Respond with Master Agreement pricing (Contract Sales reported to OMNIA Partners, Public Sector). ii. If competitive conditions require pricing lower than the standard Master Agreement not-to-exceed pricing, Supplier may respond with lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales are reported as Contract Sales to OMNIA Partners, Public Sector under the Master Agreement. iii. Respond with pricing higher than Master Agreement only in the unlikely event that the Public Agency refuses to utilize Master Agreement (Contract Sales are not reported to OMNIA Partners, Public Sector). iv. If alternative or multiple proposals are permitted, respond with pricing higher than Master Agreement, and include Master Agreement as the alternate or additional proposal. Detail Supplier’s strategies under these options when responding to a solicitation. Requirements for National Cooperative Contract Page 12 of 55 EXHIBIT B ADMINISTRATION AGREEMENT, EXAMPLE ADMINISTRATION AGREEMENT THIS ADMINISTRATION AGREEMENT (this “Agreement”) is made this ___ day of ______ 20___, between National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector (“OMNIA Partners, Public Sector”), and ________________ (“Supplier”). RECITALS WHEREAS, the ___________________ (the “Principal Procurement Agency”) has entered into a Master Agreement effective _________________, Agreement No_______, by and between the Principal Procurement Agency and Supplier, (as may be amended from time to time in accordance with the terms thereof, the “Master Agreement”), as attached hereto as Exhibit A and incorporated herein by reference as though fully set forth herein, for the purchase of _____________________ (the “Product”); WHEREAS, said Master Agreement provides that any or all public agencies, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (collectively, “Public Agencies”), that register Requirements for National Cooperative Contract Page 13 of 55 (either via registration on the OMNIA Partners, Public Sector website or execution of a Master Intergovernmental Cooperative Purchasing Agreement, attached hereto as Exhibit B) (each, hereinafter referred to as a “Participating Public Agency”) may purchase Product at prices stated in the Master Agreement; WHEREAS, Participating Public Agencies may access the Master Agreement which is offered through OMNIA Partners, Public Sector to Public Agencies; WHEREAS, OMNIA Partners, Public Sector serves as the contract administrator of the Master Agreement on behalf of Principal Procurement Agency; WHEREAS, Principal Procurement Agency desires OMNIA Partners, Public Sector to proceed with administration of the Master Agreement; and WHEREAS, OMNIA Partners, Public Sector and Supplier desire to enter into this Agreement to make available the Master Agreement to Participating Public Agencies and to set forth certain terms and conditions governing the relationship between OMNIA Partners, Public Sector and Supplier. NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, OMNIA Partners, Public Sector and Supplier hereby agree as follows: DEFINITIONS 1. Capitalized terms used in this Agreement and not otherwise defined herein shall have the meanings given to them in the Master Agreement. TERMS AND CONDITIONS 2. The Master Agreement and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement. Supplier acknowledges and agrees that the covenants and agreements of Supplier set forth in the solicitation and Supplier’s response thereto resulting in the Master Agreement are incorporated herein and are an integral part hereof. 3. OMNIA Partners, Public Sector shall be afforded all of the rights, privileges and indemnifications afforded to Principal Procurement Agency by or from Supplier under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to OMNIA Partners, Public Sector, its agents, employees, directors, and representatives under this Agreement including, but not limited to, Supplier’s obligation to obtain appropriate insurance. 4. OMNIA Partners, Public Sector shall perform all of its duties, responsibilities and obligations as contract administrator of the Master Agreement on behalf of Principal Procurement Agency as set forth herein, and Supplier hereby acknowledges and agrees that all duties, responsibilities and obligations will be undertaken by OMNIA Partners, Public Sector solely in its capacity as the contract administrator under the Master Agreement. Requirements for National Cooperative Contract Page 14 of 55 5. With respect to any purchases by Principal Procurement Agency or any Participating Public Agency pursuant to the Master Agreement, OMNIA Partners, Public Sector shall not be: (i) construed as a dealer, re-marketer, representative, partner or agent of any type of the Supplier, Principal Procurement Agency or any Participating Public Agency; (ii) obligated, liable or responsible for any order for Product made by Principal Procurement Agency or any Participating Public Agency or any employee thereof under the Master Agreement or for any payment required to be made with respect to such order for Product; and (iii) obligated, liable or responsible for any failure by Principal Procurement Agency or any Participating Public Agency to comply with procedures or requirements of applicable law or the Master Agreement or to obtain the due authorization and approval necessary to purchase under the Master Agreement. OMNIA Partners, Public Sector makes no representation or guaranty with respect to any minimum purchases by Principal Procurement Agency or any Participating Public Agency or any employee thereof under this Agreement or the Master Agreement. 6. OMNIA Partners, Public Sector shall not be responsible for Supplier’s performance under the Master Agreement, and Supplier shall hold OMNIA Partners, Public Sector harmless from any liability that may arise from the acts or omissions of Supplier in connection with the Master Agreement. 7. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OMNIA PARTNERS, PUBLIC SECTOR EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING OMNIA PARTNERS, PUBLIC SECTOR’S PERFORMANCE AS A CONTRACT ADMINISTRATOR OF THE MASTER AGREEMENT. OMNIA PARTNERS, PUBLIC SECTOR SHALL NOT BE LIABLE IN ANY WAY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, EVEN IF OMNIA PARTNERS, PUBLIC SECTOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TERM OF AGREEMENT; TERMINATION 8. This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the provisions of Sections 3 – 8 and 12 – 23, hereof and the indemnifications afforded by the Supplier to OMNIA Partners, Public Sector in the Master Agreement, to the extent such provisions survive any expiration or termination of the Master Agreement, shall survive the expiration or termination of this Agreement. 9. Supplier’s failure to maintain its covenants and commitments contained in this Agreement or any action of the Supplier which gives rise to a right by Principal Procurement Agency to terminate the Master Agreement shall constitute a material breach of this Agreement. If such breach is not cured within thirty (30) days of written notice to Supplier, in addition to any and all remedies available at law or equity, OMNIA Partners, Public Sector shall have the right to terminate this Agreement, at OMNIA Partners, Public Sector’s sole discretion. Notwithstanding anything contained herein to the contrary, this Agreement shall terminate on the date of the termination or expiration of the Master Agreement. NATIONAL PROMOTION 10. OMNIA Partners, Public Sector and Supplier shall publicize and promote the availability of the Master Agreement’s products and services to Public Agencies and such agencies’ Requirements for National Cooperative Contract Page 15 of 55 employees. Supplier shall require each Public Agency to register its participation in the OMNIA Partners, Public Sector program by either registering on the OMNIA Partners, Public Sector website (www.omniapartners.com/publicsector), or executing a Master Intergovernmental Cooperative Purchasing Agreement prior to processing the Participating Public Agency’s first sales order. Upon request, Supplier shall make available to interested Public Agencies a copy of the Master Agreement and such price lists or quotes as may be necessary for such Public Agencies to evaluate potential purchases. 11. Supplier shall provide such marketing and administrative support as set forth in the solicitation resulting in the Master Agreement, including assisting in development of marketing materials as reasonably requested by Principal Procurement Agency and OMNIA Partners, Public Sector. Supplier shall be responsible for obtaining permission or license of use and payment of any license fees for all content and images Supplier provides to OMNIA Partners, Public Sector or posts on the OMNIA Partners, Public Sector website. Supplier shall indemnify, defend and hold harmless OMNIA Partners, Public Sector for use of all such content and images including copyright infringement claims. Supplier and OMNIA Partners, Public Sector each hereby grant to the other party a limited, revocable, non-transferable, non-sublicensable right to use such party’s logo (each, the “Logo”) solely for use in marketing the Master Agreement. Each party shall provide the other party with the standard terms of use of such party’s Logo, and such party shall comply with such terms in all material respects. Both parties shall obtain approval from the other party prior to use of such party’s Logo. Notwithstanding the foregoing, the parties understand and agree that except as provided herein neither party shall have any right, title or interest in the other party’s Logo. Upon termination of this Agreement, each party shall immediately cease use of the other party’s Logo. ADMINISTRATIVE FEE, REPORTING & PAYMENT 12. An “Administrative Fee” shall be defined and due to OMNIA Partners, Public Sector from Supplier in the amount of three percent (3%) (“Administrative Fee Percentage”) multiplied by the total purchase amount paid to Supplier, less refunds, credits on returns, rebates and discounts, for the sale of products and/or services to Principal Procurement Agency and Participating Public Agencies pursuant to the Master Agreement (as amended from time to time and including any renewal thereof) (“Contract Sales”). From time to time the parties may mutually agree in writing to a lower Administrative Fee Percentage for a specifically identified Participating Public Agency’s Contract Sales. 13. Supplier shall provide OMNIA Partners, Public Sector with an electronic accounting report monthly, in the format prescribed by OMNIA Partners, Public Sector, summarizing all Contract Sales for each calendar month. The Contract Sales reporting format is provided as Exhibit C (“Contract Sales Report”), attached hereto and incorporated herein by reference. Contract Sales Reports for each calendar month shall be provided by Supplier to OMNIA Partners, Public Sector by the 10th day of the following month. Failure to provide a Contract Sales Report within the time and manner specified herein shall constitute a material breach of this Agreement and if not cured within thirty (30) days of written notice to Supplier shall be deemed a cause for termination of the Master Agreement, at Principal Procurement Agency’s sole discretion, and/or this Agreement, at OMNIA Partners, Public Sector’s sole discretion. 14. Administrative Fee payments are to be paid by Supplier to OMNIA Partners, Public Sector at the frequency and on the due date stated in Section 13, above, for Supplier’s submission of corresponding Contract Sales Reports. Administrative Fee payments are to be made via Automated Requirements for National Cooperative Contract Page 16 of 55 Clearing House (ACH) to the OMNIA Partners, Public Sector designated financial institution identified in Exhibit D. Failure to provide a payment of the Administrative Fee within the time and manner specified herein shall constitute a material breach of this Agreement and if not cured within thirty (30) days of written notice to Supplier shall be deemed a cause for termination of the Master Agreement, at Principal Procurement Agency’s sole discretion, and/or this Agreement, at OMNIA Partners, Public Sector’s sole discretion. All Administrative Fees not paid when due shall bear interest at a rate equal to the lesser of one and one-half percent (1 1/2%) per month or the maximum rate permitted by law until paid in full. 15. Supplier shall maintain an accounting of all purchases made by Participating Public Agencies under the Master Agreement. OMNIA Partners, Public Sector, or its designee, in OMNIA Partners, Public Sector’s sole discretion, reserves the right to compare Participating Public Agency records with Contract Sales Reports submitted by Supplier for a period of four (4) years from the date OMNIA Partners, Public Sector receives such report. In addition, OMNIA Partners, Public Sector may engage a third party to conduct an independent audit of Supplier’s monthly reports. In the event of such an audit, Supplier shall provide all materials reasonably requested relating to such audit by OMNIA Partners, Public Sector at the location designated by OMNIA Partners, Public Sector. In the event an underreporting of Contract Sales and a resulting underpayment of Administrative Fees is revealed, OMNIA Partners, Public Sector will notify the Supplier in writing. Supplier will have thirty (30) days from the date of such notice to resolve the discrepancy to OMNIA Partners, Public Sector’s reasonable satisfaction, including payment of any Administrative Fees due and owing, together with interest thereon in accordance with Section 13, and reimbursement of OMNIA Partners, Public Sector’s costs and expenses related to such audit. GENERAL PROVISIONS 16. This Agreement, the Master Agreement and the exhibits referenced herein supersede any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereto and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained or incorporated herein shall be valid or binding. In the event of any conflict between the provisions of this Agreement and the Master Agreement, as between OMNIA Partners, Public Sector and Supplier, the provisions of this Agreement shall prevail. 17. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any Administrative Fee and accrued interest, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which it may be entitled. 18. This Agreement and OMNIA Partners, Public Sector’s rights and obligations hereunder may be assigned at OMNIA Partners, Public Sector’s sole discretion to an affiliate of OMNIA Partners, Public Sector, any purchaser of any or all or substantially all of the assets of OMNIA Partners, Public Sector, or the successor entity as a result of a merger, reorganization, consolidation, conversion or change of control, whether by operation of law or otherwise. Supplier may not assign its obligations hereunder without the prior written consent of OMNIA Partners, Public Sector. 19. All written communications given hereunder shall be delivered by first-class mail, postage prepaid, or overnight delivery on receipt to the addresses as set forth below. Requirements for National Cooperative Contract Page 17 of 55 A. OMNIA Partners, Public Sector: OMNIA Partners, Public Sector Attn: President 840 Crescent Centre Drive Suite 600 Franklin, TN 37067 B. Supplier: ____________________ ____________________ ____________________ ____________________ 20. If any provision of this Agreement shall be deemed to be, or shall in fact be, illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatever, and this Agreement will be construed by limiting or invalidating such provision to the minimum extent necessary to make such provision valid, legal and enforceable. 21. This Agreement may not be amended, changed, modified, or altered without the prior written consent of the parties hereto, and no provision of this Agreement may be discharged or waived, except by a writing signed by the parties. A waiver of any particular provision will not be deemed a waiver of any other provision, nor will a waiver given on one occasion be deemed to apply to any other occasion. 22. This Agreement shall inure to the benefit of and shall be binding upon OMNIA Partners, Public Sector, the Supplier and any respective successor and assign thereto; subject, however, to the limitations contained herein. 23. This Agreement will be construed under and governed by the laws of the State of Delaware, excluding its conflicts of law provisions and any action arising out of or related to this Agreement shall be commenced solely and exclusively in the state or federal courts in Williamson County Tennessee. 24. This Agreement may be executed in counterparts, each of which is an original but all of which, together, shall constitute but one and the same instrument. The exchange of copies of this Agreement and of signature pages by facsimile, or by .pdf or similar electronic transmission, will constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of the original Agreement for all purposes. Signatures of the parties transmitted by facsimile, or by .pdf or similar electronic transmission, will be deemed to be their original signatures for any purpose whatsoever. Requirements for National Cooperative Contract Page 18 of 55 [INSERT SUPPLIER ENTITY NAME] NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY, A DELAWARE CORPORATION D/B/A OMNIA PARTNERS, PUBLIC SECTOR Signature Signature Sarah Vavra Name Name Sr. Vice President, Public Sector Contracting Title Title Date Date Requirements for National Cooperative Contract Page 19 of 45 EXHIBIT C MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT, EXAMPLE MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT This Master Intergovernmental Cooperative Purchasing Agreement (this “Agreement”) is entered into by and between those certain government agencies that execute a Principal Procurement Agency Certificate (“Principal Procurement Agencies”) with National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector and/or Communities Program Management, LLC, a California limited liability company d/b/a U.S. Communities (collectively, “OMNIA Partners, Public Sector”) to be appended and made a part hereof and such other public agencies (“Participating Public Agencies”) who register to participate in the cooperative purchasing programs administered by OMNIA Partners, Public Sector and its affiliates and subsidiaries (collectively, the “OMNIA Partners Parties”) by either registering on the OMNIA Partners, Public Sector website (www.omniapartners.com/publicsector or any successor website), or by executing a copy of this Agreement. RECITALS WHEREAS, after a competitive solicitation and selection process by Principal Procurement Agencies, in compliance with their own policies, procedures, rules and regulations, a number of suppliers have entered into “Master Agreements” (herein so called) to provide a variety of goods, products and services (“Products”) to the applicable Principal Procurement Agency and the Participating Public Agencies; WHEREAS, Master Agreements are made available by Principal Procurement Agencies through the OMNIA Partners Parties and provide that Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Principal Procurement Agency, subject to any applicable federal and/or local purchasing ordinances and the laws of the State of purchase; and WHEREAS, in addition to Master Agreements, the OMNIA Partners Parties may from time to time offer Participating Public Agencies the opportunity to acquire Products through other group purchasing agreements. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result, the parties hereby agree as follows: 1. Each party will facilitate the cooperative procurement of Products. 2. The Participating Public Agencies shall procure Products in accordance with and subject to the relevant federal, state and local statutes, ordinances, rules and regulations that govern Participating Public Agency’s procurement practices. The Participating Public Agencies hereby acknowledge and agree that it is the intent of the parties that all provisions of this Agreement and that Principal Procurement Agencies’ participation in the program described herein comply with all applicable laws, including but not limited to the requirements of 42 C.F.R. § 1001.952(h), as may be amended from time to time. The Participating Public Agencies further acknowledge and agree that they are solely responsible for their compliance with all applicable “safe harbor” regulations, Requirements for National Cooperative Contract Page 20 of 55 including but not limited to any and all obligations to fully and accurately report discounts and incentives. 3. The Participating Public Agency represents and warrants that the Participating Public Agency is not a hospital or other healthcare provider and is not purchasing Products on behalf of a hospital or healthcare provider. 4. The cooperative use of Master Agreements shall be in accordance with the terms and conditions of the Master Agreements, except as modification of those terms and conditions is otherwise required by applicable federal, state or local law, policies or procedures. 5. The Principal Procurement Agencies will make available, upon reasonable request, Master Agreement information which may assist in improving the procurement of Products by the Participating Public Agencies. 6. The Participating Public Agency agrees the OMNIA Partners Parties may provide access to group purchasing organization (“GPO”) agreements directly or indirectly by enrolling the Participating Public Agency in another GPO’s purchasing program provided the purchase of Products through the OMNIA Partners Parties or any other GPO shall be at the Participating Public Agency’s sole discretion. 7. The Participating Public Agencies (each a “Procuring Party”) that procure Products through any Master Agreement or GPO Product supply agreement (each a “GPO Contract”) will make timely payments to the distributor, manufacturer or other vendor (collectively, “Supplier”) for Products received in accordance with the terms and conditions of the Master Agreement or GPO Contract, as applicable. Payment for Products and inspections and acceptance of Products ordered by the Procuring Party shall be the exclusive obligation of such Procuring Party. Disputes between Procuring Party and any Supplier shall be resolved in accordance with the law and venue rules of the State of purchase unless otherwise agreed to by the Procuring Party and Supplier. 8. The Procuring Party shall not use this Agreement as a method for obtaining additional concessions or reduced prices for purchase of similar products or services outside of the Master Agreement. Master Agreements may be structured with not-to-exceed pricing, in which cases the Supplier may offer the Procuring Party and the Procuring Party may accept lower pricing or additional concessions for purchase of Products through a Master Agreement. 9. The Procuring Party shall be responsible for the ordering of Products under this Agreement. A non-procuring party shall not be liable in any fashion for any violation by a Procuring Party, and, to the extent permitted by applicable law, the Procuring Party shall hold non-procuring party harmless from any liability that may arise from the acts or omissions of the Procuring Party. 10. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE OMNIA PARTNERS PARTIES EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING ANY PRODUCT, MASTER AGREEMENT AND GPO CONTRACT. THE OMNIA PARTNERS PARTIES SHALL NOT BE LIABLE IN ANY WAY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, EVEN IF THE OMNIA PARTNERS PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE PROCURING PARTY ACKNOWLEDGES AND AGREES THAT THE OMNIA PARTNERS Requirements for National Cooperative Contract Page 21 of 55 PARTIES SHALL HAVE NO LIABILITY FOR ANY ACT OR OMISSION BY A SUPPLIER OR OTHER PARTY UNDER A MASTER AGREEMENT OR GPO CONTRACT. 11. This Agreement shall remain in effect until termination by either party giving thirty (30) days’ written notice to the other party. The provisions of Paragraphs 6 - 10 hereof shall survive any such termination. 12. This Agreement shall take effect upon (i) execution of the Principal Procurement Agency Certificate, or (ii) registration on the OMNIA Partners, Public Sector website or the execution of this Agreement by a Participating Public Agency, as applicable. NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY, A DELAWARE CORPORATION D/B/A OMNIA PARTNERS, PUBLIC SECTOR AND/OR COMMUNITIES PROGRAM MANAGEMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY D/B/A U.S. COMMUNITIES Authorized Signature Signature Sarah E. Vavra Name Name Sr. Vice President, Public Sector Contracting Title and Agency Name Title Date Date Requirements for National Cooperative Contract Page 22 of 45 EXHIBIT D PRINCIPAL PROCUREMENT AGENCY CERTIFICATE, EXAMPLE PRINCIPAL PROCUREMENT AGENCY CERTIFICATE In its capacity as a Principal Procurement Agency (as defined below) for National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector (“OMNIA Partners, Public Sector”), [NAME OF PPA] agrees to pursue Master Agreements for Products as specified in the attached Exhibits to this Principal Procurement Agency Certificate. I hereby acknowledge, in my capacity as _____________ of and on behalf of [NAME OF PPA] (“Principal Procurement Agency”), that I have read and hereby agree to the general terms and conditions set forth in the attached Master Intergovernmental Cooperative Purchasing Agreement regulating the use of the Master Agreements and purchase of Products that from time to time are made available by Principal Procurement Agencies to Participating Public Agencies nationwide through OMNIA Partners, Public Sector. I understand that the purchase of one or more Products under the provisions of the Master Intergovernmental Cooperative Purchasing Agreement is at the sole and complete discretion of the Participating Public Agency. Authorized Signature, [PRINCIPAL PROCUREMENT AGENCY] Signature Name Title Date Requirements for National Cooperative Contract Page 23 of 45 EXHIBIT E CONTRACT SALES REPORTING TEMPLATE Requirements for National Cooperative Contract Page 24 of 45 EXHIBIT F FEDERAL FUNDS CERTIFICATIONS FEDERAL CERTIFICATIONS ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT TO WHOM IT MAY CONCERN: Participating Agencies may elect to use federal funds to purchase under the Master Agreement. This form should be completed and returned. DEFINITIONS Contract means a legal instrument by which a non–Federal entity purchases property or services needed to carry out the project or program under a Federal award. The term as used in this part does not include a legal instrument, even if the non–Federal entity considers it a contract, when the substance of the transaction meets the definition of a Federal award or subaward Contractor means an entity that receives a contract as defined in Contract. Cooperative agreement means a legal instrument of financial assistance between a Federal awarding agency or pass-through entity and a non–Federal entity that, consistent with 31 U.S.C. 6302–6305: (a) Is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federal awarding agency or pass-through entity to the non–Federal entity to carry out a public purpose authorized by a law of the United States (see 31 U.S.C. 6101(3)); and not to acquire property or services for the Federal government or pass-through entity's direct benefit or use; (b) Is distinguished from a grant in that it provides for substantial involvement between the Federal awarding agency or pass-through entity and the non–Federal entity in carrying out the activity contemplated by the Federal award. (c) The term does not include: (1) A cooperative research and development agreement as defined in 15 U.S.C. 3710a; or (2) An agreement that provides only: (i) Direct United States Government cash assistance to an individual; (ii) A subsidy; (iii) A loan; (iv) A loan guarantee; or (v) Insurance. Federal awarding agency means the Federal agency that provides a Federal award directly to a non–Federal entity Federal award has the meaning, depending on the context, in either paragraph (a) or (b) of this section: (a)(1) The Federal financial assistance that a non–Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity, as described in § 200.101 Applicability; or (2) The cost-reimbursement contract under the Federal Acquisition Regulations that a non–Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity, as described in § 200.101 Applicability. (b) The instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperative agreement, other agreement for assistance covered in paragraph (b) of § 200.40 Federal financial assistance, or the cost-reimbursement contract awarded under the Federal Acquisition Regulations. (c) Federal award does not include other contracts that a Federal agency uses to buy goods or services from a contractor or a contract to operate Federal government owned, contractor operated facilities (GOCOs). (d) See also definitions of Federal financial assistance, grant agreement, and cooperative agreement. Non–Federal entity means a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization that carries out a Federal award as a recipient or subrecipient. Nonprofit organization means any corporation, trust, association, cooperative, or other organization, not including IHEs, that: (a) Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; Requirements for National Cooperative Contract Page 25 of 55 (b) Is not organized primarily for profit; and (c) Uses net proceeds to maintain, improve, or expand the operations of the organization. Obligations means, when used in connection with a non–Federal entity's utilization of funds under a Federal award, orders placed for property and services, contracts and subawards made, and similar transactions during a given period that require payment by the non–Federal entity during the same or a future period. Pass-through entity means a non–Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program. Recipient means a non–Federal entity that receives a Federal award directly from a Federal awarding agency to carry out an activity under a Federal program. The term recipient does not include subrecipients. Simplified acquisition threshold means the dollar amount below which a non–Federal entity may purchase property or services using small purchase methods. Non–Federal entities adopt small purchase procedures in order to expedite the purchase of items costing less than the simplified acquisition threshold. The simplified acquisition threshold is set by the Federal Acquisition Regulation at 48 CFR Subpart 2.1 (Definitions) and in accordance with 41 U.S.C. 1908. As of the publication of this part, the simplified acquisition threshold is $150,000, but this threshold is periodically adjusted for inflation. (Also see definition of § 200.67 Micro-purchase.) Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. Subrecipient means a non–Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. Termination means the ending of a Federal award, in whole or in part at any time prior to the planned end of period of performance. The following certifications and provisions may be required and apply when Participating Agency expends federal funds for any purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the Participating Agency and the Participating Agency’s subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable. APPENDIX II TO 2 CFR PART 200 (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Pursuant to Federal Rule (A) above, when a Participating Agency expends federal funds, the Participating Agency reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party. Does offeror agree? YES Initials of Authorized Representative of offeror (B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) Pursuant to Federal Rule (B) above, when a Participating Agency expends federal funds, the Participating Agency reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Offeror as detailed in the terms of the contract. Does offeror agree? YES Initials of Authorized Representative of offeror (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 CFR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order Requirements for National Cooperative Contract Page 26 of 55 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein. Does offeror agree to abide by the above? YES Initials of Authorized Representative of offeror (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non - Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for all contracts and subgrants for construction or repair, offeror will be in compliance with all applicable Davis-Bacon Act provisions. Does offeror agree? YES Initials of Authorized Representative of offeror (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Pursuant to Federal Rule (E) above, when a Participating Agency expends federal funds, offeror certifies that offeror will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by Participating Agency resulting from this procurement process. Does offeror agree? YES Initials of Authorized Representative of offeror (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Pursuant to Federal Rule (F) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (F) above. Does offeror agree? YES Initials of Authorized Representative of offeror (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended— Requirements for National Cooperative Contract Page 27 of 55 Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non - Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA) Pursuant to Federal Rule (G) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency member resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (G) above. Does offeror agree? YES Initials of Authorized Representative of offeror (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the Executive Office of the President Office of Management and Budget (OMB) guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Pursuant to Federal Rule (H) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. If at any time during the term of an award the offeror or its principals becomes debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency, the offeror will notify the Participating Agency. Does offeror agree? YES Initials of Authorized Representative of offeror (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. Pursuant to Federal Rule (I) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term and after the awarded term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that: (1) No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly. Does offeror agree? YES Initials of Authorized Representative of offeror RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The offeror further certifies that offeror will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. Does offeror agree? YES Initials of Authorized Representative of offeror Requirements for National Cooperative Contract Page 28 of 55 CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18). Does offeror agree? YES Initials of Authorized Representative of offeror CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition. Does offeror agree? YES Initials of Authorized Representative of offeror CERTIFICATION OF ACCESS TO RECORDS – 2 C.F.R. § 200.336 Offeror agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to any documents, papers, or other records of offeror that are pertinent to offeror’s discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to offeror’s personnel for the purpose of interview and discussion relating to such documents. Does offeror agree? YES Initials of Authorized Representative of offeror CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions. Does offeror agree? YES Initials of Authorized Representative of offeror Offeror agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is further acknowledged that offeror certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted above. Offeror’s Name: ____________________________________________________________________________________________ Address, City, State, and Zip Code: _____________________________________________________________________________ Phone Number:___________________________________ Fax Number: ______________________________________ Printed Name and Title of Authorized Representative:______________________________________________________________________ Email Address: ____________________________________________________________________________________________ Signature of Authorized Representative: ____________________________________Date: _____________________________ Requirements for National Cooperative Contract Page 29 of 55 EXHIBIT G NEW JERSEY BUSINESS COMPLIANCE NEW JERSEY BUSINESS COMPLIANCE Suppliers intending to do business in the State of New Jersey must comply with policies and procedures required under New Jersey statues. All offerors submitting proposals must complete the following forms specific to the State of New Jersey. Completed forms should be submitted with the offeror’s response to the RFP. Failure to complete the New Jersey packet will impact OMNIA Partners, Public Sector’s ability to promote the Master Agreement in the State of New Jersey. DOC #1 Ownership Disclosure Form DOC #2 Non-Collusion Affidavit DOC #3 Affirmative Action Affidavit DOC #4 Political Contribution Disclosure Form DOC #5 Stockholder Disclosure Certification DOC #6 Certification of Non-Involvement in Prohibited Activities in Iran DOC #7 New Jersey Business Registration Certificate New Jersey suppliers are required to comply with the following New Jersey statutes when applicable: • all anti-discrimination laws, including those contained in N.J.S.A. 10:2-1 through N.J.S.A. 10:2-14, N.J.S.A. 10:5-1, and N.J.S.A. 10:5-31 through 10:5-38; • Prevailing Wage Act, N.J.S.A. 34:11-56.26, for all contracts within the contemplation of the Act; • Public Works Contractor Registration Act, N.J.S.A. 34:11-56.26; and • Bid and Performance Security, as required by the applicable municipal or state statutes. Requirements for National Cooperative Contract Page 30 of 55 DOC #1 OWNERSHIP DISCLOSURE FORM (N.J.S. 52:25-24.2) Pursuant to the requirements of P.L. 1999, Chapter 440 effective April 17, 2000 (Local Public Contracts Law), the offeror shall complete the form attached to these specifications listing the persons owning 10 percent (10%) or more of the firm presenting the proposal. Company Name: Street: City, State, Zip Code: Complete as appropriate: I _______________________________________, certify that I am the sole owner of ____________________________________, that there are no partners and the business is not incorporated, and the provisions of N.J.S. 52:25-24.2 do not apply. OR: I _______________________________________, a partner in___________________________, do hereby certify that the following is a list of all individual partners who own a 10% or greater interest therein. I further certify that if one (1) or more of the partners is itself a corporation or partnership, there is also set forth the names and addresses of the stockholders holding 10% or more of that corporation’s stock or the individual partners owning 10% or greater interest in that partnership. OR: I _______________________________________, an authorized representative of ______________________, a corporation, do hereby certify that the following is a list of the names and addresses of all stockholders in the corporation who own 10% or more of its stock of any class. I further certify that if one (1) or more of such stockholders is itself a corporation or partnership, that there is also set forth the names and addresses of the stockholders holding 10% or more of the corporation’s stock or the individual partners owning a 10% or greater interest in that partnership. (Note: If there are no partners or stockholders owning 10% or more interest, indicate none.) Name Address Interest I further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief. Date Authorized Signature and Title Requirements for National Cooperative Contract Page 31 of 45 DOC #2 NON-COLLUSION AFFIDAVIT Company Name: ________________________________________ Street: ________________________________________________ City, State, Zip Code:____________________________________ State of ________________________________________________ County of ______________________________________________ I, of the_______________________________________________ Name City in the County of ____________________________, State of _______________________________ of full age, being duly sworn according to law on my oath depose and say that: I am the _________________________of the firm of _____________________________________ Title Company Name the Offeror making the Proposal for the goods, services or public work specified under the attached proposal, and that I executed the said proposal with full authority to do so; that said Offeror has not directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above proposal, and that all statements contained in said proposal and in this affidavit are true and correct, and made with full knowledge that relies upon the truth of the statements contained in said proposal and in the statements contained in this affidavit in awarding the contract for the said goods, services or public work. I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by Company Name Authorized Signature & Title Subscribed and sworn before me this ______ day of ______________, 20____ __________________________________________ Notary Public of ______________________ My commission expires _________________ , 20____ SEAL Requirements for National Cooperative Contract Page 32 of 55 DOC #3 AFFIRMATIVE ACTION AFFIDAVIT (P.L. 1975, C.127) Company Name: Street: City, State, Zip Code: Proposal Certification: Indicate below company’s compliance with New Jersey Affirmative Action regulations. Company’s proposal will be accepted even if company is not in compliance at this time. No contract and/or purchase order may be issued, however, until all Affirmative Action requirements are met. Required Affirmative Action Evidence: Procurement, Professional & Service Contracts (Exhibit A) Vendors must submit with proposal: 1. A photo copy of their Federal Letter of Affirmative Action Plan Approval OR 2. A photo copy of their Certificate of Employee Information Report OR 3. A complete Affirmative Action Employee Information Report (AA302) ________ Public Work – Over $50,000 Total Project Cost: A. No approved Federal or New Jersey Affirmative Action Plan. We will complete Report Form AA201-A upon receipt from the B. Approved Federal or New Jersey Plan – certificate enclosed I further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief. _______________________ _________________________________ Date Authorized Signature and Title Requirements for National Cooperative Contract Page 33 of 55 DOC #3, continued P.L. 1995, c. 127 (N.J.A.C. 17:27) MANDATORY AFFIRMATIVE ACTION LANGUAGE PROCUREMENT, PROFESSIONAL AND SERVICE CONTRACTS During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this non-discrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisement for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the Americans with Disabilities Act. The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers trade consistent with the applicable county employment goal prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time. The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the state of New Jersey and as established by applicable Federal law and applicable Federal court decisions. The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and lay-off to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27). ________________________________________________ Signature of Procurement Agent Requirements for National Cooperative Contract Page 34 of 55 DOC #4 C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Public Agency Instructions This page provides guidance to public agencies entering into contracts with business entities that are required to file Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What follows are instructions on the use of form local units can provide to contractors that are required to disclose political contributions pursuant to N.J.S.A. 19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in Local Finance Notice 2006-1 (http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). Please refer back to these instructions for the appropriate links, as the Local Finance Notices include links that are no longer operational. 1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and open” process (N.J.S.A. 19:44A-20.7). 2. Due to the potential length of some contractor submissions, the public agency should consider allowing data to be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract documents or in an appropriate computer file and be available for public access. The form is worded to accept this alternate submission. The text should be amended if electronic submission will not be allowed. 3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract. Resolutions of award should reflect that the disclosure has been received and is on file. 4. The contractor must disclose contributions made to candidate and party committees covering a wide range of public agencies, including all public agencies that have elected officials in the county of the public agency, state legislative positions, and various state entities. The Division of Local Government Services recommends that contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and political committees of the officials and candidates affected by the disclosure. a. The Division has prepared model disclosure forms for each county. They can be downloaded from the “County PCD Forms” link on the Pay-to-Play web site at http://www.nj.gov/dca/divisions/dlgs/programs/lpcl.html#12. They will be updated from time-to-time as necessary. b. A public agency using these forms should edit them to properly reflect the correct legislative district(s). As the forms are county-based, they list all legislative districts in each county. Districts that do not represent the public agency should be removed from the lists. c. Some contractors may find it easier to provide a single list that covers all contributions, regardless of the county. These submissions are appropriate and should be accepted. d. The form may be used “as-is”, subject to edits as described herein. e. The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are printed on the back of the form; where that is not the case, the text should be edited accordingly. f. The form is a Word document and can be edited to meet local needs, and posted for download on web sites, used as an e-mail attachment, or provided as a printed document. 5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist the local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees listed on the Business Entity Disclosure Certification in the 12 months prior to the contract (See Local Finance Notice 2006-7 for additional information on this obligation at http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). A sample Certification form is part of this package and the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable to Boards of Education. Requirements for National Cooperative Contract Page 35 of 55 DOC #4, continued C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Contractor Instructions Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions to: • any State, county, or municipal committee of a political party • any legislative leadership committee* • any continuing political committee (a.k.a., political action committee) • any candidate committee of a candidate for, or holder of, an elective office: o of the public entity awarding the contract o of that county in which that public entity is located o of another public entity within that county o or of a legislative district in which that public entity is located or, when the public entity is a county, of any legislative district which includes all or part of the county The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on reportable contributions. N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a natural person. This includes the following: • individuals with an “interest” ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit • all principals, partners, officers, or directors of the business entity or their spouses • any subsidiaries directly or indirectly controlled by the business entity • IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity and filing as continuing political committees, (PACs). When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith, shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the disclosure. Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an amount to be determined by the Commission which may be based upon the amount that the business entity failed to report. The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s responsibility to identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed information may exceed the minimum requirement. The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open Public Records Act. The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts. * N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for the purpose of receiving contributions and making expenditures.” Requirements for National Cooperative Contract Page 36 of 55 DOC #4, continued C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Required Pursuant to N.J.S.A. 19:44A-20.26 This form or its permitted facsimile must be submitted to the local unit no later than 10 days prior to the award of the contract. Part I – Vendor Information Vendor Name: Address: City: State: Zip: The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form. _______________________ _______________________ ________________________ Signature Printed Name Title Part II – Contribution Disclosure Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the government entities listed on the form provided by the local unit.  Check here if disclosure is provided in electronic form Contributor Name Recipient Name Date Dollar Amount $  Check here if the information is continued on subsequent page(s) Requirements for National Cooperative Contract Page 37 of 55 DOC #4, continued List of Agencies with Elected Officials Required for Political Contribution Disclosure N.J.S.A. 19:44A-20.26 County Name: State: Governor, and Legislative Leadership Committees Legislative District #s: State Senator and two members of the General Assembly per district. County: Freeholders County Clerk Sheriff {County Executive} Surrogate Municipalities (Mayor and members of governing body, regardless of title): USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD FROM THE PAY TO PLAY SECTION OF THE DLGS WEBSITE A COUNTY-BASED, CUSTOMIZABLE FORM. Requirements for National Cooperative Contract Page 38 of 55 DOC #5 STOCKHOLDER DISCLOSURE CERTIFICATION Name of Business:  I certify that the list below contains the names and home addresses of all stockholders holding 10% or more of the issued and outstanding stock of the undersigned. OR  I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned. Check the box that represents the type of business organization: Partnership Corporation Sole Proprietorship Limited Partnership Limited Liability Corporation Limited Liability Partnership Subchapter S Corporation Sign and notarize the form below, and, if necessary, complete the stockholder list below. Stockholders: Name: Name: Home Address: Home Address: Name: Name: Home Address: Home Address: Name: Name: Home Address: Home Address: Subscribed and sworn before me this ___ day of ___________, 2__. (Notary Public) My Commission expires: _________________________________ (Affiant) ________________________________ (Print name & title of affiant) (Corporate Seal) Requirements for National Cooperative Contract Page 39 of 55 DOC #6 Certification of Non-Involvement in Prohibited Activities in Iran Pursuant to N.J.S.A. 52:32-58, Offerors must certify that neither the Offeror, nor any of its parents, subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32 – 56(e) (3)), is listed on the Department of the Treasury’s List of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither is involved in any of the investment activities set forth in N.J.S.A. 52:32 – 56(f). Offerors wishing to do business in New Jersey through this contract must fill out the Certification of Non-Involvement in Prohibited Activities in Iran here: http://www.state.nj.us/humanservices/dfd/info/standard/fdc/disclosure_investmentact.pdf. Offerors should submit the above form completed with their proposal. Requirements for National Cooperative Contract Page 40 of 55 DOC #7 NEW JERSEY BUSINESS REGISTRATION CERTIFICATE (N.J.S.A. 52:32-44) Offerors wishing to do business in New Jersey must submit their State Division of Revenue issued Business Registration Certificate with their proposal here. Failure to do so will disqualify the Offeror from offering products or services in New Jersey through any resulting contract. http://www.state.nj.us/treasury/revenue/forms/njreg.pdf Requirements for National Cooperative Contract Page 41 of 45 EXHIBIT H ADVERTISING COMPLIANCE REQUIREMENT Pursuant to certain state notice provisions, including but not limited to Oregon Revised Statutes Chapter 279A.220, the following public agencies and political subdivisions of the referenced public agencies are eligible to register with OMNIA Partners, Public Sector and access the Master Agreement contract award made pursuant to this solicitation, and are hereby given notice of the foregoing request for proposals for purposes of complying with the procedural requirements of said statutes: Nationwide: State of Alabama State of Hawaii State of Massachusetts State of New Mexico State of South Dakota State of Alaska State of Idaho State of Michigan State of New York State of Tennessee State of Arizona State of Illinois State of Minnesota State of North Carolina State of Texas State of Arkansas State of Indiana State of Mississippi State of North Dakota State of Utah State of California State of Iowa State of Missouri State of Ohio State of Vermont State of Colorado State of Kansas State of Montana State of Oklahoma State of Virginia State of Connecticut State of Kentucky State of Nebraska State of Oregon State of Washington State of Delaware State of Louisiana State of Nevada State of Pennsylvania State of West Virginia State of Florida State of Maine State of New Hampshire State of Rhode Island State of Wisconsin State of Georgia State of Maryland State of New Jersey State of South Carolina State of Wyoming District of Columbia Lists of political subdivisions and local governments in the above referenced states / districts may be found at http://www.usa.gov/Agencies/State_and_Territories.shtml and https://www.usa.gov/local-governments. Certain Public Agencies and Political Subdivisions: CITIES, TOWNS, VILLAGES AND BOROUGHS INCLUDING BUT NOT LIMITED TO: BAKER CITY GOLF COURSE, OR CITY OF ADAIR VILLAGE, OR CITY OF ASHLAND, OR CITY OF AUMSVILLE, OR CITY OF AURORA, OR CITY OF BAKER, OR CITY OF BATON ROUGE, LA CITY OF BEAVERTON, OR CITY OF BEND, OR CITY OF BOARDMAN, OR CITY OF BONANAZA, OR CITY OF BOSSIER CITY, LA CITY OF BROOKINGS, OR CITY OF BURNS, OR CITY OF CANBY, OR CITY OF CANYONVILLE, OR CITY OF CLATSKANIE, OR CITY OF COBURG, OR CITY OF CONDON, OR CITY OF COQUILLE, OR CITY OF CORVALLI, OR CITY OF CORVALLIS PARKS AND RECREATION DEPARTMENT, OR CITY OF COTTAGE GROVE, OR CITY OF DONALD, OR CITY OF EUGENE, OR CITY OF FOREST GROVE, OR CITY OF GOLD HILL, OR CITY OF GRANTS PASS, OR CITY OF GRESHAM, OR CITY OF HILLSBORO, OR CITY OF INDEPENDENCE, OR CITY AND COUNTY OF HONOLULU, HI CITY OF KENNER, LA CITY OF LA GRANDE, OR CITY OF LAFAYETTE, LA CITY OF LAKE CHARLES, OR CITY OF LEBANON, OR CITY OF MCMINNVILLE, OR CITY OF MEDFORD, OR CITY OF METAIRIE, LA CITY OF MILL CITY, OR CITY OF MILWAUKIE, OR CITY OF MONROE, LA CITY OF MOSIER, OR CITY OF NEW ORLEANS, LA CITY OF NORTH PLAINS, OR CITY OF OREGON CITY, OR CITY OF PILOT ROCK, OR CITY OF PORTLAND, OR CITY OF POWERS, OR CITY OF PRINEVILLE, OR CITY OF REDMOND, OR CITY OF REEDSPORT, OR CITY OF RIDDLE, OR CITY OF ROGUE RIVER, OR CITY OF ROSEBURG, OR CITY OF SALEM, OR CITY OF SANDY, OR CITY OF SCAPPOOSE, OR CITY OF SHADY COVE, OR CITY OF SHERWOOD, OR CITY OF SHREVEPORT, LA CITY OF SILVERTON, OR CITY OF SPRINGFIELD, OR CITY OF ST. HELENS, OR CITY OF ST. PAUL, OR CITY OF SULPHUR, LA Requirements for National Cooperative Contract Page 42 of 55 CITY OF TIGARD, OR CITY OF TROUTDALE, OR CITY OF TUALATIN, OR CITY OF WALKER, LA CITY OF WARRENTON, OR CITY OF WEST LINN, OR CITY OF WILSONVILLE, OR CITY OF WINSTON, OR CITY OF WOODBURN, OR LEAGUE OF OREGON CITES THE CITY OF HAPPY VALLEY OREGON ALPINE, UT ALTA, UT ALTAMONT, UT ALTON, UT AMALGA, UT AMERICAN FORK CITY, UT ANNABELLA, UT ANTIMONY, UT APPLE VALLEY, UT AURORA, UT BALLARD, UT BEAR RIVER CITY, UT BEAVER, UT BICKNELL, UT BIG WATER, UT BLANDING, UT BLUFFDALE, UT BOULDER, UT CITY OF BOUNTIFUL, UT BRIAN HEAD, UT BRIGHAM CITY CORPORATION, UT BRYCE CANYON CITY, UT CANNONVILLE, UT CASTLE DALE, UT CASTLE VALLEY, UT CITY OF CEDAR CITY, UT CEDAR FORT, UT CITY OF CEDAR HILLS, UT CENTERFIELD, UT CENTERVILLE CITY CORPORATION, UT CENTRAL VALLEY, UT CHARLESTON, UT CIRCLEVILLE, UT CLARKSTON, UT CLAWSON, UT CLEARFIELD, UT CLEVELAND, UT CLINTON CITY CORPORATION, UT COALVILLE, UT CORINNE, UT CORNISH, UT COTTONWOOD HEIGHTS, UT DANIEL, UT DELTA, UT DEWEYVILLE, UT DRAPER CITY, UT DUCHESNE, UT EAGLE MOUNTAIN, UT EAST CARBON, UT ELK RIDGE, UT ELMO, UT ELSINORE, UT ELWOOD, UT EMERY, UT ENOCH, UT ENTERPRISE, UT EPHRAIM, UT ESCALANTE, UT EUREKA, UT FAIRFIELD, UT FAIRVIEW, UT FARMINGTON, UT FARR WEST, UT FAYETTE, UT FERRON, UT FIELDING, UT FILLMORE, UT FOUNTAIN GREEN, UT FRANCIS, UT FRUIT HEIGHTS, UT GARDEN CITY, UT GARLAND, UT GENOLA, UT GLENDALE, UT GLENWOOD, UT GOSHEN, UT GRANTSVILLE, UT GREEN RIVER, UT GUNNISON, UT HANKSVILLE, UT HARRISVILLE, UT HATCH, UT HEBER CITY CORPORATION, UT HELPER, UT HENEFER, UT HENRIEVILLE, UT HERRIMAN, UT HIDEOUT, UT HIGHLAND, UT HILDALE, UT HINCKLEY, UT HOLDEN, UT HOLLADAY, UT HONEYVILLE, UT HOOPER, UT HOWELL, UT HUNTINGTON, UT HUNTSVILLE, UT CITY OF HURRICANE, UT HYDE PARK, UT HYRUM, UT INDEPENDENCE, UT IVINS, UT JOSEPH, UT JUNCTION, UT KAMAS, UT KANAB, UT KANARRAVILLE, UT KANOSH, UT KAYSVILLE, UT KINGSTON, UT KOOSHAREM, UT LAKETOWN, UT LA VERKIN, UT LAYTON, UT LEAMINGTON, UT LEEDS, UT LEHI CITY CORPORATION, UT LEVAN, UT Requirements for National Cooperative Contract Page 43 of 55 LEWISTON, UT LINDON, UT LOA, UT LOGAN CITY, UT LYMAN, UT LYNNDYL, UT MANILA, UT MANTI, UT MANTUA, UT MAPLETON, UT MARRIOTT-SLATERVILLE, UT MARYSVALE, UT MAYFIELD, UT MEADOW, UT MENDON, UT MIDVALE CITY INC., UT MIDWAY, UT MILFORD, UT MILLVILLE, UT MINERSVILLE, UT MOAB, UT MONA, UT MONROE, UT CITY OF MONTICELLO, UT MORGAN, UT MORONI, UT MOUNT PLEASANT, UT MURRAY CITY CORPORATION, UT MYTON, UT NAPLES, UT NEPHI, UT NEW HARMONY, UT NEWTON, UT NIBLEY, UT NORTH LOGAN, UT NORTH OGDEN, UT NORTH SALT LAKE CITY, UT OAK CITY, UT OAKLEY, UT OGDEN CITY CORPORATION, UT OPHIR, UT ORANGEVILLE, UT ORDERVILLE, UT OREM, UT PANGUITCH, UT PARADISE, UT PARAGONAH, UT PARK CITY, UT PAROWAN, UT PAYSON, UT PERRY, UT PLAIN CITY, UT PLEASANT GROVE CITY, UT PLEASANT VIEW, UT PLYMOUTH, UT PORTAGE, UT PRICE, UT PROVIDENCE, UT PROVO, UT RANDOLPH, UT REDMOND, UT RICHFIELD, UT RICHMOND, UT RIVERDALE, UT RIVER HEIGHTS, UT RIVERTON CITY, UT ROCKVILLE, UT ROCKY RIDGE, UT ROOSEVELT CITY CORPORATION, UT ROY, UT RUSH VALLEY, UT CITY OF ST. GEORGE, UT SALEM, UT SALINA, UT SALT LAKE CITY CORPORATION, UT SANDY, UT SANTA CLARA, UT SANTAQUIN, UT SARATOGA SPRINGS, UT SCIPIO, UT SCOFIELD, UT SIGURD, UT SMITHFIELD, UT SNOWVILLE, UT CITY OF SOUTH JORDAN, UT SOUTH OGDEN, UT CITY OF SOUTH SALT LAKE, UT SOUTH WEBER, UT SPANISH FORK, UT SPRING CITY, UT SPRINGDALE, UT SPRINGVILLE, UT STERLING, UT STOCKTON, UT SUNNYSIDE, UT SUNSET CITY CORP, UT SYRACUSE, UT TABIONA, UT CITY OF TAYLORSVILLE, UT TOOELE CITY CORPORATION, UT TOQUERVILLE, UT TORREY, UT TREMONTON CITY, UT TRENTON, UT TROPIC, UT UINTAH, UT VERNAL CITY, UT VERNON, UT VINEYARD, UT VIRGIN, UT WALES, UT WALLSBURG, UT WASHINGTON CITY, UT WASHINGTON TERRACE, UT WELLINGTON, UT WELLSVILLE, UT WENDOVER, UT WEST BOUNTIFUL, UT WEST HAVEN, UT WEST JORDAN, UT WEST POINT, UT WEST VALLEY CITY, UT WILLARD, UT WOODLAND HILLS, UT WOODRUFF, UT WOODS CROSS, UT COUNTIES AND PARISHES INCLUDING BUT NOT LIMITED TO: ASCENSION PARISH, LA Requirements for National Cooperative Contract Page 44 of 55 ASCENSION PARISH, LA, CLEAR OF COURT CADDO PARISH, LA CALCASIEU PARISH, LA CALCASIEU PARISH SHERIFF’S OFFICE, LA CITY AND COUNTY OF HONOLULU, HI CLACKAMAS COUNTY, OR CLACKAMAS COUNTY DEPT OF TRANSPORTATION, OR CLATSOP COUNTY, OR COLUMBIA COUNTY, OR COOS COUNTY, OR COOS COUNTY HIGHWAY DEPARTMENT, OR COUNTY OF HAWAII, OR CROOK COUNTY, OR CROOK COUNTY ROAD DEPARTMENT, OR CURRY COUNTY, OR DESCHUTES COUNTY, OR DOUGLAS COUNTY, OR EAST BATON ROUGE PARISH, LA GILLIAM COUNTY, OR GRANT COUNTY, OR HARNEY COUNTY, OR HARNEY COUNTY SHERIFFS OFFICE, OR HAWAII COUNTY, HI HOOD RIVER COUNTY, OR JACKSON COUNTY, OR JEFFERSON COUNTY, OR JEFFERSON PARISH, LA JOSEPHINE COUNTY GOVERNMENT, OR LAFAYETTE CONSOLIDATED GOVERNMENT, LA LAFAYETTE PARISH, LA LAFAYETTE PARISH CONVENTION & VISITORS COMMISSION LAFOURCHE PARISH, LA KAUAI COUNTY, HI KLAMATH COUNTY, OR LAKE COUNTY, OR LANE COUNTY, OR LINCOLN COUNTY, OR LINN COUNTY, OR LIVINGSTON PARISH, LA MALHEUR COUNTY, OR MAUI COUNTY, HI MARION COUNTY, SALEM, OR MORROW COUNTY, OR MULTNOMAH COUNTY, OR MULTNOMAH COUNTY BUSINESS AND COMMUNITY SERVICES, OR MULTNOMAH COUNTY SHERIFFS OFFICE, OR MULTNOMAH LAW LIBRARY, OR ORLEANS PARISH, LA PLAQUEMINES PARISH, LA POLK COUNTY, OR RAPIDES PARISH, LA SAINT CHARLES PARISH, LA SAINT CHARLES PARISH PUBLIC SCHOOLS, LA SAINT LANDRY PARISH, LA SAINT TAMMANY PARISH, LA SHERMAN COUNTY, OR TERREBONNE PARISH, LA TILLAMOOK COUNTY, OR TILLAMOOK COUNTY SHERIFF'S OFFICE, OR TILLAMOOK COUNTY GENERAL HOSPITAL, OR UMATILLA COUNTY, OR UNION COUNTY, OR WALLOWA COUNTY, OR WASCO COUNTY, OR WASHINGTON COUNTY, OR WEST BATON ROUGE PARISH, LA WHEELER COUNTY, OR YAMHILL COUNTY, OR COUNTY OF BOX ELDER, UT COUNTY OF CACHE, UT COUNTY OF RICH, UT COUNTY OF WEBER, UT COUNTY OF MORGAN, UT COUNTY OF DAVIS, UT COUNTY OF SUMMIT, UT COUNTY OF DAGGETT, UT COUNTY OF SALT LAKE, UT COUNTY OF TOOELE, UT COUNTY OF UTAH, UT COUNTY OF WASATCH, UT COUNTY OF DUCHESNE, UT COUNTY OF UINTAH, UT COUNTY OF CARBON, UT COUNTY OF SANPETE, UT COUNTY OF JUAB, UT COUNTY OF MILLARD, UT COUNTY OF SEVIER, UT COUNTY OF EMERY, UT COUNTY OF GRAND, UT COUNTY OF BEVER, UT COUNTY OF PIUTE, UT COUNTY OF WAYNE, UT COUNTY OF SAN JUAN, UT COUNTY OF GARFIELD, UT COUNTY OF KANE, UT COUNTY OF IRON, UT COUNTY OF WASHINGTON, UT OTHER AGENCIES INCLUDING ASSOCIATIONS, BOARDS, DISTRICTS, COMMISSIONS, COUNCILS, PUBLIC CORPORATIONS, PUBLIC DEVELOPMENT AUTHORITIES, RESERVATIONS AND UTILITIES INCLUDING BUT NOT LIMITED TO: ADAIR R.F.P.D., OR ADEL WATER IMPROVEMENT DISTRICT, OR ADRIAN R.F.P.D., OR AGNESS COMMUNITY LIBRARY, OR AGNESS-ILLAHE R.F.P.D., OR AGRICULTURE EDUCATION SERVICE EXTENSION DISTRICT, OR ALDER CREEK-BARLOW WATER DISTRICT NO. 29, OR ALFALFA FIRE DISTRICT, OR ALSEA R.F.P.D., OR ALSEA RIVIERA WATER IMPROVEMENT DISTRICT, OR AMITY FIRE DISTRICT, OR ANTELOPE MEADOWS SPECIAL ROAD DISTRICT, OR APPLE ROGUE DISTRICT IMPROVEMENT COMPANY, OR APPLEGATE VALLEY R.F.P.D. #9, OR ARCH CAPE DOMESTIC WATER SUPPLY DISTRICT, OR ARCH CAPE SANITARY DISTRICT, OR ARNOLD IRRIGATION DISTRICT, OR ASH CREEK WATER CONTROL DISTRICT, OR ATHENA CEMETERY MAINTENANCE DISTRICT, OR Requirements for National Cooperative Contract Page 45 of 55 AUMSVILLE R.F.P.D., OR AURORA R.F.P.D., OR AZALEA R.F.P.D., OR BADGER IMPROVEMENT DISTRICT, OR BAILEY-SPENCER R.F.P.D., OR BAKER COUNTY LIBRARY DISTRICT, OR BAKER R.F.P.D., OR BAKER RIVERTON ROAD DISTRICT, OR BAKER VALLEY IRRIGATION DISTRICT, OR BAKER VALLEY S.W.C.D., OR BAKER VALLEY VECTOR CONTROL DISTRICT, OR BANDON CRANBERRY WATER CONTROL DISTRICT, OR BANDON R.F.P.D., OR BANKS FIRE DISTRICT, OR BANKS FIRE DISTRICT #13, OR BAR L RANCH ROAD DISTRICT, OR BARLOW WATER IMPROVEMENT DISTRICT, OR BASIN AMBULANCE SERVICE DISTRICT, OR BASIN TRANSIT SERVICE TRANSPORTATION DISTRICT, OR BATON ROUGE WATER COMPANY BAY AREA HEALTH DISTRICT, OR BAYSHORE SPECIAL ROAD DISTRICT, OR BEAR VALLEY SPECIAL ROAD DISTRICT, OR BEAVER CREEK WATER CONTROL DISTRICT, OR BEAVER DRAINAGE IMPROVEMENT COMPANY, INC., OR BEAVER SLOUGH DRAINAGE DISTRICT, OR BEAVER SPECIAL ROAD DISTRICT, OR BEAVER WATER DISTRICT, OR BELLE MER S.I.G.L. TRACTS SPECIAL ROAD DISTRICT, OR BEND METRO PARK AND RECREATION DISTRICT BENTON S.W.C.D., OR BERNDT SUBDIVISION WATER IMPROVEMENT DISTRICT, OR BEVERLY BEACH WATER DISTRICT, OR BIENVILLE PARISH FIRE PROTECTION DISTRICT 6, LA BIG BEND IRRIGATION DISTRICT, OR BIGGS SERVICE DISTRICT, OR BLACK BUTTE RANCH DEPARTMENT OF POLICE SERVICES, OR BLACK BUTTE RANCH R.F.P.D., OR BLACK MOUNTAIN WATER DISTRICT, OR BLODGETT-SUMMIT R.F.P.D., OR BLUE MOUNTAIN HOSPITAL DISTRICT, OR BLUE MOUNTAIN TRANSLATOR DISTRICT, OR BLUE RIVER PARK & RECREATION DISTRICT, OR BLUE RIVER WATER DISTRICT, OR BLY R.F.P.D., OR BLY VECTOR CONTROL DISTRICT, OR BLY WATER AND SANITARY DISTRICT, OR BOARDMAN CEMETERY MAINTENANCE DISTRICT, OR BOARDMAN PARK AND RECREATION DISTRICT BOARDMAN R.F.P.D., OR BONANZA BIG SPRINGS PARK & RECREATION DISTRICT, OR BONANZA MEMORIAL PARK CEMETERY DISTRICT, OR BONANZA R.F.P.D., OR BONANZA-LANGELL VALLEY VECTOR CONTROL DISTRICT, OR BORING WATER DISTRICT #24, OR BOULDER CREEK RETREAT SPECIAL ROAD DISTRICT, OR BRIDGE R.F.P.D., OR BROOKS COMMUNITY SERVICE DISTRICT, OR BROWNSVILLE R.F.P.D., OR BUELL-RED PRAIRIE WATER DISTRICT, OR BUNKER HILL R.F.P.D. #1, OR BUNKER HILL SANITARY DISTRICT, OR BURLINGTON WATER DISTRICT, OR BURNT RIVER IRRIGATION DISTRICT, OR BURNT RIVER S.W.C.D., OR CALAPOOIA R.F.P.D., OR CAMAS VALLEY R.F.P.D., OR CAMELLIA PARK SANITARY DISTRICT, OR CAMMANN ROAD DISTRICT, OR CAMP SHERMAN ROAD DISTRICT, OR CANBY AREA TRANSIT, OR CANBY R.F.P.D. #62, OR CANBY UTILITY BOARD, OR CANNON BEACH R.F.P.D., OR CANYONVILLE SOUTH UMPQUA FIRE DISTRICT, OR CAPE FERRELO R.F.P.D., OR CAPE FOULWEATHER SANITARY DISTRICT, OR CARLSON PRIMROSE SPECIAL ROAD DISTRICT, OR CARMEL BEACH WATER DISTRICT, OR CASCADE VIEW ESTATES TRACT 2, OR CEDAR CREST SPECIAL ROAD DISTRICT, OR CEDAR TRAILS SPECIAL ROAD DISTRICT, OR CEDAR VALLEY - NORTH BANK R.F.P.D., OR CENTRAL CASCADES FIRE AND EMS, OR CENTRAL CITY ECONOMIC OPPORTUNITY CORP, LA CENTRAL LINCOLN P.U.D., OR CENTRAL OREGON COAST FIRE & RESCUE DISTRICT, OR CENTRAL OREGON INTERGOVERNMENTAL COUNCIL CENTRAL OREGON IRRIGATION DISTRICT, OR CHAPARRAL WATER CONTROL DISTRICT, OR CHARLESTON FIRE DISTRICT, OR CHARLESTON SANITARY DISTRICT, OR CHARLOTTE ANN WATER DISTRICT, OR CHEHALEM PARK & RECREATION DISTRICT, OR CHEHALEM PARK AND RECREATION DISTRICT CHEMULT R.F.P.D., OR CHENOWITH WATER P.U.D., OR CHERRIOTS, OR CHETCO COMMUNITY PUBLIC LIBRARY DISTRICT, OR CHILOQUIN VECTOR CONTROL DISTRICT, OR CHILOQUIN-AGENCY LAKE R.F.P.D., OR CHINOOK DRIVE SPECIAL ROAD DISTRICT, OR CHR DISTRICT IMPROVEMENT COMPANY, OR CHRISTMAS VALLEY DOMESTIC WATER DISTRICT, OR CHRISTMAS VALLEY PARK & RECREATION DISTRICT, OR CHRISTMAS VALLEY R.F.P.D., OR CITY OF BOGALUSA SCHOOL BOARD, LA CLACKAMAS COUNTY FIRE DISTRICT #1, OR CLACKAMAS COUNTY SERVICE DISTRICT #1, OR CLACKAMAS COUNTY VECTOR CONTROL DISTRICT, OR CLACKAMAS RIVER WATER CLACKAMAS RIVER WATER, OR Requirements for National Cooperative Contract Page 46 of 55 CLACKAMAS S.W.C.D., OR CLATSKANIE DRAINAGE IMPROVEMENT COMPANY, OR CLATSKANIE LIBRARY DISTRICT, OR CLATSKANIE P.U.D., OR CLATSKANIE PARK & RECREATION DISTRICT, OR CLATSKANIE PEOPLE'S UTILITY DISTRICT CLATSKANIE R.F.P.D., OR CLATSOP CARE CENTER HEALTH DISTRICT, OR CLATSOP COUNTY S.W.C.D., OR CLATSOP DRAINAGE IMPROVEMENT COMPANY #15, INC., OR CLEAN WATER SERVICES CLEAN WATER SERVICES, OR CLOVERDALE R.F.P.D., OR CLOVERDALE SANITARY DISTRICT, OR CLOVERDALE WATER DISTRICT, OR COALEDO DRAINAGE DISTRICT, OR COBURG FIRE DISTRICT, OR COLESTIN RURAL FIRE DISTRICT, OR COLTON R.F.P.D., OR COLTON WATER DISTRICT #11, OR COLUMBIA 911 COMMUNICATIONS DISTRICT, OR COLUMBIA COUNTY 4-H & EXTENSION SERVICE DISTRICT, OR COLUMBIA DRAINAGE VECTOR CONTROL, OR COLUMBIA IMPROVEMENT DISTRICT, OR COLUMBIA R.F.P.D., OR COLUMBIA RIVER FIRE & RESCUE, OR COLUMBIA RIVER PUD, OR COLUMBIA S.W.C.D., OR COLUMBIA S.W.C.D., OR CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION COOS COUNTY AIRPORT DISTRICT, OR COOS COUNTY AIRPORT DISTRICT, OR COOS COUNTY AREA TRANSIT SERVICE DISTRICT, OR COOS COUNTY AREA TRANSIT SERVICE DISTRICT, OR COOS FOREST PROTECTIVE ASSOCIATION COOS S.W.C.D., OR COQUILLE R.F.P.D., OR COQUILLE VALLEY HOSPITAL DISTRICT, OR CORBETT WATER DISTRICT, OR CORNELIUS R.F.P.D., OR CORP RANCH ROAD WATER IMPROVEMENT, OR CORVALLIS R.F.P.D., OR COUNTRY CLUB ESTATES SPECIAL WATER DISTRICT, OR COUNTRY CLUB WATER DISTRICT, OR COUNTRY ESTATES ROAD DISTRICT, OR COVE CEMETERY MAINTENANCE DISTRICT, OR COVE ORCHARD SEWER SERVICE DISTRICT, OR COVE R.F.P.D., OR CRESCENT R.F.P.D., OR CRESCENT SANITARY DISTRICT, OR CRESCENT WATER SUPPLY AND IMPROVEMENT DISTRICT, OR CROOK COUNTY AGRICULTURE EXTENSION SERVICE DISTRICT, OR CROOK COUNTY CEMETERY DISTRICT, OR CROOK COUNTY FIRE AND RESCUE, OR CROOK COUNTY PARKS & RECREATION DISTRICT, OR CROOK COUNTY S.W.C.D., OR CROOK COUNTY VECTOR CONTROL DISTRICT, OR CROOKED RIVER RANCH R.F.P.D., OR CROOKED RIVER RANCH SPECIAL ROAD DISTRICT, OR CRYSTAL SPRINGS WATER DISTRICT, OR CURRY COUNTY 4-H & EXTENSION SERVICE DISTRICT, OR CURRY COUNTY PUBLIC TRANSIT SERVICE DISTRICT, OR CURRY COUNTY S.W.C.D., OR CURRY HEALTH DISTRICT, OR CURRY PUBLIC LIBRARY DISTRICT, OR DALLAS CEMETERY DISTRICT #4, OR DARLEY DRIVE SPECIAL ROAD DISTRICT, OR DAVID CROCKETT STEAM FIRE COMPANY #1, LA DAYS CREEK R.F.P.D., OR DAYTON FIRE DISTRICT, OR DEAN MINARD WATER DISTRICT, OR DEE IRRIGATION DISTRICT, OR DEER ISLAND DRAINAGE IMPROVEMENT COMPANY, OR DELL BROGAN CEMETERY MAINTENANCE DISTRICT, OR DEPOE BAY R.F.P.D., OR DESCHUTES COUNTY 911 SERVICE DISTRICT, OR DESCHUTES COUNTY R.F.P.D. #2, OR DESCHUTES PUBLIC LIBRARY DISTRICT, OR DESCHUTES S.W.C.D., OR DESCHUTES VALLEY WATER DISTRICT, OR DEVILS LAKE WATER IMPROVEMENT DISTRICT, OR DEXTER R.F.P.D., OR DEXTER SANITARY DISTRICT, OR DORA-SITKUM R.F.P.D., OR DOUGLAS COUNTY FIRE DISTRICT #2, OR DOUGLAS S.W.C.D., OR DRAKES CROSSING R.F.P.D., OR DRRH SPECIAL ROAD DISTRICT #6, OR DRY GULCH DITCH DISTRICT IMPROVEMENT COMPANY, OR DUFUR RECREATION DISTRICT, OR DUMBECK LANE DOMESTIC WATER SUPPLY, OR DUNDEE R.F.P.D., OR DURKEE COMMUNITY BUILDING PRESERVATION DISTRICT, OR EAGLE POINT IRRIGATION DISTRICT, OR EAGLE VALLEY CEMETERY MAINTENANCE DISTRICT, OR EAGLE VALLEY R.F.P.D., OR EAGLE VALLEY S.W.C.D., OR EAST FORK IRRIGATION DISTRICT, OR EAST MULTNOMAH S.W.C.D., OR EAST SALEM SERVICE DISTRICT, OR EAST UMATILLA CHEMICAL CONTROL DISTRICT, OR EAST UMATILLA COUNTY AMBULANCE AREA HEALTH DISTRICT, OR EAST UMATILLA COUNTY R.F.P.D., OR EAST VALLEY WATER DISTRICT, OR ELGIN COMMUNITY PARKS & RECREATION DISTRICT, OR ELGIN HEALTH DISTRICT, OR ELGIN R.F.P.D., OR ELKTON ESTATES PHASE II SPECIAL ROAD DISTRICT, OR Requirements for National Cooperative Contract Page 47 of 55 ELKTON R.F.P.D., OR EMERALD P.U.D., OR ENTERPRISE IRRIGATION DISTRICT, OR ESTACADA CEMETERY MAINTENANCE DISTRICT, OR ESTACADA R.F.P.D. #69, OR EUGENE R.F.P.D. # 1, OR EUGENE WATER AND ELECTRIC BOARD EVANS VALLEY FIRE DISTRICT #6, OR FAIR OAKS R.F.P.D., OR FAIRVIEW R.F.P.D., OR FAIRVIEW WATER DISTRICT, OR FALCON HEIGHTS WATER AND SEWER, OR FALCON-COVE BEACH WATER DISTRICT, OR FALL RIVER ESTATES SPECIAL ROAD DISTRICT, OR FARGO INTERCHANGE SERVICE DISTRICT, OR FARMERS IRRIGATION DISTRICT, OR FAT ELK DRAINAGE DISTRICT, OR FERN RIDGE PUBLIC LIBRARY DISTRICT, OR FERN VALLEY ESTATES IMPROVEMENT DISTRICT, OR FOR FAR ROAD DISTRICT, OR FOREST GROVE R.F.P.D., OR FOREST VIEW SPECIAL ROAD DISTRICT, OR FORT ROCK-SILVER LAKE S.W.C.D., OR FOUR RIVERS VECTOR CONTROL DISTRICT, OR FOX CEMETERY MAINTENANCE DISTRICT, OR GARDINER R.F.P.D., OR GARDINER SANITARY DISTRICT, OR GARIBALDI R.F.P.D., OR GASTON R.F.P.D., OR GATES R.F.P.D., OR GEARHART R.F.P.D., OR GILLIAM S.W.C.D., OR GLENDALE AMBULANCE DISTRICT, OR GLENDALE R.F.P.D., OR GLENEDEN BEACH SPECIAL ROAD DISTRICT, OR GLENEDEN SANITARY DISTRICT, OR GLENWOOD WATER DISTRICT, OR GLIDE - IDLEYLD SANITARY DISTRICT, OR GLIDE R.F.P.D., OR GOLD BEACH - WEDDERBURN R.F.P.D., OR GOLD HILL IRRIGATION DISTRICT, OR GOLDFINCH ROAD DISTRICT, OR GOSHEN R.F.P.D., OR GOVERNMENT CAMP ROAD DISTRICT, OR GOVERNMENT CAMP SANITARY DISTRICT, OR GRAND PRAIRIE WATER CONTROL DISTRICT, OR GRAND RONDE SANITARY DISTRICT, OR GRANT COUNTY TRANSPORTATION DISTRICT, OR GRANT S.W.C.D., OR GRANTS PASS IRRIGATION DISTRICT, OR GREATER BOWEN VALLEY R.F.P.D., OR GREATER ST. HELENS PARK & RECREATION DISTRICT, OR GREATER TOLEDO POOL RECREATION DISTRICT, OR GREEN KNOLLS SPECIAL ROAD DISTRICT, OR GREEN SANITARY DISTRICT, OR GREENACRES R.F.P.D., OR GREENBERRY IRRIGATION DISTRICT, OR GREENSPRINGS RURAL FIRE DISTRICT, OR HAHLEN ROAD SPECIAL DISTRICT, OR HAINES CEMETERY MAINTENANCE DISTRICT, OR HAINES FIRE PROTECTION DISTRICT, OR HALSEY-SHEDD R.F.P.D., OR HAMLET R.F.P.D., OR HARBOR R.F.P.D., OR HARBOR SANITARY DISTRICT, OR HARBOR WATER P.U.D., OR HARNEY COUNTY HEALTH DISTRICT, OR HARNEY S.W.C.D., OR HARPER SOUTH SIDE IRRIGATION DISTRICT, OR HARRISBURG FIRE AND RESCUE, OR HAUSER R.F.P.D., OR HAZELDELL RURAL FIRE DISTRICT, OR HEBO JOINT WATER-SANITARY AUTHORITY, OR HECETA WATER P.U.D., OR HELIX CEMETERY MAINTENANCE DISTRICT #4, OR HELIX PARK & RECREATION DISTRICT, OR HELIX R.F.P.D. #7-411, OR HEPPNER CEMETERY MAINTENANCE DISTRICT, OR HEPPNER R.F.P.D., OR HEPPNER WATER CONTROL DISTRICT, OR HEREFORD COMMUNITY HALL RECREATION DISTRICT, OR HERMISTON CEMETERY DISTRICT, OR HERMISTON IRRIGATION DISTRICT, OR HIDDEN VALLEY MOBILE ESTATES IMPROVEMENT DISTRICT, OR HIGH DESERT PARK & RECREATION DISTRICT, OR HIGHLAND SUBDIVISION WATER DISTRICT, OR HONOLULU INTERNATIONAL AIRPORT HOOD RIVER COUNTY LIBRARY DISTRICT, OR HOOD RIVER COUNTY TRANSPORTATION DISTRICT, OR HOOD RIVER S.W.C.D., OR HOOD RIVER VALLEY PARKS & RECREATION DISTRICT, OR HOODLAND FIRE DISTRICT #74 HOODLAND FIRE DISTRICT #74, OR HORSEFLY IRRIGATION DISTRICT, OR HOSKINS-KINGS VALLEY R.F.P.D., OR HOUSING AUTHORITY OF PORTLAND HUBBARD R.F.P.D., OR HUDSON BAY DISTRICT IMPROVEMENT COMPANY, OR I N (KAY) YOUNG DITCH DISTRICT IMPROVEMENT COMPANY, OR ICE FOUNTAIN WATER DISTRICT, OR IDAHO POINT SPECIAL ROAD DISTRICT, OR IDANHA-DETROIT RURAL FIRE PROTECTION DISTRICT, OR ILLINOIS VALLEY FIRE DISTRICT ILLINOIS VALLEY R.F.P.D., OR ILLINOIS VALLEY S.W.C.D., OR IMBLER R.F.P.D., OR INTERLACHEN WATER P.U.D., OR IONE LIBRARY DISTRICT, OR IONE R.F.P.D. #6-604, OR IRONSIDE CEMETERY MAINTENANCE DISTRICT, OR IRONSIDE RURAL ROAD DISTRICT #5, OR IRRIGON PARK & RECREATION DISTRICT, OR IRRIGON R.F.P.D., OR ISLAND CITY AREA SANITATION DISTRICT, OR ISLAND CITY CEMETERY MAINTENANCE DISTRICT, OR JACK PINE VILLAGE SPECIAL ROAD DISTRICT, OR JACKSON COUNTY FIRE DISTRICT #3, OR JACKSON COUNTY FIRE DISTRICT #4, OR Requirements for National Cooperative Contract Page 48 of 55 JACKSON COUNTY FIRE DISTRICT #5, OR JACKSON COUNTY LIBRARY DISTRICT, OR JACKSON COUNTY VECTOR CONTROL DISTRICT, OR JACKSON S.W.C.D., OR JASPER KNOLLS WATER DISTRICT, OR JEFFERSON COUNTY EMERGENCY MEDICAL SERVICE DISTRICT, OR JEFFERSON COUNTY FIRE DISTRICT #1, OR JEFFERSON COUNTY LIBRARY DISTRICT, OR JEFFERSON COUNTY S.W.C.D., OR JEFFERSON PARK & RECREATION DISTRICT, OR JEFFERSON R.F.P.D., OR JOB'S DRAINAGE DISTRICT, OR JOHN DAY WATER DISTRICT, OR JOHN DAY-CANYON CITY PARKS & RECREATION DISTRICT, OR JOHN DAY-FERNHILL R.F.P.D. #5-108, OR JORDAN VALLEY CEMETERY DISTRICT, OR JORDAN VALLEY IRRIGATION DISTRICT, OR JOSEPHINE COMMUNITY LIBRARY DISTRICT, OR JOSEPHINE COUNTY 4-H & EXTENSION SERVICE DISTRICT, OR JOSEPHINE COUNTY 911 AGENCY, OR JUNCTION CITY R.F.P.D., OR JUNCTION CITY WATER CONTROL DISTRICT, OR JUNIPER BUTTE ROAD DISTRICT, OR JUNIPER CANYON WATER CONTROL DISTRICT, OR JUNIPER FLAT DISTRICT IMPROVEMENT COMPANY, OR JUNIPER FLAT R.F.P.D., OR JUNO NONPROFIT WATER IMPROVEMENT DISTRICT, OR KEATING R.F.P.D., OR KEATING S.W.C.D., OR KEIZER R.F.P.D., OR KELLOGG RURAL FIRE DISTRICT, OR KENO IRRIGATION DISTRICT, OR KENO PINES ROAD DISTRICT, OR KENO R.F.P.D., OR KENT WATER DISTRICT, OR KERBY WATER DISTRICT, OR K-GB-LB WATER DISTRICT, OR KILCHIS WATER DISTRICT, OR KLAMATH 9-1-1 COMMUNICATIONS DISTRICT, OR KLAMATH BASIN IMPROVEMENT DISTRICT, OR KLAMATH COUNTY DRAINAGE SERVICE DISTRICT, OR KLAMATH COUNTY EXTENSION SERVICE DISTRICT, OR KLAMATH COUNTY FIRE DISTRICT #1, OR KLAMATH COUNTY FIRE DISTRICT #3, OR KLAMATH COUNTY FIRE DISTRICT #4, OR KLAMATH COUNTY FIRE DISTRICT #5, OR KLAMATH COUNTY LIBRARY SERVICE DISTRICT, OR KLAMATH COUNTY PREDATORY ANIMAL CONTROL DISTRICT, OR KLAMATH DRAINAGE DISTRICT, OR KLAMATH FALLS FOREST ESTATES SPECIAL ROAD DISTRICT UNIT #2, OR KLAMATH INTEROPERABILITY RADIO GROUP, OR KLAMATH IRRIGATION DISTRICT, OR KLAMATH RIVER ACRES SPECIAL ROAD DISTRICT, OR KLAMATH S.W.C.D., OR KLAMATH VECTOR CONTROL DISTRICT, OR KNAPPA-SVENSEN-BURNSIDE R.F.P.D., OR LA GRANDE CEMETERY MAINTENANCE DISTRICT, OR LA GRANDE R.F.P.D., OR LA PINE PARK & RECREATION DISTRICT, OR LA PINE R.F.P.D., OR LABISH VILLAGE SEWAGE & DRAINAGE, OR LACOMB IRRIGATION DISTRICT, OR LAFAYETTE AIRPORT COMMISSION, LA LAFOURCHE PARISH HEALTH UNIT – DHH-OPH REGION 3 LAIDLAW WATER DISTRICT, OR LAKE CHINOOK FIRE & RESCUE, OR LAKE COUNTY 4-H & EXTENSION SERVICE DISTRICT, OR LAKE COUNTY LIBRARY DISTRICT, OR LAKE CREEK R.F.P.D. - JACKSON, OR LAKE CREEK R.F.P.D. - LANE COUNTY, OR LAKE DISTRICT HOSPITAL, OR LAKE GROVE R.F.P.D. NO. 57, OR LAKE GROVE WATER DISTRICT, OR LAKE LABISH WATER CONTROL DISTRICT, OR LAKE POINT SPECIAL ROAD DISTRICT, OR LAKESIDE R.F.P.D. #4, OR LAKESIDE WATER DISTRICT, OR LAKEVIEW R.F.P.D., OR LAKEVIEW S.W.C.D., OR LAMONTAI IMPROVEMENT DISTRICT, OR LANE FIRE AUTHORITY, OR LANE LIBRARY DISTRICT, OR LANE TRANSIT DISTRICT, OR LANGELL VALLEY IRRIGATION DISTRICT, OR LANGLOIS PUBLIC LIBRARY, OR LANGLOIS R.F.P.D., OR LANGLOIS WATER DISTRICT, OR LAZY RIVER SPECIAL ROAD DISTRICT, OR LEBANON AQUATIC DISTRICT, OR LEBANON R.F.P.D., OR LEWIS & CLARK R.F.P.D., OR LINCOLN COUNTY LIBRARY DISTRICT, OR LINCOLN S.W.C.D., OR LINN COUNTY EMERGENCY TELEPHONE AGENCY, OR LINN S.W.C.D., OR LITTLE MUDDY CREEK WATER CONTROL, OR LITTLE NESTUCCA DRAINAGE DISTRICT, OR LITTLE SWITZERLAND SPECIAL ROAD DISTRICT, OR LONE PINE IRRIGATION DISTRICT, OR LONG PRAIRIE WATER DISTRICT, OR LOOKINGGLASS OLALLA WATER CONTROL DISTRICT, OR LOOKINGGLASS RURAL FIRE DISTRICT, OR LORANE R.F.P.D., OR LOST & BOULDER DITCH IMPROVEMENT DISTRICT, OR LOST CREEK PARK SPECIAL ROAD DISTRICT, OR LOUISIANA PUBLIC SERVICE COMMISSION, LA LOUISIANA WATER WORKS LOWELL R.F.P.D., OR LOWER MCKAY CREEK R.F.P.D., OR LOWER MCKAY CREEK WATER CONTROL DISTRICT, OR LOWER POWDER RIVER IRRIGATION DISTRICT, OR LOWER SILETZ WATER DISTRICT, OR Requirements for National Cooperative Contract Page 49 of 55 LOWER UMPQUA HOSPITAL DISTRICT, OR LOWER UMPQUA PARK & RECREATION DISTRICT, OR LOWER VALLEY WATER IMPROVEMENT DISTRICT, OR LUCE LONG DITCH DISTRICT IMPROVEMENT CO., OR LUSTED WATER DISTRICT, OR LYONS R.F.P.D., OR LYONS-MEHAMA WATER DISTRICT, OR MADRAS AQUATIC CENTER DISTRICT, OR MAKAI SPECIAL ROAD DISTRICT, OR MALHEUR COUNTY S.W.C.D., OR MALHEUR COUNTY VECTOR CONTROL DISTRICT, OR MALHEUR DISTRICT IMPROVEMENT COMPANY, OR MALHEUR DRAINAGE DISTRICT, OR MALHEUR MEMORIAL HEALTH DISTRICT, OR MALIN COMMUNITY CEMETERY MAINTENANCE DISTRICT, OR MALIN COMMUNITY PARK & RECREATION DISTRICT, OR MALIN IRRIGATION DISTRICT, OR MALIN R.F.P.D., OR MAPLETON FIRE DEPARTMENT, OR MAPLETON WATER DISTRICT, OR MARCOLA WATER DISTRICT, OR MARION COUNTY EXTENSION & 4H SERVICE DISTRICT, OR MARION COUNTY FIRE DISTRICT #1, OR MARION JACK IMPROVEMENT DISTRICT, OR MARION S.W.C.D., OR MARY'S RIVER ESTATES ROAD DISTRICT, OR MCDONALD FOREST ESTATES SPECIAL ROAD DISTRICT, OR MCKAY ACRES IMPROVEMENT DISTRICT, OR MCKAY DAM R.F.P.D. # 7-410, OR MCKENZIE FIRE & RESCUE, OR MCKENZIE PALISADES WATER SUPPLY CORPORATION, OR MCMINNVILLE R.F.P.D., OR MCNULTY WATER P.U.D., OR MEADOWS DRAINAGE DISTRICT, OR MEDFORD IRRIGATION DISTRICT, OR MEDFORD R.F.P.D. #2, OR MEDFORD WATER COMMISSION MEDICAL SPRINGS R.F.P.D., OR MELHEUR COUNTY JAIL, OR MERLIN COMMUNITY PARK DISTRICT, OR MERRILL CEMETERY MAINTENANCE DISTRICT, OR MERRILL PARK DISTRICT, OR MERRILL R.F.P.D., OR METRO REGIONAL GOVERNMENT METRO REGIONAL PARKS METROPOLITAN EXPOSITION RECREATION COMMISSION METROPOLITAN SERVICE DISTRICT (METRO) MID COUNTY CEMETERY MAINTENANCE DISTRICT, OR MID-COLUMBIA FIRE AND RESCUE, OR MIDDLE FORK IRRIGATION DISTRICT, OR MIDLAND COMMUNITY PARK, OR MIDLAND DRAINAGE IMPROVEMENT DISTRICT, OR MILES CROSSING SANITARY SEWER DISTRICT, OR MILL CITY R.F.P.D. #2-303, OR MILL FOUR DRAINAGE DISTRICT, OR MILLICOMA RIVER PARK & RECREATION DISTRICT, OR MILLINGTON R.F.P.D. #5, OR MILO VOLUNTEER FIRE DEPARTMENT, OR MILTON-FREEWATER AMBULANCE SERVICE AREA HEALTH DISTRICT, OR MILTON-FREEWATER WATER CONTROL DISTRICT, OR MIROCO SPECIAL ROAD DISTRICT, OR MIST-BIRKENFELD R.F.P.D., OR MODOC POINT IRRIGATION DISTRICT, OR MODOC POINT SANITARY DISTRICT, OR MOHAWK VALLEY R.F.P.D., OR MOLALLA AQUATIC DISTRICT, OR MOLALLA R.F.P.D. #73, OR MONITOR R.F.P.D., OR MONROE R.F.P.D., OR MONUMENT CEMETERY MAINTENANCE DISTRICT, OR MONUMENT S.W.C.D., OR MOOREA DRIVE SPECIAL ROAD DISTRICT, OR MORO R.F.P.D., OR MORROW COUNTY HEALTH DISTRICT, OR MORROW COUNTY UNIFIED RECREATION DISTRICT, OR MORROW S.W.C.D., OR MOSIER FIRE DISTRICT, OR MOUNTAIN DRIVE SPECIAL ROAD DISTRICT, OR MT. ANGEL R.F.P.D., OR MT. HOOD IRRIGATION DISTRICT, OR MT. LAKI CEMETERY DISTRICT, OR MT. VERNON R.F.P.D., OR MULINO WATER DISTRICT #1, OR MULTNOMAH COUNTY DRAINAGE DISTRICT #1, OR MULTNOMAH COUNTY R.F.P.D. #10, OR MULTNOMAH COUNTY R.F.P.D. #14, OR MULTNOMAH EDUCATION SERVICE DISTRICT MYRTLE CREEK R.F.P.D., OR NEAH-KAH-NIE WATER DISTRICT, OR NEDONNA R.F.P.D., OR NEHALEM BAY FIRE AND RESCUE, OR NEHALEM BAY HEALTH DISTRICT, OR NEHALEM BAY WASTEWATER AGENCY, OR NESIKA BEACH-OPHIR WATER DISTRICT, OR NESKOWIN REGIONAL SANITARY AUTHORITY, OR NESKOWIN REGIONAL WATER DISTRICT, OR NESTUCCA R.F.P.D., OR NETARTS WATER DISTRICT, OR NETARTS-OCEANSIDE R.F.P.D., OR NETARTS-OCEANSIDE SANITARY DISTRICT, OR NEW BRIDGE WATER SUPPLY DISTRICT, OR NEW CARLTON FIRE DISTRICT, OR NEW ORLEANS REDEVELOPMENT AUTHORITY, LA NEW PINE CREEK R.F.P.D., OR NEWBERG R.F.P.D., OR NEWBERRY ESTATES SPECIAL ROAD DISTRICT, OR NEWPORT R.F.P.D., OR NEWT YOUNG DITCH DISTRICT IMPROVEMENT COMPANY, OR NORTH ALBANY R.F.P.D., OR NORTH BAY R.F.P.D. #9, OR NORTH CLACKAMAS PARKS & RECREATION DISTRICT, OR NORTH COUNTY RECREATION DISTRICT, OR Requirements for National Cooperative Contract Page 50 of 55 NORTH DOUGLAS COUNTY FIRE & EMS, OR NORTH DOUGLAS PARK & RECREATION DISTRICT, OR NORTH GILLIAM COUNTY HEALTH DISTRICT, OR NORTH GILLIAM COUNTY R.F.P.D., OR NORTH LAKE HEALTH DISTRICT, OR NORTH LEBANON WATER CONTROL DISTRICT, OR NORTH LINCOLN FIRE & RESCUE DISTRICT #1, OR NORTH LINCOLN HEALTH DISTRICT, OR NORTH MORROW VECTOR CONTROL DISTRICT, OR NORTH SHERMAN COUNTY R.F.P.D, OR NORTH UNIT IRRIGATION DISTRICT, OR NORTHEAST OREGON HOUSING AUTHORITY, OR NORTHEAST WHEELER COUNTY HEALTH DISTRICT, OR NORTHERN WASCO COUNTY P.U.D., OR NORTHERN WASCO COUNTY PARK & RECREATION DISTRICT, OR NYE DITCH USERS DISTRICT IMPROVEMENT, OR NYSSA ROAD ASSESSMENT DISTRICT #2, OR NYSSA RURAL FIRE DISTRICT, OR NYSSA-ARCADIA DRAINAGE DISTRICT, OR OAK LODGE WATER SERVICES, OR OAKLAND R.F.P.D., OR OAKVILLE COMMUNITY CENTER, OR OCEANSIDE WATER DISTRICT, OR OCHOCO IRRIGATION DISTRICT, OR OCHOCO WEST WATER AND SANITARY AUTHORITY, OR ODELL SANITARY DISTRICT, OR OLD OWYHEE DITCH IMPROVEMENT DISTRICT, OR OLNEY-WALLUSKI FIRE & RESCUE DISTRICT, OR ONTARIO LIBRARY DISTRICT, OR ONTARIO R.F.P.D., OR OPHIR R.F.P.D., OR OREGON COAST COMMUNITY ACTION OREGON HOUSING AND COMMUNITY SERVICES OREGON INTERNATIONAL PORT OF COOS BAY, OR OREGON LEGISLATIVE ADMINISTRATION OREGON OUTBACK R.F.P.D., OR OREGON POINT, OR OREGON TRAIL LIBRARY DISTRICT, OR OTTER ROCK WATER DISTRICT, OR OWW UNIT #2 SANITARY DISTRICT, OR OWYHEE CEMETERY MAINTENANCE DISTRICT, OR OWYHEE IRRIGATION DISTRICT, OR PACIFIC CITY JOINT WATER-SANITARY AUTHORITY, OR PACIFIC COMMUNITIES HEALTH DISTRICT, OR PACIFIC RIVIERA #3 SPECIAL ROAD DISTRICT, OR PALATINE HILL WATER DISTRICT, OR PALMER CREEK WATER DISTRICT IMPROVEMENT COMPANY, OR PANORAMIC ACCESS SPECIAL ROAD DISTRICT, OR PANTHER CREEK ROAD DISTRICT, OR PANTHER CREEK WATER DISTRICT, OR PARKDALE R.F.P.D., OR PARKDALE SANITARY DISTRICT, OR PENINSULA DRAINAGE DISTRICT #1, OR PENINSULA DRAINAGE DISTRICT #2, OR PHILOMATH FIRE AND RESCUE, OR PILOT ROCK CEMETERY MAINTENANCE DISTRICT #5, OR PILOT ROCK PARK & RECREATION DISTRICT, OR PILOT ROCK R.F.P.D., OR PINE EAGLE HEALTH DISTRICT, OR PINE FLAT DISTRICT IMPROVEMENT COMPANY, OR PINE GROVE IRRIGATION DISTRICT, OR PINE GROVE WATER DISTRICT-KLAMATH FALLS, OR PINE GROVE WATER DISTRICT-MAUPIN, OR PINE VALLEY CEMETERY DISTRICT, OR PINE VALLEY R.F.P.D., OR PINEWOOD COUNTRY ESTATES SPECIAL ROAD DISTRICT, OR PIONEER DISTRICT IMPROVEMENT COMPANY, OR PISTOL RIVER CEMETERY MAINTENANCE DISTRICT, OR PISTOL RIVER FIRE DISTRICT, OR PLEASANT HILL R.F.P.D., OR PLEASANT HOME WATER DISTRICT, OR POCAHONTAS MINING AND IRRIGATION DISTRICT, OR POE VALLEY IMPROVEMENT DISTRICT, OR POE VALLEY PARK & RECREATION DISTRICT, OR POE VALLEY VECTOR CONTROL DISTRICT, OR POLK COUNTY FIRE DISTRICT #1, OR POLK S.W.C.D., OR POMPADOUR WATER IMPROVEMENT DISTRICT, OR PONDEROSA PINES EAST SPECIAL ROAD DISTRICT, OR PORT OF ALSEA, OR PORT OF ARLINGTON, OR PORT OF ASTORIA, OR PORT OF BANDON, OR PORT OF BRANDON, OR PORT OF BROOKINGS HARBOR, OR PORT OF CASCADE LOCKS, OR PORT OF COQUILLE RIVER, OR PORT OF GARIBALDI, OR PORT OF GOLD BEACH, OR PORT OF HOOD RIVER, OR PORT OF MORGAN CITY, LA PORT OF MORROW, OR PORT OF NEHALEM, OR PORT OF NEWPORT, OR PORT OF PORT ORFORD, OR PORT OF PORTLAND, OR PORT OF SIUSLAW, OR PORT OF ST. HELENS, OR PORT OF THE DALLES, OR PORT OF TILLAMOOK BAY, OR PORT OF TOLEDO, OR PORT OF UMATILLA, OR PORT OF UMPQUA, OR PORT ORFORD CEMETERY MAINTENANCE DISTRICT, OR PORT ORFORD PUBLIC LIBRARY DISTRICT, OR PORT ORFORD R.F.P.D., OR PORTLAND DEVELOPMENT COMMISSION, OR PORTLAND FIRE AND RESCUE PORTLAND HOUSING CENTER, OR POWDER R.F.P.D., OR POWDER RIVER R.F.P.D., OR POWDER VALLEY WATER CONTROL DISTRICT, OR POWERS HEALTH DISTRICT, OR PRAIRIE CEMETERY MAINTENANCE DISTRICT, OR PRINEVILLE LAKE ACRES SPECIAL ROAD DISTRICT #1, OR PROSPECT R.F.P.D., OR Requirements for National Cooperative Contract Page 51 of 55 QUAIL VALLEY PARK IMPROVEMENT DISTRICT, OR QUEENER IRRIGATION IMPROVEMENT DISTRICT, OR RAINBOW WATER DISTRICT, OR RAINIER CEMETERY DISTRICT, OR RAINIER DRAINAGE IMPROVEMENT COMPANY, OR RALEIGH WATER DISTRICT, OR REDMOND AREA PARK & RECREATION DISTRICT, OR REDMOND FIRE AND RESCUE, OR RIDDLE FIRE PROTECTION DISTRICT, OR RIDGEWOOD DISTRICT IMPROVEMENT COMPANY, OR RIDGEWOOD ROAD DISTRICT, OR RIETH SANITARY DISTRICT, OR RIETH WATER DISTRICT, OR RIMROCK WEST IMPROVEMENT DISTRICT, OR RINK CREEK WATER DISTRICT, OR RIVER BEND ESTATES SPECIAL ROAD DISTRICT, OR RIVER FOREST ACRES SPECIAL ROAD DISTRICT, OR RIVER MEADOWS IMPROVEMENT DISTRICT, OR RIVER PINES ESTATES SPECIAL ROAD DISTRICT, OR RIVER ROAD PARK & RECREATION DISTRICT, OR RIVER ROAD WATER DISTRICT, OR RIVERBEND RIVERBANK WATER IMPROVEMENT DISTRICT, OR RIVERDALE R.F.P.D. 11-JT, OR RIVERGROVE WATER DISTRICT, OR RIVERSIDE MISSION WATER CONTROL DISTRICT, OR RIVERSIDE R.F.P.D. #7-406, OR RIVERSIDE WATER DISTRICT, OR ROBERTS CREEK WATER DISTRICT, OR ROCK CREEK DISTRICT IMPROVEMENT, OR ROCK CREEK WATER DISTRICT, OR ROCKWOOD WATER P.U.D., OR ROCKY POINT FIRE & EMS, OR ROGUE RIVER R.F.P.D., OR ROGUE RIVER VALLEY IRRIGATION DISTRICT, OR ROGUE VALLEY SEWER SERVICES, OR ROGUE VALLEY SEWER, OR ROGUE VALLEY TRANSPORTATION DISTRICT, OR ROSEBURG URBAN SANITARY AUTHORITY, OR ROSEWOOD ESTATES ROAD DISTRICT, OR ROW RIVER VALLEY WATER DISTRICT, OR RURAL ROAD ASSESSMENT DISTRICT #3, OR RURAL ROAD ASSESSMENT DISTRICT #4, OR SAINT LANDRY PARISH TOURIST COMMISSION SAINT MARY PARISH REC DISTRICT 2 SAINT MARY PARISH REC DISTRICT 3 SAINT TAMMANY FIRE DISTRICT 4, LA SALEM AREA MASS TRANSIT DISTRICT, OR SALEM MASS TRANSIT DISTRICT SALEM SUBURBAN R.F.P.D., OR SALISHAN SANITARY DISTRICT, OR SALMON RIVER PARK SPECIAL ROAD DISTRICT, OR SALMON RIVER PARK WATER IMPROVEMENT DISTRICT, OR SALMONBERRY TRAIL INTERGOVERNMENTAL AGENCY, OR SANDPIPER VILLAGE SPECIAL ROAD DISTRICT, OR SANDY DRAINAGE IMPROVEMENT COMPANY, OR SANDY R.F.P.D. #72, OR SANTA CLARA R.F.P.D., OR SANTA CLARA WATER DISTRICT, OR SANTIAM WATER CONTROL DISTRICT, OR SAUVIE ISLAND DRAINAGE IMPROVEMENT COMPANY, OR SAUVIE ISLAND VOLUNTEER FIRE DISTRICT #30J, OR SCAPPOOSE DRAINAGE IMPROVEMENT COMPANY, OR SCAPPOOSE PUBLIC LIBRARY DISTRICT, OR SCAPPOOSE R.F.P.D., OR SCIO R.F.P.D., OR SCOTTSBURG R.F.P.D., OR SEAL ROCK R.F.P.D., OR SEAL ROCK WATER DISTRICT, OR SEWERAGE AND WATER BOARD OF NEW ORLEANS, LA SHANGRI-LA WATER DISTRICT, OR SHASTA VIEW IRRIGATION DISTRICT, OR SHELLEY ROAD CREST ACRES WATER DISTRICT, OR SHERIDAN FIRE DISTRICT, OR SHERMAN COUNTY HEALTH DISTRICT, OR SHERMAN COUNTY S.W.C.D., OR SHORELINE SANITARY DISTRICT, OR SILETZ KEYS SANITARY DISTRICT, OR SILETZ R.F.P.D., OR SILVER FALLS LIBRARY DISTRICT, OR SILVER LAKE IRRIGATION DISTRICT, OR SILVER LAKE R.F.P.D., OR SILVER SANDS SPECIAL ROAD DISTRICT, OR SILVERTON R.F.P.D. NO. 2, OR SISTERS PARKS & RECREATION DISTRICT, OR SISTERS-CAMP SHERMAN R.F.P.D., OR SIUSLAW PUBLIC LIBRARY DISTRICT, OR SIUSLAW S.W.C.D., OR SIUSLAW VALLEY FIRE AND RESCUE, OR SIXES R.F.P.D., OR SKIPANON WATER CONTROL DISTRICT, OR SKYLINE VIEW DISTRICT IMPROVEMENT COMPANY, OR SLEEPY HOLLOW WATER DISTRICT, OR SMITH DITCH DISTRICT IMPROVEMENT COMPANY, OR SOUTH CLACKAMAS TRANSPORTATION DISTRICT, OR SOUTH COUNTY HEALTH DISTRICT, OR SOUTH FORK WATER BOARD, OR SOUTH GILLIAM COUNTY CEMETERY DISTRICT, OR SOUTH GILLIAM COUNTY HEALTH DISTRICT, OR SOUTH GILLIAM COUNTY R.F.P.D. VI-301, OR SOUTH LAFOURCHE LEVEE DISTRICT, LA SOUTH LANE COUNTY FIRE & RESCUE, OR SOUTH SANTIAM RIVER WATER CONTROL DISTRICT, OR SOUTH SHERMAN FIRE DISTRICT, OR SOUTH SUBURBAN SANITARY DISTRICT, OR SOUTH WASCO PARK & RECREATION DISTRICT, OR SOUTHERN COOS HEALTH DISTRICT, OR SOUTHERN CURRY CEMETERY MAINTENANCE DISTRICT, OR SOUTHVIEW IMPROVEMENT DISTRICT, OR SOUTHWEST LINCOLN COUNTY WATER DISTRICT, OR SOUTHWESTERN POLK COUNTY R.F.P.D., OR SOUTHWOOD PARK WATER DISTRICT, OR SPECIAL ROAD DISTRICT #1, OR Requirements for National Cooperative Contract Page 52 of 55 SPECIAL ROAD DISTRICT #8, OR SPRING RIVER SPECIAL ROAD DISTRICT, OR SPRINGFIELD UTILITY BOARD, OR ST. PAUL R.F.P.D., OR STANFIELD CEMETERY DISTRICT #6, OR STANFIELD IRRIGATION DISTRICT, OR STARR CREEK ROAD DISTRICT, OR STARWOOD SANITARY DISTRICT, OR STAYTON FIRE DISTRICT, OR SUBLIMITY FIRE DISTRICT, OR SUBURBAN EAST SALEM WATER DISTRICT, OR SUBURBAN LIGHTING DISTRICT, OR SUCCOR CREEK DISTRICT IMPROVEMENT COMPANY, OR SUMMER LAKE IRRIGATION DISTRICT, OR SUMMERVILLE CEMETERY MAINTENANCE DISTRICT, OR SUMNER R.F.P.D., OR SUN MOUNTAIN SPECIAL ROAD DISTRICT, OR SUNDOWN SANITATION DISTRICT, OR SUNFOREST ESTATES SPECIAL ROAD DISTRICT, OR SUNNYSIDE IRRIGATION DISTRICT, OR SUNRISE WATER AUTHORITY, OR SUNRIVER SERVICE DISTRICT, OR SUNSET EMPIRE PARK & RECREATION DISTRICT, OR SUNSET EMPIRE TRANSPORTATION DISTRICT, OR SURFLAND ROAD DISTRICT, OR SUTHERLIN VALLEY RECREATION DISTRICT, OR SUTHERLIN WATER CONTROL DISTRICT, OR SWALLEY IRRIGATION DISTRICT, OR SWEET HOME CEMETERY MAINTENANCE DISTRICT, OR SWEET HOME FIRE & AMBULANCE DISTRICT, OR SWISSHOME-DEADWOOD R.F.P.D., OR TABLE ROCK DISTRICT IMPROVEMENT COMPANY, OR TALENT IRRIGATION DISTRICT, OR TANGENT R.F.P.D., OR TENMILE R.F.P.D., OR TERREBONNE DOMESTIC WATER DISTRICT, OR THE DALLES IRRIGATION DISTRICT, OR THOMAS CREEK-WESTSIDE R.F.P.D., OR THREE RIVERS RANCH ROAD DISTRICT, OR THREE SISTERS IRRIGATION DISTRICT, OR TIGARD TUALATIN AQUATIC DISTRICT, OR TIGARD WATER DISTRICT, OR TILLAMOOK BAY FLOOD IMPROVEMENT DISTRICT, OR TILLAMOOK COUNTY EMERGENCY COMMUNICATIONS DISTRICT, OR TILLAMOOK COUNTY S.W.C.D., OR TILLAMOOK COUNTY TRANSPORTATION DISTRICT, OR TILLAMOOK FIRE DISTRICT, OR TILLAMOOK P.U.D., OR TILLER R.F.P.D., OR TOBIN DITCH DISTRICT IMPROVEMENT COMPANY, OR TOLEDO R.F.P.D., OR TONE WATER DISTRICT, OR TOOLEY WATER DISTRICT, OR TRASK DRAINAGE DISTRICT, OR TRI CITY R.F.P.D. #4, OR TRI-CITY WATER & SANITARY AUTHORITY, OR TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON TRIMET, OR TUALATIN HILLS PARK & RECREATION DISTRICT TUALATIN HILLS PARK & RECREATION DISTRICT, OR TUALATIN S.W.C.D., OR TUALATIN VALLEY FIRE & RESCUE TUALATIN VALLEY FIRE & RESCUE, OR TUALATIN VALLEY IRRIGATION DISTRICT, OR TUALATIN VALLEY WATER DISTRICT TUALATIN VALLEY WATER DISTRICT, OR TUMALO IRRIGATION DISTRICT, OR TURNER FIRE DISTRICT, OR TWIN ROCKS SANITARY DISTRICT, OR TWO RIVERS NORTH SPECIAL ROAD DISTRICT, OR TWO RIVERS S.W.C.D., OR TWO RIVERS SPECIAL ROAD DISTRICT, OR TYGH VALLEY R.F.P.D., OR TYGH VALLEY WATER DISTRICT, OR UMATILLA COUNTY FIRE DISTRICT #1, OR UMATILLA COUNTY S.W.C.D., OR UMATILLA COUNTY SPECIAL LIBRARY DISTRICT, OR UMATILLA HOSPITAL DISTRICT, OR UMATILLA R.F.P.D. #7-405, OR UMATILLA-MORROW RADIO AND DATA DISTRICT, OR UMPQUA S.W.C.D., OR UNION CEMETERY MAINTENANCE DISTRICT, OR UNION COUNTY SOLID WASTE DISPOSAL DISTRICT, OR UNION COUNTY VECTOR CONTROL DISTRICT, OR UNION GAP SANITARY DISTRICT, OR UNION GAP WATER DISTRICT, OR UNION HEALTH DISTRICT, OR UNION R.F.P.D., OR UNION S.W.C.D., OR UNITY COMMUNITY PARK & RECREATION DISTRICT, OR UPPER CLEVELAND RAPIDS ROAD DISTRICT, OR UPPER MCKENZIE R.F.P.D., OR UPPER WILLAMETTE S.W.C.D., OR VALE OREGON IRRIGATION DISTRICT, OR VALE RURAL FIRE PROTECTION DISTRICT, OR VALLEY ACRES SPECIAL ROAD DISTRICT, OR VALLEY VIEW CEMETERY MAINTENANCE DISTRICT, OR VALLEY VIEW WATER DISTRICT, OR VANDEVERT ACRES SPECIAL ROAD DISTRICT, OR VERNONIA R.F.P.D., OR VINEYARD MOUNTAIN PARK & RECREATION DISTRICT, OR VINEYARD MOUNTAIN SPECIAL ROAD DISTRICT, OR WALLA WALLA RIVER IRRIGATION DISTRICT, OR WALLOWA COUNTY HEALTH CARE DISTRICT, OR WALLOWA LAKE COUNTY SERVICE DISTRICT, OR WALLOWA LAKE IRRIGATION DISTRICT, OR WALLOWA LAKE R.F.P.D., OR WALLOWA S.W.C.D., OR WALLOWA VALLEY IMPROVEMENT DISTRICT #1, OR WAMIC R.F.P.D., OR WAMIC WATER & SANITARY AUTHORITY, OR Requirements for National Cooperative Contract Page 53 of 55 WARMSPRINGS IRRIGATION DISTRICT, OR WASCO COUNTY S.W.C.D., OR WATER ENVIRONMENT SERVICES, OR WATER WONDERLAND IMPROVEMENT DISTRICT, OR WATERBURY & ALLEN DITCH IMPROVEMENT DISTRICT, OR WATSECO-BARVIEW WATER DISTRICT, OR WAUNA WATER DISTRICT, OR WEDDERBURN SANITARY DISTRICT, OR WEST EAGLE VALLEY WATER CONTROL DISTRICT, OR WEST EXTENSION IRRIGATION DISTRICT, OR WEST LABISH DRAINAGE & WATER CONTROL IMPROVEMENT DISTRICT, OR WEST MULTNOMAH S.W.C.D., OR WEST SIDE R.F.P.D., OR WEST SLOPE WATER DISTRICT, OR WEST UMATILLA MOSQUITO CONTROL DISTRICT, OR WEST VALLEY FIRE DISTRICT, OR WESTERN HEIGHTS SPECIAL ROAD DISTRICT, OR WESTERN LANE AMBULANCE DISTRICT, OR WESTLAND IRRIGATION DISTRICT, OR WESTON ATHENA MEMORIAL HALL PARK & RECREATION DISTRICT, OR WESTON CEMETERY DISTRICT #2, OR WESTPORT FIRE AND RESCUE, OR WESTRIDGE WATER SUPPLY CORPORATION, OR WESTWOOD HILLS ROAD DISTRICT, OR WESTWOOD VILLAGE ROAD DISTRICT, OR WHEELER S.W.C.D., OR WHITE RIVER HEALTH DISTRICT, OR WIARD MEMORIAL PARK DISTRICT, OR WICKIUP WATER DISTRICT, OR WILLAKENZIE R.F.P.D., OR WILLAMALANE PARK & RECREATION DISTRICT, OR WILLAMALANE PARK AND RECREATION DISTRICT WILLAMETTE HUMANE SOCIETY WILLAMETTE RIVER WATER COALITION, OR WILLIAMS R.F.P.D., OR WILLOW CREEK PARK DISTRICT, OR WILLOW DALE WATER DISTRICT, OR WILSON RIVER WATER DISTRICT, OR WINCHESTER BAY R.F.P.D., OR WINCHESTER BAY SANITARY DISTRICT, OR WINCHUCK R.F.P.D., OR WINSTON-DILLARD R.F.P.D., OR WINSTON-DILLARD WATER DISTRICT, OR WOLF CREEK R.F.P.D., OR WOOD RIVER DISTRICT IMPROVEMENT COMPANY, OR WOODBURN R.F.P.D. NO. 6, OR WOODLAND PARK SPECIAL ROAD DISTRICT, OR WOODS ROAD DISTRICT, OR WRIGHT CREEK ROAD WATER IMPROVEMENT DISTRICT, OR WY'EAST FIRE DISTRICT, OR YACHATS R.F.P.D., OR YAMHILL COUNTY TRANSIT AREA, OR YAMHILL FIRE PROTECTION DISTRICT, OR YAMHILL SWCD, OR YONCALLA PARK & RECREATION DISTRICT, OR YOUNGS RIVER-LEWIS & CLARK WATER DISTRICT, OR ZUMWALT R.F.P.D., OR K-12 INCLUDING BUT NOT LIMITED TO: ACADIA PARISH SCHOOL BOARD BEAVERTON SCHOOL DISTRICT BEND-LA PINE SCHOOL DISTRICT BOGALUSA HIGH SCHOOL, LA BOSSIER PARISH SCHOOL BOARD BROOKING HARBOR SCHOOL DISTRICT CADDO PARISH SCHOOL DISTRICT CALCASIEU PARISH SCHOOL DISTRICT CANBY SCHOOL DISTRICT CANYONVILLE CHRISTIAN ACADEMY CASCADE SCHOOL DISTRICT CASCADES ACADEMY OF CENTRAL OREGON CENTENNIAL SCHOOL DISTRICT CENTRAL CATHOLIC HIGH SCHOOL CENTRAL POINT SCHOOL DISTRICT NO.6 CENTRAL SCHOOL DISTRICT 13J COOS BAY SCHOOL DISTRICT NO.9 CORVALLIS SCHOOL DISTRICT 509J COUNTY OF YAMHILL SCHOOL DISTRICT 29 CULVER SCHOOL DISTRICT DALLAS SCHOOL DISTRICT NO.2 DAVID DOUGLAS SCHOOL DISTRICT DAYTON SCHOOL DISTRICT NO.8 DE LA SALLE N CATHOLIC HS DESCHUTES COUNTY SCHOOL DISTRICT NO.6 DOUGLAS EDUCATIONAL DISTRICT SERVICE DUFUR SCHOOL DISTRICT NO.29 EAST BATON ROUGE PARISH SCHOOL DISTRICT ESTACADA SCHOOL DISTRICT NO.10B FOREST GROVE SCHOOL DISTRICT GEORGE MIDDLE SCHOOL GLADSTONE SCHOOL DISTRICT GRANTS PASS SCHOOL DISTRICT 7 GREATER ALBANY PUBLIC SCHOOL DISTRICT GRESHAM BARLOW JOINT SCHOOL DISTRICT HEAD START OF LANE COUNTY HIGH DESERT EDUCATION SERVICE DISTRICT HILLSBORO SCHOOL DISTRICT HOOD RIVER COUNTY SCHOOL DISTRICT JACKSON CO SCHOOL DIST NO.9 JEFFERSON COUNTY SCHOOL DISTRICT 509-J JEFFERSON PARISH SCHOOL DISTRICT JEFFERSON SCHOOL DISTRICT JUNCTION CITY SCHOOLS, OR KLAMATH COUNTY SCHOOL DISTRICT KLAMATH FALLS CITY SCHOOLS LAFAYETTE PARISH SCHOOL DISTRICT LAKE OSWEGO SCHOOL DISTRICT 7J LANE COUNTY SCHOOL DISTRICT 4J LINCOLN COUNTY SCHOOL DISTRICT LINN CO. SCHOOL DIST. 95C LIVINGSTON PARISH SCHOOL DISTRICT LOST RIVER JR/SR HIGH SCHOOL LOWELL SCHOOL DISTRICT NO.71 MARION COUNTY SCHOOL DISTRICT MARION COUNTY SCHOOL DISTRICT 103 MARIST HIGH SCHOOL, OR MCMINNVILLE SCHOOL DISTRICT NOAO MEDFORD SCHOOL DISTRICT 549C MITCH CHARTER SCHOOL MONROE SCHOOL DISTRICT NO.1J Requirements for National Cooperative Contract Page 54 of 55 MORROW COUNTY SCHOOL DIST, OR MULTNOMAH EDUCATION SERVICE DISTRICT MULTISENSORY LEARNING ACADEMY MYRTLE PINT SCHOOL DISTRICT 41 NEAH-KAH-NIE DISTRICT NO.56 NEWBERG PUBLIC SCHOOLS NESTUCCA VALLEY SCHOOL DISTRICT NO.101 NOBEL LEARNING COMMUNITIES NORTH BEND SCHOOL DISTRICT 13 NORTH CLACKAMAS SCHOOL DISTRICT NORTH DOUGLAS SCHOOL DISTRICT NORTH WASCO CITY SCHOOL DISTRICT 21 NORTHWEST REGIONAL EDUCATION SERVICE DISTRICT ONTARIO MIDDLE SCHOOL OREGON TRAIL SCHOOL DISTRICT NOA6 ORLEANS PARISH SCHOOL DISTRICT PHOENIX-TALENT SCHOOL DISTRICT NOA PLEASANT HILL SCHOOL DISTRICT PORTLAND JEWISH ACADEMY PORTLAND PUBLIC SCHOOLS RAPIDES PARISH SCHOOL DISTRICT REDMOND SCHOOL DISTRICT REYNOLDS SCHOOL DISTRICT ROGUE RIVER SCHOOL DISTRICT ROSEBURG PUBLIC SCHOOLS SCAPPOOSE SCHOOL DISTRICT 1J SAINT TAMMANY PARISH SCHOOL BOARD, LA SEASIDE SCHOOL DISTRICT 10 SHERWOOD SCHOOL DISTRICT 88J SILVER FALLS SCHOOL DISTRICT 4J SOUTH LANE SCHOOL DISTRICT 45J3 SOUTHERN OREGON EDUCATION SERVICE DISTRICT SPRINGFIELD PUBLIC SCHOOLS SUTHERLIN SCHOOL DISTRICT SWEET HOME SCHOOL DISTRICT NO.55 TERREBONNE PARISH SCHOOL DISTRICT THE CATLIN GABEL SCHOOL TIGARD-TUALATIN SCHOOL DISTRICT UMATILLA MORROW ESD WEST LINN WILSONVILLE SCHOOL DISTRICT WILLAMETTE EDUCATION SERVICE DISTRICT WOODBURN SCHOOL DISTRICT YONCALLA SCHOOL DISTRICT ACADEMY FOR MATH ENGINEERING & SCIENCE (AMES), UT ALIANZA ACADEMY, UT ALPINE DISTRICT, UT AMERICAN LEADERSHIP ACADEMY, UT AMERICAN PREPARATORY ACADEMY, UT BAER CANYON HIGH SCHOOL FOR SPORTS & MEDICAL SCIENCES, UT BEAR RIVER CHARTER SCHOOL, UT BEAVER SCHOOL DISTRICT, UT BEEHIVE SCIENCE & TECHNOLOGY ACADEMY (BSTA) , UT BOX ELDER SCHOOL DISTRICT, UT CBA CENTER, UT CACHE SCHOOL DISTRICT, UT CANYON RIM ACADEMY, UT CANYONS DISTRICT, UT CARBON SCHOOL DISTRICT, UT CHANNING HALL, UT CHARTER SCHOOL LEWIS ACADEMY, UT CITY ACADEMY, UT DAGGETT SCHOOL DISTRICT, UT DAVINCI ACADEMY, UT DAVIS DISTRICT, UT DUAL IMMERSION ACADEMY, UT DUCHESNE SCHOOL DISTRICT, UT EARLY LIGHT ACADEMY AT DAYBREAK, UT EAST HOLLYWOOD HIGH, UT EDITH BOWEN LABORATORY SCHOOL, UT EMERSON ALCOTT ACADEMY, UT EMERY SCHOOL DISTRICT, UT ENTHEOS ACADEMY, UT EXCELSIOR ACADEMY, UT FAST FORWARD HIGH, UT FREEDOM ACADEMY, UT GARFIELD SCHOOL DISTRICT, UT GATEWAY PREPARATORY ACADEMY, UT GEORGE WASHINGTON ACADEMY, UT GOOD FOUNDATION ACADEMY, UT GRAND SCHOOL DISTRICT, UT GRANITE DISTRICT, UT GUADALUPE SCHOOL, UT HAWTHORN ACADEMY, UT INTECH COLLEGIATE HIGH SCHOOL, UT IRON SCHOOL DISTRICT, UT ITINERIS EARLY COLLEGE HIGH, UT JOHN HANCOCK CHARTER SCHOOL, UT JORDAN DISTRICT, UT JUAB SCHOOL DISTRICT, UT KANE SCHOOL DISTRICT, UT KARL G MAESER PREPARATORY ACADEMY, UT LAKEVIEW ACADEMY, UT LEGACY PREPARATORY ACADEMY, UT LIBERTY ACADEMY, UT LINCOLN ACADEMY, UT LOGAN SCHOOL DISTRICT, UT MARIA MONTESSORI ACADEMY, UT MERIT COLLEGE PREPARATORY ACADEMY, UT MILLARD SCHOOL DISTRICT, UT MOAB CHARTER SCHOOL, UT MONTICELLO ACADEMY, UT MORGAN SCHOOL DISTRICT, UT MOUNTAINVILLE ACADEMY, UT MURRAY SCHOOL DISTRICT, UT NAVIGATOR POINTE ACADEMY, UT NEBO SCHOOL DISTRICT, UT NO UT ACAD FOR MATH ENGINEERING & SCIENCE (NUAMES), UT NOAH WEBSTER ACADEMY, UT NORTH DAVIS PREPARATORY ACADEMY, UT NORTH SANPETE SCHOOL DISTRICT, UT NORTH STAR ACADEMY, UT NORTH SUMMIT SCHOOL DISTRICT, UT ODYSSEY CHARTER SCHOOL, UT OGDEN PREPARATORY ACADEMY, UT OGDEN SCHOOL DISTRICT, UT OPEN CLASSROOM, UT OPEN HIGH SCHOOL OF UTAH, UT OQUIRRH MOUNTAIN CHARTER SCHOOL, UT PARADIGM HIGH SCHOOL, UT PARK CITY SCHOOL DISTRICT, UT PINNACLE CANYON ACADEMY, UT PIUTE SCHOOL DISTRICT, UT PROVIDENCE HALL, UT PROVO SCHOOL DISTRICT, UT Requirements for National Cooperative Contract Page 55 of 55 QUAIL RUN PRIMARY SCHOOL, UT QUEST ACADEMY, UT RANCHES ACADEMY, UT REAGAN ACADEMY, UT RENAISSANCE ACADEMY, UT RICH SCHOOL DISTRICT, UT ROCKWELL CHARTER HIGH SCHOOL, UT SALT LAKE ARTS ACADEMY, UT SALT LAKE CENTER FOR SCIENCE EDUCATION, UT SALT LAKE SCHOOL DISTRICT, UT SALT LAKE SCHOOL FOR THE PERFORMING ARTS, UT SAN JUAN SCHOOL DISTRICT, UT SEVIER SCHOOL DISTRICT, UT SOLDIER HOLLOW CHARTER SCHOOL, UT SOUTH SANPETE SCHOOL DISTRICT, UT SOUTH SUMMIT SCHOOL DISTRICT, UT SPECTRUM ACADEMY, UT SUCCESS ACADEMY, UT SUCCESS SCHOOL, UT SUMMIT ACADEMY, UT SUMMIT ACADEMY HIGH SCHOOL, UT SYRACUSE ARTS ACADEMY, UT THOMAS EDISON - NORTH, UT TIMPANOGOS ACADEMY, UT TINTIC SCHOOL DISTRICT, UT TOOELE SCHOOL DISTRICT, UT TUACAHN HIGH SCHOOL FOR THE PERFORMING ARTS, UT UINTAH RIVER HIGH, UT UINTAH SCHOOL DISTRICT, UT UTAH CONNECTIONS ACADEMY, UT UTAH COUNTY ACADEMY OF SCIENCE, UT UTAH ELECTRONIC HIGH SCHOOL, UT UTAH SCHOOLS FOR DEAF & BLIND, UT UTAH STATE OFFICE OF EDUCATION, UT UTAH VIRTUAL ACADEMY, UT VENTURE ACADEMY, UT VISTA AT ENTRADA SCHOOL OF PERFORMING ARTS AND TECHNOLOGY, UT WALDEN SCHOOL OF LIBERAL ARTS, UT WASATCH PEAK ACADEMY, UT WASATCH SCHOOL DISTRICT, UT WASHINGTON SCHOOL DISTRICT, UT WAYNE SCHOOL DISTRICT, UT WEBER SCHOOL DISTRICT, UT WEILENMANN SCHOOL OF DISCOVERY, UT HIGHER EDUCATION ARGOSY UNIVERSITY BATON ROUGE COMMUNITY COLLEGE, LA BIRTHINGWAY COLLEGE OF MIDWIFERY BLUE MOUNTAIN COMMUNITY COLLEGE BRIGHAM YOUNG UNIVERSITY - HAWAII CENTRAL OREGON COMMUNITY COLLEGE CENTENARY COLLEGE OF LOUISIANA CHEMEKETA COMMUNITY COLLEGE CLACKAMAS COMMUNITY COLLEGE COLLEGE OF THE MARSHALL ISLANDS COLUMBIA GORGE COMMUNITY COLLEGE CONCORDIA UNIVERSITY GEORGE FOX UNIVERSITY KLAMATH COMMUNITY COLLEGE DISTRICT LANE COMMUNITY COLLEGE LEWIS AND CLARK COLLEGE LINFIELD COLLEGE LINN-BENTON COMMUNITY COLLEGE LOUISIANA COLLEGE, LA LOUISIANA STATE UNIVERSITY LOUISIANA STATE UNIVERSITY HEALTH SERVICES MARYLHURST UNIVERSITY MT. HOOD COMMUNITY COLLEGE MULTNOMAH BIBLE COLLEGE NATIONAL COLLEGE OF NATURAL MEDICINE NORTHWEST CHRISTIAN COLLEGE OREGON HEALTH AND SCIENCE UNIVERSITY OREGON INSTITUTE OF TECHNOLOGY OREGON STATE UNIVERSITY OREGON UNIVERSITY SYSTEM PACIFIC UNIVERSITY PIONEER PACIFIC COLLEGE PORTLAND COMMUNITY COLLEGE PORTLAND STATE UNIVERSITY REED COLLEGE RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII ROGUE COMMUNITY COLLEGE SOUTHEASTERN LOUISIANA UNIVERSITY SOUTHERN OREGON UNIVERSITY (OREGON UNIVERSITY SYSTEM) SOUTHWESTERN OREGON COMMUNITY COLLEGE TULANE UNIVERSITY TILLAMOOK BAY COMMUNITY COLLEGE UMPQUA COMMUNITY COLLEGE UNIVERSITY OF HAWAII BOARD OF REGENTS UNIVERSITY OF HAWAII-HONOLULU COMMUNITY COLLEGE UNIVERSITY OF OREGON-GRADUATE SCHOOL UNIVERSITY OF PORTLAND UNIVERSITY OF NEW ORLEANS WESTERN OREGON UNIVERSITY WESTERN STATES CHIROPRACTIC COLLEGE WILLAMETTE UNIVERSITY XAVIER UNIVERSITY UTAH SYSTEM OF HIGHER EDUCATION, UT UNIVERSITY OF UTAH, UT UTAH STATE UNIVERSITY, UT WEBER STATE UNIVERSITY, UT SOUTHERN UTAH UNIVERSITY, UT SNOW COLLEGE, UT DIXIE STATE COLLEGE, UT COLLEGE OF EASTERN UTAH, UT UTAH VALLEY UNIVERSITY, UT SALT LAKE COMMUNITY COLLEGE, UT UTAH COLLEGE OF APPLIED TECHNOLOGY, UT STATE AGENCIES ADMIN. SERVICES OFFICE BOARD OF MEDICAL EXAMINERS HAWAII CHILD SUPPORT ENFORCEMENT AGENCY HAWAII DEPARTMENT OF TRANSPORTATION HAWAII HEALTH SYSTEMS CORPORATION OFFICE OF MEDICAL ASSISTANCE PROGRAMS OFFICE OF THE STATE TREASURER OREGON BOARD OF ARCHITECTS OREGON CHILD DEVELOPMENT COALITION OREGON DEPARTMENT OF EDUCATION OREGON DEPARTMENT OF FORESTRY OREGON DEPT OF TRANSPORTATION OREGON DEPT. OF EDUCATION Requirements for National Cooperative Contract Page 56 of 55 OREGON LOTTERY OREGON OFFICE OF ENERGY OREGON STATE BOARD OF NURSING OREGON STATE DEPT OF CORRECTIONS OREGON STATE POLICE OREGON TOURISM COMMISSION OREGON TRAVEL INFORMATION COUNCIL SANTIAM CANYON COMMUNICATION CENTER SEIU LOCAL 503, OPEU SOH- JUDICIARY CONTRACTS AND PURCH STATE DEPARTMENT OF DEFENSE, STATE OF HAWAII STATE OF HAWAII STATE OF HAWAII, DEPT. OF EDUCATION STATE OF LOUISIANA STATE OF LOUISIANA DEPT. OF EDUCATION STATE OF LOUISIANA, 26TH JUDICIAL DISTRICT ATTORNEY STATE OF UTAH CLAIM OF BUSINESS CONFIDENTIALITY Pursuant to Utah Code Annotated, Subsections 63G-2-305(1) and (2), and in accordance with Section 63G-2-309, (company name) asserts a claim of business confidentiality to protect the following information submitted as part of this solicitation. Pricing/Cost Proposals may not be classified as confidential or protected and will be considered public information. An entire proposal cannot be identified as “PROTECTED”, “CONFIDENTIAL” or “PROPRIETARY”. Non-public financial statements Specific employee name and contact information Specific customer information, client lists, or subscription lists Other (specify): This claim is asserted because this information requires protection as it includes: trade secrets as defined in Utah Code Annotated Section 13-24-2 ("Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (a) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy). commercial information or non-individual financial information obtained from a person if: (a) disclosure of the information could reasonably be expected to result in unfair competitive injury to the person submitting the information or would impair the ability of the governmental entity to obtain necessary information in the future; [and] (b) the person submitting the information has a greater interest in prohibiting access than the public in obtaining access. This statement of reasons supporting the claim of business confidentiality applies to the following information in this proposal: Page Paragraph Reason Please use additional sheets if needed. You will be notified if a record claimed to be protected herein under Utah Code Annotated § 63G-2-305(1) or (2) is classified public or if the governmental entity determines that the record should be released after weighing interests under Utah Code Annotated § 63G-2-201(5)(b) or Utah Code Annotated § 63G-2-401(6). See Utah Code Annotated § 63G-2-309. Signed: On behalf of (company): Date: (Revision 6/4/2015) Utah Supplier Portal: Changing Your Time Zone Update the time zone in your vendor profile to reflect the time zone you are in. VENDOR REGISTRATION •Review your vendor profile •Go to the top right corner and click on your company name •Select “Return to SciQuest Supplier Network” VENDOR REGISTRATION •Your screen will look something like this: VENDOR REGISTRATION: Time Zone•Go to the top right corner and click on your company name •Select “View My Profile” •Click on “Language, Time Zone, and …” •Click on “Language, Time Zone, and …” VENDOR REGISTRATION: Time Zone •Find the “Time Zone” and click in the drop down box •The System defaults all registrations to EASTERN TIME •Select the Time Zone you would like ALL sourcing event times to show in •The STATE OF UTAH is MDT/MST MOUNTAIN STANDARD TIME Click “Save Changes” Additional Questions? Contact: sciquestadmin@Utah.gov Examples for Attachment D. Level of Expertise (Attachment D-1) Example: Level of Expertise Claim: Our project manager has a significant amount of experience in similar projects with very high performance. Documented Performance: He has successfully implemented 5 comprehensive reservation systems with comparable sized clients in the past 3 years with a customer satisfaction rating of 9 out of 10. Risk Assessment Plan (Attachment D-2) Example: Risk Description: Different reservable locations do not all have the same amenities. Solution: Clear explanation of what amenities are offered at each reservable location based on user selection. Documented Performance: The project manager has experienced this issue over the past few years and has been successful 5 out of 5 times in ensuring correct amenities descriptions. The result is customers are able to reserve their desired amenities. Value Added Plan (Attachment D-3) Example: Item Claim: Rental of camping equipment when campsites are reserved. How will this add value? Availability of camping equipment for those who don’t have the equipment, but want to camp will increase reservations. Documented Performance: This approach has been used in 4 similar projects increasing the number of reservations by 5% on average. Cost Impact (%): .625% Schedule Impact (%): 5% Project Selection Program Project Name: Completed By:Possible Points Total Points Score Weight Score 1.1 2.1 3.1 4.1 0.00 Section 1 - Attachment D1 - Level of Expertise Plan Has the firm been successful in completing similar projects (clear metrics)? 0 Interview of Firm, including responses to questions and demonstrated familiarity to responses.0 Section 2 - Attachment D2 - Risk Assessment Plan Did the firm identify potential and relevant risks associated with this project, including details to mitigate risk and potential issues to budget and completion?0 Section 3 - Attachment D3 - Value Added Plan How do the proposed value-added options or ideas benefit the State's goals? How has the firm's options or ideas been successful through verifiable performance metrics of previous projects?0 Section 4 -Interview 1 point 5 points 10 points 1 point 5 points 10 points 1 point 5 points 10 points 1 point 5 points 10 points State of Utah Online Marketplace Attachment G February 12, 2020 Digital CDW Government LLC 230 N. Milwaukee Ave. Vernon Hills, IL 60061 State of Utah Online Marketplace RFP CDW Government LLC Page 2 of 100 February 12, 2020 Table of Contents Supplier Response ..................................................................................................................... 3 3.1 Company ........................................................................................................................................ 3 3.2 Distribution, Logistics ................................................................................................................... 9 3.3 Marketing and Sales ...................................................................................................................... 22 Attachment G - Exceptions to Terms and Conditions and Signed Forms ........................... 40 Appendix ..................................................................................................................................... 99 Administrative Fee Considerations .................................................................................................... 100 State of Utah Online Marketplace RFP CDW Government LLC Page 3 of 100 February 12, 2020 Supplier Response Supplier must supply the following information in order for the Principal Procurement Agency to determine Supplier’s qualifications to extend the resulting Master Agreement to Participating Public Agencies through OMNIA Partners, Public Sector. 3.1 Company A. Brief history and description of Supplier. Founded in 1984, CDW is a leading provider of technology solutions to over 250,000 customers composed of small-, medium-, and large-sized public and private entities. CDW Government LLC (CDW•G) is a wholly owned subsidiary of CDW Corporation, incorporated in 1998 to address the specific needs of our government, education, and healthcare customers. Our unique company structure provides our customers products and services only a large national reseller can provide, combined with a local presence typical of a small business. We have a large manufacturer presence in our offices across the country and are blanketed in the field with our field account executives. Account Teams are further segmented by agency type, education (K12/High Ed) or government, which allows us to provide each customer with one contact who is knowledgeable of every nuance of their organization. CDW•G is one of the largest direct marketing resellers in the U.S., currently carrying more than 100,000 name-brand technology products from over 1,100 leading IT manufacturers. CDW•G delivers more than just product; we deliver IT solutions and services in a manner consistent with procurement guidelines and customer preferences. We offer flexibility in how customers engage with and buy from us. We have the subject matter experts to advise on the right IT solutions, as well as the purchasing avenues to accommodate efficient and seamless procurement. We pride ourselves on our innovation and ceaseless desire to deliver an excellent customer experience. We are excited by the opportunity to partner with the State of Utah and OMNIA Partners in offering a user-friendly, cost-effective online marketplace for IT products. B. Total number and location of sales persons employed by Supplier. CDW•G currently employs more than 1,300 coworkers, part of our larger organization of 8,800 employees nationwide and in Canada, with over 25 different locations. CDW•G has over 1,225 Account Managers and 60 Field Representatives forming account teams across five verticals: Higher Education, K12 Education, Healthcare, Federal Government, and State & Local Government. In addition, our account teams are organized geographically: North, South, East, and West, enhancing their knowledge of the local landscape including key partnerships and local practices for contracting. Technology specialists and segment technologists act as an extension our account teams. Through their in-depth of specific solution sets, they advise customers on the technology so they can make informed decisions. No other national provider can claim the size and depth of knowledge of our highly skilled account teams, it is a point of pride for CDW•G. Wherever our customers are located, CDW•G invests heavily in our sales teams’ ability to meet our customers’ needs Account Managers per segment:  Higher Education: ~200  K-12 Education: ~350  Healthcare: ~250  Federal Government: ~200  State and Local Government: ~225 State of Utah Online Marketplace RFP CDW Government LLC Page 4 of 100 February 12, 2020 C. Number and location of support centers (if applicable) and location of corporate office. CDW•G Headquarters: 230 N. Milwaukee Ave., Vernon Hills, IL 60061 Our full listing of 25 U.S. sales offices is as follows, including a new location in the Nashville area, a 5,000-square-foot-office enabling us to better support OMNIA Partners members in Tennessee and the South: Chandler, AZ; Glendale, CA; Shelton, CT; Tampa, FL; Chicago, IL; Lincolnshire, IL; Vernon Hills, IL; Evansville, IN; Indianapolis, IN; Detroit, MI; Grand Rapids, MI; Minneapolis, MN; Las Vegas, NV; Cherry Hill, NJ; Eatontown, NJ; Cincinnati, OH; Cleveland, OH; Nashville, TN; Dallas, TX; Reston, VA; Bellevue, WA; Appleton, WI; Madison, WI; Milwaukee, WI; Wausau, WI. D. Annual sales for the three previous fiscal years. CDW•G is a wholly-owned subsidiary of CDW LLC. CDW•G consistently demonstrates continued growth and contribution to the corporate revenue stream as shown in the table below. Fiscal CDW CDW•G Year Total Revenue Revenue Contribution 2019 $ 18.03 Billion $6.9 Billion 2018 $ 16.2 Billion $6.2 Billion 2017 $ 15.2 Billion $6.04 Billion 2016 $ 13.98 Billion $5.6 Billion E. Submit FEIN and Dunn & Bradstreet report. FEIN CDW•G FEIN: 36-4230110 Dunn & Bradstreet Number: We appreciate the State’s request for our most recent Dunn & Bradstreet Business Report; however, providing copies of CDW•G’s Dunn & Bradstreet Business Report creates a breach of contract with Dunn & Bradstreet, and as such, the State can choose to directly obtain a copy of the report using CDW•G’s Dunn & Bradstreet Number 02-615-7235. F. Describe any green or environmental initiatives or policies. CDW•G has long been conscious of our impact on the environment especially regarding our energy consumption, and we have taken significant steps to effectively manage our consumption of resources and lessen our environmental impact. CDW•G recognizes the need for responsible environmental management and conservation of resources and has demonstrated its commitment to environmental management and principles of sustainable development through its beGreen program. The beGreen program provides coworkers a platform to reduce, reuse and recycle to make CDW•G’s operations leaner, more State of Utah Online Marketplace RFP CDW Government LLC Page 5 of 100 February 12, 2020 efficient and more environmentally responsible. Since the inception of the program, CDW has seen overwhelming coworker participation in beGreen. CDW•G has a cross functional team of coworkers who contribute to program management and work to ensure the consistency and integrity of the beGreen program., standards. CDW•G has recycling programs for paper, aluminum, glass, plastic, corrugate, batteries and wooden pallets. Our dedicated beGreen staff continually looks for more ways to be environmentally responsible. beGreen focuses on several key areas:  Coworker education  Community awareness recycling  Resource conservation  ISO14001 ISO 14001:2015 Certification CDW•G has achieved certification to the ISO 14001:2015 Environmental Management System (EMS) standard. The certification has been awarded to CDW•G’s Vernon Hills, IL and North Las Vegas, NV distribution centers and attached offices. CDW•G’s distribution centers use 100% recyclable packing material and shipping containers that also provide maximum protection for your IT assets. As part of our EMS, we conduct in-depth internal audits and self-assessments to support continual improvement. We review our significant environmental impacts each year and set targets to reduce them. EPA Green Power Partnerships CDW•G participates in the United States Environmental Protection Agency’s Green Power Partnership program. In 2008, we began purchasing 100% green power for our two data centers in the Madison, Wisconsin area through the Madison Gas and Electric (MGE) Green Power Tomorrow program. We purchase almost 12 million kilowatt-hours per year of renewable energy, making CDW•G the largest private buyer in MGE’s Green Power Tomorrow program. G. Describe any diversity programs or partners supplier does business with and how Participating Agencies may use diverse partners through the Master Agreement. Indicate how, if at all, pricing changes when using the diversity program. CDW•G Supplier Diversity program goals are to increase procurement opportunities for direct and indirect spending with small, minority-owned, women-owned, veteran-owned, disabled- owned and other small, disadvantaged businesses. The CDW•G philosophy on diversity extends beyond our coworkers, the customers we serve, and the communities we live in to include our valued supplier partnerships. Our commitment to strategically partner with qualified businesses enables CDW•G to continue to provide the best customer experience, while contributing to economic growth in diverse communities. CDW launched its Supplier Diversity program in 2007 and has seen increases in diverse spend since the program’s inception.  In 2018, CDW spend was over $2 billion dollars with small, diverse suppliers. We currently feature over 1,100 diverse suppliers.  In 2019, CDW became a member of the Billion Dollar Roundtable (BDR), joining an exclusive group of U.S.-based companies that have procured more than $1 billion annually from minority- and women-owned businesses on a first-tier basis. State of Utah Online Marketplace RFP CDW Government LLC Page 6 of 100 February 12, 2020 CDW•G is continuously developing other MBE/WBE and SDVOB partnerships to meet customers’ needs. These relationships include but are not limited to product manufacturers, distributors, and service providers nationwide who support direct (Tier 1) and indirect (Tier 2) fulfilment through presales and service engagements. We recruit disadvantaged partners locally and regionally, since customer spending goals are tied to their local laws and usually require the partner to be certified within their city or state. These various engagement models allow participating agencies the choice to engage with the diverse partner that suits their technology needs and where the diverse partner’s business is best suited to provide support in the sales cycle. In this way, we differentiate ourselves from our competitors. We realize that each customer has unique targets that require a thoughtful and dynamic approach to strategic sourcing. Our Supplier Diversity program offers a broad and robust partner network to achieve this.  The following are just a few ways that CDW•G is able to support OMNIA Partners members in meeting their diverse supplier goals: 1. Educate users on CDW•G’s supplier diversity program and how to initiate a planning session.   2. Conduct customer-focused planning sessions with CDW•G Account Manager and supplier diversity program representative.   3. Utilize information gathered from planning sessions to develop custom plans to achieve customer goals around supplier diversity.   4. Perform ongoing engagement to adjust plans as necessary. Pricing should not be affected using diverse suppliers on this contract. H. Describe any historically underutilized business certifications supplier holds and the certifying agency. This may include business enterprises such as minority and women owned, small or disadvantaged, disable veterans, etc. Though not a woman-owned company, it is important to note that since January 1, 2019, CDW has been led by a woman executive – CEO Christine Leahy. Leahy has been with CDW for 17 years, previously served as the company’s chief revenue officer, and was the company’s first general counsel. Women comprise over half the US population but remain underrepresented in leadership positions. Less than 10% of the top executives in Fortune 100 companies are women while only 6.6% of Fortune 500 CEOs are women. Considering these statistics, along with a general underrepresentation of women in IT, CDW•G is setting the pace with Christine Leahy as the 2nd Female CEO of a Fortune 500 company in Illinois, and with female leaders making up 40% of our executive leadership. Fairgodboss recognized CDW•G (ranked 2nd) as one of the best places for women to work. At CDW•G, we aim for equity from the inside out and our executives are leading by example. Ms. I. Describe how supplier differentiates itself from its competitors. Technology requires more than fulfillment – it warrants a vendor who provides quality products and customer experience. A major priority in SLED IT initiatives is flexible, adaptive technology that can promote user needs in a secure fashion. It’s not enough to provide customers with access to product they want in a quick and efficient manner. Procurement officers need to understand their options and SLED agencies need to know their products are securely sourced. Our position as a leading technology solutions provider with: expertise in web fulfillment and State of Utah Online Marketplace RFP CDW Government LLC Page 7 of 100 February 12, 2020 eProcurement, a dynamic pricing structure, mature logistics capabilities, secure and responsible sourcing processes, a fully-developed contract management department, and an in-depth marketing approach combine to create a procurement solution that no other vendor can offer. Web Capabilities Limited budgets and requirements for compliance among SLED customers demand that certain features and functionality be inherent within an online marketplace. We understand these needs and we’ve incorporated them into our digital marketplace solution. For instance, many of the features that our competitors offer at a premium are offered standard through our online marketplace. Features such as competitive, best-value pricing, spend reporting, and account customization are built into our solution. Additionally, we offer customers access to our entire network of diverse suppliers, at no charge, to aid them in meeting requirements. Some marketplace vendors require a subscription just to identify these suppliers. However, we not only identify those currently in our network, we collaborate with users to deliver against their diversity spending targets. Agile Cost Model We commend the State of Utah and OMNIA Partners for creating a procurement vehicle that offers more dynamic pricing for its users. At CDW•G, we have been pioneers in establishing and evangelizing the value of a dynamic pricing structure. We utilize our Nationally Advertised Price (NAP), a Verifiable Price Index, as the starting point in our price proposals. Our NAP dynamically updates and scales in accordance with market trends, competitor pricing benchmarks, and savings from bulk purchasing and stocked inventory. Our customers can be sure that the pricing quoted is the most up-to-date and competitive available on the market. We believe that by receiving additional discounts off an already dynamic price index, the State of Utah and OMNIA Partners will provide best value to eligible users. We choose to go above and beyond competitive market pricing for our customers by offering a pricing approach based on NAP. This approach to pricing combines the benefits of market-based pricing with those of a referenceable pricing structure. Customers have clear insight to their pricing while maximizing additional savings beyond the market price. Blended Distribution Model A significant advantage that differentiates CDW•G in the marketplace is our ability to deliver the right products, at the right value, right when you need them. Many of our competitors rely on what we refer to as “virtual warehouses.” This occurs when a reseller is entirely reliant on their distribution and OEM partners for packaging and shipping customer solutions. This introduces extended lead times and uncertainty in sourcing and supply chain security. At CDW•G, we have blended the best of our OEM’s and distribution partners’ fulfillment capabilities with our own distribution centers to optimize quick and accurate fulfillment. Onsite Inventories In fact, many technology manufacturers choose CDW•G as their primary reseller because of our vast large, on-hand inventories and effective inventory management procedures. CDW•G has two large strategically located distribution centers controlled by a Warehouse Management System (WMS) that ensures speed and accuracy throughout the order fulfillment and distribution processes. CDW•G’s marketing and purchasing departments continuously monitor trends within the IT industry to ensure that we are stocking the latest technology for immediate shipment. With our secure supply chain, we also take proactive measures to reduce the risk of obsolescence and other inventory discrepancies that contribute to increased costs. Strong Manufacturer and Distribution Partnerships State of Utah Online Marketplace RFP CDW Government LLC Page 8 of 100 February 12, 2020 Our delivery model combines manufacturers, distribution channel partners and leading carriers to facilitate quick product turnaround. As one of the largest direct market resellers, CDW•G has established very good working relationships with the major manufacturers in the technology industry. Our buying power attracts the industry’s top manufacturers-and their best prices and rebates. To supplement our direct purchasing model, CDW•G has strong affiliations with principal channel distributors. We have partnered with numerous distributors to supplement our direct purchasing model. Such partners include Tech Data, Ingram Micro, SYNNNEX, Avnet, Arrow Electronics, and D&H Distributing Company. They send us daily EDI downloads which provides visibility to inventory items and pricing broken down by local or remote facilities. Furthermore, our top three distribution partners provide real time inventory information which is subsequently available to members through our online catalog. In-Depth Marketing Approach We also differentiate ourselves from our competitors through our in-depth marketing approach. We utilize an in-house marketing process based on strategy and we keep customer business outcomes in mind while we utilize our deeply rooted customer network as a function of our account management relationships. CDW•G will utilize a number of proven activities to publicize and promote this new agreement. Our live touch approach includes a proactive communication program, as well as both inside and field sales teams meeting with eligible users. Our customers rely on their account manager as an expert resource; this includes leveraging contracts. Most often, when a customer purchases from a specific contract, it is because of a direct suggestion from their account manager. CDW•G’s sales and marketing plan combines past CDW•G marketing successes with a strategy to effectively capture net new business. We leverage our reporting capabilities to determine potential target customers. After determining targets, CDW•G can then educate them on the benefits of the new contract and grow net-new business. Through this method, the State of Utah, OMNIA Partners and CDW•G will gain traction with users faster than a supplier that does not have these existing relationships in place. Contract Management CDW•G is extremely dedicated to the quality and reliability of our procurement management process. Some vendors, even large suppliers, do not have a team dedicated to managing their contracts. Instead, these companies rely on the sales team to manage compliance issues and reporting. We can imagine that this results in delayed responses, unreliable support, and in worst cases, faulty reporting. A differentiator for CDW•G is our Program Management Department, a group of more than 100 coworkers devoted to the full scope of contractual sales, including managing contracts. Keeping our contract management within one group makes oversight and structured processes easy to implement. In turn, this eases oversight responsibilities to one central group and allows CDW•G to standardize our contract management processes and share best practices – in turn reducing risks and improving efficiencies. With an average of over ten years of industry experience and active participation in National Contract Management Association, CDW•G program managers are qualified to advise and serve our customers at all stages of the contract process. J. Describe any present or past litigation, bankruptcy or reorganization involving supplier. There are no known present or past litigation, bankruptcy, or reorganization involving CDW•G. K. Felony Conviction Notice: Indicate if the supplier State of Utah Online Marketplace RFP CDW Government LLC Page 9 of 100 February 12, 2020 a. is a publicly held corporation and this reporting requirement is not applicable; b. is not owned or operated by anyone who has been convicted of a felony; or c. is owned or operated by and individual(s) who has been convicted of a felony and provide the names and convictions. CDW•G is a publicly held company and this reporting requirement is not applicable L. Describe any debarment or suspension actions taken against supplier There are no known debarment or suspension action taken against CDW•G. 3.2 Distribution, Logistics A. Describe the full line of products and services offered by supplier; pricing is only to be provided in the cost proposal. CDW•G’s complete portfolio of product offerings includes over 100,000+ products from more than 1,100 manufacturers. Based on the strength of our success and our product portfolio, we are able to offer our customers the newest technologies, robust discounts, and focused OEM support unavailable with our competition. Additionally, as technology is constantly evolving, we are always on the lookout for new vendors and new technologies to add to our offerings. CDW•G provides expert consulting, design, configuration, installation, and lifecycle management services. Our offerings are extremely comprehensive as follows: OFFERINGS PRODUCTS & PARTNERSHIPS 100,000+ products from more than 1,100 vendors including Acer, Adobe, Cisco, Dell, EMC, HP, IBM, Lenovo, Microsoft, NetApp, and VMware TECHNOLOGY SERVICES  e-Procurement integration  Leasing services  Managed services  Pre-shipment configuration  Professional services  Warranty and maintenance TOTAL SOLUTIONS  Cloud  Collaboration  Data center and networking  Managed Print Services  Point of Sale  Security  Software management  Total Mobility Management We are offering an abridged catalog in line with the product scope definition provided by the State of Utah for the Information Technology-Peripheral Devices and Related Products category State of Utah Online Marketplace RFP CDW Government LLC Page 10 of 100 February 12, 2020 on this contract. Services are not included in the scope of the contract. Within our offered categories, members have access to our full suite of products and vendors that align with the IT category products. We have the flexibility to restrict what customers can see (i.e. certain manufacturers, products, etc.) to ensure it is in line with the scope of the contract. Upon award, our teams will work closely with the State and OMNIA to determine which products/manufacturers are available to customers. We have the systems in place to guarantee that out of scope product does not make its way into the marketplace. We can regularly review the product taxonomy with the State and other members nationally that adopt the contract to add additional products to fit the needs of the users. B. Provide details of any minimum order requirements, free goods program, and any other general offers or requirements (excluding information specific to price). We do not have any minimum order requirements, free goods program, or any other general offers to provide at this time. C. In detail, describe any and all compliance and reporting methods that can be utilized by participating agencies to include available digital analytics. Our dedicated Program Management team is able to comply with all reporting requirements of this agreement. CDW•G is consistently lauded for its comprehensive and accurate reporting. We have built specialized software to automate many aspects of the reporting process. In addition, the State of Utah and other customers will benefit from regular business reviews presented by the program manager based upon the data being reported. The Program Management team can also create customer reporting upon request. CDW•G’s reporting capabilities are extremely flexible and comprehensive. Your CDW•G Account Center provides real-time information in a way that is convenient and easy to use. Authorized users have access 24 hours per day, 7 days per week, 365 days a year. Reports can be generated for a wide range of time periods including Current Year, Month to Date, or Last Quarter. Authorized users have the ability to generate a variety of reports. Drag and drop pivot points can be created to sort and filter data. Customers can view standard reports and create and save custom reports. Reports can be generated for a range of timeframes and differentiated by site, division, department, buyer, city, state, product, etc. Reports can be downloaded into Microsoft Excel, CSV and tab-delimited files. Order Reporting enables users to view and/or extract data related to order activity:  Customer #  Category  Shipping Address Line 1  Order #  Sub-Category  Shipping Address Line 2  Order Date  Part Description  Shipping City  Purchased By  Qty  Shipping State/Province  PO #  Price  Shipping Postal Code  Cost Center  Extended Price  Serial #  Invoice #  Subtotal  MFG Name  CDW #  Grand Total  Asset Tag  MFG #  Advertised Price  Software Key State of Utah Online Marketplace RFP CDW Government LLC Page 11 of 100 February 12, 2020 Payment Reporting enables users to view and/or extract data related to payment activity (e.g. Invoices/Credits):  Customer #  Purchased By  Ledger Entry #  Payment Type  PO #  Total  Entry Type (e.g. Invoice, Credit)  Payment Due  Status  Balance Due  Document Type  Cost Center D. In detail, describe any and all abilities that both the supplier and the participating agency can restrict items as needed. Include any ability for agencies to select available categories. CDW•G maintains an internal product taxonomy based on common IT categories. We utilize the categories to manage contract pricing. Upon contract award, our Program Management team will work with the you to determine which product categories are applicable to the scope of the contract and which are not. The contract structure is loaded into our internal contractor editor system which will link pricing and products to the associated premium page and contracts within a customer’s Account Center. Additionally, within a customer’s Account Center, the Administrator can create customized catalogs that contain specific products. The Administrator can assign rights to specific catalogs to specific groups of users, making it easy for users to select approved products. The Custom Catalogs feature lets the Administrator(s) efficiently create catalogs using one or more established rules. These rules determine what products to include in a catalog based on a variety of criteria including part numbers, past purchases, company favorites, contracts, or search criteria. E. Describe how supplier proposes to distribute the products/service nationwide. Include any states where products and services will not be offered under the Master Agreement, including U.S. Territories and Outlying Areas. We offer more than 100,000 brand-name products from over 1,100 leading manufacturers. We carry over $200 million in inventory, and ship most in-stock products the same day they are ordered. The result is that contract purchasers receive a shipment from CDW•G in just 3-5 days, far surpassing our competitor’s capabilities. Our distribution centers are strategically located in Vernon Hills, IL and North Las Vegas, NV, so we have the capability to deliver a wide array of shipping options that best fit your needs. We work with UPS, FedEx, CEVA, UPS Freights, Dynamex, and Veterans Messenger service to get you what you need, when you need it. We offer overnight, same day, 2 day, 3 day, and ground shipping options to best meet your needs. On average, we ship up to 39,000 boxes per day. Our two distribution centers have a combined square footage of almost a million square feet. Every stage of our distribution process is automated, with our custom-designed sorting systems, built to optimize the shipping process. Packed boxes are sorted and weighed onto the conveyor system. Combined, our distribution centers have almost twelve miles of conveyor belts that feed the sorting system. The barcode scanner reads the shipping label and the packed box’s correct loading dock is determined. Once the order shipment is ready for loading, a final scan determines the correct truck (for instance, FedEx overnight) and sends it down the designated conveyor into the truck. The automated systems even help to load the trucks in ways that optimize shipment-processing speeds. When your package reaches the correct shipping portal, the sorting system drops your package State of Utah Online Marketplace RFP CDW Government LLC Page 12 of 100 February 12, 2020 down a chute that brings your order to the door dock to be loaded onto the correct carrier’s truck and then your package is on its way for delivery. The benefits of our automated distribution systems are that the State of Utah and eligible users will receive the right products, configured to your specifications and ready to use out of the box, and delivered on time. We can ship most products to US Territories and Outlying Areas, but it is dependent on upon the manufacturer’s agreements with those territories. F. Without describing specific pricing at this time, describe how Participating Agencies are ensure they will receive the Master Agreement pricing; include all distribution channels such as direct ordering, retail or in-store locations, through distributors, etc. Describe how Participating Agencies verify and audit pricing to ensure its compliance with the Master Agreement. OMNIA Partners can feel confident with an award to CDW•G. We have processes in place to ensure that the contract prices proposed are maintained throughout the life of the contract. CDW•G will use automated internal systems as well as Program Management personnel to manage the proposed price structure. Upon award, we will load the contract structure based on our product categories into our internal contract editor system which will then create a customer premium page with a distinct URL that will reflect the contracted price. Once the structure is loaded, no additional manual intervention is needed to maintain it. As with all of our contracts, the Online Marketplace contract will be assigned a Program Management team led by a Program Manager (PM) who will ensure contract deliverables are met as well as maintain the correct contract price. The Program Manager regularly conducts self-audits to ensure pricing compliance and takes corrective action when needed. CDWꞏG’s discount offering is based on our National Advertised Price, which is a nationally verifiable price list that can be accessible at any point to ensure the pricing seen by users is in compliance with the Master Agreement. The State of Utah’s shoppers are able to do an ad hoc audit of the contract offering two ways through Account Center (which is explained in further detail in proceeding sections): 1. Shoppers are able to go to specific contracts and download entire price files for a wholistic view of the contract offer and the associated costs. 2. Shoppers can also shop and view prices of products within a contract, dynamically over the web and further filter the search based on categories as well as other parameters Exhibit A – Download Price Files State of Utah Online Marketplace RFP CDW Government LLC Page 13 of 100 February 12, 2020 Exhibit B – Dynamic web filtering by contract State of Utah Online Marketplace RFP CDW Government LLC Page 14 of 100 February 12, 2020 G. In detail, describe the supplier’s digital portal and how it differs from competitors. Your CDW•G customized landing page is a suite of features and information designed to make IT purchases easy. Authorized State of Utah users and administrators will benefit from an easier and more cost-effective method of ordering, tracking, and managing IT purchases under the negotiated Product Purchase Agreement. Administrators will benefit from enhanced product and pricing standardization, purchase approval processes, and asset management. The CDW•G Customized Website is provided as a value-added service, upon award. Standard Features include:  Connect with your dedicated account manager and team of specialists.  Maintain consistent, contract-compliant pricing. State of Utah Online Marketplace RFP CDW Government LLC Page 15 of 100 February 12, 2020  Create quotes from your shopping cart and retrieve quotes through collaboration with your account manager.  Create bundles for easy reordering  Automate purchase approvals and control rogue purchasing  Maintain customized catalog(s)  Promote IT standards.  Track orders and shipments.  Manage purchases and payments.  Set shipping and billing preferences and manage contact information.  Control access to features and information throughout your organization. Unlike our competition, we offer this functionality at no cost to the customer. Our digital marketplace solution includes those features that resonate with the needs of SLED customers such as competitive pricing, free shipping, spend reporting, and account customization. Costs for these features from competitor solutions can exceed $10,000 annually. When considering best value, this is an incremental fee runs counter the State of Utah’s and OMNIA Partners’ intention of providing a cost-effective, user-friendly digital marketplace. Another way we differentiate ourselves is through our flexible and collaborative approach to facilitating customers preferences in our procurement solutions. For instance, we can implement eProcurement integration to accommodate existing customer platforms. Also, if customers require process automation, we can facilitate through API. Many vendor marketplaces are proprietary, making it difficult for customization or integration. Customers are forced to adapt their model to the supplier. Instead, we lead with the customer’s model by offering the flexibility to customize their buying experience to one that best fits their needs. State of Utah Online Marketplace RFP CDW Government LLC Page 16 of 100 February 12, 2020 H. Identify all other companies that will be involved in processing, handling or shipping the products/service to the end user. We have positioned ourselves very closely with the major carriers, in order to provide a wide range of delivery options to meet our customers' varying needs. Due to their excellent record for on-time delivery, extensive service capabilities and competitive pricing, we ship the majority of our products via FedEx and UPS.. Both companies have employees on site at our warehouses, individuals with a long history of supporting CDW•G. We can also leverage the carrier’s intermodal transport options. Additionally, we have contracts with truckload (TL) and less than truckload (LTL) carriers for large orders and heavy products. To make sure that our customer’s consistently receive reliable delivery services, we constantly monitor our shipping carriers regarding lost packages, damaged packages and overall on-time delivery, making adjustments as needed. If a carrier isn’t meeting our service standards, the carrier is not maintained as one of our preferred shippers. I. Provide available ordering methods – online ordering, order tracking, search options, and order history. Users benefit from the flexibility we offer regarding order placement. We take pride in offering a variety of procurement methods to suit varied needs and preferences. Regarding the intent of this solicitation, customers can place orders through our online marketplace via the contract Premium Page and their Account Center. Additionally, we are able accommodate user needs regarding alternate methods for order placement. Orders can be placed via:  Numerous e-procurement applications including [app relevant to customer (ex: Ariba)]  Electronic Data Interchange (EDI)  Email notification  Phone call to your Account Team  Purchase Order fax  API Once an order is ready for shipment, it is securely packaged to ensure safety through the transit process. It is then loaded on to the appropriate carrier truck, based on SFDC’s selected shipping method, and delivered to its final destination. Once an order is placed, the customer receives immediate confirmation via email. Real-time order status information is then available 24 hours a day on the custom procurement portal. The Order Status feature of the site enables customers to sort through orders by status; open, completed, backordered and cancelled. It also provides immediate access to the carrier parcel tracking numbers associated with purchases. Order Center — Track Order Status and Purchase History Instantly This feature offers a full breadth of tools to track order status, leases, purchasing history and financing options. Original invoices outstanding balances and invoices, credits, adjustments, and/or payments can be printed and viewed. Members can download purchasing history in preferred time increments (such as month-to-date, last six months, prior year, etc.) in any number of formats. The system can automatically save this data in a spreadsheet or database application. Customers can State of Utah Online Marketplace RFP CDW Government LLC Page 17 of 100 February 12, 2020 readily search orders, obtain tracking numbers, check shipping status, and request a Return Merchandise Authorization (RMA). Online Quotes — Create, Review, and Place Orders in Minutes Users can review a quote online, just moments after it is created by their Account Manager. It can be printed, forwarded to colleagues or managers for pre-authorization, or converted to a live order. This feature also allows quote creation right from the users shopping cart, in addition to viewing contracts, volume, and bid pricing online. State of Utah Online Marketplace RFP CDW Government LLC Page 18 of 100 February 12, 2020 Online Approval System: State of Utah Online Marketplace RFP CDW Government LLC Page 19 of 100 February 12, 2020 Activate the Purchase Authorization System (PAS) and Custom Catalogs options to save time. PAS streamlines purchasing using rules-based approvals and workflows. Custom Catalogs define and limit the products that may be purchased. Your Customized Website also automates your approval process. The Purchasing Authorization System (PAS) enables you to restrict your employees’ purchasing power and to automate required approvals before any order is placed. PAS bypasses the laborious step of having your purchasing administrator personally place each order. This process allows for multiple levels of approval, as well as multiple approval systems which can all function independently for the departments and locations involved with your company’s procurement process. This system also allows for reporting that is specific to orders which have moved through the requisition process setup through PAS. All reporting is as dynamic and editable as the other tools on your Customized Website. Consolidate Accounts Link two or more CDW•G accounts online and consolidate access to important account information. Account consolidation enables access to multiple billing addresses at checkout, purchase and payment history, and active quotes, as well as order status for two or more related accounts. State of Utah Online Marketplace RFP CDW Government LLC Page 20 of 100 February 12, 2020 Custom Fields Increase your tracking of purchases and consolidate information for easy analysis using the following custom field features:  Establish custom fields according to accounting guidelines for tracking and reporting.  Activate one or more custom fields to track purchases at the line item or order level.  Choices include cost center, department number, accounting code number, and more.  Information is printed on invoices and becomes part of purchase and account history data. Reporting Capabilities CDW•G’s dynamic reporting capabilities, including our pivot table feature that enable State of Utah members to manage data and information easily to make more cost-effective decisions. State of Utah Online Marketplace RFP CDW Government LLC Page 21 of 100 February 12, 2020 Personalized Setup and Support CDW•G will set up a Customized Website for State of Utah members, so authorized users can place orders and track the status of orders at any time. The member’s dedicated account manager will arrange a demonstration to make sure that users are familiar with its functions and benefits. J. Provide available payment terms. Payment terms are Net 30 and credit card. K. Indicate if payment will be accepted via credit card. If so, may credit card payment(s) be made online? Also state any convenience fees, if allowable, per the Visa Operating Regulations. Payment is accepted via credit card at the time of purchase, which can be made online. There are no convenience fees for using a credit card applied to the customer. L. Provide the number, size and location of Supplier’s distribution facilities, warehouses and retail network as applicable. State of Utah Online Marketplace RFP CDW Government LLC Page 22 of 100 February 12, 2020 CDW•G’s two strategically located distribution centers have a combined size of almost one million square feet. Our Central Distribution Center in Vernon Hills, IL, ships primarily to customers in the eastern half of the U.S. Our Western Distribution Center, in North Las Vegas, NV, ships primarily to customers in the western half of the U.S. Each distribution center serves as backup for the other. A state-of-the-art Warehouse Management System (WMS) controls both of these centers, ensuring speed and accuracy throughout the order fulfillment and distribution processes. In addition to working with OEM partners to supplement our direct purchasing model, CDW•G has developed strong affiliations with principal distributors: Synnex, Tech Data, and Ingram Micro. Our OEM partners send us daily electronic data interchange (EDI) downloads, giving us visibility to inventory at their locations. Our top three distribution partners provide real time inventory information. Using this multi-layered procurement structure, we secure out-of-stock product(s) within as little as 24-48 hours, depending on customer requirements. 3.3 Marketing and Sales A. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as supplier’s primary go to market strategy for Public Agencies to supplier’s teams nationwide, to include, but not limited to: i. Executive leadership endorsement and sponsorship of the award as the public sector go-to- market strategy within first 10 days We maintain an ecosystem of coworkers committed to successfully managing all aspects of a contract through its entire lifecycle. From our executive leadership to contract management, our coworkers will collaborate to customize a detailed yet effective plan to launch and grow this contract. CDW•G has a successful contract launch history where we focus on five areas of the contract which are: Intake, Set-Up & Compliance, Education, Measure and Growth. By focusing on these areas specifically, we launch contracts to the CDW•G teams with the most powerful and applicable details to optimize the success of this new agreement. We bring leaders from across our public sector teams together with OMNIA Partners multiple times a year to review contract initiatives, joint goals, and customer feedback. Our ongoing effort in specific target accounts help increase contract utilization and drive contract adoption amongst non- participating agencies. We meet monthly to review the current state of the business and execution of our growth and marketing strategies. CDW•G’s leadership team is securely behind the growth and strategy of this program for both the State of Utah and nationwide. Key members of the leadership team include: David Hutchins, VP of Strategic Programs, leads the newly aligned Strategic Programs organization which includes functions of Pre-award Programs, Post- award Programs, Capture/Business Development and Pubic Sector Strategic Initiatives. Prior to this, David has held numerous sales leadership roles leading Federal, K-12, Higher Education, State & Local teams spanning nearly 27 years with CDW. State of Utah Online Marketplace RFP CDW Government LLC Page 23 of 100 February 12, 2020 Ben Bourbon, VP of Government Sales, is responsible for providing strategic direction of the sales groups that oversee CDW•G’s government business. He leverages his internal and external relationships to further drive the success of the contract, and continually collaborates with manufacturer partners, allowing CDW•G to provide the latest technology solutions across the nation. Joe Simone, VP of Education Sales, is an executive sponsor of the contract. He continues to focus sales teams on the success of the contract, and continually collaborates with manufacturer partners, allowing CDW•G to provide the latest technology solutions to help further the mission of ‘the connected classroom’ across the nation. Chris Webb, Director of Capture, is also an executive sponsor for all OMNIA Partners agreements and is committed to the overall success of the CDW•G- OMNIA partnership. In his position, he is dedicated exclusively to our company’s contractual sales, and leads with the knowledge and experience in cooperative purchasing contracts. We understand the pivotal role that launch implementation plays in the overall success of the contract. Upon contract award, our executive sponsorship team will internally evangelize this agreement as a preferred contract vehicle for online, transactional IT purchases amongst our SLED customers. Internal communication deliverables to be implemented within 10 days of contract award date include a companywide contract announcement email and a sales-specific announcement detailing contract benefits for online, transactional business. To facilitate our growth strategy, CDW•G holds many public agreements, some with mandatory requirement within individual states. We cannot agree to market the State’s contract as our primary public sector go-to-market strategy. We have however included a detailed marketing plan to drive contract awareness, adoption and success. Moreover, CDW•G has a proven record of winning and growing OMNIA agreements, and the resources needed to do so. OMNIA Partners has our commitment to do the same here. ii. Training and education of Supplier’s national sales force with participation from the Supplier’s executive leadership, along with the OMNIA Partners, Public Sector team within first 90 days CDW•G’s program management department is singularly devoted to managing contracts. Its responsibilities are separate from those held by account managers. Members of the program management department work full-time to maintain contract compliance and administer contract procedures, including contract launch. CDW•G invests in these resources based on our understanding that contracts are complex sets of commitments. CDW•G’s Program Manager, Jumana Dihu, has in-depth working knowledge of OMNIA Partners including the former cooperatives, National IPA and TCPN. She collaborates with CDW•G’s marketing department to create awareness and training campaigns to enable our national sales force. Jumana will work directly with our sales leadership, the State of Utah, and OMNIA Partners to develop and execute a training program for our sales force. Training content will cover contract scope and operations, growth strategy endorsed by executive leadership, and the contract benefits. State of Utah Online Marketplace RFP CDW Government LLC Page 24 of 100 February 12, 2020 Our sellers will then be equipped with relevant collateral to communicate with customers. Curriculum development, trainings, and collateral creation will be completed within 90 days of contract award. B. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to market the Master Agreement to current Participating Public Agencies, existing Public Agency customers of Supplier, as well as to prospective Public Agencies nationwide immediately upon award, to include, but not limited to: Just as our contract management team leads contract launch and maintenance requirements, our sales force upholds strategic relationships with current and potential OMNIA customers. These relationships uniquely position us to develop and deliver an awareness and growth campaigns to members through a trusted advisor network. Our account teams have long-standing customer relationships in which they often become an extension of their customers’ IT and purchasing teams. Our account managers speak with their customers weekly, if not daily. As a result, our customers turn to their account managers for purchasing recommendations, including which contracts to leverage. Within 90 days of contract award, we will leverage this trusted advisor network and our marketing capabilities (e.g., customer-facing collateral, email campaigns, call campaigns, social media, etc.) to quickly and effectively alert registered and potential customers of the new contract and its benefits. i. Creation and distribution of a co-branded press release to trade publications To successfully implement a marketing plan, marketers must first know their audience and how to access them. CDW•G partners with various trade publications to access our target customers. Within 90 days of contract launch, our marketing team will work with OMNIA Partners to develop content to disseminate to customers. Below, we have outlined potential avenues in which we can access target customers. Publications. CDW•G partners with industry experts to publish sector-specific online and hardcopy magazines for State (StateTech) – shown in the graphic on the right, K-12 (EdTech Focus on K-12) and Higher Education (EdTech Focus on Higher Education). To successfully implement a marketing plan, marketers must first know their audience and how to access them, and these publications help access our target customers. All of the aforementioned publications deliver relevant content via print, blog, video case studies, and e- newsletters on topics including classroom, cloud, data center, hardware, software, security and services. Additional publications include:  CoSN  EdTech Magazine: Focus on Higher Ed  EdTech Magazine: Focus on K-12 Education  EDUCAUSE  GovExec  GovTech  NASCIO  NASTD State of Utah Online Marketplace RFP CDW Government LLC Page 25 of 100 February 12, 2020  StateTech Magazine Advertisements and Cobranding. CDW•G works with internal and external marketing teams to profile CDW•G and partner delivered technology productions, solutions and services on customized flyers that are easily accessed electronically or printed to hand out. Custom flyers are created for all CDW•G contracts. The example below is for a statewide hardware contract with the State of Utah for PC Stores and following CDW•G guidelines was designed to bring value to those new to CDW•G as well as long-time agency users and partners, with information that includes:  Quantified examples of CDW•G’s experience and approach to serving the State;  Samplings of our breadth and depth of industry partnerships  Contract specifics where customers can find CDW•G delivered solutions and services; a  Contact details for Account Managers and Field Account Executives We are able to do the same thing for the State of Utah on this contract and other OMNIA Partners, should you want to. State of Utah Online Marketplace RFP CDW Government LLC Page 26 of 100 February 12, 2020 State of Utah Online Marketplace RFP CDW Government LLC Page 27 of 100 February 12, 2020 Social Media CDW•G meets our customers where they are on today’s technology horizon. The CDW Social Squad, who are employees educated on and active in social media, pushes customized content to and through social media outlets including relevant articles, emerging technology news, information on available contracts and upcoming events in customer-specific markets. With over 1,700 entries and counting across topics including Cloud, Data Center, Digital Workspace, Networking, Security, and Software, CDW’s Solutions Blog delivers evocative and relevant content. Authored by our own subject matter experts, articles are written to help our customers navigate and digest the overwhelming amount of data that comes at them every day as they work to make better decisions for more effective and efficient solutions that meet their individual goals. ii. Announcement, Master Agreement details and contact information published on the Supplier’s website within first 90 days We will create a customized Premium Page so customers can easily shop for featured products. It will be active on the first day the contract goes live and feature co-branded material with your organization’s logo and message. This website will include up-to-date pricing on all eligible products. Authorized users and administrators access the information they need when they need it and benefit from real-time updates to inventory and price. iii. Design, publication and distribution of co-branded marketing materials within first 90 days Our standard contract launch process includes developing collateral to promote contract awareness and education among internal and external stakeholders. Content will focus on the administrative and strategic value of utilizing this new agreement. Specifically, we will highlight the convenience of the online marketplaces, as well as the cost and time savings associated with consolidating transactional procurement needs by leveraging the new agreement. Possible outlets to disseminate content include our internal Corporate Communications, our Public Sector Publications (State Tech & Ed Tech), a sale- led communications campaign, and Social Media. We use Twitter, Facebook, and LinkedIn as avenues for marketing, education, updates and general communication with customers. Active social media helps customers stay informed with links, posts and articles of interest in the way that they choose to receive information. We also maintain an internal group that is focused on submitting and curating social media content called the Social Squad. It even has its own app available for Android. Social Squad members are encouraged to submit content on a number of topics, including industry news, products and deals, emerging technologies, product launches, featured partners, and more. We are able and willing to participate in co-branding marketing opportunities with OMNIA. For instance, a combined OMNIA and vendor branding logo can be created to include in social media advertisements, the agreement’s customized Premium Page, customer-facing digital and print one- agers, and customer-facing emails. Upon contract award, intend to conduct a collaborative kick-off meeting dedicated to developing our go-to-market strategy including the development and distribution of co-branded marketing materials within the first 90 days. iv. Commitment to attendance and participation with OMNIA Partners, Public Sector at national (i.e. NIGP Annual Forum, NPI Conference, etc.), regional (i.e. Regional NIGP Chapter Meetings, State of Utah Online Marketplace RFP CDW Government LLC Page 28 of 100 February 12, 2020 Regional Cooperative Summits, etc.) and supplier-specific trade shows, conferences and meetings throughout the term of the Master Agreement CDW•G acknowledges and will employ all commercially reasonable efforts to attend and participate with OMNIA Partners at trade-shows and conferences throughout the term of the Master Agreement. In 2020, CDW•G’s schedule includes over 100 regional and nearly as many national events including FETC, TCEA, ISTE, Educause, National Sheriffs Association as well as numerous in market events such as eRepublic Digital Government Summits and CDW•G hosted events. In past years, we have attended many events in which we promoted the contract, including NIGP, NASPO, CAPPO, and FAPPO. We will continue this practice with the new agreement, as well. For 2020, we are already committed to attend the OMNIA Partners Regional Connections Event in Philadelphia. v. Commitment to attend, exhibit and participate at the NIGP Annual Forum in an area reserved by OMNIA Partners, Public Sector for partner suppliers. Booth space will be purchased and staffed by Supplier. In addition, Supplier commits to provide reasonable assistance to the overall promotion and marketing efforts for the NIGP Annual Forum, as directed by OMNIA Partners, Public Sector. CDW•G has enjoyed participating in the NIGP Annual Forum in past years and will continue to do so with commercially reasonable efforts. We believe in the mission to “develop, support and promote public procurement” and look forward to sharing our best practices with other non-competing OMNIA Partners vendors. vi. Design and publication of national and regional advertising in trade publications throughout the term of the Master Agreement CDW•G will advertise the contract in our own highly viewed publications and our contract specific email campaign. We will continue to promote the contract via avenues such as our EdTech and StateTech publication sites. vii. Ongoing marketing and promotion of the Master Agreement throughout its term (case studies, collateral pieces, presentations, promotions, etc.) CDW•G will market and promote the contract, through various avenues such as announcements in our publications, email campaigns, as well as on the contract's CDW•G premium page. We look forward to working with OMNIA Partners to develop our marketing strategies even further and propose a marketing strategy meeting to discuss a refreshed approached and specific goals/targets for the new contract. Below is a sample of the ongoing email campaign we currently conduct for our OMNIA agreement. State of Utah Online Marketplace RFP CDW Government LLC Page 29 of 100 February 12, 2020 viii. Dedicated OMNIA Partners, Public Sector internet web-based homepage on Supplier’s website with: State of Utah Online Marketplace RFP CDW Government LLC Page 30 of 100 February 12, 2020  OMNIA Partners, Public Sector standard logo;  Copy of original Request for Proposal;  Copy of Master Agreement and amendments between Principal Procurement Agency and Supplier;  Summary of Products and pricing;  Marketing Materials  Electronic link to OMNIA Partners, Public Sector’s website including the online registration page;  A dedicated toll-free number and email address for OMNIA Partners, Public Sector CDW•G currently hosts a dedicated web-page for our OMNIA agreements www.cdwg.com/omniapartners including all contract documentation, marketing materials, products and pricing and relevant links. Upon award we will create a Premium Page dedicated to the new contract. C. Describe how Supplier will transition any existing Public Agency customers’ accounts to the Master Agreement available nationally through OMNIA Partners, Public Sector. Include a list of current cooperative contracts (regional and national) Supplier holds and describe how the Master Agreement will be positioned among the other cooperative agreements. As the State of Utah and OMNIA Partners are both well aware, CDW•G currently holds a significant number of cooperative purchasing contracts including OMNIA Partners, Public Sector (fkna NIPA), Association of Educational Purchasing Agencies (AEPA), and Sourcewell (fkna NJPA). CDW•G is solutions-focused, vendor agnostic and provides consultation to assist our customers to select the contract best suited for their specific procurement needs. For all of our national contracts, we have maintained the transparency of our contract portfolio to our customer and negotiated the removal of language such as “most favored customer” and requirements such as this. CDW•G continues to prove without a doubt that we can keep our commitment to making this contract prosperous amongst our portfolio of offerings. We have transitioned a number of customers and their solicitation opportunities to OMNIA Partners contracts, in the form of participating agreements. Moving forward, we will continue to loop new members in to the contract and sustain the growth. D. Acknowledge Supplier agrees to provide its logo(s) to OMNIA Partners, Public Sector and agrees to provide permission for reproduction of such logo in marketing communications and promotions. Acknowledge that use of OMNIA Partners, Public Sector logo will require permission for reproduction, as well. CDW•G acknowledges and agrees to provide its logo(s) to OMNIA Partners, Public Sector and agrees to provide permission for reproduction of such logo in marketing communications and promotions. We additionally acknowledge that use of OMNIA Partners, Public Sector logo requires permission for reproduction, as well. The core component of CDW•G’s brand identity is its corporate logo; therefore, we ask that you carefully consider the following guidelines when using it. When using the CDW•G logo, you agree to the following: 1. You may use the logo(s) only in the exact form provided by CDW•G and only to accurately and actively link from a website that is under your control to the home page of CDW.com (or another address provided by CDW•G) and for no other purpose. 2. You may not incorporate the logo(s) into any other logo or design. State of Utah Online Marketplace RFP CDW Government LLC Page 31 of 100 February 12, 2020 3. You may not to use the logo(s) in a way that suggests that you or your company or products are affiliated with CDW•G or its products or services in any way. 4. You may not display the logo(s) on any website that disparages CDW•G or its products or services, infringes any CDW•G intellectual property or other rights, or violates any law or regulation. 5. No other logo or design element should appear within 0.5 inches of the CDW•G logo. 6. You may not frame or alter the CDW•G website in any way. 7. At CDW•G’s direction, you will immediately remove the logo(s). 8. Your limited right to use the logo(s) does not constitute a grant of any other right or license. All other rights are reserved by CDW•G. 9. CDW•G disclaims all warranties, express and implied, regarding the logo(s), including warranties against infringement. You agree to indemnify CDW•G from and against any and all claims and liabilities arising out of your use of the logo(s). E. Confirm Supplier will be proactive in direct sales of Supplier’s goods and services to Public Agencies nationwide and the timely follow up to leads established by OMNIA Partners, Public Sector. All sales materials are to use the OMNIA Partners, Public Sector logo. At a minimum, the Supplier’s sales initiatives should communicate: i. Master Agreement was competitively solicited and publicly awarded by a Principal Procurement Agency ii. Best government pricing iii. No cost to participate iv. Non-exclusive CDW•G confirms we will be proactive in direct sales to Public Agencies nationwide and our initiatives will, at a minimum, communicate points i-iv stated above. We are happy to create a contract announcement flyer with the new contract information. A sample from an existing agreement is included below. We would like to further discuss the inclusion of II and IV, and will revise our marketing pieces to include a mutually agreeable message that best represents the value of the contract. State of Utah Online Marketplace RFP CDW Government LLC Page 32 of 100 February 12, 2020 State of Utah Online Marketplace RFP CDW Government LLC Page 33 of 100 February 12, 2020 F. Confirm Supplier will train its national sales force on the Master Agreement. At a minimum, sales training should include: i. Key features of Master Agreement ii. Working knowledge of the solicitation process iii. Awareness of the range of Public Agencies that can utilize the Master Agreement through OMNIA Partners, Public Sector iv. Knowledge of benefits of the use of cooperative contracts CDW•G acknowledges and complies with the above requirement. CDW•G’s Program Manager, Jumana Dihu, will work directly with our sales leadership, the State of Utah, and OMNIA to develop and execute a training program for our sales force. Training content will address all of these elements. Our sellers will then be equipped with relevant collateral to communicate with customers. Curriculum development, trainings, and collateral creation will be completed within 90 days of contract award. G. Provide the name, title, email and phone number for the person(s), who will be responsible for: i. Executive Support  Name: David Hutchins  Title: VP, Strategic Programs  Email: David.hutchins@cdwg.com  Phone: (847) 968-9782 ii. Marketing  Name: Lauren Bull  Title: Senior Program Manager – Field Marketing  Email: lbull@cdw.com  Phone: (847) 968-0257 iii. Sales  Name: Matthew Olszewski  Title: Executive Account Manager  Email: mattols@cdwg.com  Phone: (312) 419-8288 iv. Sales Support  Name: Matthew Olszewski  Title: Executive Account Manager  Email: mattols@cdwg.com  Phone: (312) 419-8288 State of Utah Online Marketplace RFP CDW Government LLC Page 34 of 100 February 12, 2020 v. Financial Reporting  Name: Jumana Dihu  Title: Program Manager  Email: jumdihu@cdwg.com  Phone: (312) 547-2495 vi. Accounts Payable  Name: **we assign Accounts Payable personnel for each manufacturer, not per customer or per contract, contact details can be shared post award for a particular manufacturer if necessary  Title:  Email:  Phone: vii. Contracts  Name: Jumana Dihu  Title: Program Manager  Email: jumdihu@cdwg.com  Phone: (312) 547-2495 H. Describe in detail how Supplier’s national sales force is structured, including contact information for the highest-level executive in charge of the sales team. The CDW•G customer support models starts with our account managers. As part of the CDW Experience, we organize our sales force differently from other companies in order to best serve our customers. First, our account managers are trained to become experts within the public sector segment they support – K-12, Higher Education, State & Local government, Federal government and Healthcare. The advantage is that they can address the very specific needs of their unique customers. To further equip our account managers to support their customers, CDW•G divides the salesforce into distinct geographic regions to ensure that sellers are prepared to support the local landscape in a way that is unmatched by other vendors, both small local and national companies. Our full listing of 25 U.S. sales offices is as follows, including a new location in the Nashville area, a 5,000-square-foot-office enabling us to better support OMNIA Partners members in Tennessee and the South: Chandler, AZ; Glendale, CA; Shelton, CT; Tampa, FL; Chicago, IL; Lincolnshire, IL; Vernon Hills, IL; Evansville, IN; Indianapolis, IN; Detroit, MI; Grand Rapids, MI; Minneapolis, MN; Las Vegas, NV; Cherry Hill, NJ; Eatontown, NJ; Cincinnati, OH; Cleveland, OH; Nashville, TN; Dallas, TX; Reston, VA; Bellevue, WA; Appleton, WI; Madison, WI; Milwaukee, WI; Wausau, WI. State of Utah Online Marketplace RFP CDW Government LLC Page 35 of 100 February 12, 2020 Each member has a dedicated account manager who maintains overall responsibility for coordinating all CDW•G resources to achieve the highest standards of customer service. They are the first line of contact for orders, questions, and marketing implementation. CDW•G account managers, their supporting product specialists, and their sales managers understand the current technology trends and are specialized to only work with public-sector customers. This is one of the great benefits of partnering with CDW•G. OMNIA Partners members will have access to much more than a single resource; members will also have access to an entire sales and support team that are ready to address any member’s need. CDW•G, from the executive level down to your account manager, is focused on ensuring that OMNIA Partner’s members’ needs are consistently and satisfactorily met. To simplify the customer service process, we recommend OMNIA members bring any issues or inquiries to the attention of their dedicated account manager. Members’ CDW•G account managers are the center of their customer service and support experience. CDW•G account managers’ first step is always to listen. Then they evaluate and determine the best next steps. If the account manager cannot correct the issue, they will escalate it to their sales manager. If the sales manager cannot correct the issue, they will escalate it to the director. Escalation continues all the way up to the executive leader who oversees this contract, our Vice President of Government and Strategic Programs, Ben Bourbon and David Hutchins, respectively, until we provide a suitable solution to the performance issue. While this type of escalation is rare, we always work to sufficiently and expeditiously resolve any escalations. Usually, resolution is as simple as walking a few desks over to explain the situation. The beauty of this approach is that the customer does not have to manage the process, hunt down contacts or explain their issue many times over. They are kept in the loop on progress of the resolution, while their CDW•G team takes care of the rest. Because we designate an actual person and not a faceless inbox, they can reach out to their account manager whenever they feel necessary. For mission critical issues, we follow the same path with expedited timelines. If problem resolution is specific to a coworker, such as performance of an account manager, the customer is encouraged to reach out to the coworker’s manager, who will then take the appropriate steps to address. Contact information for your account manager, sales manager and customer relations can all be found easily in your cdw.com account center. State of Utah Online Marketplace RFP CDW Government LLC Page 36 of 100 February 12, 2020 A follow-up step in our incident escalation process involves taking the incident resolution process one step further. Our sales teams work hand-in-hand with our Program Management team to ensure that for issues requiring significant escalation, we determine proactive measures to prevent the problem from recurring. We want to understand why it happened to make sure it doesn’t happen again. This is one of the reasons we are consistently lauded for outstanding customer service. Beware of proposed incident escalation paths that go no further than issue resolution. Vendors that correct the problem but acknowledge it no further than incident escalation/resolution will be able to offer only temporary fixes. They won’t understand the causes of where they failed to meet member expectations. OMNIA can be confident in this contract’s level of Executive Sponsorship within CDW•G, as well. Stephanie Bishop, Sales Manager; Tony Sivore, Director of Sales, SLG West; Ben Bourbon, Vice President of Government Sales; and Chris Webb, Director, Capture are all high-level, accessible, points of contact focused on the success of this agreement. I. Explain in detail how the sales teams will work with the OMNIA Partners, Public Sector team to implement, grow and service the national program. An OMNIA member’s first point of contact with CDW•G is their dedicated account manager. As such, we understand how critical it is for our account managers understand the scope and benefits of the OMNIA agreement. In conjunction with the technical trainings offered to our CDW•G account teams, our Program Management team will train our sales teams regarding the OMNIA agreement with CDW•G. The diverse nature of our training program gives each account team confidence to support OMNIA members through the entire sales cycle from project inception, purchase, solution deployment, and post-sale support. Our account teams clearly and concisely deliver the value of the OMNIA agreement to non-members helping to drive increased adoption and contract growth. Public sector customers are seeking a digital platform for quick and simple procurement of transactional items. Our account managers, across all segments and regions nationwide, will be poised and prepared to guide and educate members on this new procurement option. Tenured CDW•G account managers are actively marketing the current City of Mesa OMNIA agreement to customers and are very familiar with its benefits, including product categories, administrative fee structure, and flexibility. While there will be subsequent trainings upon award, the Online Marketplace contract will easily be added to our account manager’s repertoire to become an arrow in their OMNIA quiver. The ramp up time for our account managers will be far quicker than account managers who lack such familiarity with OMNIA agreements. In addition to our Account Managers, our Business Development team is actively engaged with OMNIA Regional Managers and leaders in Partner Development and Strategic Accounts to review the state of our joint business, develop growth goals and strategies and execute prescriptively to drive business the OMNIA Partners portfolio. This new contract will fit seamlessly into the overall program allowing us to quickly develop and expand contract usage utilizing a proven model. I. Explain in detail how Supplier will manage the overall national program throughout the term of the Master Agreement, including ongoing coordination of marketing and sales efforts, timely new Participating Public Agency account set-up, timely contract administration, etc. As with all of our contracts, the Online Marketplace contract will be assigned a Program Management team led by a Program Manager (PM) who will ensure c contract compliance and administer contract procedures, including contract launch. The Program Manager regularly conducts self-audits to ensure pricing compliance and takes corrective action when needed. Upon award, CDW•G’s Program Manager, Jumana Dihu, will work directly with the State and OMNIA to stand-up all aspects of the new agreement within our system (e.g., member lists, State of Utah Online Marketplace RFP CDW Government LLC Page 37 of 100 February 12, 2020 pricing, reporting, fee schedules, and other compliance requirements). We will load the contract structure into our internal contract editor system which will then create a customer premium page with a distinct URL that will reflect the contracted price. Once the structure is loaded, no additional manual intervention is needed to maintain it (this non- manual process only applies to catalog contract using CDW•G categories). We also have processes in place to ensure that the contract prices proposed are maintained throughout the life of the contract. CDW•G will use automated internal systems as well as Program Management personnel to manage the proposed price structure. After contract launch, the Program Management team si responsible for adding new members to the contract by linking their account to the new contract. Contract stand-up also includes creation of internal and external resources to aid our customers and sales teams in transitioning to the new agreement. Our ongoing marketing efforts will include the previously discussed topics – i.e. training, publications, attendance at events – to ensure this contract is continually being marketed from contract launch through completion. J. State the amount of Supplier’s Public Agency sales for the previous fiscal year. Provide a list of Supplier’s top 10 Public Agency customers, the total purchases for each for the previous fiscal year along with a key contact for each. We don’t disclose customer financial information; however the following are our 2019 top Public Agency NIPA/OMNIA Customers: 1. Collier City Board of Commissioners 2. City of Glendale - IT 3. Kern County High School District 4. Board of County Commissioners 5. Georgia State University 6. Salinas High School District 7. City of Mesa 8. City of Jacksonville FL 9. El Paso County- IT 10. San Joaquin General Hospital K. Describe Supplier’s information systems capabilities and limitations regarding order management through receipt of payment, including description of multiple platforms that may be used for any of these functions. CDW•G offers our customers several paths to processing orders through an automated process.  eCommerce Platform – Web based o Your customizable CDW•G web portal is available to authorized users 24 hours per day, provides real-time information, and facilitates researching, ordering and tracking purchases. State of Utah Online Marketplace RFP CDW Government LLC Page 38 of 100 February 12, 2020 o Whether you are a first time shopper or an existing customer of CDW•G, we can ensure your order routes to the appropriate account management team that supports the shoppers entity, based on the contract being used.  eProcurement Platform – Punch Out Catalog o As a company, CDW•G is highly experienced in implementing B2B solutions. Since 2001, we have integrated with over 9,000 entities (13,000 customers) and work with over 80 different marketplaces, ERPs and SRMs. Our in-house staff of over 200 IT personnel are dedicated solely to our web, internal, and e-commerce IT systems. Our mature e-procurement practice also means the State of Utah won’t have long to wait to begin using their system. By integrating quicker than our competitors, CDW•G simplifies procurement for eProcurement customers by allowing them to buy IT the way they need based on their specific requirements. CDW•G’s punch out offers the shopper dynamic price offerings, product information and availability while providing industry standard information back into our customers e-procurement platform, such as UNSPSC and contract information. CDW•G can support customers who wish to utilize the State of Utah award(s) through an eProcurement platform.  Application Programming Interface (API) o CDW•G can review customer specific requests where order process automation is needed, but further customization is required. This process may include technologies such as JSON or SFTP, but may be accommodated based upon the scope of the project. M. Provide the Contract Sales (as defined in Section 10 of the OMNIA Partners, Public Sector Administration Agreement) that Supplier will guarantee each year under the Master Agreement for the initial three years of the Master Agreement (“Guaranteed Contract Sales”). $_______.00 in year one $_______.00 in year two $_______.00 in year three To the extent Supplier guarantees minimum Contract Sales, the administration fee shall be calculated based on the greater of the actual Contract Sales and the Guaranteed Contract Sales. While we cannot provide guaranteed minimum contract sales, CDW•G has a proven record of winning and growing OMNIA agreements, and the resources needed to do so. OMNIA Partners has our commitment to do the same here. M. Even though it is anticipated many Public Agencies will be able to utilize the Master Agreement without further formal solicitation, there may be circumstances where Public Agencies will issue their own solicitations. The following options are available when responding to a solicitation for Products covered under the Master Agreement. i. Respond with Master Agreement pricing (Contract Sales reported to OMNIA Partners, Public Sector). ii. If competitive conditions require pricing lower than the standard Master Agreement not-to- exceed pricing, Supplier may respond with lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales are reported as Contract Sales to OMNIA Partners, Public Sector under the Master Agreement. State of Utah Online Marketplace RFP CDW Government LLC Page 39 of 100 February 12, 2020 iii. Respond with pricing higher than Master Agreement only in the unlikely event that the Public Agency refuses to utilize Master Agreement (Contract Sales are not reported to OMNIA Partners, Public Sector). iv. If alternative or multiple proposals are permitted, respond with pricing higher than Master Agreement, and include Master Agreement as the alternate or additional proposal. Detail Supplier’s strategies under these options when responding to a solicitation. As an impartial solutions provider, our first and primary goal is to serve the needs of the customer from a technology and procurement perspective. We act in a consultative, objective manner to aid customers in developing the procurement strategy to best fit their needs. In honoring this commitment, we have maintained the transparency of our contract portfolio to our customers and negotiated the removal of language such as “most favored customer” and other like requirements. We commend the State of Utah and OMNIA Partners in creating a contract vehicle to facilitate easy transactional buying at competitive pricing for its users. We certainly see the strategic fit this contract demonstrates within the SLED space and we will position this agreement when it best suits their procurement needs. When responding to a solicitation that directly disclaims to the terms and conditions of this Master Agreement, we will comply with all appropriate contractual terms. Subject to applicable law, we represent that under this Agreement we will make reasonable commercial efforts to offer prices that are competitive with the prices offered to other similarly situated customers purchasing a comparable volume of the same products at the same time and under the same terms and conditions. State of Utah Online Marketplace RFP CDW Government LLC Page 40 of 100 February 12, 2020 Attachment G - Exceptions to Terms and Conditions and Signed Forms ATTACHMENT G REQUIREMENTS FOR NATIONAL COOPERATIVE CONTRACT TO BE ADMINISTERED BY OMNIA PARTNERS, PUBLIC SECTOR The following documents are used in evaluating and administering national cooperative contracts and are included for Supplier’s review and response. Exhibit A – RESPONSE FOR NATIONAL COOPERATIVE CONTRACT Exhibit B – ADMINISTRATION AGREEMENT, EXAMPLE Exhibit C – MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT, EXAMPLE Exhibit D – PRINCIPAL PROCUREMENT AGENCY CERTIFICATE, EXAMPLE Exhibit E – CONTRACT SALES REPORTING TEMPLATE Exhibit F – FEDERAL FUNDS CERTIFICATIONS Exhibit G – NEW JERSEY BUSINESS COMPLIANCE Exhibit H – ADVERTISING COMPLIANCE REQUIREMENT Requirements for National Cooperative Contract Page 2 of 55 EXHIBIT A RESPONSE FOR NATIONAL COOPERATIVE CONTRACT 1.0 Scope of National Cooperative Contract Capitalized terms not otherwise defined herein shall have the meanings given to them in the Master Agreement or in the Administration Agreement between Supplier and OMNIA Partners, Public Sector. 1.1 Requirement The State of Utah (hereinafter defined and referred to as “Principal Procurement Agency”), on behalf of itself and the National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector (“OMNIA Partners, Public Sector”), is requesting proposals for Online Marketplace. The intent of this Request for Proposal is any contract between Principal Procurement Agency and Supplier resulting from this Request for Proposal (“Master Agreement”) be made available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), through OMNIA Partners, Public Sector’s cooperative purchasing program. The Principal Procurement Agency has executed a Principal Procurement Agency Certificate with OMNIA Partners, Public Sector, an example of which is included as Exhibit D, and has agreed to pursue the Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners, Public Sector as a Participating Public Agency in OMNIA Partners, Public Sector’s cooperative purchasing program. Registration with OMNIA Partners, Public Sector as a Participating Public Agency is accomplished by Public Agencies entering into a Master Intergovernmental Cooperative Purchasing Agreement, an example of which is attached as Exhibit C, and by using the Master Agreement, any such Participating Public Agency agrees that it is registered with OMNIA Partners, Public Sector, whether pursuant to the terms of the Master Intergovernmental Purchasing Cooperative Agreement or as otherwise agreed to. The terms and pricing established in the resulting Master Agreement between the Supplier and the Principal Procurement Agency will be the same as that available to Participating Public Agencies through OMNIA Partners, Public Sector. All transactions, purchase orders, invoices, payments etc., will occur directly between the Supplier and each Participating Public Agency individually, and neither OMNIA Partners, Public Sector, any Principal Procurement Agency nor any Participating Public Agency, including their respective agents, directors, employees or representatives, shall be liable to Supplier for any acts, liabilities, damages, etc., incurred by any other Participating Public Agency. Supplier is responsible for knowing the tax laws in each state. This Exhibit A defines the expectations for qualifying Suppliers based on OMNIA Partners, Public Sector’s requirements to market the resulting Master Agreement Requirements for National Cooperative Contract Page 3 of 55 nationally to Public Agencies. Each section in this Exhibit A refers to the capabilities, requirements, obligations, and prohibitions of competing Suppliers on a national level in order to serve Participating Public Agencies through OMNIA Partners, Public Sector. These requirements are incorporated into and are considered an integral part of this RFP. OMNIA Partners, Public Sector reserves the right to determine whether or not to make the Master Agreement awarded by the Principal Procurement Agency available to Participating Public Agencies, in its sole and absolute discretion, and any party submitting a response to this RFP acknowledges that any award by the Principal Procurement Agency does not obligate OMNIA Partners, Public Sector to make the Master Agreement available to Participating Procurement Agencies. 1.2 Marketing, Sales and Administrative Support During the term of the Master Agreement OMNIA Partners, Public Sector intends to provide marketing, sales, partnership development and administrative support for Supplier pursuant to this section that directly promotes the Supplier’s products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis. OMNIA Partners will assign the Supplier a Director of Partner Development who will serve as the main point of contact for the Supplier and will be responsible for managing the overall relationship between the Supplier and OMNIA Partners. The Director of Partner Development will work with the Supplier to develop a comprehensive strategy to promote the Master Agreement and will connect the Supplier with appropriate stakeholders within OMNIA Partners including, Sales, Marketing, Contracting, Training, and Operations & Support. The OMNIA Partners, Public Sector marketing team will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through channels that may include: A. Marketing collateral (print, electronic, email, presentations) B. Website C. Trade shows/conferences/meetings D. Advertising E. Social Media The OMNIA Partners, Public Sector sales teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through initiatives that may include: A. Individual sales calls B. Joint sales calls C. Communications/customer service Requirements for National Cooperative Contract Page 4 of 55 D. Training sessions for Public Agency teams E. Training sessions for Supplier teams The OMNIA Partners, Public Sector contracting teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through: A. Serving as the subject matter expert for questions regarding joint powers authority and state statutes and regulations for cooperative purchasing B. Training sessions for Public Agency teams C. Training sessions for Supplier teams D. Regular business reviews to monitor program success E. General contract administration Suppliers are required to pay an administrative fee of 3% of the greater of the Contract Sales under the Master Agreement and Guaranteed Contract Sales under this Request for Proposal. Supplier will be required to execute the OMNIA Partners, Public Sector Administration Agreement (Exhibit B). 1.3 Estimated Volume The dollar volume purchased under the Master Agreement is estimated to be approximately $500M annually. While no minimum volume is guaranteed to Supplier, the estimated annual volume is projected based on the current annual volumes among the Principal Procurement Agency, other Participating Public Agencies that are anticipated to utilize the resulting Master Agreement to be made available to them through OMNIA Partners, Public Sector, and volume growth into other Public Agencies through a coordinated marketing approach between Supplier and OMNIA Partners, Public Sector. 1.4 Award Basis The basis of any contract award resulting from this RFP made by Principal Procurement Agency will, at OMNIA Partners, Public Sector’s option, be the basis of award on a national level through OMNIA Partners, Public Sector. If multiple Suppliers are awarded by Principal Procurement Agency under the Master Agreement, those same Suppliers will be required to extend the Master Agreement to Participating Public Agencies through OMNIA Partners, Public Sector. Utilization of the Master Agreement by Participating Public Agencies will be at the discretion of the individual Participating Public Agency. Certain terms of the Master Agreement specifically applicable to the Principal Procurement Agency (e.g. governing law) are subject to modification for each Participating Public Agency as Supplier, such Participating Public Agency and OMNIA Partners, Public Sector shall agree without being in conflict with the Master Agreement. Participating Agencies may request to enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in the Master Agreement (i.e. invoice Requirements for National Cooperative Contract Page 5 of 55 requirements, order requirements, specialized delivery, diversity requirements such as minority and woman owned businesses, historically underutilized business, governing law, etc.). It shall be the responsibility of the Supplier to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the Participating Agency. It shall further be the responsibility of the Supplier to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of the Master Agreement and adjust wage rates accordingly. Any supplemental agreement developed as a result of the Master Agreement is exclusively between the Participating Agency and the Supplier (Contract Sales are reported to OMNIA Partners, Public Sector). All purchase orders issued and accepted by the Supplier may survive expiration or termination of the Master Agreement. Participating Agencies’ purchase orders may exceed the term of the Master Agreement if the purchase order is issued prior to the expiration of the Master Agreement. Supplier is responsible for reporting all sales and paying the applicable administrative fee for sales that use the Master Agreement as the basis for the purchase order, even though Master Agreement may have expired. 1.5 Objectives of Cooperative Program This RFP is intended to achieve the following objectives regarding availability through OMNIA Partners, Public Sector’s cooperative program: A. Provide a comprehensive competitively solicited and awarded national agreement offering the Products covered by this solicitation to Participating Public Agencies; B. Establish the Master Agreement as the Supplier’s primary go to market strategy to Public Agencies nationwide; C. Achieve cost savings for Supplier and Public Agencies through a single solicitation process that will reduce the Supplier’s need to respond to multiple solicitations and Public Agencies need to conduct their own solicitation process; D. Combine the aggregate purchasing volumes of Participating Public Agencies to achieve cost effective pricing. 2.0 REPRESENTATIONS AND COVENANTS As a condition to Supplier entering into the Master Agreement, which would be available to all Public Agencies, Supplier must make certain representations, warranties and covenants to both the Principal Procurement Agency and OMNIA Partners, Public Sector designed to ensure the success of the Master Agreement for all Participating Public Agencies as well as the Supplier. 2.1 Corporate Commitment Supplier commits that (1) the Master Agreement has received all necessary corporate authorizations and support of the Supplier’s executive management, (2) the Master Agreement is Supplier's primary “go to market” strategy for Public Agencies, (3) the Master Agreement will be promoted to all Public Agencies, including any existing Requirements for National Cooperative Contract Page 6 of 55 customers, and Supplier will transition existing customers, upon their request, to the Master Agreement, and (4) that the Supplier has read and agrees to the terms and conditions of the Administration Agreement with OMNIA Partners, Public Sector and will execute such agreement concurrent with and as a condition of its execution of the Master Agreement with the Principal Procurement Agency. Supplier will identify an executive corporate sponsor and a separate national account manager within the RFP response that will be responsible for the overall management of the Master Agreement. 2.2 Pricing Commitment Supplier commits the not-to-exceed pricing provided under the Master Agreement pricing is its lowest available (net to buyer) to Public Agencies nationwide and further commits that if a Participating Public Agency is eligible for lower pricing through a national, state, regional or local or cooperative contract, the Supplier will match such lower pricing to that Participating Public Agency under the Master Agreement. 2.3 Sales Commitment Supplier commits to aggressively market the Master Agreement as its go to market strategy in this defined sector and that its sales force will be trained, engaged and committed to offering the Master Agreement to Public Agencies through OMNIA Partners, Public Sector nationwide. Supplier commits that all Master Agreement sales will be accurately and timely reported to OMNIA Partners, Public Sector in accordance with the OMNIA Partners, Public Sector Administration Agreement. Supplier also commits its sales force will be compensated, including sales incentives, for sales to Public Agencies under the Master Agreement in a consistent or better manner compared to sales to Public Agencies if the Supplier were not awarded the Master Agreement. 3.0 SUPPLIER RESPONSE Supplier must supply the following information in order for the Principal Procurement Agency to determine Supplier’s qualifications to extend the resulting Master Agreement to Participating Public Agencies through OMNIA Partners, Public Sector. 3.1 Company A. Brief history and description of Supplier. B. Total number and location of sales persons employed by Supplier. C. Number and location of support centers (if applicable) and location of corporate office. D. Annual sales for the three previous fiscal years. E. Submit FEIN and Dunn & Bradstreet report. F. Describe any green or environmental initiatives or policies. Requirements for National Cooperative Contract Page 7 of 55 G. Describe any diversity programs or partners supplier does business with and how Participating Agencies may use diverse partners through the Master Agreement. Indicate how, if at all, pricing changes when using the diversity program. H. Describe any historically underutilized business certifications supplier holds and the certifying agency. This may include business enterprises such as minority and women owned, small or disadvantaged, disable veterans, etc. I. Describe how supplier differentiates itself from its competitors. J. Describe any present or past litigation, bankruptcy or reorganization involving supplier. K. Felony Conviction Notice: Indicate if the supplier a. is a publicly held corporation and this reporting requirement is not applicable; b. is not owned or operated by anyone who has been convicted of a felony; or c. is owned or operated by and individual(s) who has been convicted of a felony and provide the names and convictions. L. Describe any debarment or suspension actions taken against supplier 3.2 Distribution, Logistics A. Describe the full line of products and services offered by supplier; pricing is only to be provided in the cost proposal. B. Provide details of any minimum order requirements, free goods program, and any other general offers or requirements (excluding information specific to price). C. In detail, describe any and all compliance and reporting methods that can be utilized by participating agencies to include available digital analytics. D. In detail, describe any and all abilities that both the supplier and the participating agency can restrict items as needed. Include any ability for agencies to select available categories. E. Describe how supplier proposes to distribute the products/service nationwide. Include any states where products and services will not be offered under the Master Agreement, including U.S. Territories and Outlying Areas. F. Without describing specific pricing at this time, describe how Participating Agencies are ensure they will receive the Master Agreement pricing; include all distribution channels such as direct ordering, retail or in-store locations, through distributors, etc. Describe how Participating Agencies verify and audit pricing to ensure its compliance with the Master Agreement. G. In detail, describe the supplier’s digital portal and how it differs from competitors. H. Identify all other companies that will be involved in processing, handling or shipping the products/service to the end user. Requirements for National Cooperative Contract Page 8 of 55 I. Provide available ordering methods – online ordering, order tracking, search options, and order history. J. Provide available payment terms. K. Indicate if payment will be accepted via credit card. If so, may credit card payment(s) be made online? Also state any convenience fees, if allowable, per the Visa Operating Regulations. L. Provide the number, size and location of Supplier’s distribution facilities, warehouses and retail network as applicable. 3.3 Marketing and Sales A. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as supplier’s primary go to market strategy for Public Agencies to supplier’s teams nationwide, to include, but not limited to: i. Executive leadership endorsement and sponsorship of the award as the public sector go-to-market strategy within first 10 days ii. Training and education of Supplier’s national sales force with participation from the Supplier’s executive leadership, along with the OMNIA Partners, Public Sector team within first 90 days B. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to market the Master Agreement to current Participating Public Agencies, existing Public Agency customers of Supplier, as well as to prospective Public Agencies nationwide immediately upon award, to include, but not limited to: i. Creation and distribution of a co-branded press release to trade publications ii. Announcement, Master Agreement details and contact information published on the Supplier’s website within first 90 days iii. Design, publication and distribution of co-branded marketing materials within first 90 days iv. Commitment to attendance and participation with OMNIA Partners, Public Sector at national (i.e. NIGP Annual Forum, NPI Conference, etc.), regional (i.e. Regional NIGP Chapter Meetings, Regional Cooperative Summits, etc.) and supplier-specific trade shows, conferences and meetings throughout the term of the Master Agreement v. Commitment to attend, exhibit and participate at the NIGP Annual Forum in an area reserved by OMNIA Partners, Public Sector for partner suppliers. Booth space will be purchased and staffed by Supplier. In Requirements for National Cooperative Contract Page 9 of 55 addition, Supplier commits to provide reasonable assistance to the overall promotion and marketing efforts for the NIGP Annual Forum, as directed by OMNIA Partners, Public Sector. vi. Design and publication of national and regional advertising in trade publications throughout the term of the Master Agreement vii. Ongoing marketing and promotion of the Master Agreement throughout its term (case studies, collateral pieces, presentations, promotions, etc.) viii. Dedicated OMNIA Partners, Public Sector internet web-based homepage on Supplier’s website with: • OMNIA Partners, Public Sector standard logo; • Copy of original Request for Proposal; • Copy of Master Agreement and amendments between Principal Procurement Agency and Supplier; • Summary of Products and pricing; • Marketing Materials • Electronic link to OMNIA Partners, Public Sector’s website including the online registration page; • A dedicated toll-free number and email address for OMNIA Partners, Public Sector C. Describe how Supplier will transition any existing Public Agency customers’ accounts to the Master Agreement available nationally through OMNIA Partners, Public Sector. Include a list of current cooperative contracts (regional and national) Supplier holds and describe how the Master Agreement will be positioned among the other cooperative agreements. D. Acknowledge Supplier agrees to provide its logo(s) to OMNIA Partners, Public Sector and agrees to provide permission for reproduction of such logo in marketing communications and promotions. Acknowledge that use of OMNIA Partners, Public Sector logo will require permission for reproduction, as well. E. Confirm Supplier will be proactive in direct sales of Supplier’s goods and services to Public Agencies nationwide and the timely follow up to leads established by OMNIA Partners, Public Sector. All sales materials are to use the OMNIA Partners, Public Sector logo. At a minimum, the Supplier’s sales initiatives should communicate: i. Master Agreement was competitively solicited and publicly awarded by a Principal Procurement Agency ii. Best government pricing iii. No cost to participate Requirements for National Cooperative Contract Page 10 of 55 iv. Non-exclusive F. Confirm Supplier will train its national sales force on the Master Agreement. At a minimum, sales training should include: i. Key features of Master Agreement ii. Working knowledge of the solicitation process iii. Awareness of the range of Public Agencies that can utilize the Master Agreement through OMNIA Partners, Public Sector iv. Knowledge of benefits of the use of cooperative contracts G. Provide the name, title, email and phone number for the person(s), who will be responsible for: i. Executive Support ii. Marketing iii. Sales iv. Sales Support v. Financial Reporting vi. Accounts Payable vii. Contracts H. Describe in detail how Supplier’s national sales force is structured, including contact information for the highest-level executive in charge of the sales team. I. Explain in detail how the sales teams will work with the OMNIA Partners, Public Sector team to implement, grow and service the national program. I. Explain in detail how Supplier will manage the overall national program throughout the term of the Master Agreement, including ongoing coordination of marketing and sales efforts, timely new Participating Public Agency account set-up, timely contract administration, etc. J. State the amount of Supplier’s Public Agency sales for the previous fiscal year. Provide a list of Supplier’s top 10 Public Agency customers, the total purchases for each for the previous fiscal year along with a key contact for each. K. Describe Supplier’s information systems capabilities and limitations regarding order management through receipt of payment, including description of multiple platforms that may be used for any of these functions. M. Provide the Contract Sales (as defined in Section 10 of the OMNIA Partners, Public Sector Administration Agreement) that Supplier will guarantee each year under the Master Agreement for the initial three years of the Master Agreement (“Guaranteed Contract Sales”). Requirements for National Cooperative Contract Page 11 of 55 $_______.00 in year one $_______.00 in year two $_______.00 in year three To the extent Supplier guarantees minimum Contract Sales, the administration fee shall be calculated based on the greater of the actual Contract Sales and the Guaranteed Contract Sales. M. Even though it is anticipated many Public Agencies will be able to utilize the Master Agreement without further formal solicitation, there may be circumstances where Public Agencies will issue their own solicitations. The following options are available when responding to a solicitation for Products covered under the Master Agreement. i. Respond with Master Agreement pricing (Contract Sales reported to OMNIA Partners, Public Sector). ii. If competitive conditions require pricing lower than the standard Master Agreement not-to-exceed pricing, Supplier may respond with lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales are reported as Contract Sales to OMNIA Partners, Public Sector under the Master Agreement. iii. Respond with pricing higher than Master Agreement only in the unlikely event that the Public Agency refuses to utilize Master Agreement (Contract Sales are not reported to OMNIA Partners, Public Sector). iv. If alternative or multiple proposals are permitted, respond with pricing higher than Master Agreement, and include Master Agreement as the alternate or additional proposal. Detail Supplier’s strategies under these options when responding to a solicitation. Requirements for National Cooperative Contract Page 12 of 55 EXHIBIT B ADMINISTRATION AGREEMENT, EXAMPLE ADMINISTRATION AGREEMENT THIS ADMINISTRATION AGREEMENT (this “Agreement”) is made this ___ day of ______ 20___, between National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector (“OMNIA Partners, Public Sector”), and ________________ __CDW Government LLC_________ (“Supplier”). RECITALS WHEREAS, the ___________________ (the “Principal Procurement Agency”) has entered into a Master Agreement effective _________________, Agreement No_______, by and between the Principal Procurement Agency and Supplier, (as may be amended from time to time in accordance with the terms thereof, the “Master Agreement”), as attached hereto as Exhibit A and incorporated herein by reference as though fully set forth herein, for the purchase of _____________________ (the “Product”); WHEREAS, said Master Agreement provides that any or all public agencies, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (collectively, “Public Agencies”), that register Requirements for National Cooperative Contract Page 13 of 55 (either via registration on the OMNIA Partners, Public Sector website or execution of a Master Intergovernmental Cooperative Purchasing Agreement, attached hereto as Exhibit B) (each, hereinafter referred to as a “Participating Public Agency”) may purchase Product at prices stated in the Master Agreement; WHEREAS, Participating Public Agencies may access the Master Agreement which is offered through OMNIA Partners, Public Sector to Public Agencies; WHEREAS, OMNIA Partners, Public Sector serves as the contract administrator of the Master Agreement on behalf of Principal Procurement Agency; WHEREAS, Principal Procurement Agency desires OMNIA Partners, Public Sector to proceed with administration of the Master Agreement; and WHEREAS, OMNIA Partners, Public Sector and Supplier desire to enter into this Agreement to make available the Master Agreement to Participating Public Agencies and to set forth certain terms and conditions governing the relationship between OMNIA Partners, Public Sector and Supplier. NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, OMNIA Partners, Public Sector and Supplier hereby agree as follows: DEFINITIONS 1. Capitalized terms used in this Agreement and not otherwise defined herein shall have the meanings given to them in the Master Agreement. TERMS AND CONDITIONS 2. The Master Agreement and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement. Supplier acknowledges and agrees that the covenants and agreements of Supplier set forth in the solicitation and Supplier’s response thereto resulting in the Master Agreement are incorporated herein and are an integral part hereof. 3. OMNIA Partners, Public Sector shall be afforded all of the rights, privileges and indemnifications afforded to Principal Procurement Agency by or from Supplier under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to OMNIA Partners, Public Sector, its agents, employees, directors, and representatives under this Agreement including, but not limited to, Supplier’s obligation to obtain appropriate insurance. 4. OMNIA Partners, Public Sector shall perform all of its duties, responsibilities and obligations as contract administrator of the Master Agreement on behalf of Principal Procurement Agency as set forth herein, and Supplier hereby acknowledges and agrees that all duties, responsibilities and obligations will be undertaken by OMNIA Partners, Public Sector solely in its capacity as the contract administrator under the Master Agreement. Requirements for National Cooperative Contract Page 14 of 55 5. With respect to any purchases by Principal Procurement Agency or any Participating Public Agency pursuant to the Master Agreement, OMNIA Partners, Public Sector shall not be: (i) construed as a dealer, re-marketer, representative, partner or agent of any type of the Supplier, Principal Procurement Agency or any Participating Public Agency; (ii) obligated, liable or responsible for any order for Product made by Principal Procurement Agency or any Participating Public Agency or any employee thereof under the Master Agreement or for any payment required to be made with respect to such order for Product; and (iii) obligated, liable or responsible for any failure by Principal Procurement Agency or any Participating Public Agency to comply with procedures or requirements of applicable law or the Master Agreement or to obtain the due authorization and approval necessary to purchase under the Master Agreement. OMNIA Partners, Public Sector makes no representation or guaranty with respect to any minimum purchases by Principal Procurement Agency or any Participating Public Agency or any employee thereof under this Agreement or the Master Agreement. 6. OMNIA Partners, Public Sector shall not be responsible for Supplier’s performance under the Master Agreement, and Supplier shall hold OMNIA Partners, Public Sector harmless from any liability that may arise from the acts or omissions of Supplier in connection with the Master Agreement. 7. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OMNIA PARTNERS, PUBLIC SECTOR EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING OMNIA PARTNERS, PUBLIC SECTOR’S PERFORMANCE AS A CONTRACT ADMINISTRATOR OF THE MASTER AGREEMENT. OMNIA PARTNERS, PUBLIC SECTOR SHALL NOT BE LIABLE IN ANY WAY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, EVEN IF OMNIA PARTNERS, PUBLIC SECTOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7. Each Party (“Indemnifying Party”) shall defend the other Party and the other Party’s officers, directors and employees (each, an “Indemnified Party”) from and against any claims, demands, actions, lawsuits, and proceedings asserted or made against the Indemnified Party (each, a “Claim”) and shall indemnify and hold harmless the Indemnified Party from and against any loss, damage, cost, and expense (including reasonable attorneys' fees) finally awarded by a court of competent jurisdiction or included as part of a final settlement to the extent that the Claim is proximately caused by the gross negligence or willful misconduct of the Indemnifying Party during the performance of the Services and that the Claim arises either from an action brought by an unaffiliated third party for death or personal physical injury, or from damage to tangible personal property suffered or incurred by the Indemnified Party. Claims do not include any damages or liability that are otherwise excluded from this Agreement or that arise from the Product(s) or software or from the data processed thereby. The obligation of the Indemnifying Party under this Section is contingent upon the Indemnified Party providing the Indemnifying Party with: (i) sole authority in any Claim’s defense or settlement; (ii) all reasonable assistance, at the Indemnifying Party’s expense, in any such defense; and (iii) prompt written notice of and description of each Claim; provided, however, that the Indemnified Party's failure to provide prompt notice will relieve the Indemnifying Party of its obligations only if and to the extent that the Indemnifying Party is materially prejudiced by such delay. In no event shall the Indemnifying Party settle any Claim that involves a remedy other than the payment of money without the prior consent of the Indemnified Party. NEITHER PARTY, ITS AFFILIATES OR THEIR SUPPLIERS, SUBCONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL Requirements for National Cooperative Contract Page 15 of 55 DAMAGES. IN THE EVENT OF ANY LIABILITY INCURRED BY EITHER PARTY OR ANY OF ITS AFFILIATES HEREUNDER, THE ENTIRE LIABILITY OF CONTRACTORSUPPLIER AND ITS AFFILIATES FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED THE LESSER OF : (A) THE DOLLAR AMOUNT PAID BY STATETHE PARTICIPATING PUBLIC AGENCY FOR EITHER THE SPECIFIC PURCHASED ITEM(S) GIVING RISE TO THE CLAIM; OR (B) $1,000,000 OVER THE ENTIRE TERM OF THE AGREEMENT. TERM OF AGREEMENT; TERMINATION 8. This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the provisions of Sections 3 – 8 and 12 14 – 23, hereof and the indemnifications afforded by the Supplier to OMNIA Partners, Public Sector in the Master Agreement, to the extent such provisions survive any expiration or termination of the Master Agreement, shall survive the expiration or termination of this Agreement. 9. Supplier’s failure to maintain its covenants and commitments contained in this Agreement or any action of the Supplier which gives rise to a right by Principal Procurement Agency to terminate the Master Agreement shall constitute a material breach of this Agreement. If such breach is not cured within thirty (30) days of written notice to Supplier, in addition to any and all remedies available at law or equity, OMNIA Partners, Public Sector shall have the right to terminate this Agreement, at OMNIA Partners, Public Sector’s sole discretion. Notwithstanding anything contained herein to the contrary, this Agreement shall terminate on the date of the termination or expiration of the Master Agreement. NATIONAL PROMOTION 10. OMNIA Partners, Public Sector and Supplier shall publicize and promote the availability of the Master Agreement’s products and services to Public Agencies and such agencies’ employees. Supplier shall require each Public Agency to register its participation in the OMNIA Partners, Public Sector program by either registering on the OMNIA Partners, Public Sector website (www.omniapartners.com/publicsector), or executing a Master Intergovernmental Cooperative Purchasing Agreement prior to processing the Participating Public Agency’s first sales order. Upon request, Supplier shall make available to interested Public Agencies a copy of the Master Agreement and such price lists or quotes as may be necessary for such Public Agencies to evaluate potential purchases. 11. Supplier shall provide such marketing and administrative support as set forth in the solicitation resulting in the Master Agreement, including assisting in development of marketing materials as reasonably requested by Principal Procurement Agency and OMNIA Partners, Public Sector. Supplier shall be responsible for obtaining permission or license of use and payment of any license fees for all content and images Supplier provides to OMNIA Partners, Public Sector or posts on the OMNIA Partners, Public Sector website. Supplier shall indemnify, defend and hold harmless OMNIA Partners, Public Sector for use of all such content and images including copyright infringement claims. Supplier and OMNIA Partners, Public Sector each hereby grant to the other party a limited, revocable, non-transferable, non-sublicensable right to use such party’s logo (each, the “Logo”) solely for use in marketing the Master Agreement. Each party shall provide the other party with the standard terms of use of such party’s Logo, and such party shall comply with such Requirements for National Cooperative Contract Page 16 of 55 terms in all material respects. Both parties shall obtain approval from the other party prior to use of such party’s Logo. Notwithstanding the foregoing, the parties understand and agree that except as provided herein neither party shall have any right, title or interest in the other party’s Logo. Upon termination of this Agreement, each party shall immediately cease use of the other party’s Logo. ADMINISTRATIVE FEE, REPORTING & PAYMENT 12. An “Administrative Fee” shall be defined and due to OMNIA Partners, Public Sector from Supplier in the amount of three one and one half percent (31.5%) (“Administrative Fee Percentage”) multiplied by the total purchase amount paid to Supplier, less refunds, credits on returns, rebates and discounts, for the sale of products and/or services to Principal Procurement Agency and Participating Public Agencies pursuant to the Master Agreement (as amended from time to time and including any renewal thereof) (“Contract Sales”). From time to time the parties may mutually agree in writing to a lower Administrative Fee Percentage for a specifically identified Participating Public Agency’s Contract Sales. 13. Supplier shall provide OMNIA Partners, Public Sector with an electronic accounting report monthly, in the format prescribed by OMNIA Partners, Public Sector, summarizing all Contract Sales for each calendar month. The Contract Sales reporting format is provided as Exhibit C (“Contract Sales Report”), attached hereto and incorporated herein by reference. Contract Sales Reports for each calendar month shall be provided by Supplier to OMNIA Partners, Public Sector by the 10th 30th day of the following month. Failure to provide a Contract Sales Report within the time and manner specified herein shall constitute a material breach of this Agreement and if not cured within thirty (30) days of written notice to Supplier shall be deemed a cause for termination of the Master Agreement, at Principal Procurement Agency’s sole discretion, and/or this Agreement, at OMNIA Partners, Public Sector’s sole discretion. 14. Administrative Fee payments are to be paid by Supplier to OMNIA Partners, Public Sector at the frequency and on the due date stated in Section 13, above, for Supplier’s submission of corresponding Contract Sales Reports. Administrative Fee payments are to be made via Automated Clearing House (ACH) to the OMNIA Partners, Public Sector designated financial institution identified in Exhibit D. Failure to provide a payment of the Administrative Fee within the time and manner specified herein shall constitute a material breach of this Agreement and if not cured within thirty (30) days of written notice to Supplier shall be deemed a cause for termination of the Master Agreement, at Principal Procurement Agency’s sole discretion, and/or this Agreement, at OMNIA Partners, Public Sector’s sole discretion. All Administrative Fees not paid when due shall bear interest at a rate equal to the lesser of one and one-half percent (1 1/2%) per month or the maximum rate permitted by law until paid in full. 15. Supplier shall maintain an accounting of all purchases made by Participating Public Agencies under the Master Agreement. OMNIA Partners, Public Sector, or its designee, in OMNIA Partners, Public Sector’s sole discretion, reserves the right to compare Participating Public Agency records with Contract Sales Reports submitted by Supplier for a period of four (4) years from the date OMNIA Partners, Public Sector receives such report. Auditing is solely for the purpose of verifying Supplier’s compliance with this Agreement. The audit must be pursuant to a singed Supplier’s Confidentiality Agreement. An audit can be done only once a year and no auditing can be done for the same time period more than once. No audit may be conducted for any period which begins more than twelve months prior to the date the audit is requested. Supplier is not required to keep original documents and copies of relevant documents will suffice for the purposes of this provision. The sole Requirements for National Cooperative Contract Page 17 of 55 right for damages determined by the audit is limited to the actual discrepancies. The audit must be conducted during regular business hours at a mutually agreeable time and upon reasonable advanced notice. In addition, OMNIA Partners, Public Sector may engage a third party to conduct an independent audit of Supplier’s monthly reports. In the event of such an audit, Supplier shall provide all materials reasonably requested relating to such audit by OMNIA Partners, Public Sector at the location designated by OMNIA Partners, Public Sector. In the event an underreporting of Contract Sales and a resulting underpayment of Administrative Fees is revealed, OMNIA Partners, Public Sector will notify the Supplier in writing. Supplier will have thirty (30) days from the date of such notice to resolve the discrepancy to OMNIA Partners, Public Sector’s reasonable satisfaction, including payment of any Administrative Fees due and owing, together with interest thereon in accordance with Section 13, and reimbursement of OMNIA Partners, Public Sector’s costs and expenses related to such audit. GENERAL PROVISIONS 16. This Agreement, the Master Agreement and the exhibits referenced herein supersede any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereto and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained or incorporated herein shall be valid or binding. In the event of any conflict between the provisions of this Agreement and the Master Agreement, as between OMNIA Partners, Public Sector and Supplier, the provisions of this Agreement shall prevail. 17. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any Administrative Fee and accrued interest, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which it may be entitled. 18. This Agreement and OMNIA Partners, Public Sector’s rights and obligations hereunder may be assigned at OMNIA Partners, Public Sector’s sole discretion to an affiliate of OMNIA Partners, Public Sector, any purchaser of any or all or substantially all of the assets of OMNIA Partners, Public Sector, or the successor entity as a result of a merger, reorganization, consolidation, conversion or change of control, whether by operation of law or otherwise. Supplier may not assign its obligations hereunder without the prior written consent of OMNIA Partners, Public Sector. 19. All written communications given hereunder shall be delivered by first-class mail, postage prepaid, or overnight delivery on receipt to the addresses as set forth below. A. OMNIA Partners, Public Sector: OMNIA Partners, Public Sector Attn: President 840 Crescent Centre Drive Suite 600 Franklin, TN 37067 B. Supplier: ____________________ ____________________ Requirements for National Cooperative Contract Page 18 of 55 ____________________ ____________________ 20. If any provision of this Agreement shall be deemed to be, or shall in fact be, illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatever, and this Agreement will be construed by limiting or invalidating such provision to the minimum extent necessary to make such provision valid, legal and enforceable. 21. This Agreement may not be amended, changed, modified, or altered without the prior written consent of the parties hereto, and no provision of this Agreement may be discharged or waived, except by a writing signed by the parties. A waiver of any particular provision will not be deemed a waiver of any other provision, nor will a waiver given on one occasion be deemed to apply to any other occasion. 22. This Agreement shall inure to the benefit of and shall be binding upon OMNIA Partners, Public Sector, the Supplier and any respective successor and assign thereto; subject, however, to the limitations contained herein. 23. This Agreement will be construed under and governed by the laws of the State of Delaware, excluding its conflicts of law provisions and any action arising out of or related to this Agreement shall be commenced solely and exclusively in the state or federal courts in Williamson County Tennessee. 24. This Agreement may be executed in counterparts, each of which is an original but all of which, together, shall constitute but one and the same instrument. The exchange of copies of this Agreement and of signature pages by facsimile, or by .pdf or similar electronic transmission, will constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of the original Agreement for all purposes. Signatures of the parties transmitted by facsimile, or by .pdf or similar electronic transmission, will be deemed to be their original signatures for any purpose whatsoever. CDW GOVERNMENT LLC NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY, A DELAWARE CORPORATION D/B/A OMNIA PARTNERS, PUBLIC SECTOR Signature Signature Sarah Vavra Name Name Sr. Vice President, Public Sector Contracting Title Title Date Date Requirements for National Cooperative Contract Page 19 of 45 EXHIBIT C MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT, EXAMPLE MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT This Master Intergovernmental Cooperative Purchasing Agreement (this “Agreement”) is entered into by and between those certain government agencies that execute a Principal Procurement Agency Certificate (“Principal Procurement Agencies”) with National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector and/or Communities Program Management, LLC, a California limited liability company d/b/a U.S. Communities (collectively, “OMNIA Partners, Public Sector”) to be appended and made a part hereof and such other public agencies (“Participating Public Agencies”) who register to participate in the cooperative purchasing programs administered by OMNIA Partners, Public Sector and its affiliates and subsidiaries (collectively, the “OMNIA Partners Parties”) by either registering on the OMNIA Partners, Public Sector website (www.omniapartners.com/publicsector or any successor website), or by executing a copy of this Agreement. RECITALS WHEREAS, after a competitive solicitation and selection process by Principal Procurement Agencies, in compliance with their own policies, procedures, rules and regulations, a number of suppliers have entered into “Master Agreements” (herein so called) to provide a variety of goods, products and services (“Products”) to the applicable Principal Procurement Agency and the Participating Public Agencies; WHEREAS, Master Agreements are made available by Principal Procurement Agencies through the OMNIA Partners Parties and provide that Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Principal Procurement Agency, subject to any applicable federal and/or local purchasing ordinances and the laws of the State of purchase; and WHEREAS, in addition to Master Agreements, the OMNIA Partners Parties may from time to time offer Participating Public Agencies the opportunity to acquire Products through other group purchasing agreements. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result, the parties hereby agree as follows: 1. Each party will facilitate the cooperative procurement of Products. 2. The Participating Public Agencies shall procure Products in accordance with and subject to the relevant federal, state and local statutes, ordinances, rules and regulations that govern Participating Public Agency’s procurement practices. The Participating Public Agencies hereby acknowledge and agree that it is the intent of the parties that all provisions of this Agreement and that Principal Procurement Agencies’ participation in the program described herein comply with all applicable laws, including but not limited to the requirements of 42 C.F.R. § 1001.952(h), as may be amended from time to time. The Participating Public Agencies further acknowledge and agree that they are solely responsible for their compliance with all applicable “safe harbor” regulations, Requirements for National Cooperative Contract Page 20 of 55 including but not limited to any and all obligations to fully and accurately report discounts and incentives. 3. The Participating Public Agency represents and warrants that the Participating Public Agency is not a hospital or other healthcare provider and is not purchasing Products on behalf of a hospital or healthcare provider. 4. The cooperative use of Master Agreements shall be in accordance with the terms and conditions of the Master Agreements, except as modification of those terms and conditions is otherwise required by applicable federal, state or local law, policies or procedures. 5. The Principal Procurement Agencies will make available, upon reasonable request, Master Agreement information which may assist in improving the procurement of Products by the Participating Public Agencies. 6. The Participating Public Agency agrees the OMNIA Partners Parties may provide access to group purchasing organization (“GPO”) agreements directly or indirectly by enrolling the Participating Public Agency in another GPO’s purchasing program provided the purchase of Products through the OMNIA Partners Parties or any other GPO shall be at the Participating Public Agency’s sole discretion. 7. The Participating Public Agencies (each a “Procuring Party”) that procure Products through any Master Agreement or GPO Product supply agreement (each a “GPO Contract”) will make timely payments to the distributor, manufacturer or other vendor (collectively, “Supplier”) for Products received in accordance with the terms and conditions of the Master Agreement or GPO Contract, as applicable. Payment for Products and inspections and acceptance of Products ordered by the Procuring Party shall be the exclusive obligation of such Procuring Party. Disputes between Procuring Party and any Supplier shall be resolved in accordance with the law and venue rules of the State of purchase unless otherwise agreed to by the Procuring Party and Supplier. 8. The Procuring Party shall not use this Agreement as a method for obtaining additional concessions or reduced prices for purchase of similar products or services outside of the Master Agreement. Master Agreements may be structured with not-to-exceed pricing, in which cases the Supplier may offer the Procuring Party and the Procuring Party may accept lower pricing or additional concessions for purchase of Products through a Master Agreement. 9. The Procuring Party shall be responsible for the ordering of Products under this Agreement. A non-procuring party shall not be liable in any fashion for any violation by a Procuring Party, and, to the extent permitted by applicable law, the Procuring Party shall hold non-procuring party harmless from any liability that may arise from the acts or omissions of the Procuring Party. 10. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE OMNIA PARTNERS PARTIES EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING ANY PRODUCT, MASTER AGREEMENT AND GPO CONTRACT. THE OMNIA PARTNERS PARTIES SHALL NOT BE LIABLE IN ANY WAY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, EVEN IF THE OMNIA PARTNERS PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE PROCURING PARTY ACKNOWLEDGES AND AGREES THAT THE OMNIA PARTNERS Requirements for National Cooperative Contract Page 21 of 55 PARTIES SHALL HAVE NO LIABILITY FOR ANY ACT OR OMISSION BY A SUPPLIER OR OTHER PARTY UNDER A MASTER AGREEMENT OR GPO CONTRACT. 11. This Agreement shall remain in effect until termination by either party giving thirty (30) days’ written notice to the other party. The provisions of Paragraphs 6 - 10 hereof shall survive any such termination. 12. This Agreement shall take effect upon (i) execution of the Principal Procurement Agency Certificate, or (ii) registration on the OMNIA Partners, Public Sector website or the execution of this Agreement by a Participating Public Agency, as applicable. NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY, A DELAWARE CORPORATION D/B/A OMNIA PARTNERS, PUBLIC SECTOR AND/OR COMMUNITIES PROGRAM MANAGEMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY D/B/A U.S. COMMUNITIES Authorized Signature Signature Sarah E. Vavra Name Name Sr. Vice President, Public Sector Contracting Title and Agency Name Title Date Date Requirements for National Cooperative Contract Page 22 of 45 EXHIBIT D PRINCIPAL PROCUREMENT AGENCY CERTIFICATE, EXAMPLE PRINCIPAL PROCUREMENT AGENCY CERTIFICATE In its capacity as a Principal Procurement Agency (as defined below) for National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector (“OMNIA Partners, Public Sector”), [NAME OF PPA] agrees to pursue Master Agreements for Products as specified in the attached Exhibits to this Principal Procurement Agency Certificate. I hereby acknowledge, in my capacity as _____________ of and on behalf of [NAME OF PPA] (“Principal Procurement Agency”), that I have read and hereby agree to the general terms and conditions set forth in the attached Master Intergovernmental Cooperative Purchasing Agreement regulating the use of the Master Agreements and purchase of Products that from time to time are made available by Principal Procurement Agencies to Participating Public Agencies nationwide through OMNIA Partners, Public Sector. I understand that the purchase of one or more Products under the provisions of the Master Intergovernmental Cooperative Purchasing Agreement is at the sole and complete discretion of the Participating Public Agency. Authorized Signature, [PRINCIPAL PROCUREMENT AGENCY] Signature Name Title Date Requirements for National Cooperative Contract Page 23 of 45 EXHIBIT E CONTRACT SALES REPORTING TEMPLATE Requirements for National Cooperative Contract Page 24 of 45 EXHIBIT F FEDERAL FUNDS CERTIFICATIONS FEDERAL CERTIFICATIONS ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT TO WHOM IT MAY CONCERN: Participating Agencies may elect to use federal funds to purchase under the Master Agreement. This form should be completed and returned. DEFINITIONS Contract means a legal instrument by which a non–Federal entity purchases property or services needed to carry out the project or program under a Federal award. The term as used in this part does not include a legal instrument, even if the non–Federal entity considers it a contract, when the substance of the transaction meets the definition of a Federal award or subaward Contractor means an entity that receives a contract as defined in Contract. Cooperative agreement means a legal instrument of financial assistance between a Federal awarding agency or pass-through entity and a non–Federal entity that, consistent with 31 U.S.C. 6302–6305: (a) Is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federal awarding agency or pass-through entity to the non–Federal entity to carry out a public purpose authorized by a law of the United States (see 31 U.S.C. 6101(3)); and not to acquire property or services for the Federal government or pass-through entity's direct benefit or use; (b) Is distinguished from a grant in that it provides for substantial involvement between the Federal awarding agency or pass-through entity and the non–Federal entity in carrying out the activity contemplated by the Federal award. (c) The term does not include: (1) A cooperative research and development agreement as defined in 15 U.S.C. 3710a; or (2) An agreement that provides only: (i) Direct United States Government cash assistance to an individual; (ii) A subsidy; (iii) A loan; (iv) A loan guarantee; or (v) Insurance. Federal awarding agency means the Federal agency that provides a Federal award directly to a non–Federal entity Federal award has the meaning, depending on the context, in either paragraph (a) or (b) of this section: (a)(1) The Federal financial assistance that a non–Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity, as described in § 200.101 Applicability; or (2) The cost-reimbursement contract under the Federal Acquisition Regulations that a non–Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity, as described in § 200.101 Applicability. (b) The instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperative agreement, other agreement for assistance covered in paragraph (b) of § 200.40 Federal financial assistance, or the cost-reimbursement contract awarded under the Federal Acquisition Regulations. (c) Federal award does not include other contracts that a Federal agency uses to buy goods or services from a contractor or a contract to operate Federal government owned, contractor operated facilities (GOCOs). (d) See also definitions of Federal financial assistance, grant agreement, and cooperative agreement. Non–Federal entity means a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization that carries out a Federal award as a recipient or subrecipient. Nonprofit organization means any corporation, trust, association, cooperative, or other organization, not including IHEs, that: (a) Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; Requirements for National Cooperative Contract Page 25 of 55 (b) Is not organized primarily for profit; and(c) Uses net proceeds to maintain, improve, or expand the operations of the organization. Obligations means, when used in connection with a non–Federal entity's utilization of funds under a Federal award, orders placed for property and services, contracts and subawards made, and similar transactions during a given period that require payment by the non–Federal entity during the same or a future period. Pass-through entity means a non–Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program. Recipient means a non–Federal entity that receives a Federal award directly from a Federal awarding agency to carry out an activity under a Federal program. The term recipient does not include subrecipients. Simplified acquisition threshold means the dollar amount below which a non–Federal entity may purchase property or services using small purchase methods. Non–Federal entities adopt small purchase procedures in order to expedite the purchase of items costing less than the simplified acquisition threshold. The simplified acquisition threshold is set by the Federal Acquisition Regulation at 48 CFR Subpart 2.1 (Definitions) and in accordance with 41 U.S.C. 1908. As of the publication of this part, the simplified acquisition threshold is $150,000, but this threshold is periodically adjusted for inflation. (Also see definition of § 200.67 Micro-purchase.) Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. Subrecipient means a non–Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. Termination means the ending of a Federal award, in whole or in part at any time prior to the planned end of period of performance. The following certifications and provisions may be required and apply when Participating Agency expends federal funds for any purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the Participating Agency and the Participating Agency’s subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable. APPENDIX II TO 2 CFR PART 200 (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjustedamount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils)as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances wherecontractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Pursuant to Federal Rule (A) above, when a Participating Agency expends federal funds, the Participating Agency reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party. Does offeror agree? YES Initials of Authorized Representative of offeror (B)Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will beeffected and the basis for settlement. (All contracts in excess of $10,000) Pursuant to Federal Rule (B) above, when a Participating Agency expends federal funds, the Participating Agency reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Offeror as detailed in the terms of the contract. Does offeror agree? YES Initials of Authorized Representative of offeror (C)Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet thedefinition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clauseprovided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 CFR12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order Requirements for National Cooperative Contract Page 26 of 55 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein. Does offeror agree to abide by the above? YES Initials of Authorized Representative of offeror (D)Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all primeconstruction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliancewith the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and AssistedConstruction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics ata rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. Inaddition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copyof the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to awarda contract or subcontract must be conditioned upon the acceptance of the wage determination. The non - Federal entitymust report all suspected or reported violations to the Federal awarding agency. The contracts must also include aprovision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department ofLabor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Wholeor in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must beprohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, togive up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report allsuspected or reported violations to the Federal awarding agency.Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for allcontracts and subgrants for construction or repair, offeror will be in compliance with all applicable Davis-Bacon Act provisions. Does offeror agree? YES Initials of Authorized Representative of offeror (E)Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by thenon-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provisionfor compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on thebasis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that theworker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excessof 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that nolaborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardousor dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available onthe open market, or contracts for transportation or transmission of intelligence. Pursuant to Federal Rule (E) above, when a Participating Agency expends federal funds, offeror certifies that offeror will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by Participating Agency resulting from this procurement process. Does offeror agree? YES Initials of Authorized Representative of offeror (F)Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “fundingagreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a smallbusiness firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental,developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with therequirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms UnderGovernment Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awardingagency. Pursuant to Federal Rule (F) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (F) above. Does offeror agree? YES Initials of Authorized Representative of offeror (G)Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended— Requirements for National Cooperative Contract Page 27 of 55 Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non - Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA) Pursuant to Federal Rule (G) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency member resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (G) above. Does offeror agree? YES Initials of Authorized Representative of offeror (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not bemade to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance withthe Executive Office of the President Office of Management and Budget (OMB) guidelines at 2 CFR 180 that implementExecutive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment andSuspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, aswell as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Pursuant to Federal Rule (H) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. If at any time during the term of an award the offeror or its principals becomes debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency, the offeror will notify the Participating Agency. Does offeror agree? YES Initials of Authorized Representative of offeror (I)Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriatedfunds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, amember of Congress, officer or employee of Congress, or an employee of a member of Congress in connection withobtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose anylobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures areforwarded from tier to tier up to the non-Federal award. Pursuant to Federal Rule (I) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term and after the awarded term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that: (1)No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing orattempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or anemployee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the makingof a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modificationof a Federal contract, grant, loan, or cooperative agreement.(2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing orattempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or anemployee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall completeand submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.(3)The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly. Does offeror agree? YES Initials of Authorized Representative of offeror RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The offeror further certifies that offeror will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. Does offeror agree? YES Initials of Authorized Representative of offeror Requirements for National Cooperative Contract Page 28 of 55 CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18). Does offeror agree? YES Initials of Authorized Representative of offeror CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition. Does offeror agree? YES Initials of Authorized Representative of offeror CERTIFICATION OF ACCESS TO RECORDS – 2 C.F.R. § 200.336 Offeror agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to any documents, papers, or other records of offeror that are pertinent to offeror’s discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to offeror’s personnel for the purpose of interview and discussion relating to such documents. Does offeror agree? YES Initials of Authorized Representative of offeror CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions. Does offeror agree? YES Initials of Authorized Representative of offeror Offeror agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is further acknowledged that offeror certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted above. Offeror’s Name: CDW Government LLC__________________________________________________________________________________________ Address, City, State, and Zip Code: 230 N. Milwaukee Ave., Vernon Hills, IL 60061_____________________________________________________________________________ Phone Number:___________________________________ Fax Number: ______________________________________ Printed Name and Title of Authorized Representative:______________________________________________________________________ Email Address: ____________________________________________________________________________________________ Signature of Authorized Representative: ____________________________________Date: _____________________________ 312 547 2516 847 465 6800 Stephanie Santander, Director, Program Sales cailfil@cdw.com 2/11/2020 Requirements for National Cooperative Contract Page 29 of 55 EXHIBIT G NEW JERSEY BUSINESS COMPLIANCE NEW JERSEY BUSINESS COMPLIANCE Suppliers intending to do business in the State of New Jersey must comply with policies and procedures required under New Jersey statues. All offerors submitting proposals must complete the following forms specific to the State of New Jersey. Completed forms should be submitted with the offeror’s response to the RFP. Failure to complete the New Jersey packet will impact OMNIA Partners, Public Sector’s ability to promote the Master Agreement in the State of New Jersey. DOC #1 Ownership Disclosure Form DOC #2 Non-Collusion Affidavit DOC #3 Affirmative Action Affidavit DOC #4 Political Contribution Disclosure Form DOC #5 Stockholder Disclosure Certification DOC #6 Certification of Non-Involvement in Prohibited Activities in Iran DOC #7 New Jersey Business Registration Certificate New Jersey suppliers are required to comply with the following New Jersey statutes when applicable: •all anti-discrimination laws, including those contained in N.J.S.A. 10:2-1 through N.J.S.A.10:2-14, N.J.S.A. 10:5-1, and N.J.S.A. 10:5-31 through 10:5-38; •Prevailing Wage Act, N.J.S.A. 34:11-56.26, for all contracts within the contemplation of theAct; •Public Works Contractor Registration Act, N.J.S.A. 34:11-56.26; and •Bid and Performance Security, as required by the applicable municipal or state statutes. Requirements for National Cooperative Contract Page 30 of 55 DOC #1 OWNERSHIP DISCLOSURE FORM (N.J.S. 52:25-24.2) Pursuant to the requirements of P.L. 1999, Chapter 440 effective April 17, 2000 (Local Public Contracts Law), the offeror shall complete the form attached to these specifications listing the persons owning 10 percent (10%) or more of the firm presenting the proposal. Company Name: CDW Government LLC Street: 230 N. Milwaukee Ave., City, State, Zip Code: Vernon Hills, IL 60061 Complete as appropriate: I _______________________________________, certify that I am the sole owner of ____________________________________, that there are no partners and the business is not incorporated, and the provisions of N.J.S. 52:25-24.2 do not apply. OR: I _______________________________________, a partner in___________________________, do hereby certify that the following is a list of all individual partners who own a 10% or greater interest therein. I further certify that if one (1) or more of the partners is itself a corporation or partnership, there is also set forth the names and addresses of the stockholders holding 10% or more of that corporation’s stock or the individual partners owning 10% or greater interest in that partnership. OR: I _____Stephanie Santander__________________________________, an authorized representative of _CDW Government LLC_____________________, a corporation, do hereby certify that the following is a list of the names and addresses of all stockholders in the corporation who own 10% or more of its stock of any class. I further certify that if one (1) or more of such stockholders is itself a corporation or partnership, that there is also set forth the names and addresses of the stockholders holding 10% or more of the corporation’s stock or the individual partners owning a 10% or greater interest in that partnership. (Note: If there are no partners or stockholders owning 10% or more interest, indicate none.) Name Address Interest none I further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief. 2/11/2020 Director, Program Sales Date Authorized Signature and Title Requirements for National Cooperative Contract Page 31 of 45 DOC #2 NON-COLLUSION AFFIDAVIT Company Name: _CDW Government LLC________________________________ Street: __230 N. Milwaukee Ave.______________________________________________ City, State, Zip Code:__Vernon Hills, IL 60061_______ State of ______Illinois__________________________________________ County of ___:Lake___________________________________________ I, Stephanie Santander of the_____Vernon Hills_______________________ Name City in the County of _Lake_______________, State of _______Illinois________________________ of full age, being duly sworn according to law on my oath depose and say that: I am the ____Director, Program Sales_of the firm of ____CDW Government LLC _________ Title Company Name the Offeror making the Proposal for the goods, services or public work specified under the attached proposal, and that I executed the said proposal with full authority to do so; that said Offeror has not directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above proposal, and that all statements contained in said proposal and in this affidavit are true and correct, and made with full knowledge that relies upon the truth of the statements contained in said proposal and in the statements contained in this affidavit in awarding the contract for the said goods, services or public work. I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by CDW Government LLC Director, Program Sales Company Name Authorized Signature & Title Subscribed and sworn before me this ______ day of ______________, 20____ __________________________________________ Notary Public of ______________________ My commission expires _________________ , 20____ SEAL 11 February 2020 State of Illinois7/20 22 Requirements for National Cooperative Contract Page 32 of 55 DOC #3 AFFIRMATIVE ACTION AFFIDAVIT (P.L. 1975, C.127) Company Name: CDW Government LLC Street: 230 N. Milwaukee Ave. City, State, Zip Code: Vernon Hills, IL 60061 Proposal Certification: Indicate below company’s compliance with New Jersey Affirmative Action regulations. Company’s proposal will be accepted even if company is not in compliance at this time. No contract and/or purchase order may be issued, however, until all Affirmative Action requirements are met. Required Affirmative Action Evidence: Procurement, Professional & Service Contracts (Exhibit A) Vendors must submit with proposal: 1. A photo copy of their Federal Letter of Affirmative Action Plan Approval OR 2. A photo copy of their Certificate of Employee Information Report OR 3. A complete Affirmative Action Employee Information Report (AA302) ________ Public Work – Over $50,000 Total Project Cost: A. No approved Federal or New Jersey Affirmative Action Plan. We will complete Report Form AA201-A upon receipt from the B. Approved Federal or New Jersey Plan – certificate enclosed I further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief. 2/11/2020 _______________ ______Director, Program Sales_______ Date Authorized Signature and Title Requirements for National Cooperative Contract Page 33 of 55 DOC #3, continued P.L. 1995, c. 127 (N.J.A.C. 17:27) MANDATORY AFFIRMATIVE ACTION LANGUAGE PROCUREMENT, PROFESSIONAL AND SERVICE CONTRACTS During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this non-discrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisement for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the Americans with Disabilities Act. The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers trade consistent with the applicable county employment goal prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time. The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the state of New Jersey and as established by applicable Federal law and applicable Federal court decisions. The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and lay-off to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27). ________________________________________________ Signature of Procurement Agent Requirements for National Cooperative Contract Page 34 of 55 DOC #4 C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Public Agency Instructions This page provides guidance to public agencies entering into contracts with business entities that are required to file Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What follows are instructions on the use of form local units can provide to contractors that are required to disclose political contributions pursuant to N.J.S.A. 19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in Local Finance Notice 2006-1 (http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). Please refer back to these instructions for the appropriate links, as the Local Finance Notices include links that are no longer operational. 1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and open” process (N.J.S.A. 19:44A-20.7). 2. Due to the potential length of some contractor submissions, the public agency should consider allowing data to be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract documents or in an appropriate computer file and be available for public access. The form is worded to accept this alternate submission. The text should be amended if electronic submission will not be allowed. 3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract. Resolutions of award should reflect that the disclosure has been received and is on file. 4. The contractor must disclose contributions made to candidate and party committees covering a wide range of public agencies, including all public agencies that have elected officials in the county of the public agency, state legislative positions, and various state entities. The Division of Local Government Services recommends that contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and political committees of the officials and candidates affected by the disclosure. a. The Division has prepared model disclosure forms for each county. They can be downloaded from the “County PCD Forms” link on the Pay-to-Play web site at http://www.nj.gov/dca/divisions/dlgs/programs/lpcl.html#12. They will be updated from time-to-time as necessary. b. A public agency using these forms should edit them to properly reflect the correct legislative district(s). As the forms are county-based, they list all legislative districts in each county. Districts that do not represent the public agency should be removed from the lists. c. Some contractors may find it easier to provide a single list that covers all contributions, regardless of the county. These submissions are appropriate and should be accepted. d. The form may be used “as-is”, subject to edits as described herein. e. The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are printed on the back of the form; where that is not the case, the text should be edited accordingly. f. The form is a Word document and can be edited to meet local needs, and posted for download on web sites, used as an e-mail attachment, or provided as a printed document. 5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist the local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees listed on the Business Entity Disclosure Certification in the 12 months prior to the contract (See Local Finance Notice 2006-7 for additional information on this obligation at http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). A sample Certification form is part of this package and the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable to Boards of Education. Requirements for National Cooperative Contract Page 35 of 55 DOC #4, continued C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Contractor Instructions Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions to: • any State, county, or municipal committee of a political party • any legislative leadership committee* • any continuing political committee (a.k.a., political action committee) • any candidate committee of a candidate for, or holder of, an elective office: o of the public entity awarding the contract o of that county in which that public entity is located o of another public entity within that county o or of a legislative district in which that public entity is located or, when the public entity is a county, of any legislative district which includes all or part of the county The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on reportable contributions. N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a natural person. This includes the following: • individuals with an “interest” ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit • all principals, partners, officers, or directors of the business entity or their spouses • any subsidiaries directly or indirectly controlled by the business entity • IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity and filing as continuing political committees, (PACs). When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith, shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the disclosure. Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an amount to be determined by the Commission which may be based upon the amount that the business entity failed to report. The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s responsibility to identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed information may exceed the minimum requirement. The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open Public Records Act. The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts. * N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for the purpose of receiving contributions and making expenditures.” Requirements for National Cooperative Contract Page 36 of 55 DOC #4, continued C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Required Pursuant to N.J.S.A. 19:44A-20.26 This form or its permitted facsimile must be submitted to the local unit no later than 10 days prior to the award of the contract. Part I – Vendor Information Vendor Name: CDW Government LLC Address: 230. N. Milwaukee Ave. City: Vernon Hills State: IL Zip: 60061 The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form. Stephanie Santander Director, Program Sales_________________________ Signature Printed Name Title Part II – Contribution Disclosure Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the government entities listed on the form provided by the local unit.  Check here if disclosure is provided in electronic form Contributor Name Recipient Name Date Dollar Amount $  Check here if the information is continued on subsequent page(s) Requirements for National Cooperative Contract Page 37 of 55 DOC #4, continued List of Agencies with Elected Officials Required for Political Contribution Disclosure N.J.S.A. 19:44A-20.26 County Name: State: Governor, and Legislative Leadership Committees Legislative District #s: State Senator and two members of the General Assembly per district. County: Freeholders County Clerk Sheriff {County Executive} Surrogate Municipalities (Mayor and members of governing body, regardless of title): USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD FROM THE PAY TO PLAY SECTION OF THE DLGS WEBSITE A COUNTY-BASED, CUSTOMIZABLE FORM. Requirements for National Cooperative Contract Page 38 of 55 DOC #5 STOCKHOLDER DISCLOSURE CERTIFICATION Name of Business: I certify that the list below contains the names and home addresses of all stockholders holding 10% or more of the issued and outstanding stock of the undersigned. OR I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned. Check the box that represents the type of business organization: Partnership Corporation Sole Proprietorship Limited Partnership Limited Liability Corporation Limited Liability Partnership Subchapter S Corporation Sign and notarize the form below, and, if necessary, complete the stockholder list below. Stockholders: Name: Name: Home Address: Home Address: Name: Name: Home Address: Home Address: Name: Name: Home Address: Home Address: Subscribed and sworn before me this _11__ day of _February, 2020_. (Notary Public) My Commission expires: _________________________________ (Affiant) __Stephanie Santander Director Program Sales______ (Print name & title of affiant) (Corporate Seal) Requirements for National Cooperative Contract Page 39 of 55 DOC #6 Certification of Non-Involvement in Prohibited Activities in Iran Pursuant to N.J.S.A. 52:32-58, Offerors must certify that neither the Offeror, nor any of its parents, subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32 – 56(e) (3)), is listed on the Department of the Treasury’s List of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither is involved in any of the investment activities set forth in N.J.S.A. 52:32 – 56(f). Offerors wishing to do business in New Jersey through this contract must fill out the Certification of Non-Involvement in Prohibited Activities in Iran here: http://www.state.nj.us/humanservices/dfd/info/standard/fdc/disclosure_investmentact.pdf. Offerors should submit the above form completed with their proposal. STATE OF NEW JERSEY-DIVISION OF PURCHASE ANO PROPERTY DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN Quote Number: Bidder/ Offeror: PART 1: CERTIFICATION BIDDERS MUST COMPLETE PART 1 BY CHECKING EITHER BOX. FAILURE TO CHECK ONE OF THE BOXES WILL RENDER THE PROPOSAL NON-RESPONSIVE. Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest, under penalty of perjury, that neither the person or entity, nor any of its parents, subsidiaries, or affiliates, is identified on the Department of Treasury's Chapter 25 list as a person or entity engaging in investment activities in Iran. The Chapter 25 list is found on the Division's website at http://www.state nj.us/treasury/purchase/pdf/Chapter25List.pdf. Bidders must review this list prior to completing the below certification. Failure to complete the certification will render a bidder's proposal non-responsive. If the Director finds a person or entity to be in violation of law, s/he shall take action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party PLEASE CHECK THE APPROPRIATE BOX: I certify, pursuant to Public Law 2012, c. 25, that neither the bidder listed above nor any of the bidder's parents, subsidiaries, or affiliates is listed on the N.J. Department of the Treasury"s list of entities determined to be engaged in prohibited activities in Iran pursuant to P.L. 2012, c. 25 ("Chapter 25 List"). I further certify that I am the person listed above, or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf. I will skip Part 2 and sign and complete the Certification below. OR I am unable to certify as above because the bidder and/or one or more of its parents, subsidiaries, or affiliates is listed on the Department's Chapter 25 list. I will provide a detailed, accurate and precise description of the activities in Part 2 below and sign and complete the Certification below. Failure to provide such will re§ult in the proposal being rendergg a§ non-rg§RQnsive and appropriate penalties, fines and/or sanctions will be assessed as provided by law. PART 2: PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide a detailed, accurate and precise description of the activities of the bidding person/entity, or one of its parents, subsidiaries or affiliates, engaging in the investment activities in Iran outlined above by completing the boxes below. EACH BOX WILL PROMPT YOU TO PROVIDE INFORMATION RELATIVE TO THE ABOVE QUESTIONS. PLEASE PROVIDE THOROUGH ANSWERS TO EACH QUESTION. IF YOU NEED TO MAKE ADDITIONAL ENTRIES, CLICK THE "ADD AN ADDITIONAL ACTIVITIES ENTRY" BUTION. Name Relationship to Bidder/Offerer Description of Activities Duration of Engagement Anticipated Cessation Date Bidder/Offerer Contact Name Contact Phone Number I ADD AN ADDITIONAL ACTIVITIES ENTRY I Certification: I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity. I acknowledge that the State of New Jersey is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the State to notify the State in writing of any changes to the answers of information contained herein. I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with the State of New Jersey and that the State at its option may declare any contract(s) resulting from this certification void and unenforceable. Full Name (Print): Signature: Title: Date: OPP Standard Forms Packet 11/2013 Requirements for National Cooperative Contract Page 40 of 55 DOC #7 NEW JERSEY BUSINESS REGISTRATION CERTIFICATE (N.J.S.A. 52:32-44) Offerors wishing to do business in New Jersey must submit their State Division of Revenue issued Business Registration Certificate with their proposal here. Failure to do so will disqualify the Offeror from offering products or services in New Jersey through any resulting contract. http://www.state.nj.us/treasury/revenue/forms/njreg.pdf New Jersey Business Registration Certification Requirements for National Cooperative Contract Page 41 of 45 EXHIBIT H ADVERTISING COMPLIANCE REQUIREMENT Pursuant to certain state notice provisions, including but not limited to Oregon Revised Statutes Chapter 279A.220, the following public agencies and political subdivisions of the referenced public agencies are eligible to register with OMNIA Partners, Public Sector and access the Master Agreement contract award made pursuant to this solicitation, and are hereby given notice of the foregoing request for proposals for purposes of complying with the procedural requirements of said statutes: Nationwide: State of Alabama State of Hawaii State of Massachusetts State of New Mexico State of South Dakota State of Alaska State of Idaho State of Michigan State of New York State of Tennessee State of Arizona State of Illinois State of Minnesota State of North Carolina State of Texas State of Arkansas State of Indiana State of Mississippi State of North Dakota State of Utah State of California State of Iowa State of Missouri State of Ohio State of Vermont State of Colorado State of Kansas State of Montana State of Oklahoma State of Virginia State of Connecticut State of Kentucky State of Nebraska State of Oregon State of Washington State of Delaware State of Louisiana State of Nevada State of Pennsylvania State of West Virginia State of Florida State of Maine State of New Hampshire State of Rhode Island State of Wisconsin State of Georgia State of Maryland State of New Jersey State of South Carolina State of Wyoming District of Columbia Lists of political subdivisions and local governments in the above referenced states / districts may be found at http://www.usa.gov/Agencies/State_and_Territories.shtml and https://www.usa.gov/local-governments. Certain Public Agencies and Political Subdivisions: CITIES, TOWNS, VILLAGES AND BOROUGHS INCLUDING BUT NOT LIMITED TO: BAKER CITY GOLF COURSE, OR CITY OF ADAIR VILLAGE, OR CITY OF ASHLAND, OR CITY OF AUMSVILLE, OR CITY OF AURORA, OR CITY OF BAKER, OR CITY OF BATON ROUGE, LA CITY OF BEAVERTON, OR CITY OF BEND, OR CITY OF BOARDMAN, OR CITY OF BONANAZA, OR CITY OF BOSSIER CITY, LA CITY OF BROOKINGS, OR CITY OF BURNS, OR CITY OF CANBY, OR CITY OF CANYONVILLE, OR CITY OF CLATSKANIE, OR CITY OF COBURG, OR CITY OF CONDON, OR CITY OF COQUILLE, OR CITY OF CORVALLI, OR CITY OF CORVALLIS PARKS AND RECREATION DEPARTMENT, OR CITY OF COTTAGE GROVE, OR CITY OF DONALD, OR CITY OF EUGENE, OR CITY OF FOREST GROVE, OR CITY OF GOLD HILL, OR CITY OF GRANTS PASS, OR CITY OF GRESHAM, OR CITY OF HILLSBORO, OR CITY OF INDEPENDENCE, OR CITY AND COUNTY OF HONOLULU, HI CITY OF KENNER, LA CITY OF LA GRANDE, OR CITY OF LAFAYETTE, LA CITY OF LAKE CHARLES, OR CITY OF LEBANON, OR CITY OF MCMINNVILLE, OR CITY OF MEDFORD, OR CITY OF METAIRIE, LA CITY OF MILL CITY, OR CITY OF MILWAUKIE, OR CITY OF MONROE, LA CITY OF MOSIER, OR CITY OF NEW ORLEANS, LA CITY OF NORTH PLAINS, OR CITY OF OREGON CITY, OR CITY OF PILOT ROCK, OR CITY OF PORTLAND, OR CITY OF POWERS, OR CITY OF PRINEVILLE, OR CITY OF REDMOND, OR CITY OF REEDSPORT, OR CITY OF RIDDLE, OR CITY OF ROGUE RIVER, OR CITY OF ROSEBURG, OR CITY OF SALEM, OR CITY OF SANDY, OR CITY OF SCAPPOOSE, OR CITY OF SHADY COVE, OR CITY OF SHERWOOD, OR CITY OF SHREVEPORT, LA CITY OF SILVERTON, OR CITY OF SPRINGFIELD, OR CITY OF ST. HELENS, OR CITY OF ST. PAUL, OR CITY OF SULPHUR, LA Requirements for National Cooperative Contract Page 42 of 55 CITY OF TIGARD, OR CITY OF TROUTDALE, OR CITY OF TUALATIN, OR CITY OF WALKER, LA CITY OF WARRENTON, OR CITY OF WEST LINN, OR CITY OF WILSONVILLE, OR CITY OF WINSTON, OR CITY OF WOODBURN, OR LEAGUE OF OREGON CITES THE CITY OF HAPPY VALLEY OREGON ALPINE, UT ALTA, UT ALTAMONT, UT ALTON, UT AMALGA, UT AMERICAN FORK CITY, UT ANNABELLA, UT ANTIMONY, UT APPLE VALLEY, UT AURORA, UT BALLARD, UT BEAR RIVER CITY, UT BEAVER, UT BICKNELL, UT BIG WATER, UT BLANDING, UT BLUFFDALE, UT BOULDER, UT CITY OF BOUNTIFUL, UT BRIAN HEAD, UT BRIGHAM CITY CORPORATION, UT BRYCE CANYON CITY, UT CANNONVILLE, UT CASTLE DALE, UT CASTLE VALLEY, UT CITY OF CEDAR CITY, UT CEDAR FORT, UT CITY OF CEDAR HILLS, UT CENTERFIELD, UT CENTERVILLE CITY CORPORATION, UT CENTRAL VALLEY, UT CHARLESTON, UT CIRCLEVILLE, UT CLARKSTON, UT CLAWSON, UT CLEARFIELD, UT CLEVELAND, UT CLINTON CITY CORPORATION, UT COALVILLE, UT CORINNE, UT CORNISH, UT COTTONWOOD HEIGHTS, UT DANIEL, UT DELTA, UT DEWEYVILLE, UT DRAPER CITY, UT DUCHESNE, UT EAGLE MOUNTAIN, UT EAST CARBON, UT ELK RIDGE, UT ELMO, UT ELSINORE, UT ELWOOD, UT EMERY, UT ENOCH, UT ENTERPRISE, UT EPHRAIM, UT ESCALANTE, UT EUREKA, UT FAIRFIELD, UT FAIRVIEW, UT FARMINGTON, UT FARR WEST, UT FAYETTE, UT FERRON, UT FIELDING, UT FILLMORE, UT FOUNTAIN GREEN, UT FRANCIS, UT FRUIT HEIGHTS, UT GARDEN CITY, UT GARLAND, UT GENOLA, UT GLENDALE, UT GLENWOOD, UT GOSHEN, UT GRANTSVILLE, UT GREEN RIVER, UT GUNNISON, UT HANKSVILLE, UT HARRISVILLE, UT HATCH, UT HEBER CITY CORPORATION, UT HELPER, UT HENEFER, UT HENRIEVILLE, UT HERRIMAN, UT HIDEOUT, UT HIGHLAND, UT HILDALE, UT HINCKLEY, UT HOLDEN, UT HOLLADAY, UT HONEYVILLE, UT HOOPER, UT HOWELL, UT HUNTINGTON, UT HUNTSVILLE, UT CITY OF HURRICANE, UT HYDE PARK, UT HYRUM, UT INDEPENDENCE, UT IVINS, UT JOSEPH, UT JUNCTION, UT KAMAS, UT KANAB, UT KANARRAVILLE, UT KANOSH, UT KAYSVILLE, UT KINGSTON, UT KOOSHAREM, UT LAKETOWN, UT LA VERKIN, UT LAYTON, UT LEAMINGTON, UT LEEDS, UT LEHI CITY CORPORATION, UT LEVAN, UT Requirements for National Cooperative Contract Page 43 of 55 LEWISTON, UT LINDON, UT LOA, UT LOGAN CITY, UT LYMAN, UT LYNNDYL, UT MANILA, UT MANTI, UT MANTUA, UT MAPLETON, UT MARRIOTT-SLATERVILLE, UT MARYSVALE, UT MAYFIELD, UT MEADOW, UT MENDON, UT MIDVALE CITY INC., UT MIDWAY, UT MILFORD, UT MILLVILLE, UT MINERSVILLE, UT MOAB, UT MONA, UT MONROE, UT CITY OF MONTICELLO, UT MORGAN, UT MORONI, UT MOUNT PLEASANT, UT MURRAY CITY CORPORATION, UT MYTON, UT NAPLES, UT NEPHI, UT NEW HARMONY, UT NEWTON, UT NIBLEY, UT NORTH LOGAN, UT NORTH OGDEN, UT NORTH SALT LAKE CITY, UT OAK CITY, UT OAKLEY, UT OGDEN CITY CORPORATION, UT OPHIR, UT ORANGEVILLE, UT ORDERVILLE, UT OREM, UT PANGUITCH, UT PARADISE, UT PARAGONAH, UT PARK CITY, UT PAROWAN, UT PAYSON, UT PERRY, UT PLAIN CITY, UT PLEASANT GROVE CITY, UT PLEASANT VIEW, UT PLYMOUTH, UT PORTAGE, UT PRICE, UT PROVIDENCE, UT PROVO, UT RANDOLPH, UT REDMOND, UT RICHFIELD, UT RICHMOND, UT RIVERDALE, UT RIVER HEIGHTS, UT RIVERTON CITY, UT ROCKVILLE, UT ROCKY RIDGE, UT ROOSEVELT CITY CORPORATION, UT ROY, UT RUSH VALLEY, UT CITY OF ST. GEORGE, UT SALEM, UT SALINA, UT SALT LAKE CITY CORPORATION, UT SANDY, UT SANTA CLARA, UT SANTAQUIN, UT SARATOGA SPRINGS, UT SCIPIO, UT SCOFIELD, UT SIGURD, UT SMITHFIELD, UT SNOWVILLE, UT CITY OF SOUTH JORDAN, UT SOUTH OGDEN, UT CITY OF SOUTH SALT LAKE, UT SOUTH WEBER, UT SPANISH FORK, UT SPRING CITY, UT SPRINGDALE, UT SPRINGVILLE, UT STERLING, UT STOCKTON, UT SUNNYSIDE, UT SUNSET CITY CORP, UT SYRACUSE, UT TABIONA, UT CITY OF TAYLORSVILLE, UT TOOELE CITY CORPORATION, UT TOQUERVILLE, UT TORREY, UT TREMONTON CITY, UT TRENTON, UT TROPIC, UT UINTAH, UT VERNAL CITY, UT VERNON, UT VINEYARD, UT VIRGIN, UT WALES, UT WALLSBURG, UT WASHINGTON CITY, UT WASHINGTON TERRACE, UT WELLINGTON, UT WELLSVILLE, UT WENDOVER, UT WEST BOUNTIFUL, UT WEST HAVEN, UT WEST JORDAN, UT WEST POINT, UT WEST VALLEY CITY, UT WILLARD, UT WOODLAND HILLS, UT WOODRUFF, UT WOODS CROSS, UT COUNTIES AND PARISHES INCLUDING BUT NOT LIMITED TO: ASCENSION PARISH, LA Requirements for National Cooperative Contract Page 44 of 55 ASCENSION PARISH, LA, CLEAR OF COURT CADDO PARISH, LA CALCASIEU PARISH, LA CALCASIEU PARISH SHERIFF’S OFFICE, LA CITY AND COUNTY OF HONOLULU, HI CLACKAMAS COUNTY, OR CLACKAMAS COUNTY DEPT OF TRANSPORTATION, OR CLATSOP COUNTY, OR COLUMBIA COUNTY, OR COOS COUNTY, OR COOS COUNTY HIGHWAY DEPARTMENT, OR COUNTY OF HAWAII, OR CROOK COUNTY, OR CROOK COUNTY ROAD DEPARTMENT, OR CURRY COUNTY, OR DESCHUTES COUNTY, OR DOUGLAS COUNTY, OR EAST BATON ROUGE PARISH, LA GILLIAM COUNTY, OR GRANT COUNTY, OR HARNEY COUNTY, OR HARNEY COUNTY SHERIFFS OFFICE, OR HAWAII COUNTY, HI HOOD RIVER COUNTY, OR JACKSON COUNTY, OR JEFFERSON COUNTY, OR JEFFERSON PARISH, LA JOSEPHINE COUNTY GOVERNMENT, OR LAFAYETTE CONSOLIDATED GOVERNMENT, LA LAFAYETTE PARISH, LA LAFAYETTE PARISH CONVENTION & VISITORS COMMISSION LAFOURCHE PARISH, LA KAUAI COUNTY, HI KLAMATH COUNTY, OR LAKE COUNTY, OR LANE COUNTY, OR LINCOLN COUNTY, OR LINN COUNTY, OR LIVINGSTON PARISH, LA MALHEUR COUNTY, OR MAUI COUNTY, HI MARION COUNTY, SALEM, OR MORROW COUNTY, OR MULTNOMAH COUNTY, OR MULTNOMAH COUNTY BUSINESS AND COMMUNITY SERVICES, OR MULTNOMAH COUNTY SHERIFFS OFFICE, OR MULTNOMAH LAW LIBRARY, OR ORLEANS PARISH, LA PLAQUEMINES PARISH, LA POLK COUNTY, OR RAPIDES PARISH, LA SAINT CHARLES PARISH, LA SAINT CHARLES PARISH PUBLIC SCHOOLS, LA SAINT LANDRY PARISH, LA SAINT TAMMANY PARISH, LA SHERMAN COUNTY, OR TERREBONNE PARISH, LA TILLAMOOK COUNTY, OR TILLAMOOK COUNTY SHERIFF'S OFFICE, OR TILLAMOOK COUNTY GENERAL HOSPITAL, OR UMATILLA COUNTY, OR UNION COUNTY, OR WALLOWA COUNTY, OR WASCO COUNTY, OR WASHINGTON COUNTY, OR WEST BATON ROUGE PARISH, LA WHEELER COUNTY, OR YAMHILL COUNTY, OR COUNTY OF BOX ELDER, UT COUNTY OF CACHE, UT COUNTY OF RICH, UT COUNTY OF WEBER, UT COUNTY OF MORGAN, UT COUNTY OF DAVIS, UT COUNTY OF SUMMIT, UT COUNTY OF DAGGETT, UT COUNTY OF SALT LAKE, UT COUNTY OF TOOELE, UT COUNTY OF UTAH, UT COUNTY OF WASATCH, UT COUNTY OF DUCHESNE, UT COUNTY OF UINTAH, UT COUNTY OF CARBON, UT COUNTY OF SANPETE, UT COUNTY OF JUAB, UT COUNTY OF MILLARD, UT COUNTY OF SEVIER, UT COUNTY OF EMERY, UT COUNTY OF GRAND, UT COUNTY OF BEVER, UT COUNTY OF PIUTE, UT COUNTY OF WAYNE, UT COUNTY OF SAN JUAN, UT COUNTY OF GARFIELD, UT COUNTY OF KANE, UT COUNTY OF IRON, UT COUNTY OF WASHINGTON, UT OTHER AGENCIES INCLUDING ASSOCIATIONS, BOARDS, DISTRICTS, COMMISSIONS, COUNCILS, PUBLIC CORPORATIONS, PUBLIC DEVELOPMENT AUTHORITIES, RESERVATIONS AND UTILITIES INCLUDING BUT NOT LIMITED TO: ADAIR R.F.P.D., OR ADEL WATER IMPROVEMENT DISTRICT, OR ADRIAN R.F.P.D., OR AGNESS COMMUNITY LIBRARY, OR AGNESS-ILLAHE R.F.P.D., OR AGRICULTURE EDUCATION SERVICE EXTENSION DISTRICT, OR ALDER CREEK-BARLOW WATER DISTRICT NO. 29, OR ALFALFA FIRE DISTRICT, OR ALSEA R.F.P.D., OR ALSEA RIVIERA WATER IMPROVEMENT DISTRICT, OR AMITY FIRE DISTRICT, OR ANTELOPE MEADOWS SPECIAL ROAD DISTRICT, OR APPLE ROGUE DISTRICT IMPROVEMENT COMPANY, OR APPLEGATE VALLEY R.F.P.D. #9, OR ARCH CAPE DOMESTIC WATER SUPPLY DISTRICT, OR ARCH CAPE SANITARY DISTRICT, OR ARNOLD IRRIGATION DISTRICT, OR ASH CREEK WATER CONTROL DISTRICT, OR ATHENA CEMETERY MAINTENANCE DISTRICT, OR Requirements for National Cooperative Contract Page 45 of 55 AUMSVILLE R.F.P.D., OR AURORA R.F.P.D., OR AZALEA R.F.P.D., OR BADGER IMPROVEMENT DISTRICT, OR BAILEY-SPENCER R.F.P.D., OR BAKER COUNTY LIBRARY DISTRICT, OR BAKER R.F.P.D., OR BAKER RIVERTON ROAD DISTRICT, OR BAKER VALLEY IRRIGATION DISTRICT, OR BAKER VALLEY S.W.C.D., OR BAKER VALLEY VECTOR CONTROL DISTRICT, OR BANDON CRANBERRY WATER CONTROL DISTRICT, OR BANDON R.F.P.D., OR BANKS FIRE DISTRICT, OR BANKS FIRE DISTRICT #13, OR BAR L RANCH ROAD DISTRICT, OR BARLOW WATER IMPROVEMENT DISTRICT, OR BASIN AMBULANCE SERVICE DISTRICT, OR BASIN TRANSIT SERVICE TRANSPORTATION DISTRICT, OR BATON ROUGE WATER COMPANY BAY AREA HEALTH DISTRICT, OR BAYSHORE SPECIAL ROAD DISTRICT, OR BEAR VALLEY SPECIAL ROAD DISTRICT, OR BEAVER CREEK WATER CONTROL DISTRICT, OR BEAVER DRAINAGE IMPROVEMENT COMPANY, INC., OR BEAVER SLOUGH DRAINAGE DISTRICT, OR BEAVER SPECIAL ROAD DISTRICT, OR BEAVER WATER DISTRICT, OR BELLE MER S.I.G.L. TRACTS SPECIAL ROAD DISTRICT, OR BEND METRO PARK AND RECREATION DISTRICT BENTON S.W.C.D., OR BERNDT SUBDIVISION WATER IMPROVEMENT DISTRICT, OR BEVERLY BEACH WATER DISTRICT, OR BIENVILLE PARISH FIRE PROTECTION DISTRICT 6, LA BIG BEND IRRIGATION DISTRICT, OR BIGGS SERVICE DISTRICT, OR BLACK BUTTE RANCH DEPARTMENT OF POLICE SERVICES, OR BLACK BUTTE RANCH R.F.P.D., OR BLACK MOUNTAIN WATER DISTRICT, OR BLODGETT-SUMMIT R.F.P.D., OR BLUE MOUNTAIN HOSPITAL DISTRICT, OR BLUE MOUNTAIN TRANSLATOR DISTRICT, OR BLUE RIVER PARK & RECREATION DISTRICT, OR BLUE RIVER WATER DISTRICT, OR BLY R.F.P.D., OR BLY VECTOR CONTROL DISTRICT, OR BLY WATER AND SANITARY DISTRICT, OR BOARDMAN CEMETERY MAINTENANCE DISTRICT, OR BOARDMAN PARK AND RECREATION DISTRICT BOARDMAN R.F.P.D., OR BONANZA BIG SPRINGS PARK & RECREATION DISTRICT, OR BONANZA MEMORIAL PARK CEMETERY DISTRICT, OR BONANZA R.F.P.D., OR BONANZA-LANGELL VALLEY VECTOR CONTROL DISTRICT, OR BORING WATER DISTRICT #24, OR BOULDER CREEK RETREAT SPECIAL ROAD DISTRICT, OR BRIDGE R.F.P.D., OR BROOKS COMMUNITY SERVICE DISTRICT, OR BROWNSVILLE R.F.P.D., OR BUELL-RED PRAIRIE WATER DISTRICT, OR BUNKER HILL R.F.P.D. #1, OR BUNKER HILL SANITARY DISTRICT, OR BURLINGTON WATER DISTRICT, OR BURNT RIVER IRRIGATION DISTRICT, OR BURNT RIVER S.W.C.D., OR CALAPOOIA R.F.P.D., OR CAMAS VALLEY R.F.P.D., OR CAMELLIA PARK SANITARY DISTRICT, OR CAMMANN ROAD DISTRICT, OR CAMP SHERMAN ROAD DISTRICT, OR CANBY AREA TRANSIT, OR CANBY R.F.P.D. #62, OR CANBY UTILITY BOARD, OR CANNON BEACH R.F.P.D., OR CANYONVILLE SOUTH UMPQUA FIRE DISTRICT, OR CAPE FERRELO R.F.P.D., OR CAPE FOULWEATHER SANITARY DISTRICT, OR CARLSON PRIMROSE SPECIAL ROAD DISTRICT, OR CARMEL BEACH WATER DISTRICT, OR CASCADE VIEW ESTATES TRACT 2, OR CEDAR CREST SPECIAL ROAD DISTRICT, OR CEDAR TRAILS SPECIAL ROAD DISTRICT, OR CEDAR VALLEY - NORTH BANK R.F.P.D., OR CENTRAL CASCADES FIRE AND EMS, OR CENTRAL CITY ECONOMIC OPPORTUNITY CORP, LA CENTRAL LINCOLN P.U.D., OR CENTRAL OREGON COAST FIRE & RESCUE DISTRICT, OR CENTRAL OREGON INTERGOVERNMENTAL COUNCIL CENTRAL OREGON IRRIGATION DISTRICT, OR CHAPARRAL WATER CONTROL DISTRICT, OR CHARLESTON FIRE DISTRICT, OR CHARLESTON SANITARY DISTRICT, OR CHARLOTTE ANN WATER DISTRICT, OR CHEHALEM PARK & RECREATION DISTRICT, OR CHEHALEM PARK AND RECREATION DISTRICT CHEMULT R.F.P.D., OR CHENOWITH WATER P.U.D., OR CHERRIOTS, OR CHETCO COMMUNITY PUBLIC LIBRARY DISTRICT, OR CHILOQUIN VECTOR CONTROL DISTRICT, OR CHILOQUIN-AGENCY LAKE R.F.P.D., OR CHINOOK DRIVE SPECIAL ROAD DISTRICT, OR CHR DISTRICT IMPROVEMENT COMPANY, OR CHRISTMAS VALLEY DOMESTIC WATER DISTRICT, OR CHRISTMAS VALLEY PARK & RECREATION DISTRICT, OR CHRISTMAS VALLEY R.F.P.D., OR CITY OF BOGALUSA SCHOOL BOARD, LA CLACKAMAS COUNTY FIRE DISTRICT #1, OR CLACKAMAS COUNTY SERVICE DISTRICT #1, OR CLACKAMAS COUNTY VECTOR CONTROL DISTRICT, OR CLACKAMAS RIVER WATER CLACKAMAS RIVER WATER, OR Requirements for National Cooperative Contract Page 46 of 55 CLACKAMAS S.W.C.D., OR CLATSKANIE DRAINAGE IMPROVEMENT COMPANY, OR CLATSKANIE LIBRARY DISTRICT, OR CLATSKANIE P.U.D., OR CLATSKANIE PARK & RECREATION DISTRICT, OR CLATSKANIE PEOPLE'S UTILITY DISTRICT CLATSKANIE R.F.P.D., OR CLATSOP CARE CENTER HEALTH DISTRICT, OR CLATSOP COUNTY S.W.C.D., OR CLATSOP DRAINAGE IMPROVEMENT COMPANY #15, INC., OR CLEAN WATER SERVICES CLEAN WATER SERVICES, OR CLOVERDALE R.F.P.D., OR CLOVERDALE SANITARY DISTRICT, OR CLOVERDALE WATER DISTRICT, OR COALEDO DRAINAGE DISTRICT, OR COBURG FIRE DISTRICT, OR COLESTIN RURAL FIRE DISTRICT, OR COLTON R.F.P.D., OR COLTON WATER DISTRICT #11, OR COLUMBIA 911 COMMUNICATIONS DISTRICT, OR COLUMBIA COUNTY 4-H & EXTENSION SERVICE DISTRICT, OR COLUMBIA DRAINAGE VECTOR CONTROL, OR COLUMBIA IMPROVEMENT DISTRICT, OR COLUMBIA R.F.P.D., OR COLUMBIA RIVER FIRE & RESCUE, OR COLUMBIA RIVER PUD, OR COLUMBIA S.W.C.D., OR COLUMBIA S.W.C.D., OR CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION COOS COUNTY AIRPORT DISTRICT, OR COOS COUNTY AIRPORT DISTRICT, OR COOS COUNTY AREA TRANSIT SERVICE DISTRICT, OR COOS COUNTY AREA TRANSIT SERVICE DISTRICT, OR COOS FOREST PROTECTIVE ASSOCIATION COOS S.W.C.D., OR COQUILLE R.F.P.D., OR COQUILLE VALLEY HOSPITAL DISTRICT, OR CORBETT WATER DISTRICT, OR CORNELIUS R.F.P.D., OR CORP RANCH ROAD WATER IMPROVEMENT, OR CORVALLIS R.F.P.D., OR COUNTRY CLUB ESTATES SPECIAL WATER DISTRICT, OR COUNTRY CLUB WATER DISTRICT, OR COUNTRY ESTATES ROAD DISTRICT, OR COVE CEMETERY MAINTENANCE DISTRICT, OR COVE ORCHARD SEWER SERVICE DISTRICT, OR COVE R.F.P.D., OR CRESCENT R.F.P.D., OR CRESCENT SANITARY DISTRICT, OR CRESCENT WATER SUPPLY AND IMPROVEMENT DISTRICT, OR CROOK COUNTY AGRICULTURE EXTENSION SERVICE DISTRICT, OR CROOK COUNTY CEMETERY DISTRICT, OR CROOK COUNTY FIRE AND RESCUE, OR CROOK COUNTY PARKS & RECREATION DISTRICT, OR CROOK COUNTY S.W.C.D., OR CROOK COUNTY VECTOR CONTROL DISTRICT, OR CROOKED RIVER RANCH R.F.P.D., OR CROOKED RIVER RANCH SPECIAL ROAD DISTRICT, OR CRYSTAL SPRINGS WATER DISTRICT, OR CURRY COUNTY 4-H & EXTENSION SERVICE DISTRICT, OR CURRY COUNTY PUBLIC TRANSIT SERVICE DISTRICT, OR CURRY COUNTY S.W.C.D., OR CURRY HEALTH DISTRICT, OR CURRY PUBLIC LIBRARY DISTRICT, OR DALLAS CEMETERY DISTRICT #4, OR DARLEY DRIVE SPECIAL ROAD DISTRICT, OR DAVID CROCKETT STEAM FIRE COMPANY #1, LA DAYS CREEK R.F.P.D., OR DAYTON FIRE DISTRICT, OR DEAN MINARD WATER DISTRICT, OR DEE IRRIGATION DISTRICT, OR DEER ISLAND DRAINAGE IMPROVEMENT COMPANY, OR DELL BROGAN CEMETERY MAINTENANCE DISTRICT, OR DEPOE BAY R.F.P.D., OR DESCHUTES COUNTY 911 SERVICE DISTRICT, OR DESCHUTES COUNTY R.F.P.D. #2, OR DESCHUTES PUBLIC LIBRARY DISTRICT, OR DESCHUTES S.W.C.D., OR DESCHUTES VALLEY WATER DISTRICT, OR DEVILS LAKE WATER IMPROVEMENT DISTRICT, OR DEXTER R.F.P.D., OR DEXTER SANITARY DISTRICT, OR DORA-SITKUM R.F.P.D., OR DOUGLAS COUNTY FIRE DISTRICT #2, OR DOUGLAS S.W.C.D., OR DRAKES CROSSING R.F.P.D., OR DRRH SPECIAL ROAD DISTRICT #6, OR DRY GULCH DITCH DISTRICT IMPROVEMENT COMPANY, OR DUFUR RECREATION DISTRICT, OR DUMBECK LANE DOMESTIC WATER SUPPLY, OR DUNDEE R.F.P.D., OR DURKEE COMMUNITY BUILDING PRESERVATION DISTRICT, OR EAGLE POINT IRRIGATION DISTRICT, OR EAGLE VALLEY CEMETERY MAINTENANCE DISTRICT, OR EAGLE VALLEY R.F.P.D., OR EAGLE VALLEY S.W.C.D., OR EAST FORK IRRIGATION DISTRICT, OR EAST MULTNOMAH S.W.C.D., OR EAST SALEM SERVICE DISTRICT, OR EAST UMATILLA CHEMICAL CONTROL DISTRICT, OR EAST UMATILLA COUNTY AMBULANCE AREA HEALTH DISTRICT, OR EAST UMATILLA COUNTY R.F.P.D., OR EAST VALLEY WATER DISTRICT, OR ELGIN COMMUNITY PARKS & RECREATION DISTRICT, OR ELGIN HEALTH DISTRICT, OR ELGIN R.F.P.D., OR ELKTON ESTATES PHASE II SPECIAL ROAD DISTRICT, OR Requirements for National Cooperative Contract Page 47 of 55 ELKTON R.F.P.D., OR EMERALD P.U.D., OR ENTERPRISE IRRIGATION DISTRICT, OR ESTACADA CEMETERY MAINTENANCE DISTRICT, OR ESTACADA R.F.P.D. #69, OR EUGENE R.F.P.D. # 1, OR EUGENE WATER AND ELECTRIC BOARD EVANS VALLEY FIRE DISTRICT #6, OR FAIR OAKS R.F.P.D., OR FAIRVIEW R.F.P.D., OR FAIRVIEW WATER DISTRICT, OR FALCON HEIGHTS WATER AND SEWER, OR FALCON-COVE BEACH WATER DISTRICT, OR FALL RIVER ESTATES SPECIAL ROAD DISTRICT, OR FARGO INTERCHANGE SERVICE DISTRICT, OR FARMERS IRRIGATION DISTRICT, OR FAT ELK DRAINAGE DISTRICT, OR FERN RIDGE PUBLIC LIBRARY DISTRICT, OR FERN VALLEY ESTATES IMPROVEMENT DISTRICT, OR FOR FAR ROAD DISTRICT, OR FOREST GROVE R.F.P.D., OR FOREST VIEW SPECIAL ROAD DISTRICT, OR FORT ROCK-SILVER LAKE S.W.C.D., OR FOUR RIVERS VECTOR CONTROL DISTRICT, OR FOX CEMETERY MAINTENANCE DISTRICT, OR GARDINER R.F.P.D., OR GARDINER SANITARY DISTRICT, OR GARIBALDI R.F.P.D., OR GASTON R.F.P.D., OR GATES R.F.P.D., OR GEARHART R.F.P.D., OR GILLIAM S.W.C.D., OR GLENDALE AMBULANCE DISTRICT, OR GLENDALE R.F.P.D., OR GLENEDEN BEACH SPECIAL ROAD DISTRICT, OR GLENEDEN SANITARY DISTRICT, OR GLENWOOD WATER DISTRICT, OR GLIDE - IDLEYLD SANITARY DISTRICT, OR GLIDE R.F.P.D., OR GOLD BEACH - WEDDERBURN R.F.P.D., OR GOLD HILL IRRIGATION DISTRICT, OR GOLDFINCH ROAD DISTRICT, OR GOSHEN R.F.P.D., OR GOVERNMENT CAMP ROAD DISTRICT, OR GOVERNMENT CAMP SANITARY DISTRICT, OR GRAND PRAIRIE WATER CONTROL DISTRICT, OR GRAND RONDE SANITARY DISTRICT, OR GRANT COUNTY TRANSPORTATION DISTRICT, OR GRANT S.W.C.D., OR GRANTS PASS IRRIGATION DISTRICT, OR GREATER BOWEN VALLEY R.F.P.D., OR GREATER ST. HELENS PARK & RECREATION DISTRICT, OR GREATER TOLEDO POOL RECREATION DISTRICT, OR GREEN KNOLLS SPECIAL ROAD DISTRICT, OR GREEN SANITARY DISTRICT, OR GREENACRES R.F.P.D., OR GREENBERRY IRRIGATION DISTRICT, OR GREENSPRINGS RURAL FIRE DISTRICT, OR HAHLEN ROAD SPECIAL DISTRICT, OR HAINES CEMETERY MAINTENANCE DISTRICT, OR HAINES FIRE PROTECTION DISTRICT, OR HALSEY-SHEDD R.F.P.D., OR HAMLET R.F.P.D., OR HARBOR R.F.P.D., OR HARBOR SANITARY DISTRICT, OR HARBOR WATER P.U.D., OR HARNEY COUNTY HEALTH DISTRICT, OR HARNEY S.W.C.D., OR HARPER SOUTH SIDE IRRIGATION DISTRICT, OR HARRISBURG FIRE AND RESCUE, OR HAUSER R.F.P.D., OR HAZELDELL RURAL FIRE DISTRICT, OR HEBO JOINT WATER-SANITARY AUTHORITY, OR HECETA WATER P.U.D., OR HELIX CEMETERY MAINTENANCE DISTRICT #4, OR HELIX PARK & RECREATION DISTRICT, OR HELIX R.F.P.D. #7-411, OR HEPPNER CEMETERY MAINTENANCE DISTRICT, OR HEPPNER R.F.P.D., OR HEPPNER WATER CONTROL DISTRICT, OR HEREFORD COMMUNITY HALL RECREATION DISTRICT, OR HERMISTON CEMETERY DISTRICT, OR HERMISTON IRRIGATION DISTRICT, OR HIDDEN VALLEY MOBILE ESTATES IMPROVEMENT DISTRICT, OR HIGH DESERT PARK & RECREATION DISTRICT, OR HIGHLAND SUBDIVISION WATER DISTRICT, OR HONOLULU INTERNATIONAL AIRPORT HOOD RIVER COUNTY LIBRARY DISTRICT, OR HOOD RIVER COUNTY TRANSPORTATION DISTRICT, OR HOOD RIVER S.W.C.D., OR HOOD RIVER VALLEY PARKS & RECREATION DISTRICT, OR HOODLAND FIRE DISTRICT #74 HOODLAND FIRE DISTRICT #74, OR HORSEFLY IRRIGATION DISTRICT, OR HOSKINS-KINGS VALLEY R.F.P.D., OR HOUSING AUTHORITY OF PORTLAND HUBBARD R.F.P.D., OR HUDSON BAY DISTRICT IMPROVEMENT COMPANY, OR I N (KAY) YOUNG DITCH DISTRICT IMPROVEMENT COMPANY, OR ICE FOUNTAIN WATER DISTRICT, OR IDAHO POINT SPECIAL ROAD DISTRICT, OR IDANHA-DETROIT RURAL FIRE PROTECTION DISTRICT, OR ILLINOIS VALLEY FIRE DISTRICT ILLINOIS VALLEY R.F.P.D., OR ILLINOIS VALLEY S.W.C.D., OR IMBLER R.F.P.D., OR INTERLACHEN WATER P.U.D., OR IONE LIBRARY DISTRICT, OR IONE R.F.P.D. #6-604, OR IRONSIDE CEMETERY MAINTENANCE DISTRICT, OR IRONSIDE RURAL ROAD DISTRICT #5, OR IRRIGON PARK & RECREATION DISTRICT, OR IRRIGON R.F.P.D., OR ISLAND CITY AREA SANITATION DISTRICT, OR ISLAND CITY CEMETERY MAINTENANCE DISTRICT, OR JACK PINE VILLAGE SPECIAL ROAD DISTRICT, OR JACKSON COUNTY FIRE DISTRICT #3, OR JACKSON COUNTY FIRE DISTRICT #4, OR Requirements for National Cooperative Contract Page 48 of 55 JACKSON COUNTY FIRE DISTRICT #5, OR JACKSON COUNTY LIBRARY DISTRICT, OR JACKSON COUNTY VECTOR CONTROL DISTRICT, OR JACKSON S.W.C.D., OR JASPER KNOLLS WATER DISTRICT, OR JEFFERSON COUNTY EMERGENCY MEDICAL SERVICE DISTRICT, OR JEFFERSON COUNTY FIRE DISTRICT #1, OR JEFFERSON COUNTY LIBRARY DISTRICT, OR JEFFERSON COUNTY S.W.C.D., OR JEFFERSON PARK & RECREATION DISTRICT, OR JEFFERSON R.F.P.D., OR JOB'S DRAINAGE DISTRICT, OR JOHN DAY WATER DISTRICT, OR JOHN DAY-CANYON CITY PARKS & RECREATION DISTRICT, OR JOHN DAY-FERNHILL R.F.P.D. #5-108, OR JORDAN VALLEY CEMETERY DISTRICT, OR JORDAN VALLEY IRRIGATION DISTRICT, OR JOSEPHINE COMMUNITY LIBRARY DISTRICT, OR JOSEPHINE COUNTY 4-H & EXTENSION SERVICE DISTRICT, OR JOSEPHINE COUNTY 911 AGENCY, OR JUNCTION CITY R.F.P.D., OR JUNCTION CITY WATER CONTROL DISTRICT, OR JUNIPER BUTTE ROAD DISTRICT, OR JUNIPER CANYON WATER CONTROL DISTRICT, OR JUNIPER FLAT DISTRICT IMPROVEMENT COMPANY, OR JUNIPER FLAT R.F.P.D., OR JUNO NONPROFIT WATER IMPROVEMENT DISTRICT, OR KEATING R.F.P.D., OR KEATING S.W.C.D., OR KEIZER R.F.P.D., OR KELLOGG RURAL FIRE DISTRICT, OR KENO IRRIGATION DISTRICT, OR KENO PINES ROAD DISTRICT, OR KENO R.F.P.D., OR KENT WATER DISTRICT, OR KERBY WATER DISTRICT, OR K-GB-LB WATER DISTRICT, OR KILCHIS WATER DISTRICT, OR KLAMATH 9-1-1 COMMUNICATIONS DISTRICT, OR KLAMATH BASIN IMPROVEMENT DISTRICT, OR KLAMATH COUNTY DRAINAGE SERVICE DISTRICT, OR KLAMATH COUNTY EXTENSION SERVICE DISTRICT, OR KLAMATH COUNTY FIRE DISTRICT #1, OR KLAMATH COUNTY FIRE DISTRICT #3, OR KLAMATH COUNTY FIRE DISTRICT #4, OR KLAMATH COUNTY FIRE DISTRICT #5, OR KLAMATH COUNTY LIBRARY SERVICE DISTRICT, OR KLAMATH COUNTY PREDATORY ANIMAL CONTROL DISTRICT, OR KLAMATH DRAINAGE DISTRICT, OR KLAMATH FALLS FOREST ESTATES SPECIAL ROAD DISTRICT UNIT #2, OR KLAMATH INTEROPERABILITY RADIO GROUP, OR KLAMATH IRRIGATION DISTRICT, OR KLAMATH RIVER ACRES SPECIAL ROAD DISTRICT, OR KLAMATH S.W.C.D., OR KLAMATH VECTOR CONTROL DISTRICT, OR KNAPPA-SVENSEN-BURNSIDE R.F.P.D., OR LA GRANDE CEMETERY MAINTENANCE DISTRICT, OR LA GRANDE R.F.P.D., OR LA PINE PARK & RECREATION DISTRICT, OR LA PINE R.F.P.D., OR LABISH VILLAGE SEWAGE & DRAINAGE, OR LACOMB IRRIGATION DISTRICT, OR LAFAYETTE AIRPORT COMMISSION, LA LAFOURCHE PARISH HEALTH UNIT – DHH-OPH REGION 3 LAIDLAW WATER DISTRICT, OR LAKE CHINOOK FIRE & RESCUE, OR LAKE COUNTY 4-H & EXTENSION SERVICE DISTRICT, OR LAKE COUNTY LIBRARY DISTRICT, OR LAKE CREEK R.F.P.D. - JACKSON, OR LAKE CREEK R.F.P.D. - LANE COUNTY, OR LAKE DISTRICT HOSPITAL, OR LAKE GROVE R.F.P.D. NO. 57, OR LAKE GROVE WATER DISTRICT, OR LAKE LABISH WATER CONTROL DISTRICT, OR LAKE POINT SPECIAL ROAD DISTRICT, OR LAKESIDE R.F.P.D. #4, OR LAKESIDE WATER DISTRICT, OR LAKEVIEW R.F.P.D., OR LAKEVIEW S.W.C.D., OR LAMONTAI IMPROVEMENT DISTRICT, OR LANE FIRE AUTHORITY, OR LANE LIBRARY DISTRICT, OR LANE TRANSIT DISTRICT, OR LANGELL VALLEY IRRIGATION DISTRICT, OR LANGLOIS PUBLIC LIBRARY, OR LANGLOIS R.F.P.D., OR LANGLOIS WATER DISTRICT, OR LAZY RIVER SPECIAL ROAD DISTRICT, OR LEBANON AQUATIC DISTRICT, OR LEBANON R.F.P.D., OR LEWIS & CLARK R.F.P.D., OR LINCOLN COUNTY LIBRARY DISTRICT, OR LINCOLN S.W.C.D., OR LINN COUNTY EMERGENCY TELEPHONE AGENCY, OR LINN S.W.C.D., OR LITTLE MUDDY CREEK WATER CONTROL, OR LITTLE NESTUCCA DRAINAGE DISTRICT, OR LITTLE SWITZERLAND SPECIAL ROAD DISTRICT, OR LONE PINE IRRIGATION DISTRICT, OR LONG PRAIRIE WATER DISTRICT, OR LOOKINGGLASS OLALLA WATER CONTROL DISTRICT, OR LOOKINGGLASS RURAL FIRE DISTRICT, OR LORANE R.F.P.D., OR LOST & BOULDER DITCH IMPROVEMENT DISTRICT, OR LOST CREEK PARK SPECIAL ROAD DISTRICT, OR LOUISIANA PUBLIC SERVICE COMMISSION, LA LOUISIANA WATER WORKS LOWELL R.F.P.D., OR LOWER MCKAY CREEK R.F.P.D., OR LOWER MCKAY CREEK WATER CONTROL DISTRICT, OR LOWER POWDER RIVER IRRIGATION DISTRICT, OR LOWER SILETZ WATER DISTRICT, OR Requirements for National Cooperative Contract Page 49 of 55 LOWER UMPQUA HOSPITAL DISTRICT, OR LOWER UMPQUA PARK & RECREATION DISTRICT, OR LOWER VALLEY WATER IMPROVEMENT DISTRICT, OR LUCE LONG DITCH DISTRICT IMPROVEMENT CO., OR LUSTED WATER DISTRICT, OR LYONS R.F.P.D., OR LYONS-MEHAMA WATER DISTRICT, OR MADRAS AQUATIC CENTER DISTRICT, OR MAKAI SPECIAL ROAD DISTRICT, OR MALHEUR COUNTY S.W.C.D., OR MALHEUR COUNTY VECTOR CONTROL DISTRICT, OR MALHEUR DISTRICT IMPROVEMENT COMPANY, OR MALHEUR DRAINAGE DISTRICT, OR MALHEUR MEMORIAL HEALTH DISTRICT, OR MALIN COMMUNITY CEMETERY MAINTENANCE DISTRICT, OR MALIN COMMUNITY PARK & RECREATION DISTRICT, OR MALIN IRRIGATION DISTRICT, OR MALIN R.F.P.D., OR MAPLETON FIRE DEPARTMENT, OR MAPLETON WATER DISTRICT, OR MARCOLA WATER DISTRICT, OR MARION COUNTY EXTENSION & 4H SERVICE DISTRICT, OR MARION COUNTY FIRE DISTRICT #1, OR MARION JACK IMPROVEMENT DISTRICT, OR MARION S.W.C.D., OR MARY'S RIVER ESTATES ROAD DISTRICT, OR MCDONALD FOREST ESTATES SPECIAL ROAD DISTRICT, OR MCKAY ACRES IMPROVEMENT DISTRICT, OR MCKAY DAM R.F.P.D. # 7-410, OR MCKENZIE FIRE & RESCUE, OR MCKENZIE PALISADES WATER SUPPLY CORPORATION, OR MCMINNVILLE R.F.P.D., OR MCNULTY WATER P.U.D., OR MEADOWS DRAINAGE DISTRICT, OR MEDFORD IRRIGATION DISTRICT, OR MEDFORD R.F.P.D. #2, OR MEDFORD WATER COMMISSION MEDICAL SPRINGS R.F.P.D., OR MELHEUR COUNTY JAIL, OR MERLIN COMMUNITY PARK DISTRICT, OR MERRILL CEMETERY MAINTENANCE DISTRICT, OR MERRILL PARK DISTRICT, OR MERRILL R.F.P.D., OR METRO REGIONAL GOVERNMENT METRO REGIONAL PARKS METROPOLITAN EXPOSITION RECREATION COMMISSION METROPOLITAN SERVICE DISTRICT (METRO) MID COUNTY CEMETERY MAINTENANCE DISTRICT, OR MID-COLUMBIA FIRE AND RESCUE, OR MIDDLE FORK IRRIGATION DISTRICT, OR MIDLAND COMMUNITY PARK, OR MIDLAND DRAINAGE IMPROVEMENT DISTRICT, OR MILES CROSSING SANITARY SEWER DISTRICT, OR MILL CITY R.F.P.D. #2-303, OR MILL FOUR DRAINAGE DISTRICT, OR MILLICOMA RIVER PARK & RECREATION DISTRICT, OR MILLINGTON R.F.P.D. #5, OR MILO VOLUNTEER FIRE DEPARTMENT, OR MILTON-FREEWATER AMBULANCE SERVICE AREA HEALTH DISTRICT, OR MILTON-FREEWATER WATER CONTROL DISTRICT, OR MIROCO SPECIAL ROAD DISTRICT, OR MIST-BIRKENFELD R.F.P.D., OR MODOC POINT IRRIGATION DISTRICT, OR MODOC POINT SANITARY DISTRICT, OR MOHAWK VALLEY R.F.P.D., OR MOLALLA AQUATIC DISTRICT, OR MOLALLA R.F.P.D. #73, OR MONITOR R.F.P.D., OR MONROE R.F.P.D., OR MONUMENT CEMETERY MAINTENANCE DISTRICT, OR MONUMENT S.W.C.D., OR MOOREA DRIVE SPECIAL ROAD DISTRICT, OR MORO R.F.P.D., OR MORROW COUNTY HEALTH DISTRICT, OR MORROW COUNTY UNIFIED RECREATION DISTRICT, OR MORROW S.W.C.D., OR MOSIER FIRE DISTRICT, OR MOUNTAIN DRIVE SPECIAL ROAD DISTRICT, OR MT. ANGEL R.F.P.D., OR MT. HOOD IRRIGATION DISTRICT, OR MT. LAKI CEMETERY DISTRICT, OR MT. VERNON R.F.P.D., OR MULINO WATER DISTRICT #1, OR MULTNOMAH COUNTY DRAINAGE DISTRICT #1, OR MULTNOMAH COUNTY R.F.P.D. #10, OR MULTNOMAH COUNTY R.F.P.D. #14, OR MULTNOMAH EDUCATION SERVICE DISTRICT MYRTLE CREEK R.F.P.D., OR NEAH-KAH-NIE WATER DISTRICT, OR NEDONNA R.F.P.D., OR NEHALEM BAY FIRE AND RESCUE, OR NEHALEM BAY HEALTH DISTRICT, OR NEHALEM BAY WASTEWATER AGENCY, OR NESIKA BEACH-OPHIR WATER DISTRICT, OR NESKOWIN REGIONAL SANITARY AUTHORITY, OR NESKOWIN REGIONAL WATER DISTRICT, OR NESTUCCA R.F.P.D., OR NETARTS WATER DISTRICT, OR NETARTS-OCEANSIDE R.F.P.D., OR NETARTS-OCEANSIDE SANITARY DISTRICT, OR NEW BRIDGE WATER SUPPLY DISTRICT, OR NEW CARLTON FIRE DISTRICT, OR NEW ORLEANS REDEVELOPMENT AUTHORITY, LA NEW PINE CREEK R.F.P.D., OR NEWBERG R.F.P.D., OR NEWBERRY ESTATES SPECIAL ROAD DISTRICT, OR NEWPORT R.F.P.D., OR NEWT YOUNG DITCH DISTRICT IMPROVEMENT COMPANY, OR NORTH ALBANY R.F.P.D., OR NORTH BAY R.F.P.D. #9, OR NORTH CLACKAMAS PARKS & RECREATION DISTRICT, OR NORTH COUNTY RECREATION DISTRICT, OR Requirements for National Cooperative Contract Page 50 of 55 NORTH DOUGLAS COUNTY FIRE & EMS, OR NORTH DOUGLAS PARK & RECREATION DISTRICT, OR NORTH GILLIAM COUNTY HEALTH DISTRICT, OR NORTH GILLIAM COUNTY R.F.P.D., OR NORTH LAKE HEALTH DISTRICT, OR NORTH LEBANON WATER CONTROL DISTRICT, OR NORTH LINCOLN FIRE & RESCUE DISTRICT #1, OR NORTH LINCOLN HEALTH DISTRICT, OR NORTH MORROW VECTOR CONTROL DISTRICT, OR NORTH SHERMAN COUNTY R.F.P.D, OR NORTH UNIT IRRIGATION DISTRICT, OR NORTHEAST OREGON HOUSING AUTHORITY, OR NORTHEAST WHEELER COUNTY HEALTH DISTRICT, OR NORTHERN WASCO COUNTY P.U.D., OR NORTHERN WASCO COUNTY PARK & RECREATION DISTRICT, OR NYE DITCH USERS DISTRICT IMPROVEMENT, OR NYSSA ROAD ASSESSMENT DISTRICT #2, OR NYSSA RURAL FIRE DISTRICT, OR NYSSA-ARCADIA DRAINAGE DISTRICT, OR OAK LODGE WATER SERVICES, OR OAKLAND R.F.P.D., OR OAKVILLE COMMUNITY CENTER, OR OCEANSIDE WATER DISTRICT, OR OCHOCO IRRIGATION DISTRICT, OR OCHOCO WEST WATER AND SANITARY AUTHORITY, OR ODELL SANITARY DISTRICT, OR OLD OWYHEE DITCH IMPROVEMENT DISTRICT, OR OLNEY-WALLUSKI FIRE & RESCUE DISTRICT, OR ONTARIO LIBRARY DISTRICT, OR ONTARIO R.F.P.D., OR OPHIR R.F.P.D., OR OREGON COAST COMMUNITY ACTION OREGON HOUSING AND COMMUNITY SERVICES OREGON INTERNATIONAL PORT OF COOS BAY, OR OREGON LEGISLATIVE ADMINISTRATION OREGON OUTBACK R.F.P.D., OR OREGON POINT, OR OREGON TRAIL LIBRARY DISTRICT, OR OTTER ROCK WATER DISTRICT, OR OWW UNIT #2 SANITARY DISTRICT, OR OWYHEE CEMETERY MAINTENANCE DISTRICT, OR OWYHEE IRRIGATION DISTRICT, OR PACIFIC CITY JOINT WATER-SANITARY AUTHORITY, OR PACIFIC COMMUNITIES HEALTH DISTRICT, OR PACIFIC RIVIERA #3 SPECIAL ROAD DISTRICT, OR PALATINE HILL WATER DISTRICT, OR PALMER CREEK WATER DISTRICT IMPROVEMENT COMPANY, OR PANORAMIC ACCESS SPECIAL ROAD DISTRICT, OR PANTHER CREEK ROAD DISTRICT, OR PANTHER CREEK WATER DISTRICT, OR PARKDALE R.F.P.D., OR PARKDALE SANITARY DISTRICT, OR PENINSULA DRAINAGE DISTRICT #1, OR PENINSULA DRAINAGE DISTRICT #2, OR PHILOMATH FIRE AND RESCUE, OR PILOT ROCK CEMETERY MAINTENANCE DISTRICT #5, OR PILOT ROCK PARK & RECREATION DISTRICT, OR PILOT ROCK R.F.P.D., OR PINE EAGLE HEALTH DISTRICT, OR PINE FLAT DISTRICT IMPROVEMENT COMPANY, OR PINE GROVE IRRIGATION DISTRICT, OR PINE GROVE WATER DISTRICT-KLAMATH FALLS, OR PINE GROVE WATER DISTRICT-MAUPIN, OR PINE VALLEY CEMETERY DISTRICT, OR PINE VALLEY R.F.P.D., OR PINEWOOD COUNTRY ESTATES SPECIAL ROAD DISTRICT, OR PIONEER DISTRICT IMPROVEMENT COMPANY, OR PISTOL RIVER CEMETERY MAINTENANCE DISTRICT, OR PISTOL RIVER FIRE DISTRICT, OR PLEASANT HILL R.F.P.D., OR PLEASANT HOME WATER DISTRICT, OR POCAHONTAS MINING AND IRRIGATION DISTRICT, OR POE VALLEY IMPROVEMENT DISTRICT, OR POE VALLEY PARK & RECREATION DISTRICT, OR POE VALLEY VECTOR CONTROL DISTRICT, OR POLK COUNTY FIRE DISTRICT #1, OR POLK S.W.C.D., OR POMPADOUR WATER IMPROVEMENT DISTRICT, OR PONDEROSA PINES EAST SPECIAL ROAD DISTRICT, OR PORT OF ALSEA, OR PORT OF ARLINGTON, OR PORT OF ASTORIA, OR PORT OF BANDON, OR PORT OF BRANDON, OR PORT OF BROOKINGS HARBOR, OR PORT OF CASCADE LOCKS, OR PORT OF COQUILLE RIVER, OR PORT OF GARIBALDI, OR PORT OF GOLD BEACH, OR PORT OF HOOD RIVER, OR PORT OF MORGAN CITY, LA PORT OF MORROW, OR PORT OF NEHALEM, OR PORT OF NEWPORT, OR PORT OF PORT ORFORD, OR PORT OF PORTLAND, OR PORT OF SIUSLAW, OR PORT OF ST. HELENS, OR PORT OF THE DALLES, OR PORT OF TILLAMOOK BAY, OR PORT OF TOLEDO, OR PORT OF UMATILLA, OR PORT OF UMPQUA, OR PORT ORFORD CEMETERY MAINTENANCE DISTRICT, OR PORT ORFORD PUBLIC LIBRARY DISTRICT, OR PORT ORFORD R.F.P.D., OR PORTLAND DEVELOPMENT COMMISSION, OR PORTLAND FIRE AND RESCUE PORTLAND HOUSING CENTER, OR POWDER R.F.P.D., OR POWDER RIVER R.F.P.D., OR POWDER VALLEY WATER CONTROL DISTRICT, OR POWERS HEALTH DISTRICT, OR PRAIRIE CEMETERY MAINTENANCE DISTRICT, OR PRINEVILLE LAKE ACRES SPECIAL ROAD DISTRICT #1, OR PROSPECT R.F.P.D., OR Requirements for National Cooperative Contract Page 51 of 55 QUAIL VALLEY PARK IMPROVEMENT DISTRICT, OR QUEENER IRRIGATION IMPROVEMENT DISTRICT, OR RAINBOW WATER DISTRICT, OR RAINIER CEMETERY DISTRICT, OR RAINIER DRAINAGE IMPROVEMENT COMPANY, OR RALEIGH WATER DISTRICT, OR REDMOND AREA PARK & RECREATION DISTRICT, OR REDMOND FIRE AND RESCUE, OR RIDDLE FIRE PROTECTION DISTRICT, OR RIDGEWOOD DISTRICT IMPROVEMENT COMPANY, OR RIDGEWOOD ROAD DISTRICT, OR RIETH SANITARY DISTRICT, OR RIETH WATER DISTRICT, OR RIMROCK WEST IMPROVEMENT DISTRICT, OR RINK CREEK WATER DISTRICT, OR RIVER BEND ESTATES SPECIAL ROAD DISTRICT, OR RIVER FOREST ACRES SPECIAL ROAD DISTRICT, OR RIVER MEADOWS IMPROVEMENT DISTRICT, OR RIVER PINES ESTATES SPECIAL ROAD DISTRICT, OR RIVER ROAD PARK & RECREATION DISTRICT, OR RIVER ROAD WATER DISTRICT, OR RIVERBEND RIVERBANK WATER IMPROVEMENT DISTRICT, OR RIVERDALE R.F.P.D. 11-JT, OR RIVERGROVE WATER DISTRICT, OR RIVERSIDE MISSION WATER CONTROL DISTRICT, OR RIVERSIDE R.F.P.D. #7-406, OR RIVERSIDE WATER DISTRICT, OR ROBERTS CREEK WATER DISTRICT, OR ROCK CREEK DISTRICT IMPROVEMENT, OR ROCK CREEK WATER DISTRICT, OR ROCKWOOD WATER P.U.D., OR ROCKY POINT FIRE & EMS, OR ROGUE RIVER R.F.P.D., OR ROGUE RIVER VALLEY IRRIGATION DISTRICT, OR ROGUE VALLEY SEWER SERVICES, OR ROGUE VALLEY SEWER, OR ROGUE VALLEY TRANSPORTATION DISTRICT, OR ROSEBURG URBAN SANITARY AUTHORITY, OR ROSEWOOD ESTATES ROAD DISTRICT, OR ROW RIVER VALLEY WATER DISTRICT, OR RURAL ROAD ASSESSMENT DISTRICT #3, OR RURAL ROAD ASSESSMENT DISTRICT #4, OR SAINT LANDRY PARISH TOURIST COMMISSION SAINT MARY PARISH REC DISTRICT 2 SAINT MARY PARISH REC DISTRICT 3 SAINT TAMMANY FIRE DISTRICT 4, LA SALEM AREA MASS TRANSIT DISTRICT, OR SALEM MASS TRANSIT DISTRICT SALEM SUBURBAN R.F.P.D., OR SALISHAN SANITARY DISTRICT, OR SALMON RIVER PARK SPECIAL ROAD DISTRICT, OR SALMON RIVER PARK WATER IMPROVEMENT DISTRICT, OR SALMONBERRY TRAIL INTERGOVERNMENTAL AGENCY, OR SANDPIPER VILLAGE SPECIAL ROAD DISTRICT, OR SANDY DRAINAGE IMPROVEMENT COMPANY, OR SANDY R.F.P.D. #72, OR SANTA CLARA R.F.P.D., OR SANTA CLARA WATER DISTRICT, OR SANTIAM WATER CONTROL DISTRICT, OR SAUVIE ISLAND DRAINAGE IMPROVEMENT COMPANY, OR SAUVIE ISLAND VOLUNTEER FIRE DISTRICT #30J, OR SCAPPOOSE DRAINAGE IMPROVEMENT COMPANY, OR SCAPPOOSE PUBLIC LIBRARY DISTRICT, OR SCAPPOOSE R.F.P.D., OR SCIO R.F.P.D., OR SCOTTSBURG R.F.P.D., OR SEAL ROCK R.F.P.D., OR SEAL ROCK WATER DISTRICT, OR SEWERAGE AND WATER BOARD OF NEW ORLEANS, LA SHANGRI-LA WATER DISTRICT, OR SHASTA VIEW IRRIGATION DISTRICT, OR SHELLEY ROAD CREST ACRES WATER DISTRICT, OR SHERIDAN FIRE DISTRICT, OR SHERMAN COUNTY HEALTH DISTRICT, OR SHERMAN COUNTY S.W.C.D., OR SHORELINE SANITARY DISTRICT, OR SILETZ KEYS SANITARY DISTRICT, OR SILETZ R.F.P.D., OR SILVER FALLS LIBRARY DISTRICT, OR SILVER LAKE IRRIGATION DISTRICT, OR SILVER LAKE R.F.P.D., OR SILVER SANDS SPECIAL ROAD DISTRICT, OR SILVERTON R.F.P.D. NO. 2, OR SISTERS PARKS & RECREATION DISTRICT, OR SISTERS-CAMP SHERMAN R.F.P.D., OR SIUSLAW PUBLIC LIBRARY DISTRICT, OR SIUSLAW S.W.C.D., OR SIUSLAW VALLEY FIRE AND RESCUE, OR SIXES R.F.P.D., OR SKIPANON WATER CONTROL DISTRICT, OR SKYLINE VIEW DISTRICT IMPROVEMENT COMPANY, OR SLEEPY HOLLOW WATER DISTRICT, OR SMITH DITCH DISTRICT IMPROVEMENT COMPANY, OR SOUTH CLACKAMAS TRANSPORTATION DISTRICT, OR SOUTH COUNTY HEALTH DISTRICT, OR SOUTH FORK WATER BOARD, OR SOUTH GILLIAM COUNTY CEMETERY DISTRICT, OR SOUTH GILLIAM COUNTY HEALTH DISTRICT, OR SOUTH GILLIAM COUNTY R.F.P.D. VI-301, OR SOUTH LAFOURCHE LEVEE DISTRICT, LA SOUTH LANE COUNTY FIRE & RESCUE, OR SOUTH SANTIAM RIVER WATER CONTROL DISTRICT, OR SOUTH SHERMAN FIRE DISTRICT, OR SOUTH SUBURBAN SANITARY DISTRICT, OR SOUTH WASCO PARK & RECREATION DISTRICT, OR SOUTHERN COOS HEALTH DISTRICT, OR SOUTHERN CURRY CEMETERY MAINTENANCE DISTRICT, OR SOUTHVIEW IMPROVEMENT DISTRICT, OR SOUTHWEST LINCOLN COUNTY WATER DISTRICT, OR SOUTHWESTERN POLK COUNTY R.F.P.D., OR SOUTHWOOD PARK WATER DISTRICT, OR SPECIAL ROAD DISTRICT #1, OR Requirements for National Cooperative Contract Page 52 of 55 SPECIAL ROAD DISTRICT #8, OR SPRING RIVER SPECIAL ROAD DISTRICT, OR SPRINGFIELD UTILITY BOARD, OR ST. PAUL R.F.P.D., OR STANFIELD CEMETERY DISTRICT #6, OR STANFIELD IRRIGATION DISTRICT, OR STARR CREEK ROAD DISTRICT, OR STARWOOD SANITARY DISTRICT, OR STAYTON FIRE DISTRICT, OR SUBLIMITY FIRE DISTRICT, OR SUBURBAN EAST SALEM WATER DISTRICT, OR SUBURBAN LIGHTING DISTRICT, OR SUCCOR CREEK DISTRICT IMPROVEMENT COMPANY, OR SUMMER LAKE IRRIGATION DISTRICT, OR SUMMERVILLE CEMETERY MAINTENANCE DISTRICT, OR SUMNER R.F.P.D., OR SUN MOUNTAIN SPECIAL ROAD DISTRICT, OR SUNDOWN SANITATION DISTRICT, OR SUNFOREST ESTATES SPECIAL ROAD DISTRICT, OR SUNNYSIDE IRRIGATION DISTRICT, OR SUNRISE WATER AUTHORITY, OR SUNRIVER SERVICE DISTRICT, OR SUNSET EMPIRE PARK & RECREATION DISTRICT, OR SUNSET EMPIRE TRANSPORTATION DISTRICT, OR SURFLAND ROAD DISTRICT, OR SUTHERLIN VALLEY RECREATION DISTRICT, OR SUTHERLIN WATER CONTROL DISTRICT, OR SWALLEY IRRIGATION DISTRICT, OR SWEET HOME CEMETERY MAINTENANCE DISTRICT, OR SWEET HOME FIRE & AMBULANCE DISTRICT, OR SWISSHOME-DEADWOOD R.F.P.D., OR TABLE ROCK DISTRICT IMPROVEMENT COMPANY, OR TALENT IRRIGATION DISTRICT, OR TANGENT R.F.P.D., OR TENMILE R.F.P.D., OR TERREBONNE DOMESTIC WATER DISTRICT, OR THE DALLES IRRIGATION DISTRICT, OR THOMAS CREEK-WESTSIDE R.F.P.D., OR THREE RIVERS RANCH ROAD DISTRICT, OR THREE SISTERS IRRIGATION DISTRICT, OR TIGARD TUALATIN AQUATIC DISTRICT, OR TIGARD WATER DISTRICT, OR TILLAMOOK BAY FLOOD IMPROVEMENT DISTRICT, OR TILLAMOOK COUNTY EMERGENCY COMMUNICATIONS DISTRICT, OR TILLAMOOK COUNTY S.W.C.D., OR TILLAMOOK COUNTY TRANSPORTATION DISTRICT, OR TILLAMOOK FIRE DISTRICT, OR TILLAMOOK P.U.D., OR TILLER R.F.P.D., OR TOBIN DITCH DISTRICT IMPROVEMENT COMPANY, OR TOLEDO R.F.P.D., OR TONE WATER DISTRICT, OR TOOLEY WATER DISTRICT, OR TRASK DRAINAGE DISTRICT, OR TRI CITY R.F.P.D. #4, OR TRI-CITY WATER & SANITARY AUTHORITY, OR TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON TRIMET, OR TUALATIN HILLS PARK & RECREATION DISTRICT TUALATIN HILLS PARK & RECREATION DISTRICT, OR TUALATIN S.W.C.D., OR TUALATIN VALLEY FIRE & RESCUE TUALATIN VALLEY FIRE & RESCUE, OR TUALATIN VALLEY IRRIGATION DISTRICT, OR TUALATIN VALLEY WATER DISTRICT TUALATIN VALLEY WATER DISTRICT, OR TUMALO IRRIGATION DISTRICT, OR TURNER FIRE DISTRICT, OR TWIN ROCKS SANITARY DISTRICT, OR TWO RIVERS NORTH SPECIAL ROAD DISTRICT, OR TWO RIVERS S.W.C.D., OR TWO RIVERS SPECIAL ROAD DISTRICT, OR TYGH VALLEY R.F.P.D., OR TYGH VALLEY WATER DISTRICT, OR UMATILLA COUNTY FIRE DISTRICT #1, OR UMATILLA COUNTY S.W.C.D., OR UMATILLA COUNTY SPECIAL LIBRARY DISTRICT, OR UMATILLA HOSPITAL DISTRICT, OR UMATILLA R.F.P.D. #7-405, OR UMATILLA-MORROW RADIO AND DATA DISTRICT, OR UMPQUA S.W.C.D., OR UNION CEMETERY MAINTENANCE DISTRICT, OR UNION COUNTY SOLID WASTE DISPOSAL DISTRICT, OR UNION COUNTY VECTOR CONTROL DISTRICT, OR UNION GAP SANITARY DISTRICT, OR UNION GAP WATER DISTRICT, OR UNION HEALTH DISTRICT, OR UNION R.F.P.D., OR UNION S.W.C.D., OR UNITY COMMUNITY PARK & RECREATION DISTRICT, OR UPPER CLEVELAND RAPIDS ROAD DISTRICT, OR UPPER MCKENZIE R.F.P.D., OR UPPER WILLAMETTE S.W.C.D., OR VALE OREGON IRRIGATION DISTRICT, OR VALE RURAL FIRE PROTECTION DISTRICT, OR VALLEY ACRES SPECIAL ROAD DISTRICT, OR VALLEY VIEW CEMETERY MAINTENANCE DISTRICT, OR VALLEY VIEW WATER DISTRICT, OR VANDEVERT ACRES SPECIAL ROAD DISTRICT, OR VERNONIA R.F.P.D., OR VINEYARD MOUNTAIN PARK & RECREATION DISTRICT, OR VINEYARD MOUNTAIN SPECIAL ROAD DISTRICT, OR WALLA WALLA RIVER IRRIGATION DISTRICT, OR WALLOWA COUNTY HEALTH CARE DISTRICT, OR WALLOWA LAKE COUNTY SERVICE DISTRICT, OR WALLOWA LAKE IRRIGATION DISTRICT, OR WALLOWA LAKE R.F.P.D., OR WALLOWA S.W.C.D., OR WALLOWA VALLEY IMPROVEMENT DISTRICT #1, OR WAMIC R.F.P.D., OR WAMIC WATER & SANITARY AUTHORITY, OR Requirements for National Cooperative Contract Page 53 of 55 WARMSPRINGS IRRIGATION DISTRICT, OR WASCO COUNTY S.W.C.D., OR WATER ENVIRONMENT SERVICES, OR WATER WONDERLAND IMPROVEMENT DISTRICT, OR WATERBURY & ALLEN DITCH IMPROVEMENT DISTRICT, OR WATSECO-BARVIEW WATER DISTRICT, OR WAUNA WATER DISTRICT, OR WEDDERBURN SANITARY DISTRICT, OR WEST EAGLE VALLEY WATER CONTROL DISTRICT, OR WEST EXTENSION IRRIGATION DISTRICT, OR WEST LABISH DRAINAGE & WATER CONTROL IMPROVEMENT DISTRICT, OR WEST MULTNOMAH S.W.C.D., OR WEST SIDE R.F.P.D., OR WEST SLOPE WATER DISTRICT, OR WEST UMATILLA MOSQUITO CONTROL DISTRICT, OR WEST VALLEY FIRE DISTRICT, OR WESTERN HEIGHTS SPECIAL ROAD DISTRICT, OR WESTERN LANE AMBULANCE DISTRICT, OR WESTLAND IRRIGATION DISTRICT, OR WESTON ATHENA MEMORIAL HALL PARK & RECREATION DISTRICT, OR WESTON CEMETERY DISTRICT #2, OR WESTPORT FIRE AND RESCUE, OR WESTRIDGE WATER SUPPLY CORPORATION, OR WESTWOOD HILLS ROAD DISTRICT, OR WESTWOOD VILLAGE ROAD DISTRICT, OR WHEELER S.W.C.D., OR WHITE RIVER HEALTH DISTRICT, OR WIARD MEMORIAL PARK DISTRICT, OR WICKIUP WATER DISTRICT, OR WILLAKENZIE R.F.P.D., OR WILLAMALANE PARK & RECREATION DISTRICT, OR WILLAMALANE PARK AND RECREATION DISTRICT WILLAMETTE HUMANE SOCIETY WILLAMETTE RIVER WATER COALITION, OR WILLIAMS R.F.P.D., OR WILLOW CREEK PARK DISTRICT, OR WILLOW DALE WATER DISTRICT, OR WILSON RIVER WATER DISTRICT, OR WINCHESTER BAY R.F.P.D., OR WINCHESTER BAY SANITARY DISTRICT, OR WINCHUCK R.F.P.D., OR WINSTON-DILLARD R.F.P.D., OR WINSTON-DILLARD WATER DISTRICT, OR WOLF CREEK R.F.P.D., OR WOOD RIVER DISTRICT IMPROVEMENT COMPANY, OR WOODBURN R.F.P.D. NO. 6, OR WOODLAND PARK SPECIAL ROAD DISTRICT, OR WOODS ROAD DISTRICT, OR WRIGHT CREEK ROAD WATER IMPROVEMENT DISTRICT, OR WY'EAST FIRE DISTRICT, OR YACHATS R.F.P.D., OR YAMHILL COUNTY TRANSIT AREA, OR YAMHILL FIRE PROTECTION DISTRICT, OR YAMHILL SWCD, OR YONCALLA PARK & RECREATION DISTRICT, OR YOUNGS RIVER-LEWIS & CLARK WATER DISTRICT, OR ZUMWALT R.F.P.D., OR K-12 INCLUDING BUT NOT LIMITED TO: ACADIA PARISH SCHOOL BOARD BEAVERTON SCHOOL DISTRICT BEND-LA PINE SCHOOL DISTRICT BOGALUSA HIGH SCHOOL, LA BOSSIER PARISH SCHOOL BOARD BROOKING HARBOR SCHOOL DISTRICT CADDO PARISH SCHOOL DISTRICT CALCASIEU PARISH SCHOOL DISTRICT CANBY SCHOOL DISTRICT CANYONVILLE CHRISTIAN ACADEMY CASCADE SCHOOL DISTRICT CASCADES ACADEMY OF CENTRAL OREGON CENTENNIAL SCHOOL DISTRICT CENTRAL CATHOLIC HIGH SCHOOL CENTRAL POINT SCHOOL DISTRICT NO.6 CENTRAL SCHOOL DISTRICT 13J COOS BAY SCHOOL DISTRICT NO.9 CORVALLIS SCHOOL DISTRICT 509J COUNTY OF YAMHILL SCHOOL DISTRICT 29 CULVER SCHOOL DISTRICT DALLAS SCHOOL DISTRICT NO.2 DAVID DOUGLAS SCHOOL DISTRICT DAYTON SCHOOL DISTRICT NO.8 DE LA SALLE N CATHOLIC HS DESCHUTES COUNTY SCHOOL DISTRICT NO.6 DOUGLAS EDUCATIONAL DISTRICT SERVICE DUFUR SCHOOL DISTRICT NO.29 EAST BATON ROUGE PARISH SCHOOL DISTRICT ESTACADA SCHOOL DISTRICT NO.10B FOREST GROVE SCHOOL DISTRICT GEORGE MIDDLE SCHOOL GLADSTONE SCHOOL DISTRICT GRANTS PASS SCHOOL DISTRICT 7 GREATER ALBANY PUBLIC SCHOOL DISTRICT GRESHAM BARLOW JOINT SCHOOL DISTRICT HEAD START OF LANE COUNTY HIGH DESERT EDUCATION SERVICE DISTRICT HILLSBORO SCHOOL DISTRICT HOOD RIVER COUNTY SCHOOL DISTRICT JACKSON CO SCHOOL DIST NO.9 JEFFERSON COUNTY SCHOOL DISTRICT 509-J JEFFERSON PARISH SCHOOL DISTRICT JEFFERSON SCHOOL DISTRICT JUNCTION CITY SCHOOLS, OR KLAMATH COUNTY SCHOOL DISTRICT KLAMATH FALLS CITY SCHOOLS LAFAYETTE PARISH SCHOOL DISTRICT LAKE OSWEGO SCHOOL DISTRICT 7J LANE COUNTY SCHOOL DISTRICT 4J LINCOLN COUNTY SCHOOL DISTRICT LINN CO. SCHOOL DIST. 95C LIVINGSTON PARISH SCHOOL DISTRICT LOST RIVER JR/SR HIGH SCHOOL LOWELL SCHOOL DISTRICT NO.71 MARION COUNTY SCHOOL DISTRICT MARION COUNTY SCHOOL DISTRICT 103 MARIST HIGH SCHOOL, OR MCMINNVILLE SCHOOL DISTRICT NOAO MEDFORD SCHOOL DISTRICT 549C MITCH CHARTER SCHOOL MONROE SCHOOL DISTRICT NO.1J Requirements for National Cooperative Contract Page 54 of 55 MORROW COUNTY SCHOOL DIST, OR MULTNOMAH EDUCATION SERVICE DISTRICT MULTISENSORY LEARNING ACADEMY MYRTLE PINT SCHOOL DISTRICT 41 NEAH-KAH-NIE DISTRICT NO.56 NEWBERG PUBLIC SCHOOLS NESTUCCA VALLEY SCHOOL DISTRICT NO.101 NOBEL LEARNING COMMUNITIES NORTH BEND SCHOOL DISTRICT 13 NORTH CLACKAMAS SCHOOL DISTRICT NORTH DOUGLAS SCHOOL DISTRICT NORTH WASCO CITY SCHOOL DISTRICT 21 NORTHWEST REGIONAL EDUCATION SERVICE DISTRICT ONTARIO MIDDLE SCHOOL OREGON TRAIL SCHOOL DISTRICT NOA6 ORLEANS PARISH SCHOOL DISTRICT PHOENIX-TALENT SCHOOL DISTRICT NOA PLEASANT HILL SCHOOL DISTRICT PORTLAND JEWISH ACADEMY PORTLAND PUBLIC SCHOOLS RAPIDES PARISH SCHOOL DISTRICT REDMOND SCHOOL DISTRICT REYNOLDS SCHOOL DISTRICT ROGUE RIVER SCHOOL DISTRICT ROSEBURG PUBLIC SCHOOLS SCAPPOOSE SCHOOL DISTRICT 1J SAINT TAMMANY PARISH SCHOOL BOARD, LA SEASIDE SCHOOL DISTRICT 10 SHERWOOD SCHOOL DISTRICT 88J SILVER FALLS SCHOOL DISTRICT 4J SOUTH LANE SCHOOL DISTRICT 45J3 SOUTHERN OREGON EDUCATION SERVICE DISTRICT SPRINGFIELD PUBLIC SCHOOLS SUTHERLIN SCHOOL DISTRICT SWEET HOME SCHOOL DISTRICT NO.55 TERREBONNE PARISH SCHOOL DISTRICT THE CATLIN GABEL SCHOOL TIGARD-TUALATIN SCHOOL DISTRICT UMATILLA MORROW ESD WEST LINN WILSONVILLE SCHOOL DISTRICT WILLAMETTE EDUCATION SERVICE DISTRICT WOODBURN SCHOOL DISTRICT YONCALLA SCHOOL DISTRICT ACADEMY FOR MATH ENGINEERING & SCIENCE (AMES), UT ALIANZA ACADEMY, UT ALPINE DISTRICT, UT AMERICAN LEADERSHIP ACADEMY, UT AMERICAN PREPARATORY ACADEMY, UT BAER CANYON HIGH SCHOOL FOR SPORTS & MEDICAL SCIENCES, UT BEAR RIVER CHARTER SCHOOL, UT BEAVER SCHOOL DISTRICT, UT BEEHIVE SCIENCE & TECHNOLOGY ACADEMY (BSTA) , UT BOX ELDER SCHOOL DISTRICT, UT CBA CENTER, UT CACHE SCHOOL DISTRICT, UT CANYON RIM ACADEMY, UT CANYONS DISTRICT, UT CARBON SCHOOL DISTRICT, UT CHANNING HALL, UT CHARTER SCHOOL LEWIS ACADEMY, UT CITY ACADEMY, UT DAGGETT SCHOOL DISTRICT, UT DAVINCI ACADEMY, UT DAVIS DISTRICT, UT DUAL IMMERSION ACADEMY, UT DUCHESNE SCHOOL DISTRICT, UT EARLY LIGHT ACADEMY AT DAYBREAK, UT EAST HOLLYWOOD HIGH, UT EDITH BOWEN LABORATORY SCHOOL, UT EMERSON ALCOTT ACADEMY, UT EMERY SCHOOL DISTRICT, UT ENTHEOS ACADEMY, UT EXCELSIOR ACADEMY, UT FAST FORWARD HIGH, UT FREEDOM ACADEMY, UT GARFIELD SCHOOL DISTRICT, UT GATEWAY PREPARATORY ACADEMY, UT GEORGE WASHINGTON ACADEMY, UT GOOD FOUNDATION ACADEMY, UT GRAND SCHOOL DISTRICT, UT GRANITE DISTRICT, UT GUADALUPE SCHOOL, UT HAWTHORN ACADEMY, UT INTECH COLLEGIATE HIGH SCHOOL, UT IRON SCHOOL DISTRICT, UT ITINERIS EARLY COLLEGE HIGH, UT JOHN HANCOCK CHARTER SCHOOL, UT JORDAN DISTRICT, UT JUAB SCHOOL DISTRICT, UT KANE SCHOOL DISTRICT, UT KARL G MAESER PREPARATORY ACADEMY, UT LAKEVIEW ACADEMY, UT LEGACY PREPARATORY ACADEMY, UT LIBERTY ACADEMY, UT LINCOLN ACADEMY, UT LOGAN SCHOOL DISTRICT, UT MARIA MONTESSORI ACADEMY, UT MERIT COLLEGE PREPARATORY ACADEMY, UT MILLARD SCHOOL DISTRICT, UT MOAB CHARTER SCHOOL, UT MONTICELLO ACADEMY, UT MORGAN SCHOOL DISTRICT, UT MOUNTAINVILLE ACADEMY, UT MURRAY SCHOOL DISTRICT, UT NAVIGATOR POINTE ACADEMY, UT NEBO SCHOOL DISTRICT, UT NO UT ACAD FOR MATH ENGINEERING & SCIENCE (NUAMES), UT NOAH WEBSTER ACADEMY, UT NORTH DAVIS PREPARATORY ACADEMY, UT NORTH SANPETE SCHOOL DISTRICT, UT NORTH STAR ACADEMY, UT NORTH SUMMIT SCHOOL DISTRICT, UT ODYSSEY CHARTER SCHOOL, UT OGDEN PREPARATORY ACADEMY, UT OGDEN SCHOOL DISTRICT, UT OPEN CLASSROOM, UT OPEN HIGH SCHOOL OF UTAH, UT OQUIRRH MOUNTAIN CHARTER SCHOOL, UT PARADIGM HIGH SCHOOL, UT PARK CITY SCHOOL DISTRICT, UT PINNACLE CANYON ACADEMY, UT PIUTE SCHOOL DISTRICT, UT PROVIDENCE HALL, UT PROVO SCHOOL DISTRICT, UT Requirements for National Cooperative Contract Page 55 of 55 QUAIL RUN PRIMARY SCHOOL, UT QUEST ACADEMY, UT RANCHES ACADEMY, UT REAGAN ACADEMY, UT RENAISSANCE ACADEMY, UT RICH SCHOOL DISTRICT, UT ROCKWELL CHARTER HIGH SCHOOL, UT SALT LAKE ARTS ACADEMY, UT SALT LAKE CENTER FOR SCIENCE EDUCATION, UT SALT LAKE SCHOOL DISTRICT, UT SALT LAKE SCHOOL FOR THE PERFORMING ARTS, UT SAN JUAN SCHOOL DISTRICT, UT SEVIER SCHOOL DISTRICT, UT SOLDIER HOLLOW CHARTER SCHOOL, UT SOUTH SANPETE SCHOOL DISTRICT, UT SOUTH SUMMIT SCHOOL DISTRICT, UT SPECTRUM ACADEMY, UT SUCCESS ACADEMY, UT SUCCESS SCHOOL, UT SUMMIT ACADEMY, UT SUMMIT ACADEMY HIGH SCHOOL, UT SYRACUSE ARTS ACADEMY, UT THOMAS EDISON - NORTH, UT TIMPANOGOS ACADEMY, UT TINTIC SCHOOL DISTRICT, UT TOOELE SCHOOL DISTRICT, UT TUACAHN HIGH SCHOOL FOR THE PERFORMING ARTS, UT UINTAH RIVER HIGH, UT UINTAH SCHOOL DISTRICT, UT UTAH CONNECTIONS ACADEMY, UT UTAH COUNTY ACADEMY OF SCIENCE, UT UTAH ELECTRONIC HIGH SCHOOL, UT UTAH SCHOOLS FOR DEAF & BLIND, UT UTAH STATE OFFICE OF EDUCATION, UT UTAH VIRTUAL ACADEMY, UT VENTURE ACADEMY, UT VISTA AT ENTRADA SCHOOL OF PERFORMING ARTS AND TECHNOLOGY, UT WALDEN SCHOOL OF LIBERAL ARTS, UT WASATCH PEAK ACADEMY, UT WASATCH SCHOOL DISTRICT, UT WASHINGTON SCHOOL DISTRICT, UT WAYNE SCHOOL DISTRICT, UT WEBER SCHOOL DISTRICT, UT WEILENMANN SCHOOL OF DISCOVERY, UT HIGHER EDUCATION ARGOSY UNIVERSITY BATON ROUGE COMMUNITY COLLEGE, LA BIRTHINGWAY COLLEGE OF MIDWIFERY BLUE MOUNTAIN COMMUNITY COLLEGE BRIGHAM YOUNG UNIVERSITY - HAWAII CENTRAL OREGON COMMUNITY COLLEGE CENTENARY COLLEGE OF LOUISIANA CHEMEKETA COMMUNITY COLLEGE CLACKAMAS COMMUNITY COLLEGE COLLEGE OF THE MARSHALL ISLANDS COLUMBIA GORGE COMMUNITY COLLEGE CONCORDIA UNIVERSITY GEORGE FOX UNIVERSITY KLAMATH COMMUNITY COLLEGE DISTRICT LANE COMMUNITY COLLEGE LEWIS AND CLARK COLLEGE LINFIELD COLLEGE LINN-BENTON COMMUNITY COLLEGE LOUISIANA COLLEGE, LA LOUISIANA STATE UNIVERSITY LOUISIANA STATE UNIVERSITY HEALTH SERVICES MARYLHURST UNIVERSITY MT. HOOD COMMUNITY COLLEGE MULTNOMAH BIBLE COLLEGE NATIONAL COLLEGE OF NATURAL MEDICINE NORTHWEST CHRISTIAN COLLEGE OREGON HEALTH AND SCIENCE UNIVERSITY OREGON INSTITUTE OF TECHNOLOGY OREGON STATE UNIVERSITY OREGON UNIVERSITY SYSTEM PACIFIC UNIVERSITY PIONEER PACIFIC COLLEGE PORTLAND COMMUNITY COLLEGE PORTLAND STATE UNIVERSITY REED COLLEGE RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII ROGUE COMMUNITY COLLEGE SOUTHEASTERN LOUISIANA UNIVERSITY SOUTHERN OREGON UNIVERSITY (OREGON UNIVERSITY SYSTEM) SOUTHWESTERN OREGON COMMUNITY COLLEGE TULANE UNIVERSITY TILLAMOOK BAY COMMUNITY COLLEGE UMPQUA COMMUNITY COLLEGE UNIVERSITY OF HAWAII BOARD OF REGENTS UNIVERSITY OF HAWAII-HONOLULU COMMUNITY COLLEGE UNIVERSITY OF OREGON-GRADUATE SCHOOL UNIVERSITY OF PORTLAND UNIVERSITY OF NEW ORLEANS WESTERN OREGON UNIVERSITY WESTERN STATES CHIROPRACTIC COLLEGE WILLAMETTE UNIVERSITY XAVIER UNIVERSITY UTAH SYSTEM OF HIGHER EDUCATION, UT UNIVERSITY OF UTAH, UT UTAH STATE UNIVERSITY, UT WEBER STATE UNIVERSITY, UT SOUTHERN UTAH UNIVERSITY, UT SNOW COLLEGE, UT DIXIE STATE COLLEGE, UT COLLEGE OF EASTERN UTAH, UT UTAH VALLEY UNIVERSITY, UT SALT LAKE COMMUNITY COLLEGE, UT UTAH COLLEGE OF APPLIED TECHNOLOGY, UT STATE AGENCIES ADMIN. SERVICES OFFICE BOARD OF MEDICAL EXAMINERS HAWAII CHILD SUPPORT ENFORCEMENT AGENCY HAWAII DEPARTMENT OF TRANSPORTATION HAWAII HEALTH SYSTEMS CORPORATION OFFICE OF MEDICAL ASSISTANCE PROGRAMS OFFICE OF THE STATE TREASURER OREGON BOARD OF ARCHITECTS OREGON CHILD DEVELOPMENT COALITION OREGON DEPARTMENT OF EDUCATION OREGON DEPARTMENT OF FORESTRY OREGON DEPT OF TRANSPORTATION OREGON DEPT. OF EDUCATION Requirements for National Cooperative Contract Page 56 of 55 OREGON LOTTERY OREGON OFFICE OF ENERGY OREGON STATE BOARD OF NURSING OREGON STATE DEPT OF CORRECTIONS OREGON STATE POLICE OREGON TOURISM COMMISSION OREGON TRAVEL INFORMATION COUNCIL SANTIAM CANYON COMMUNICATION CENTER SEIU LOCAL 503, OPEU SOH- JUDICIARY CONTRACTS AND PURCH STATE DEPARTMENT OF DEFENSE, STATE OF HAWAII STATE OF HAWAII STATE OF HAWAII, DEPT. OF EDUCATION STATE OF LOUISIANA STATE OF LOUISIANA DEPT. OF EDUCATION STATE OF LOUISIANA, 26TH JUDICIAL DISTRICT ATTORNEY STATE OF UTAH State of Utah Online Marketplace RFP CDW Government LLC Page 99 of 100 February 12, 2020 Appendix State of Utah Online Marketplace RFP CDW Government LLC Page 100 of 100 February 12, 2020 Administrative Fee Considerations We wish to further clarify our proposed alternative Administration Fee of 1.5%. Considering the marketplace where other SLED cooperatives fees range from less than 1% up to 2%, we believe that a 3% Administration Fee dejects our competitive position and potential to grow. We believe it prudent to propose the contract fee at a 1.5% to maintain our competitiveness as a solution provider and the competitiveness of OMNIA nationwide. We reserve the right to amend our price offering to accommodate the negotiated and mutually agreed upon Administration Fee. ATTACHMENT D – PROJECT CAPABILITY SUBMITTAL CHECKLIST AND FORMAT The Offeror must complete and submit this checklist along with the Project Capability (PC) Submittal. This PC Submittal Checklist is not counted in the 6-page PC Submittal limit. Failing to answer or answering “No” to any of the questions below may result in disqualification. Offerors may delete the example on attachments D1, D2, and D3 in order to meet the 2 page maximum requirement. The templates in attachments D1, D2, and D3 MUST be used. Do NOT include any identifying information in the attachment D1, D2, and D3. Information listed under the “Documented Performance” line in attachment D1, D2, and D3 may describe where the Offeror has used the approach or solution previously, and what the results were in terms of verifiable metrics. Offerors may delete the example and this paragraph when completing this document. Example of response to Attachment D1, D2, and D3 can be found in the Examples Template found in the Buyer Attachment Section of this solicitation. 1. Is your PC Submittal (attachments D1, D2, & D3) a total of 6 pages or less (2 pages maximum per document)? ☒ Yes ☐ No 2. Do you understand that your PC Submittal will NOT contain your firm’s name, specific names of past projects, or information that may be used to identify who your firm is, including employees’ names? ☒ Yes ☐ No 3. Do you understand that you have to use the PC Submittal templates provided in this RFP and that you are NOT allowed to re-create the PC Submittal Templates (cannot alter font size, add colors, add pictures, etc.) or handwrite your responses? ☒ Yes ☐ No 4. Do you understand that your Proposal may be disqualified if you fail to meet any of the above requirements? ☒ Yes ☐ No ATTACHMENT D (1) – LEVEL OF EXPERTISE (LE) Demonstration The Level of Expertise Demonstration should demonstrate the Offeror’s capability to meet the project’s requirements through examples of Offeror’s past performance. The expertise demonstration examples should be prioritized (list the most important examples first) and should demonstrate Offeror’s success on similar projects. The Offeror may add or delete Risk table templates, but do not exceed the 2-page limit for this section. Level of Expertise #1 Example: Our dynamic eCommerce capabilities default to showing the lowest contract prices when multiple contracts are available for use. Additionally, there are no membership fees to utilize our eCommerce portals. Approved pricing is viewable at an item level, with available granular restructure based upon various category and/or manufacturer. Our secure login also features guest purchasing options, and administrators can view an analytics dashboard of all purchases. Documented Performance: In 2019, our sites received over 42 million hits. Our eProcurement portals integrate with over 80 different marketplaces, ERPs, and SRMs, and are used by over 9,000 entities (13,000 customers). Level of Expertise #2 Example: Transactional Capabilities. We own and operate two strategically placed distribution centers – Chicago and North Las Vegas. We ship over 150,000 products daily, performing between 8,000 and 16,000 configurations daily, and imaging around 3,500 devices without scaling up our staff. Documented Performance: For a nationwide delivery of end user hardware for a federal customer, we imaged, configured, and shipped over 465,000 devices within 2 weeks, we prove we can scale up our production by over 100% if the need arises. Additional metrics speaking to transactional capabilities: Process 11,000 POs / day; Turnaround time per PO = 2.2hrs; $700M opportunistic purchases in 2018; 30 inventory turns / yr; 98% Accuracy rate: correct bin & quantity; 150,000 units shipped daily; 39,000 cases shipped daily; 20,000 orders ship daily; Receive ~150,000-units on ~75-trailers each day; Daily inventory received $23M. Level of Expertise #3 Example: Established, Successful Relationship with OMNIA Partners, Public Sector (“OMNIA”). We have 12 years of experience managing OMNIA agreements. Through our contract management capabilities and nationwide SLED sales force, we have successfully expanded contracts and member utilization rates. Documented Performance: We hold three master agreements that have demonstrated significant growth from contract inception through 2019. Specifically, growth rates of 52.1%, 4.55%, and 145.17% accounted for an approximate $137m revenue increase, with a total approximate revenue of $462m. Over 11,500 customers throughout all 50 States placed nearly 82,000 orders through our largest agreement in 2019. Level of Expertise #4 Example: Public Sector Expertise with National Reach Documented Performance: We have 30 yrs of extensive experience in providing solutions to public sector customers across segments (federal, education, state and local). Public sector business comprised 27% of our total annual revenue in 2019. On average, 44,401 SLED accounts procure across 1,475 contracts on an annual basis. Contracts similar to the scope outlined in this solicitation demonstrated 7% year over year growth from 2018 to 2019, with individual Cooperative Contract growth percentages reaching as high as 18%. Additionally, these contracts demonstrated a widespread national presence with transactions occurring in all 50 states. Level of Expertise #5 Example: An Extensive and Responsibly Sourced Catalog We do not procure from gray market vendors and only work directly with manufacturers and their authorized sources. Our supply chain complies with industry standards to support the IT needs of public sector customers. Our catalog contains a vast range of manufacturers, so customers can expect transparency since we do not manufacturer products ourselves. Documented Performance: The Government Industry Data Exchange Program provides a report of counterfeit or suspected counterfeit product weekly. We cross-reference this list with our inventory and sales. To date, none (0%) of the products we’ve carried or sold have been classified as counterfeit. Regarding the breadth of our catalog, customers purchased over 40,000 certified products across 500+ brands through our largest OMNIA Agreement in 2019. ATTACHMENT D (2) – RISK ASSESSMENT (RA) PLAN The Risk Assessment Plan should address the possible risks that the Offeror does NOT control when taking on this project. The descriptions should demonstrate the risks Offeror has encountered in similar projects, the solution to that risk, and the Offeror’s documented performance with its solution including effects on the overall budget and timelines of the project. The risks should be prioritized (list the greatest risks first). The Offeror may add or delete Risk table templates, but do not exceed the 2-page limit for this section. Risk #1 Description: Supply Constraints. There are times a manufacturer of a product or component experiences supply shortages resulting in constraints on product availability causing extended lead times and inability to fulfill purchase orders. Solution: We mitigate risk associated with supply chain constraints by leveraging manufacturer relationships, our warehousing capacity, our product expertise, and our extensive product portfolio. We buy directly from manufacturers or authorized distribution channels, so we are made aware of anticipated constraints. Equipped with this foresight, we work with our OEM partners to stock up on constrained product, as well as comparable replacements. Once we develop a stocking position, we develop a call-to-action for our sellers so they can preemptively inform their customers and take necessary steps to reduce the impact. Documented Performance with Solution to Risk #1: We rolled out a company-wide communication and action plan in response to impending price increases caused by tariffs and OEM CPU shortages. Our sales teams proactively contacted their customers to develop solutions to lessen the impact. For example, our California team collaborated with our internal procurement team to implement a solution to safeguard a K-12 customer. We pre-ordered product that we stored in our warehouse on the customer’s behalf resulting in over $250,000 in savings and immediate product availability. Risk #2 Description: Purchasing from Non-Authorized Parties Brings Significant Risk Solution: We do not procure from gray market vendors since we work directly with manufacturers and their authorized sources to ensure product quality. 99% percent of all hardware, software, and services purchased are procured through pre-vetted, authorized sources. The remaining 1% is driven by customer-specific expedience and in support of small and/or disadvantaged business. These instances are reviewed by purchasing management and one-off approval is requested from manufacturers. Documented Performance with Solution to Risk #2: A K12 school district comprised of 2,500 students discovered that their $450,000 MSRP purchase of switches were procured from an unauthorized source. Cisco denied an extended warranty request. The IT Director contacted the reseller who provided the switches who confirmed that they were refurbished units from an overstock company. The reseller was unable to provide details on product registration, so the customer called us. Our Cisco SMARTnet Team discovered the switches were sourced from a non-certified source with registrations to various Chinese businesses, forcing the customer to purchase a new network. We were able to help the customer to implement an acceptable solution as an authorized Cisco partner by successfully and efficiently sourcing and installing the new switches Risk #3 Description: Unforeseen events such as power failures and natural disasters can cause interruptions to business. Solution: To mitigate the impact to business, we have a complete Business Continuity Program (BCP) for resuming our own business operations. Our program consists of four key components: Emergency Response, Crisis Communication Plan, Disaster Recovery Plan, and Business Continuity plan. The BCP includes an automated emergency communication system (MIR3 Echo) so we can immediately contact team members, customers, and key suppliers simultaneously within minutes of an incident. Our recovery strategies include: drop shipping, redundant IT systems, alternate office space, recovery services, and dual distribution centers. Our program is accessible via the internet giving our Business Continuity Team the ability to activate, maintain, and exercise plans 24/7/365. Documented Performance with Solution to Risk #3: Category 4 Hurricane Harvey hit Houston causing disastrous flooding. As a result, carriers shut down shipping to Houston. Utilizing our immediate communication system we contacted affected customers, developed a recovery plan, and sourced critical IT products through our warehouses and distribution channels. Our local account team then hand-delivered equipment to our customers including the county’s 911 Dispatch and Office of Emergency Management. Our efforts resumed critical operations that delivered services to communities. Risk #4 Description: Click or tap here to enter text. Solution: Click or tap here to enter text. Documented Performance with Solution to Risk #4: Click or tap here to enter text. Risk #5 Description: Click or tap here to enter text. Solution: Click or tap here to enter text. Documented Performance with Solution to Risk #5: Click or tap here to enter text. ATTACHMENT D (3) – VALUE ADDED (VA) ITEMS The Value-Added Items should identify any value-added options or ideas that may benefit the project. The value-added items should be prioritized (identify the most important claims first) and should provide examples of value added options that Offeror has implemented in other similar projects and the documented performance of each value-added item. The Offeror may add or delete Value Added Claim table templates, but do not exceed the 2-page limit for this section. Value Added Item #1: Robust Online Experience How will this add value? In house staff of 200 IT personnel are dedicated solely to our web, internal, and e-commerce systems to ensure that the online marketplace looks and feels the way the State and OMNIA choose. Additionally, there is no membership fee. Documented Performance: For a large university, we provided a punch out catalog, credentials, and baseline customized landing within 48 hours of the fully executed contract, with additional return documentation (such as cXML PO Confirmation, Advance Shipment Notification, etc.) available within 4-6 weeks (time frame dependent customer completing proposed testing). Cost Impact (%): 0 Schedule Impact (%): Click to enter text. Value Added Item #2: Our Nationally Advertised Price, a Dynamic Model to Drive Savings How will this add value? Our Nationally Advertised Price (NAP) highlights cost savings while ensuring them over time with automatic updates. Our NAP dynamically updates and scales in accordance with market trends, competitor pricing benchmarks, and savings from bulk purchasing and stocked inventory. This offers additional cost savings to customers in real-time. Our research includes weekly competitive ad price tracking and comparison of about 20,000 products to ensure we offer aggressive pricing Documented Performance: In reviewing five of the top selling skus (based on qty) on our largest OMNIA agreement, our NAP landed within -4.03% to 4.51% of the competition’s averaged web pricing. Applying a standard discount off of NAP placed our total pricing 7% below the price of the competition’s averaged total web pricing. Cost Impact (%): 7% Schedule Impact (%): Click to enter text. Value Added Item #3: Free Ground Freight within the 48 contiguous United States How will this add value? Prices include free ground shipping for the cheapest ground option for shipments under 70lbs within the 48 contiguous United States. Shipping same day, overnight, 2nd day, 3rd day, and ground are available with expedited shipping charge. Documented Performance: Nearly every of one our state and local contracts offer free freight. In 2019, 921 shipments shipped within 0-1 days to the State of Utah. Approx. 80% of orders in under 5 days. Cost Impact (%): 2% Schedule Impact (%): Click to enter text. Value Added Item #4: Technology Experts throughout the Sales Lifecycle How will this add value? Our staff holds numerous certifications and we have first access to new and emerging technologies, to assist our sales force and customers from scoping/developing solutions to accessing support. Due to our size and relationships with our OEM partners, our voice holds weight with the OEMs and enables us to be the voice of our customers, advocating on their behalf for better pricing, timelines, and service Documented Performance: A public safety agency wanted to understand federal regulations on “no drone zones” regarding their recent purchase. The customer contacted the manufacturer’s technical support line but they were not able to assist. The customer called our Account Manager, who within 5 minutes was able to connect the customer to a product specialist able to answer all questions. Cost Impact (%): Click to enter text. Schedule Impact (%): Click to enter text. Value Added Item #5: Dedicated Resources, Mature Customer Network to Drive Success How will this add value? Program Management Dept of over 100 coworkers will maintain the resulting master agreement and facilitate the administrative process for initiating/maintaining PAs. Contract ease of use includes set-up and launch Documented Performance: Our Program Management team currently maintains over 1,000 Active SLED contracts including numerous statewide contracts, such as the State of Utah PC Stores and cooperative contracts including our OMNIA Partners Portfolio. From 2018 to 2019, our public sector revenue grew by nearly $505m (11.4% y/y increase), speaking to the efficacy of our contract management and acceleration Cost Impact (%): Click to enter text. Schedule Impact (%): Click to enter text. Attachment E – Marketing Plan Internal Awareness The first step in our awareness plan is to train our salesforce on the new agreement. Upon contract award, our executive sponsorship team will internally evangelize this agreement as a preferred contract vehicle for online, transactional IT purchases amongst our SLED customers. Internal communication deliverables will be implemented within 10 days of contract award date, including a companywide contract announcement email and a sales-specific announcement detailing contract benefits. Sales enablement training will cover contract scope, membership and new contract requirements so that the account managers can not only inform their customers, but also help them to navigate the new landscape. Our sellers will then be equipped with relevant collateral to inform members. External Awareness As a part of this proposal, we will create customer-facing collateral for immediate distribution upon award. Collateral will communicate the benefits of purchasing through the agreement from us as well as showcase products, services, and solutions offered to customers. Our sales force will proactively communicate with customers immediately given their given their considerable familiarity with OMNIA Partners contracts and our robust customer network. Target Identification Accurate customer identification is at the core of an effective recruitment campaign. It allows us to align resources and marketing initiatives around those customers whose needs align with the benefits of the of the new agreement. We are consistently lauded for our comprehensive and accurate reporting. We have built specialized software to automate many aspects of the reporting process so that data informs the way we do business, especially in contract promotion. We will use our reporting capabilities to identify customers who can benefit from the new agreement (e.g., those consistently submitting transactional POs, those managing complex contracts for procurement fulfillment, etc.). Equipped with this information, we can ensure that we optimize our potential to grow the contract. Expansion among Existing Customers Strategic Alignment and Targeted Business Planning We intend to leverage our data analytics and existing customer network to accelerate business through the new agreement. We will strategically align with customers to pinpoint those accounts with potential for growth. Specifically, we will examine accounts where we do not fulfill the majority of the company’s IT business. We will also consider customers who have not adopted an online marketplace solution as part of their procurement strategy. Resources will highlight how an online marketplace can promote efficiency and reduce administrative burden. For large target customers, we will develop a business plan that addresses their needs while leveraging the new agreement. Tactical areas of consideration will include eProcurement and web preferences, supplier diversity requirements, current and future IT projects, piggyback agreements with custom terms, co-branded marketing campaigns, and topical webinars. Recruitment Campaign Seller Enablement Not only is our sales force well-versed in growing contracts but they are experienced in accelerating utilization of OMNIA Partners contracts. This also positions our sales force to focus their effort to onboarding new users. Upon contract award notification, we will roll-out a sales-led initiative centered around recruitment, sales-directed strategy sessions, ongoing enablement trainings and customer collateral. Our inside and field sales leadership will look to our reporting to identify customer categories and develop corresponding strategies. Customer Engagement This entails a two-pronged approach in which we will launch a communications plan and leverage in- market events to interact with and educate potential customers. In 2020, we are scheduled to attend more than 100 regional and national events where our accounts teams can further propagate the new contract to members. Content will focus on the administrative and strategic value of utilizing the contract. Specifically, we will highlight the cost and time savings associated with the new agreement. Social Media Our marketing arm has many advanced tactics to reach OMNIA members. For one, we have a robust social media presence. We have an internal group that is focused on submitting and curating social media content called the Social Squad. It even has its own app available for Android. Social Squad members are encouraged to submit content on a number of topics, including our news, products and deals, emerging technologies, product launches, featured partners, and more. We are able to leverage our top influencers to disseminate information and draw attention to the Online Marketplace contract. National Presence As part of the Experience, we organize our sales force differently from other companies in order to best serve our customers. First, our inside account managers and our field sellers are trained to become experts within the public sector segment they support – K-12, Higher Education, State & Local government, Federal government and Healthcare. The advantage is that they can address the very specific needs of their unique customers. To further equip our them to support their customers, we have divided the salesforce into distinct geographic regions to ensure that sellers are prepared to support the local landscape in a way that is unmatched by other vendors, both small local and national companies. In 2019, we supported SLED transactions stemming from customers in all 50 states. We also have an extensive coworker presence throughout the United States as demonstrated below. Our full listing of 25 U.S. sales offices is as follows, including a new location in the Nashville area, a 5,000-square-foot-office enabling us to better support OMNIA Partners members in Tennessee and the South: Chandler, AZ; Glendale, CA; Shelton, CT; Tampa, FL; Chicago, IL; Lincolnshire, IL; Vernon Hills, IL; Evansville, IN; Indianapolis, IN; Detroit, MI; Grand Rapids, MI; Minneapolis, MN; Las Vegas, NV; Cherry Hill, NJ; Eatontown, NJ; Cincinnati, OH; Cleveland, OH; Nashville, TN; Dallas, TX; Reston, VA; Bellevue, WA; Appleton, WI; Madison, WI; Milwaukee, WI; Wausau, WI. Logistics & Performance Metrics to Support Nationwide Contract • Process 11,000 POs / day • Turnaround time per PO = 2.2hrs • Average lead time (PO release to invoice) is 4.8 days • Manage $240M - $270M of inventory • $700M opportunistic purchases in 2018 • Final sales order quality review • 30 inventory turns / yr. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0322 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Authorize the piggyback of Florida State Contract 4323000-NASPO-16-ACS-SVAR, Software Value Added Reseller (SVAR) Services, to Carahsoft, Reston, VA, in the amount of $271,618.60, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), piggyback or cooperative purchasing, and authorize the appropriate officials to execute same. (consent) SUMMARY: Authorization is requested to piggyback NASPO Software contract number 4323000-NASPO-16-ACS-SVAR for Network End-point Security Monitoring and Management Software from Carahsoft Splunk for a three-year term from May 1, 2022 through April 30, 2025. This authorization adds end-point security monitoring and management to the City’s network security portfolio. The purchase includes cloud-based software services with security monitoring module, professional implementation services, and an additional $25,000 in contingency. Anticipated costs over the next three years are: FY 22: $102,618.60 Software purchase, implementation services, and maintenance FY 23: $72,000 Software services FY 24: $72,000 Software services APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project 355-M1912 fund this purchase in FY-22. Future maintenance (FY23 and FY24) will be budgeted in the Information Technology operating budget, code 5559864-530303, contractual service. Page 1 City of Clearwater Printed on 3/31/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0328 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Approve a contract to First Arriving, LLC of Ashland, VA for digital signage and dashboard software and installation services in the amount of $175,000.00 for the period of April 01, 2022 through March 31, 2025 pursuant to Request for Proposal (RFP) 01-22, Digital Signage Solution, and authorize the appropriate officials to execute same. (consent) SUMMARY: Digital signage and dashboard software is used by various departments and at many city facilities to update the employees and/or public of critical information, requirements, events and opportunities within the organization or community. This RFP award will provide digital signage services and replace/upgrade existing solutions that have been in various locations for more than 5 years. The RFP covers the hardware, installation, and integration costs for several immediate needs (Fire and Planning Departments), and we are budgeting to bring in Public Utilities, Solid Waste, Library, and Parks & Recreation on board in the near term. The amount requested includes a contingency of approximately 15% in the event additional services are requested and to cover any applicable increases. APPROPRIATION CODE AND AMOUNT: Funds have been budgeted in CIP 355-C2007 for the first phase with ongoing operating costs to be included in the Information Technology operating budget as a contractual Service 5559862-530300. Additional departments will request funding as part of the budget process. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 3/31/2022 Digital Signage Solution RFP #01-22 Created by: Shannon Gilliland Nov 10, 2021 Prepared for: City of Clearwater (FL) Qualications & Experience First Arriving First Arriving provides mission-critical technology & marketing solutions for public safety. Our services include creating websites, providing digital signage & dashboards, recruitment, video production & marketing for re departments, EMS, law enforcement, business & local government.  We have over 600 public safety departments using our digital dashboard solutions. Check out some of our latest case studies: First Arriving Digital Dashboard Case Studies Current Clients We’ve spent our lives creating innovative content, online communities and creating events that have made a lasting impact in public safety. Our team includes some amazing content, design, technology and marketing professionals who all share a passion to create incredible solutions that our clients and partners love – and more importantly help them achieve and exceed their objectives. We’ve worked with many of public safety and local government agencies over the last 20 years – It’s not just a business for us, it’s a major part of our lives. We are not just a service company – we are a long term partner in the success of your organization. We work great fully integrated with your team to power your future. First Arriving Dashboards keep personnel and visitors up to date with real-time alerts, easy-to-update mission-critical information, 100+ third party integrations and features, consolidated data visualization and more on the big screen, desktop & tablet for re departments, EMS, police, local government municipalities. industrial, safety & hospitals. Here are some of our Florida clients that are using First Arriving dashboards in their departments: • Lauderhill (FL) Fire Rescue • Greenacres (FL) Fire Rescue • City of Saint Lucie County (FL) Fire District • Tamarac (FL) Fire Rescue • Bonita Springs (FL) Fire Control and Rescue District • Boca Raton (FL) Fire Rescue • Palm Beach County (FL) Fire Rescue • West Palm Beach (FL) Fire • City of Palm Beach Gardens (FL) Fire Rescue • North Collier (FL) Fire Control and Rescue • Coral Gables (FL) Fire Department • South Walton (FL) Fire District • City of North Port • Palm Beach (FL) • Town of Boynton Beach (FL) Fire Department Digital Dashboard Leadership and Team Our team of innovative marketers, strategists, project managers and creative specialists delivers the services you need for success. Like you and your team, this isn’t a job for us, it’s a calling. First Arriving has 40+ staff serving in over 7 states to service our clients. Check out the entire list: First Arriving Staff. Dave Iannone CEO & Founder Meghan Rigaud Senior Director Albert Miranda Frontend Engineer Matt Rhodes Chief Technology Ocer Katie Norman Client Success Manger Cristian Herrara Scrum Master Ross Hopkins Senior Director Priyal Patel Implementation Diego Copete UI/UX Designer Adam Privette Senior Developer Lydia Francis Developer Erick Sandoval Developer City of Clearwater Digital Dashboards Rapid Deployment • Get up in running quick with our core features plus scheduled development of your integrations and requirements. Best In-Class Backend & Security • AWS GovCloud-powered applications, secure data and backups. Zoned Delivery • Easily segment and manage content, features & integrations by location, site, facility, department and worksite and more. Standard Weather Features • Radar, Current Conditions, 3-Day Forecast & Severe Weather Alerts. Custom Alert Tones • Add your own alert tone! Plus custom tones by unit or call type (coming late 2021) for Standard & Enterprise subscriptions. Grows With You • As your department grows and evolves, so do the dashboards - whether that's additional displays or new integrations. • Share content between agencies. • Subscription cost are scaled with additional licenses. • Dashboards are intuitive, user-friendly, and allow staff to easily create and modify signage. • Dashboards- Fire; Dashboards- Police; Dashboards- Local Government Turnkey Solution • Includes application development, hardware selection/procurement, installation, and support and maintenance costs. • Fully customized solution with unique development, layouts, and data resources. • Includes application development, hardware selection/procurement, installation, and support and maintenance costs Features • Enhanced Alerting & CAD Options including CAD feeds, XML, API, email, text parsers for alerting & notications, advanced CAD integrations, real-time status updates and more. Additional API fee may apply for new integrations. • Maximum Integrations, Maximum Flexibility: All current and future platform features and integrations included (excluding any third- party fees) First 10 integrations included.. • Mapping with routing maps, trac, zoomed in hydrants and map points, time and distance. Expanded Mapping Options including ESRI, Mapbox and other GIS solutions • Portal access to send scheduled & real-time messages and share videos plus view the status of your Dashboards at all locations. • Templates are provided for department use or new templates can be created. • Add-On option for enhanced weather features including lightning strikes, storm path and wildland updates • Easily integrates with API integrations, feeds, and multiple le formats. Support & Training • 24-7 Email, ticket, chat, and phone support, documentation and system status updates, regular customer newsletters and webinars. • Onsite Training (up to 2 Hours Per Department) • Dedicated client success manager. • Admin view of all content across all live Dashboards. • Priority support including same business day response before 3p ET for non-emergent issues • Custom FAQs for content users. • Administrators are able to easily access all dashboards to manage and audit (remote access). • City of Clearwater dedicated knowledge base and training video to serve as an online resource. Features • Slides, PDFs & images • Menu & touchscreen – easily access content • Ad free – all your content, no ads • RSS feeds, social media • Embed HTML/web pages • Trac cams • Custom logo & color scheme • Calendars, news, ticker & announcements • Messaging & videos • Zoom Meetings Easily jump into Zoom meetings from your Dashboard, including connected cameras and audio. Watch The On-Demand Webinar Below To Learn How. The easiest way to communicate and display Fire/EMS critical data is with First Arriving’s digital dashboards. Choose from 100+ seamless integrations and features for mission-critical messaging that keeps crews and personnel informed and up-to-date. Technical • Chromebox's will be supplied and installed to run Digital Dashboards on TVs. • Digital Dashboards are secure, cloud-based and use City's existing internet. • Central point of administration with controlled access capabilities. • System conguration is backed up with the ability to restore automatically in case of power outage. • Hardwired or wireless options to support digital dashboards. • Digital Dashboards do not require climate control and are intended for 24-hour service. • Digital Dashboards can be viewed on a desktop application and/or TV (of any size). • Amazon Web Services GovCloud. • Equipment will be provided under warranty for 3 years. • 3 year pre-paid Subscription plan included. Your Integrations Include... Vector LMS, formerly TargetSolutions, delivers award-winning, real-time training and record-keeping solutions to the re services, emergency medical services, risk pools, cities and municipalities, law enforcement, and public works industries. The company provides engaging, accredited online training courses, cutting-edge software applications, and dynamic performance management solutions to help make organizations safer, more capable, and more compliant. First Arriving's integration with Vector LMS includes: • Daily Incomplete Assignments, including name, course name, due date, and days due • Certication or other expiration dates, expired and upcoming • Competed Assignments • Upcoming courses by employee/team member including name, course name, and due date • More integrations planned, tell us what you'd like to see! What You'll Need • A TargetSolutions account • We'll request specic information for your integration during the implementation process, including your account information and API Key. These will be provided to you by Vector. • Please note that Data / API access could be an additional charge by the vendor.  This is determined by the vendor and not by First Arriving. First Arriving's integration with PSTrax visualizes your operations checks and logistics management directly into your First Arriving Dashboards. First Arriving's integration with Vector LMS includes: • Truck Checks - Unit Name, Status (In Service, Out of Service, Active, Non-Active), # of Items Due, # SCBA Items Due, # Asset Items Due, # of Alerts • Equipment Checks - PPE (# of PPE Items Due, Location, # of PPE Alerts), SCBA (# of SCBA Items Due, Location, # of SCBA Alerts), Assets (# of Assets Items Due, Location, # of Assets Alerts) • Alerts - Unit Name, Alert Type, Date and time posted, Name of personnel who set the alert, Description of the alert • Journal - Title of Journal Entry, Show location or department entry applies to, Date and time posted, Name of personnel who set the alert, Description What We Need: • Username and password to access the API • Contact your sales rep with PSTrax to obtain the username and password • Please note that Data / API access could be an additional charge by the vendor. This is determined by the vendor and not by First Arriving. CAD Integration & Dispatch Data For call alerting and other data from your CAD, we can feed in a variety of ways, including: • Feed from CAD via a variety of standard formats • Parsed notications via email, text and other messaging platforms • Data from our various integration partners including Active911, Bryx, iSpyFire, FirstWatch, ER and Locution • Mapping options including Google Maps and ESRI We do not require integration to access your CAD directly, but if that is an option it can always be explored. What We Can Show Data can include a wide array of information for both emergency alerting and non-emergency information, depending on the feed and content available to be provided to us, including: • Real-time notication of alerts or calls of varying type, including details, location, mapping, unit and/or personnel information and more. • Alerts can include incidents, department wide notications, emergency updates and more • Units available, AVL feeds, units in and out of service, hydrants and other key metrics from CAD • Hospital or other facility/resource statuses. • More -- If you've got the data, can can make it work. Email Parser Options Don't have a direct feed or CAD access, or utilize one of our partners' services? We can ingest an email or other messaging to display your alerting or call data. In those cases, we typically need: • We'll provide you with an email address or other messaging location to send us the data from your dispatch center or other appropriate party. • The body of the email should include the key information of the alert • For incidents, the body will typically include the nature of the call, location, unit identiers to lter which devices get which alerts (especially across multiple stations) API Access We have a RESTful API in which you can POST or PUT JSON payload requests.  We will create a specic endpoint for your agency based on the integration and provide you a bearer token to be used in the header to make requests.  XML Data Some CAD systems and Dispatch centers have ability to automatically send XML or CSV les of data such as Unit Status.  We can consume these by posting to an SFTP location that is provided by First Arriving.  The example below is not a standard template, we can use any elds that you have the ability to send.  We will customize what is shown based on your needs. City of Clearwater Digital Dashboards Pricing Product/Service Price Qty Subtotal Dashboard ENTERPRISE Setup Agency setup (one-time) for Enterprise subscription including rst 11 locations customization options. Discounted from $1,995.00. $1,695.00 1 $1,695.00 Onsite Training Onsite Training, tailored training for both Clearwater Fire & Rescue administrators and end- users. Travel & Expenses Included $1,500.00 1 $1,500.00 Dashboard Hardware & Install 11 Toshiba or Vizio 49" smart TV, cables, 11 TV mounting brackets, 11 Chromeboxes, Installation for 11 Dashboards, shipping & handling. Warranty for three years. $18,000.00 1 $18,000.00 Dashboard Enterprise 3-Year Subscription Three-year Enterprise Dashboard Subscription for 11 licenses. $4,613.40 3 $13,840.20 Courtesy Enterprise Desktop/Tablet Subscription One courtesy desktop/tablet subscription with view of all facility content included free for each 10+ paid subscriptions. $0.00 1 $0.00 Total $35,035.20 COST AFTER FOURTH YEAR FOR 11 LICENSES: $4751.80 This total includes any existing and new licenses. For every 10 Dashboards added to contract, a yearly savings of 10% will be applied. Customer Signature __________________________ Signed Date ________________ Signatory Name __________________________ Title __________________________ PAYMENT & SUBSCRIPTION Payment Net 21. Hardware must be prepaid prior to shipping without Purchase Order or specic arrangements in advance. If you need custom payment terms, email billing@rstarriving.com. License Agreement - Dashboards Customer is licensed to use the contracted number of Dashboard subscription licenses during the term of the agreement and subsequent renewal periods. One license required per display. Renewal Dashboard licenses automatically renew for successive twelve (12) month terms unless canceled in writing by Client at least 30 days prior to the end of Term renewal date. Prices quoted shall be a rm xed price for one (1) year. Prices will escalate by 3% per year starting at renewal date, and only one price escalation shall be allowed within a twelve (12) month period. Cancellation & Refunds You may cancel your subscription at any time. The cancellation becomes effective once the prepaid term is up and the account is due for renewal. You may qualify for a refund if the cancellation was due to a documented service issue that could not be resolved within 30 business days from initial notication to First Arriving Dashboard Support via email, phone or support ticket, excluding issues resulting from third-party integration partners. Please contact us at billing@rstarriving.com with any questions. Download our W9 at https://redept.link/rstarrivingw9 Subscription Term & Details Your Dashboard subscription period will start on the date your license is activated and accessible to you. Pro- rated licenses will renew on the anniversary date of your initial activation. Your Dashboard subscription includes all existing and new features/integrations in the First Arriving digital signage platform based on your license level, excluding any third party provider fees and any agreed upon custom development for unique integrations or features specic to your organization. These are always discussed and pre-approved prior to implementation.  Your subscription also includes access to our support center and support team, with email, phone and web- based ticket support. New feature requests outside of normal support or existing features/integrations are reviewed on a case-by-case basis. For additional Terms & Conditions, please visit https://www.rstarriving.com/terms-and-conditions/ Billing & Contact Information First Arriving, LLC 9555 Kings Charter Drive, Suite K Ashland, Virginia 23005 (240) 667-7755 Billing Email: billing@rstarriving.com Dashboard Email: dashboards@rstarriving.com Support Center & FAQs: https://support.rstarriving.com WHAT'S NEXT Once we receive your signed agreement, we will provide you an invoice and schedule an implementation call. Your subscription will not start until setup is complete and your Dashboard activated. Our average time from contract to launch is 2-6 weeks, depending on the complexity of your setup and integrations. Launch time for multi-agency and enterprise level accounts (10+ dashboards) may vary depending on the scope of your project. THIRD PARTY SERVICES Your subscription cost does not include any integration (typically referred to as “API” or “Data Access” fees by third-party software providers. Please check with your third party vendor to see if any may apply to the integrations specic to your organization. Most integration partners do not charge any or signicant additional fees, but your determination will be based on your agreement/plan with them.  MAPPING OPTIONS First Arriving utilizes ESRI for base mapping (ESRI.com) which specializes in public safety mapping. You may use your own ESRI account, if applicable, for additional layers and features specic to your agency.  We also support Mapbox, Here.com and other mapping and GIS platforms. Google StreetView is also an option, which requires a separate Google Maps account, which includes a $200/month credit towards Google Mapping fees and covers most use cases. Mapping & Alerting Note First Arriving's Dashboards provide excellent supplemental information for your incident notications, including general routing and street view provided by third parties, such as ESRI, Mapbox and others. These features rely on a reliable internet connection and updated information from your third party services such as hydrant and other marked locations. These services are provided for you with our Dashboards but you should always rely on your primary dispatch, known best route to incident and other available primary information for the response location. Like any third party app or service, the information displayed on your Dashboards does not replace your primary incident alerting notication resource(s) such as your dispatch center's system. WHAT WE NEED FROM YOU During your Implementation process, as well as for ongoing support requests, First Arriving may request “API Keys”, sample data les, access permissions and other requirements for setting up your Dashboards and connecting them to third party services. If you are sharing any information with other agencies’ dashboards, you need to sign a form to grant access. CUSTOMER SUCCESS STORIES "First Arriving’s Digital Dashboards give our department the ability to take critical data and push that information out to those that need it most. Taking data and making it actionable improves system performance and unit utilization, thus allowing our department to better meet our community’s needs.” - Deputy Fire Chief Brian Frankel, Prince George’s County (MD) Fire/EMS Department “The fusion of First Arriving Dashboard technology with our internal leadership has created a means of delivering daily mission-critical information department wide. This has enhanced our situational awareness and strengthened our overall delivery of emergency and non-emergency services to the Colerain community.” - Fire Chief Frank Cook, MPA, CFO, EFO, Fire Chief, Colerain Township (OH) Department of Fire and EMS Browse More Customer Success Stories | Features & Integration List 100+ INTEGRATIONS & FEATURES Hundreds of Layout, Data & Display Options First Arriving Dashboards integrate with a growing list of leading public safety, local government and business focused technologies and platforms, giving you many options to tailor your dashboards what matters most to your agency, business or department. Don't see your technology partner, service or feature listed? Just ask us and we'll look at adding it or creating a custom content management platform for you. BROWSE ALL INTEGRATIONS & FEATURE OPTIONS HERE Business References- Digital Dashboards Rogers (AR) Fire Department Chief Tom Jenkins; tjenkins@rogersar.gov When the Rogers (AR) Fire Department wanted to improve communications inside the department and increase situational awareness among on-duty reghters, it turned to the First Arriving dashboard/digital signage system. Relying on traditional forms of communication like emails and word of mouth, it was evident the critical information “just wasn’t getting out there,” said Fire Chief Tom Jenkins. There were so many emails that many just got lost. A previous system was used, but it was not really designed for the re service. As a result, reghters did not have the situational awareness about things that could have an impact on responses. “First Arriving has really been a gamechanger for us. They catapulted the information in a way that makes it so easy for us to be up-to-date on what is happening,” said Chief Jenkins. Rogers Fire Department uses 11 dashboards across eight re stations, Fire Headquarters, and the Emergency Training Center. Vector Scheduling, Active911, PulsePoint, weather, trac cameras, NFORS, and FlightAware are a few of the integrations being used to keep Rogers reghters constantly informed Pelham Fire Department Matthew Maples, EMS Director: mmaples@pelhamalabama.gov When the Pelham Fire Department in Alabama rst decided to implement a digital dashboard, they went with a do-it-yourself platform. It wasn’t long before they realized what a difference professional help from First Arriving could make. Now that they have a professional dashboard system installed, it is addressing the department’s needs. “The main reason was for the communication side of it,” Maples says. They are now seeing that difference in communication, he says. And while feature integration was not their top priority, many Pelham personnel name integrations as their favorite aspects of the system, Maples says, such as seeing scheduling at a glance and having Active911 popping up with each call. The side benet to those features, Maples notes, is that they keep people engaged with the system, which helps them catch the communications for which the department installed it. “I think having all the additional features attracts people to pay more attention,” he says. The system has also proven even simpler to manage than Maples anticipated. His one big surprise, he says, was just how easy it was to get it going.  “It’s a one hundred percent ready-to-go product as soon as you plug it in,” he says. “It was working right out of the gate, which made my life a lot easier. When I was trying to do it myself there were so many steps I had to do to get it going.” Maples had seven dashboards to install, he says, and was able to knock them all out in a short amount of time. Boca Raton's Local Government Nicolas Haupt, Procurement Ocer: nhaupt@myboca.us Boca Raton’s Communication Team Utilizes First Arriving’s Digital Dashboards Keep Their Large Workforce Informed Of Internal Information And Updates. Email messages and paper yers weren’t cutting it for getting critical information out to city staff in Boca Raton (FL) says Ann Marie Connolly, public relations specialist. Not all staff get email as part of their job, and those who do can be inundated, she said, making it dicult to effectively communicate internal news and information. “A huge chunk of our workforce just wasn’t getting the information they needed,” she says. Ultimately, as the city’s IT and HR departments looked for options, they settled on dashboards by First Arriving. The police and re departments were already using them, Connolly says, and the idea struck that dashboards would be a great solution to utilize city-wide. They are now using dashboards to reach their workforce of about 1,800 people dispersed throughout departments including municipal services, utility services, administration, and recreation. Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33758-4748 727-562-4633 Tel v 07.2021 REQUEST FOR PROPOSALS #01-22 Digital Signage Solution November 3, 2021 NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until 10:00 AM, Local Time, December 2, 2021 to provide a Digital Signage Solution. Brief Description: The City of Clearwater (City) is seeking proposals from qualified vendors to procure, install and support a turnkey digital signage solution that will meet the needs of its various departments. The proposed solution must be cloud-based, capable of Application Programming Interface (API) integrations with other systems/applications and scalable to allow future growth. 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 Digital Signage Solution 2 RFP #01-22 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact listed on Page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their 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: December 2, 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 Digital Signage Solution 3 RFP #01-22 any, will be returned to Contractor upon the expiration or termination of the contract. i.7 SUBMIT PROPOSALS TO: It is recommended that proposals are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Proposers may mail or hand-deliver proposals to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Proposals will be received at this address. Proposers may mail or hand-deliver proposals; e-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a proposal that is not properly addressed and identified. i.8 LATE PROPOSALS. The proposer assumes responsibility for having the proposal delivered on time at the place specified. All proposals received after the date and time specified shall not be considered and will be returned unopened to the proposer. The proposer assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The proposer agrees to accept the time stamp in the City’s Procurement Office as the official time. i.9 LOBBYING; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION. From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees, and evaluation committee members. Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be directed to the procurement manager or designee, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period. The penalty for violating the No-Contact Period may include suspension or debarment i.10 COMMENCEMENT OF WORK. If proposer begins any billable work prior to the City’s final approval and execution of the contract, proposer does so at its own risk. i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than (seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the proposal. Proposers are cautioned to verify their proposals before submission, as amendments to or withdrawal of proposals submitted after time specified for opening of proposals may not be considered. The City will not be responsible for any proposer errors or omissions. INSTRUCTIONS Digital Signage Solution 4 RFP #01-22 i.12 FORM AND CONTENT OF PROPOSALS. Unless otherwise instructed or allowed, proposals shall be submitted on the forms provided. An original and the designated number of copies of each proposal are required. Proposals, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the proposal is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the proposal be submitted. The proposal must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the proposal. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered upon showing the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the proposer. The City reserves the right to reject proposals that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the proposal received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the proposer shall include a letter with its proposal identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A proposal from a proposer who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.16 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon another event; to reject individual proposals for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any proposal. The City may seek clarification of the proposal from proposer at any time, and failure to respond is cause for rejection. Submission of a proposal confers on proposer no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a proposer may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. INSTRUCTIONS Digital Signage Solution 5 RFP #01-22 i.18 COPYING OF PROPOSALS. Proposer hereby grants the City permission to copy all parts of its proposal, including without limitation any documents and/or materials copyrighted by the proposer. The City’s right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve this purpose, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or prospective proposers and affiliates. The City may request product samples from vendors for product evaluation. i.21 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 Digital Signage Solution 6 RFP #01-22 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 (pages 23-24) Points Demonstrated Experience (Tab 2) 30 References (Tab 2) 25 Project Plan/Approach and Schedule (Tab 3) 30 Cost of Services (Tab 4) 15 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. i.26 BEST & FINAL OFFERS. The City may request best & final offers if deemed necessary, and will determine the scope and subject of any best & final request. However, the proposer should not INSTRUCTIONS – EVALUATION Digital Signage Solution 7 RFP #01-22 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: November 3, 2021 Advertise Tampa Bay Times: November 3, 2021 Responses due: December 2, 2021 Review proposals: December 2-14, 2021 Presentations (if requested): Week of December 20, 2021 Award recommendation: Week of December 20, 2021 Council authorization: January 2022 Contract begins: February 1, 2022 STANDARD TERMS AND CONDITIONS Digital Signage Solution 8 RFP #01-22 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified STANDARD TERMS AND CONDITIONS Digital Signage Solution 9 RFP #01-22 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. 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. STANDARD TERMS AND CONDITIONS Digital Signage Solution 10 RFP #01-22 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. STANDARD TERMS AND CONDITIONS Digital Signage Solution 11 RFP #01-22 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 STANDARD TERMS AND CONDITIONS Digital Signage Solution 12 RFP #01-22 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. STANDARD TERMS AND CONDITIONS Digital Signage Solution 13 RFP #01-22 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 STANDARD TERMS AND CONDITIONS Digital Signage Solution 14 RFP #01-22 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 STANDARD TERMS AND CONDITIONS Digital Signage Solution 15 RFP #01-22 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 STANDARD TERMS AND CONDITIONS Digital Signage Solution 16 RFP #01-22 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 Digital Signage Solution 17 RFP #01-22 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. The City of Clearwater is committed to ensuring that we have a sustainable city through green measures focusing on our economy, environment and community. 2. BACKGROUND. The City of Clearwater’s Information Technology (IT) Department supports the business operations of the City’s twenty-two (22) constituent departments and has seen the need to provide a robust digital signage solution that will be highly scalable and adaptable to the enterprise’s diverse needs. This Request for Proposal (RFP) seeks to identify a flexible, feature- rich digital signage platform, to design and install digital signage. While the immediate need is for Clearwater Fire & Rescue, other departments, with aging solutions, will be integrated when their existing systems reach end of life. 3. SCOPE OF WORK. The awarded vendor (Vendor) will work with the City’s IT Department to design, implement and install a customizable and scalable digital signage platform. Signage hardware will be installed in eleven (11) locations throughout nine (9) Clearwater Fire & Rescue facilities (reference 3.6 – Sites and Installation Locations). The Vendor will be responsible for designing, procuring, installing and configuring all hardware/software; and providing tailored training for both administrators and end-users. The Vendor must also demonstrate the ability of their solution to integrate with City applications and systems (reference 3.7 - System Integrations). Prior to the proposed solution entering into production, the Vendor will work with the City to deliver pre-configured signage templates based on the needs of Clearwater Fire & Rescue. Following installation and successful implementation, the Vendor must offer ongoing support of both the application and all signage hardware. 3.1 - General Technical Solution Requirements. The proposed solution must conform to the technical requirements detailed below: a. Solution must be secure, cloud-based and capable of delivering content over the City’s existing internet protocol (IP) network. b. Solution should be a turnkey product; inclusive of all application development, hardware selection/procurement, installation, and support and maintenance costs. c. Solution should be cost effective and scaled to current needs, but with the ability to easily expand. d. A hardware agnostic solution is preferred but, at a minimum, must support BrightSign and/or Apple iOS/tvOS devices. e. Solution must be scalable and capable of supporting additional department’s digital signage needs as they arise in the future. f. Solution must be capable of easily integrating with the City’s existing applications/data sources by API integration or other means. g. The end-user application graphical user interface (GUI) must be intuitive, user-friendly, and allow City staff to easily create and modify signage. 3.2 - Application/CMS Requirements. The proposed solution’s content management system (CMS) must conform to the requirements detailed below: a. Solution must have a central point of administration and the ability to granularly control user permissions. DETAILED SPECIFICATIONS Digital Signage Solution 18 RFP #01-22 b. Solution must be capable of logically separating and managing signage by site, facility, department or other criteria. c. Solution must be capable of securely displaying live data or content from common outside sources (i.e., weather or news feeds). d. Solution must support a wide variety of content file types and formats. e. Solution must allow users to schedule content changes and customize/control content based on location. f. Solution must offer templates that allow users to easily design new content on their own. Drag and drop functionality is preferred. g. Solution must back up data and allow for restoration of content and system configuration. h. Solution must provide user accountability and give administrators the ability to audit activity. i. Solution should allow administrators to view and remotely manage the status of signage devices. j. Solution should be capable of using single sign-on (SSO) protocols and integrating with Active Directory or Azure services. 3.3 - Hardware Requirements. a. Ethernet connectivity is required with an option to support wireless networks. b. Vendor must offer equipment capable of 24-hour operation in spaces that are not climate controlled. c. Vendor must offer a range of display sizes to suit the individual needs of each install location. d. Signage installations must be clean and orderly; with no exposed cabling and all hardware mounted and hidden behind the display. 3.4 – Support and Maintenance. The Vendor must provide support and maintenance services inclusive of all components related to the proposed digital signage solution for a period of three (3) years following installation / implementation. The Vendor will submit pricing for a continued support and maintenance contracts for a minimum of five (5) years beyond the initial three (3) year support period for all components of the proposed solution. In the event of hardware failure or breakage, the Vendor is responsible for warrantying and replacing equipment. On-site technical assistance and support is strongly preferred. The Vendor must offer comprehensive end-user technical support and the City shall have the ability to contact support for any technical issues without limits for as long as a support agreement is in place. 3.5 – Training. Following installation, the Vendor must be prepared to offer on-site training sessions tailored to both system administrators and end-users. It is preferred that the Vendor also have knowledge base or repository for training materials and guides that end-users can easily access. 3.6 - Sites and Installation Locations. A total of eleven (11) digital signage packages will be installed at the nine (9) facilities listed below: a. Fire Station 44 at 950 Gulf Blvd., Clearwater, FL • One (1) 49” display mounted in living room b. Fire Station 45 / Fire Administration at 1140 Court St., Clearwater, FL • One (1) 49” display mounted in 1st floor lobby • One (1) 49” display mounted in 2nd floor kitchen DETAILED SPECIFICATIONS Digital Signage Solution 19 RFP #01-22 • One (1) 49” display mounted in 3rd floor breakroom c. Fire Station 47 at 1460 Lakeview Rd., Clearwater, FL • One (1) 49” transportable display installed in living room d. Fire Station 48 at 1700 North Belcher Rd., Clearwater, FL • One (1) 49” display mounted in breakroom e. Fire Logistics at 1700 North Belcher Rd., Clearwater, FL • One (1) 49” display mounted in breakroom f. Fire Training Facility at 1716 N Belcher Rd., Clearwater, FL • One (1) 49” display mounted in breakroom g. Fire Station 49 at 565 Sky Harbor Dr., Clearwater, FL • One (1) 49” display mounted in dining room h. Fire Station 50 at 2681 SR 580, Clearwater, FL • One (1) 49” display mounted by kitchen area i. Fire Station 51 at 1720 Overbrook Ave., Clearwater, FL • One (1) 49” display mounted in dining room 3.7 - System Integrations. The proposed solution must be capable of interfacing with the following systems by means of API integration or any other method deemed appropriate by the City. The solution must also be customizable allow additional integrations in the future. The selected vendor will provide pricing guidelines for future integrations. a. TargetSolutions (https://www.targetsolutions.com/) – This is Clearwater Fire & Rescue’s online training solution. Digital signage should be capable of displaying training videos and advertising available trainings. b. 911web/WirelessCore – This computer-aided design (CAD) system is hosted by Pinellas County Fire and utilized by Clearwater Fire & Rescue to aid in dispatching vehicles and personnel. Signage should be capable of displaying active calls assigned to a station as they are received. c. PSTrax (https://pstrax.com/) – This is Clearwater Fire & Rescue’s web-based inventory and logistics system. The proposed solution must be capable of interfacing with this system and able to notify stations when their scheduled inventories are past due. 4. MINIMUM REQUIREMENTS. Vendors responding to this RFP shall have a minimum of five (5) years’ experience installing and configuring cloud-based digital signage solutions. A minimum of three (3) references for which similar services have been provided is required. Reference Response Elements, Tab 2, Demonstrated Experience and References, page 23, of this RFP. The Vendor is expected to furnish all hardware, software, and other components necessary to implement the proposed solution. If additional low-voltage data cabling is required at a proposed installation site, the vendor must be either capable of performing the work themselves or subcontracting the work, based on an agreed upon rate. Required power receptacles will be furnished by the City. The Vendor will work with the City’s IT Department to configure and implement application, design templates based on departmental needs, determine hardware requirements for each site, and develop a timeline for installation of signage hardware. 5. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and DETAILED SPECIFICATIONS Digital Signage Solution 20 RFP #01-22 maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $2,000,000 (two million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (SERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. d. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. 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 #01-22 DETAILED SPECIFICATIONS Digital Signage Solution 21 RFP #01-22 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Digital Signage Solution 22 RFP #01-22 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. February 1, 2022 through January 31, 2025. If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. PRICES. All pricing shall be firm for the term of the contract. RESPONSE ELEMENTS Digital Signage Solution 23 RFP #01-22 1. PROPOSAL SUBMISSION. It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For responses mailed and/or hand-delivered, firm must submit one (1) signed original (identified as ORIGINAL) response, five (5) copies of the response and one (1) copy in an electronic format, on a disc or thumb drive, in a sealed container using the label provided at the end of this solicitation. NOTE: If submitting proposals electronically, copies are not required. 2. PROPOSAL FORMAT (the following should be included and referenced with index tabs) NOTE: Every proposal received by the City will be considered a public record pursuant to Chapter 119, Florida Statutes. Any response marked confidential may be deemed non- responsive to this RFP. Table of Contents: Identify contents by tab and page number TAB 1 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the following information: a. The proposer’s understanding of the work to be performed. b. A positive commitment to perform the service within the time period specified. c. The names of key persons, representatives, project managers who will be the main contacts for the City regarding this project. TAB 2 – Demonstrated Experience and References. A statement of qualifications, abilities, experience and expertise in providing the requested services. The following information should be included: a. Company background including history of company, organizational structure, and product strategy. b. An assessment of the proposer’s abilities to meet and satisfy the needs of the City, taking into consideration the requested services, additional services and/or expertise offered that exceed the requirements, or the vendor’s inability to meet some of the requirements of the specifications. c. Identification of senior and technical staff to be assigned to the City. Staff named in the proposal may not be substituted without permission of the City. Resumes, including relevant experience may be included. d. References - A minimum of three (3) references for whom you have provided similar services installing and configuring cloud-based digital signage solutions within the past five (5) years. Include the name of entity, description of services provided, contact person’s name, phone number, e-mail address, mailing address, type of service provided, and dates the services were provided TAB 3 – Project Plan/Approach and Schedule. The following information should be included: a. A written description of your intended project approach to design, implement and install a customizable and scalable digital signage platform. The project approach should specifically address all items listed in Section 3 – Scope of Services of this RFP. b. Include a proposed schedule indicating when components of the process will be completed. TAB 4 - Cost of Services. The following information should be included: a. Total cost to complete the design, implement and install a customizable and scalable digital signage platform to include training. b. Support and Maintenance for initial three (3) years following installation/implementation. c. Support and Maintenance for minimum of five (5) years following initial three (3) year support. RESPONSE ELEMENTS Digital Signage Solution 24 RFP #01-22 TAB 5 - Other Forms. The following forms should be completed and signed: a. Exceptions/Additional Materials/Addenda form b. Vendor Information form c. Vendor Certification of Proposal form d. Scrutinized Companies form(s) as required e. E-Verify Eligibility form f. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Digital Signage Solution 25 RFP #01-22 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 Digital Signage Solution 26 RFP #01-22 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this 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 Digital Signage Solution 27 RFP #01-22 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 Digital Signage Solution 28 RFP #01-22 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _____________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. __________________________________________ Notary Public __________________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE SCRUTINIZED COMPANIES FORMS Digital Signage Solution 29 RFP #01-22 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. ______________________________________ Authorized Signature ______________________________________ Printed Name ______________________________________ Title ______________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _____________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. __________________________________________ Notary Public __________________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE E-VERIFY ELIGIBILITY FORM Digital Signage Solution 30 RFP #01-22 VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095. 2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees. 3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. 4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. The Contractor must maintain a copy of such affidavit. 6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ____________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Digital Signage Solution 31 RFP #01-22 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #01-22, Digital Signage Solution Due Date: December 2, 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 #01-22, Digital Signage Solution Due Date: December 2, 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 ------------------------------------------------ 1) 24-BIT, LLC 2) First Arriving, LLC 66 W Flagler St, Ste 900 9555 Kings Charger Dr., Ste K Miami, FL 33130 Ashland, VA 23005 954.406.1080 703.431.0224 3) Ground Support Labs 4) Toshiba America Business 560 Sylvan Ave, Ste 1000 Solutions, Inc Englewood Cliffs, NJ 07632 25530 Commercentre Dr. 201.987.4360 Lake Forest, CA 92630 Certified MBE 949.462.6000 5) Addaren Holdings, LLC dba WellVue365, LLC 714 N Bethlehem Pike, Ste 302 Lower Gwynedd, PA 19002 267.387.6029 ADVERTISED: TAMPA BAY TIMES 11/3/2021 POSTED:myclearwater.com 11/03/21-12/02/21 Due/Opening: December 2, 2021; 10:00 a.m. REQUEST FOR PROPOSAL No. 01-22 Digital Signage Solution Solicitation Response Listing FOR THE CITY OF CLEARWATER Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0241 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Authorize purchase orders to multiple vendors as listed, for various plumbing replacement and repair parts, in the cumulative annual not-to-exceed amount of $425,000.00 through the expiration of vendors respective term of contract or January 24, 2025, whichever comes first, pursuant to Clearwater Code of Ordinances Section 2.561(5) Small purchases, Section 2.563(1)(b) Micro purchases, and Section 2.563(1)(c) Piggyback purchasing and authorize the appropriate officials to execute same. (consent) SUMMARY: The Building and Maintenance Division (B&M) is responsible for repairs of plumbing issues citywide. B&M staff is requesting the ability to piggyback existing contracts for various plumbing projects throughout the City for the duration of their respective contract. This will allow B&M to benefit from previously negotiated prices for the various items required. Piggyback Contract: Pinellas County Schools (PCS) ITB 22-670-081, Plumbing Supplies valid through 01/24/2023 with two, one-year renewal options. ·Tampa Winsupply of Tampa, FL ·Ferguson Enterprises, Inc of Atlanta, GA Marion County Public Schools #3904GM, Plumbing Supplies valid through November 30, 2022 with three, one-year renewal options. ·Best Plumbing Specialties of Myersville, MD ·Ferguson Enterprises, LLC of Newport News, VA ·Home Depot USA Inc. dba The Home Depot Pro of Atlanta, GA ·Hydrologic Distribution Company of Pinellas Park, FL ·Total Maintenance Solutions South, Inc dba TMS South of Taylors, SC Small Dollar and Micro Purchases: ·Hughes Supply, Clearwater FL: for micro and small dollar purchases Additional vendors will be engaged as needed. Flexibility is requested to allow for expenditure of budgeted funds as needed throughout the year, in accordance with the intent of this general authorization. APPROPRIATION CODE AND AMOUNT: 5656531-550800 GSBM180008-R&M - MATLS These funds are available in the operating expense of Building & Maintenance as budgeted in Page 1 City of Clearwater Printed on 3/31/2022 File Number: ID#22-0241 fiscal year 21/22 as well as funding available in the project. Page 2 City of Clearwater Printed on 3/31/2022 Cut along the outer border and affix this label to your sealed bid envelope to identify it as a “Sealed Bid”. Be sure to include the name of the company submitting the bid where requested. SEALED BID • DO NOT OPEN SEALED BID NO.: 22-670-081 BID TITLE: Plumbing Supplies DUE DATE/TIME: November 30, 2021 @ 3:00 PM E.T. SUBMITTED BY: _______________________________________ (Name of Company) DELIVER TO: PURCHASING DEPARTMENT School Board of Pinellas County 301 Fourth Street S.W. Largo, FL 33770-3536 Please Note: Pinellas County Schools has partnered with Public Purchase, a web based eProcurement service. Public Purchase provides government agencies and their vendors with a comprehensive and easy to use web based eProcurement system. For our vendors, this eProcurement system provides you with automatic notification and transmittal of bid solicitations to vendors. Please visit www.publicpurchase.com to login and obtain any and all bidding documents Once you have opened and viewed the bid document from this website you will automatically receive an e-mail notifying you when an addendum has been issued. Any such addendum will be posted on the same website listed above. However, if you obtain our bidding documents from any other source, we cannot guarantee that you will automatically receive subsequent notifications of addendums by email. In order to assure that you are automatically notified, you must visit the above website and open and view the bid document. The district will not be responsible if you fail to receive any and all addendums if you obtain the original bid document from another source. The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting Page 1 of 43 SUBMIT BID TO: PURCHASING DEPARTMENT School Board of Pinellas County, Florida 301 – Fourth Street S.W. Largo, Florida 33770-3536 INVITATION TO BID BID TITLE: Plumbing Supplies BID NO. 22-670-081 F.O.B. Maintenance Department BUYER: Jason O'Toole DESTINATION Walter Pownall Service Center (727) 588-6232 POINT: 11111 S. Belcher Rd. ISSUE October 28, 2021 Largo, FL 33773 DATE: BID DUE DATE AND TIME: November 30, 2021 @ 3:00 PM E.T. BID OPENING ROOM: A318 SUBMITTALS: Certain Submittals are required with this bid. See the SUBMITTALS CHECKLIST found later in the bid document for details. Submit Two (2) complete copies (1 original & 1 copy) of your bid proposal. Each bid proposal should include all information and submittals requested in this bid. Incomplete bid proposals may be declared non-responsive. PURCHASING CARDS: Not applicable to this bid District personnel may choose to use a District Purchasing Card in place of a purchase order to make purchases from this bid. Unless exception to this condition is checked below, the bidder, by submitting a bid, agrees to accept the purchasing card as an acceptable form of payment and may not add additional service fees or handling charges to purchases made with the purchasing card. Refusal to accept this condition may cause your bid to be declared non-responsive. I do not accept the above condition PURCHASES BY OTHER PUBLIC AGENCIES (D.O.E. Regulation #6A1.012 (5): - With the consent and agreement of the successful bidder(s), purchases may be made under this bid by other governmental agencies within the state of Florida. Such purchases shall be governed by the same terms and conditions as stated herein. Note to Bidder: A. A signed bid submitted to the School Board obligates the bidder to all terms, conditions and specifications stated in this bid document, unless exceptions are taken and clearly stated in the bidder’s proposal. B. Bids received after the date & time specified will not be accepted. Delivery days after receipt of order: Date Submitted: Payment Terms BIDDER MUST FILL IN THE INFORMATION LISTED BELOW AND SIGN WHERE INDICATED FOR BID TO BE CONSIDERED Company Name: FEIN: Address: Telephone: ( ) - Ext. City, State: Zip: FAX: ( ) - NON COLLUSION: - The bidder, by affixing its signature to this proposal, certifies that its bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a bid for the same item(s), and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action. Signature of Owner or Authorized Officer/Agent E-mail: Typed Name of Above: Title: NO BID: I hereby submit a “no bid” for the reasons checked below: Insufficient time to respond Could not meet Insurance requirements Addenda were received too late to respond Could not meet bonding requirements Could not meet specifications We do not offer the product or service requested Specifications were unclear or restrictive Our schedule will not permit us to respond Terms & Conditions were unclear or restrictive We do not bid directly Keep our company on this bid list for future bids Remove our company name from this bid list for future bids PCS Form 3-852-A (Rev. 3/25/20) (22-081pr507bid.doc) Category Y GENERAL TERMS & CONDITIONS The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 2 of 43 1. PREPARATION OF BIDS: a) Bidder’s Liability: Bidders are expected to examine the specifications and all special and general conditions, requirements, and instructions. Negligence on the part of the bidder to make the necessary examinations and investigations, visit appropriate site locations and become familiar with ALL locations covered under this bid, or failure to fulfill, in every detail, the requirements of the contract documents, will not be accepted as a basis for varying the requirements of the district or for paying additional compensation to the contractor. Failure to do so is at the contractor’s risk. Failure to follow the instructions contained in the bid for completion of a bid response is cause for rejection of a bid. b) Submittal of Bids: BIDS SHALL BE SUBMITTED IN A SEALED ENVELOPE. The return address label provided with your bid invitation packet should be affixed to the outside of your envelope identifying it as a sealed bid. Any company not responding to this request with either a bid or a “NO BID” may be removed from the active bidders list. c) Receipt of Bids: The purchasing department is not responsible for timely delivery of the U.S. or private courier mail. The Bidder is responsible to allow adequate mailing time, including time for interoffice mail delivery, or to take appropriate alternate steps to assure that their bid is delivered to the purchasing department by the specified due date and time. LATE BIDS WILL BE REJECTED! d) Minimum Required Documents: The following documents must be returned with your bid proposal to be considered responsive: i) Completed Invitation To Bid form with original signature. (page 1) ii) Completed Bid Proposal form(s) iii) All items checked required on Submittals Checklist form included with the bid. e) Forms: All bids must be submitted on and comply with the bid forms provided. If additional space is required, the bidder may submit an attachment which will become part of the bid response. The Invitation to Bid Form 852-A must be signed by the owner or authorized officer/agent of the company submitting a bid or the bid will be rejected. Telegraph, Facsimile (FAX) or e-mail bids will not be considered a sealed bid. f) Quoted Prices: Prices are to be submitted in accordance with the quantities required, which appear in the bid invitation. Unit prices will prevail over extended totals whenever the extended amount is in conflict with the estimated quantity (x) the unit price. When a total group price of two or more distinct items is requested, the purchasing department reserves the right to verify mathematical extensions and totals, correct extensions and totals if necessary and recommend an award based upon the overall group total. g) Freight Terms: All items are to be bid FOB destination with all transportation charges prepaid and included in the bid prices and title transferring to the district at the time of delivery, unless otherwise stated in bid invitation. Any exceptions to these freight terms taken by the bidder must be clearly stated in the bidder’s proposal. The purchasing department will evaluate any such exceptions and determine if the exception constitutes grounds for rejection of the bidder’s proposal. h) Item Specifications: Specifications in this document may reference specific manufacturers’ products and list their model or part numbers, followed by the words “or equal” or “approved brands”. Unless the words “only” or “No Substitutes” is used in place of “or equal”, these references are intended to establish a quality and performance standard only. Anything listed, herein, of a proprietary nature is done so without express knowledge or intent to exclude other manufacturers’ products from consideration. i) Any item bid as an alternate which lacks sufficient descriptive literature or technical information to enable a complete comparative analysis, may prevent its consideration. ii) If the bidder does not clearly state in their bid proposal that an item proposed is an alternate to that specified, the bidder must furnish the specified item upon receipt of a purchase order or else be declared in breach of contract. i) Bid, Performance & Payment Security: When bid, performance and payment securities are required, the “Required” box will be checked on the Submittals Checklist form included with the bid. Detailed specifications will be included in the “Bid, Performance & Payment Security Guidelines” section of the bid. j) Insurance Certificate: When an insurance certificate is requested, the “Requested” box will be checked on the Submittals Checklist form included with the bid. Detailed specifications will be included in the “Insurance Specifications for Contractors” section of the bid. k) Product Certification: When product certification is requested, the bidder must submit a signed, notarized affidavit along with their bid attesting that the item meets all specifications requested. l) Proposal Organization: Bidders are expected to organize their bid proposals in such a manner as to facilitate the evaluation process. Bid proposals should be keyed or indexed to correspond with this bid solicitation. Responses should be correlated to the specific Submittal, Criterion, Section or Paragraph Number of the Invitation to Bid or Request for Proposal being addressed. District staff will make a reasonable effort to locate information in the bid proposals; however, failure to follow this suggested format may make location of critical submittal information difficult, possibly resulting in a loss of appropriate point credit or complete rejection of your bid proposal. 2. INQUIRIES/INFORMATION: Any questions by prospective bidders concerning requirements of this bid should be addressed to the buyer whose name appears on the front of the Invitation To Bid form or to individuals specifically named in the Special Conditions or Personnel Matrix sections of the bid. The buyer will assist vendors and answer questions to the best of his or her ability. Questions of a technical nature may be referred to other individuals by the buyer for an appropriate response as deemed necessary. Requests for interpretation of the bid or additional information should be communicated to the buyer in writing no later than seven (7) working days prior to the scheduled bid opening date. Requests for information relating to bids in process will be addressed without delay when such information has a material effect on the completion of your bid response. Every effort will be made to supply other requested information of a less critical nature, such as, lists of vendors solicited, prebid conference attendees, firms who have picked up plans and specifications, historical bid data or bid tabulations within (48) hours from receipt of a request. Vendors are encouraged to visit our Web site at the address shown below GENERAL TERMS & CONDITIONS The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 3 of 43 to obtain this information, or it may be obtained in person, but we respectfully request that you notify the buyer in advance at the telephone number listed on the Invitation to Bid form to allow him or her ample time to compile the information for you before you arrive. If you have Internet access, the following information is available from the Web sites listed below 24 hours per day, 7 days per week.. : Go to www.publicpurchase.com to obtain: • A copy of a bid packet for a contract or project currently out for bid and any associated addenda (This is a secured site and you must be registered in Public Purchase to access these documents.) Go to www.pcsb.org/purch to obtain: • The last price paid for an item(s) currently out for bid (when applicable); • Historical bid results; • A listing of bids scheduled for award at the next School Board meeting; • Historical bid award information; • A copy of a W-9 Form; • A listing of departmental personnel, with job titles, phone numbers and e-mail addresses; • A listing of buyers and their commodity assignments. • A listing of prebid conference attendees. 3. ACCEPTANCE AND WITHDRAWAL OF BIDS: A bid (or amendment thereto) will not be accepted by the purchasing department after the time and date specified for the bid opening, nor may a bid (or amendment thereto) which has already been opened in public be withdrawn by the bidder for a period of sixty (60) calendar days after the bid opening date and time, unless authorized by the purchasing department. By written request to the purchasing department, the bidder may withdraw from the bid process and ask to have their sealed bid proposal returned at any time prior to the closing date and time for the receipt of bid proposals. 4. AMENDMENT & CANCELLATION: The purchasing department reserves the right to cancel, recall and/or reissue all, or any part, of a bid or request for proposal, at any time. 5. SOLICITATION OF DISTRICT EMPLOYEES & ACCEPTANCE OF GRATUITIES: The district expressly prohibits bidders from making any offer of employment or any other offering of value to any employee of the district who is directly or indirectly involved in the development, solicitation or evaluation and subsequent recommendation for award of this bid. The only exception to this rule would be for items which bear product logos and other forms of advertising specifically intended for promotional purposes. 6. QUALIFICATIONS OF BIDDER: Bids will be considered only from contractors, manufacturers, authorized distributors or dealers who are normally engaged in the manufacture, sale or distribution of the materials or services requested herein. The bidder must have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the district. The purchasing department expressly reserves the right to reject any bid proposal if it determines that the business and technical organization, equipment, financial and other resources, or experience of the bidder, compared to work proposed, justifies such rejection. 7. CONFIDENTIALITY OF STUDENT RECORD INFORMATION: Student record information may be provided to vendors to enable them to respond to a sealed bid invitation or to a request for proposals, or to perform under a contract already awarded to them. Vendors are hereby notified that any such student record information must be kept strictly confidential and may not be released to any other person or entity without authorization, pursuant to FS. 228.093 and Rule 6A-1.0955, FAC. Failure to comply with this directive could result in civil liability. 8. NON COLLUSION: The bidder, by affixing its signature to this proposal, certifies that its bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a bid for the same item(s), and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action. 9. CONFIDENTIALITY OF INFORMATION SUBMITTED BY BIDDER: The district reserves the right to retain all copies of bidders’ proposals and associated documentation submitted. Under Chapter 119 F.S., (Florida’s Public Records Law) sealed bids or proposals received by the district pursuant to invitations to bid or requests for proposals may only be kept confidential until such time as the district provides notice of a decision or intended decision or until 30 days after the bid or proposal opening, whichever is earlier. If a vendor feels that public scrutiny of certain information contained in its bid proposal could be detrimental to its business, the vendor should identify the specific information in question and site the governing statute and section which exempts such material from public scrutiny. A general statement to hold its entire proposal in confidence will not be honored. If the information in question does not qualify for an exemption under Chapter 119 F.S., the vendor will have the option of withdrawing its request for confidentiality or withdrawing its entire bid proposal. 10. SUBCONTRACTING: The bidder must describe in their bid proposal, all responsibilities that the bidder anticipates assigning or subcontracting, identify all the subcontractors and also describe how the bidder will manage these subcontractors. The vendor will be held directly responsible and liable for the actions of all of its subcontractors and the actions of its subcontractors’ employees. 11. INTELLECTUAL PROPERTIES: Any discovery, invention or work product produced under this contract shall be the sole and exclusive property of the District. The bidder surrenders any and all claims of any kind, type or nature, including but not limited to patent rights, copyrights and rights in data, developed under this contract. 12. PUBLIC ENTITY CRIME & CONVICTED VENDOR LIST Per the provisions of Florida Statute 287.133 (d), “A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, GENERAL TERMS & CONDITIONS The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 4 of 43 Subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statute 287.017 for CATEGORY 3 for a period of 36 months from the date of being placed on the convicted vendor list”. 13. PROPOSAL PREPARATION COSTS: The costs to develop the bid proposal are entirely the responsibility of the bidder, and shall not be charged in any manner to the district. This includes, but is not limited to, the direct cost of the bidder’s personnel assigned to prepare the bidder’s response to this solicitation and any out-of-pocket expenses (including, but not limited to, travel, accommodation, supplies) incurred by the bidder in preparing their bid proposal. 14. VARIANCE TO BID DOCUMENTS: For the purpose of bid evaluation, bidders must clearly stipulate any or all variances to the bid documents or specifications, no matter how slight. If variations are not stated in the bidders’ proposal, it shall be construed that the bid proposal submitted fully complies in every respect with the bid documents. 15. ADDENDA TO BIDS IN PROCESS: Interpretations of the bid, clarification of bid specifications and requirements or changes to the bid which have a material effect will be documented and communicated to bidders only by written addenda. Verbal responses to bidders’ questions do not constitute an official response unless documented in the form of written addenda and shall be considered inadmissible in bid protest proceedings. All such written addenda should be acknowledged on the Addendum Acknowledgement Form or by returning a copy of the signed addendum along with your bid proposal as proof of receipt. Failure to acknowledge addenda containing material changes may constitute cause for rejection of your bid proposal. Telegraph, facsimile or e-mail acknowledgements of addenda will not be accepted. 16. FLORIDA STATE CONTRACTS & FLORIDA DEPARTMENT OF EDUCATION CONTRACTS: The purchasing department reserves the right to reject all bids and purchase from State contracts or FDOE contracts if to do so represents the best interests of the district. 17. SAFETY REQUIREMENTS: All items bid must comply with ALL applicable safety standards set by Federal, State and local regulations, OSHA & EPA guidelines, and any other laws and regulations that govern the item(s) or services requested in this bid. All electrically operated equipment shall be UL rated or approved. Corded equipment shall have a 3-wire grounded power cord or be double insulated and labeled as such. 18. MATERIAL SAFETY DATA SHEETS: The district requires that two (2) copies of all applicable Material Safety Data Sheets be furnished upon the initial purchase of any chemical or toxic substance or equipment which uses same. One (1) copy shall accompany the product shipment and the other copy must be sent to: Pinellas County School Board Risk Management Department, Attention Safety & Loss Coordinator, 301 Fourth Street S.W., Largo, FL. 33770-3536. 19. PURCHASE OF MATERIALS WITH RECYCLED CONTENT: The purchasing department will seek alternative bids, whenever possible, for select products containing recycled materials. Such products shall be purchased as long as all specifications are met and the price does not exceed an amount 10% more than the cost of comparable products made from 100% virgin materials. 20. MANUFACTURER’S CERTIFICATION: The purchasing department reserves the right to request a separate letter from the manufacturer of the products bid certifying that all statements and claims made in the bid proposal are true, and that all products bid meet or exceed the specifications stated in the bid documents. 21. BID QUANTITIES: Quantities listed in the bid are estimates provided for bidder information purposes only. No guarantee is given or implied as to the exact quantities which will be purchased from this bid. The district reserves the right to increase or decrease all estimated quantities during the term of this contract or to delete any item or items as it deems appropriate, without affecting the bid pricing or the terms and conditions of the bid. 22. METHODS OF AWARD: a) “By Item”: Each item in the bid will be awarded individually to the lowest responsive and responsible bidder. b) “All or None by Group, Section or Category”: The bid will be divided into Groups, Sections or Categories of similar types of items when it would be impractical to split the award to multiple vendors. Each Group, Section or Category will be awarded to the lowest responsive and responsible bidder in total. Bidders are required to bid all items within the Group, Section or Category in order to be considered for award of that Group, Section or Category. After bids are opened and tabulated, the purchasing department reserves the right to delete one or more items within a Group, Section or Category and recommend award of the balance of the items contained within that Group, Section or Category, if it is in the best interests of the district. c) “All or None” in total. d) “Primary & Secondary Suppliers or Contractors”. The bid is awarded to both a Primary and a Secondary supplier or contractor when it is critical to have a backup source of supply, or when it is anticipated that only one vendor cannot effectively handle the volume of business generated under the contract. In the event that the Primary supplier or contractor cannot perform in accordance with the district’s needs, the district reserves the right to use the Secondary supplier or contractor at its sole discretion. The Primary and a Secondary suppliers or contractors are defined as the two lowest Responsive and Responsible bidders. e) “Rotating Short List of Contractors”. The bid is awarded to a short list of Responsive and Responsible contractors, the number of which is pre-defined in the bid documents. The district will use a list of selection criteria to determine eligibility to make the short list. Project work is rotated through the short list as it is identified. Every effort is made to equitably distribute the workload amongst all contractors. GENERAL TERMS & CONDITIONS The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 5 of 43 23. DELIVERY LEAD TIME: Each bidder shall state the number of consecutive calendar days they require after receipt of order (A.R.O.) to either complete delivery or provide the requested services in the space provided on the Bid Proposal form. The length of time to complete a project and deliver all of the items ordered could be a factor in awarding this bid. If a finite number of days has been specified for delivery or project completion, this deadline must be met. If a finite number of days has not been specified in the bid and the bidder has not stipulated a specific lead time for delivery in their proposal, orders will be considered delinquent after 30 days from the issue date of the purchase order. 24. TAXES: Purchases are exempt from ALL Federal excise and most State sales tax. 25. FISCAL NON-APPROPRIATIONS CLAUSE: In the event sufficient budgeted funds are not available for a new fiscal period, the purchasing department shall notify the vendor of such an occurrence and the contract shall terminate on the last day of the current fiscal period without penalty or expense to the district. 26. BID SAMPLES: The bidder shall provide product samples, without charge, when requested. Criteria used to determine compliance with specifications include, but are not limited to: performance, delivery lead time, workmanship, fit and finish, compatibility with existing stock, and durability. If the sample is not consumed through testing, it will be returned to the bidder when said request is submitted with the bid. Unused samples will be returned at the bidder’s risk and expense. The successful bidders’ samples may be retained until all the terms of the purchase order or contract have been fulfilled. All samples are to be submitted at the place indicated in the Special Conditions section of the bid in accordance with the instructions outlined therein. 27. PROMPT PAYMENT DISCOUNTS: Only prompt payment discounts offered for thirty (30) days or longer will be taken into consideration when determining low bid. 28. TIE BIDS: Prompt payment discounts offered by bidders will be considered to break tie bids. If all other factors are equal and no prompt payment discounts are offered, preference will be given to a Florida resident vendor over an out-of-state vendor. If all vendors are Florida residents, a Pinellas County vendor will receive preference; if there is no Pinellas County vendor, preference will be given to the one closest to the Pinellas County School Administration Building, based upon mileage data provided by Mapquest.com. If all vendors reside out-of-state or all reside within Pinellas County, preference shall be given to a bid received from a business that certifies that it has implemented a drug-free workplace program in accordance with section 287.087, Florida Statutes. In order to receive preference, a signed certification of compliance must be submitted with the bid response. If all bids, or no bids include a certificate of compliance, the tie will be broken by a coin flip in the presence of witnesses. 29. ERRORS AND OMISSIONS: In the event a clerical error or obvious omission is discovered in a bidder’s proposal, either by the purchasing department or the bidder, the bidder may have the opportunity of withdrawing their bid, provided they can produce sufficient evidence to document that the error or omission was clerical in nature and unintentional. Copies of working papers, calculations, etc., may be requested at the purchasing department’s discretion, to support the validity of such a request. A bidder will not be allowed to change any information contained in its bid proposal; however, in the event of a minor omission or oversight on the part of the bidder, the purchasing department (or “designee”) may request written clarification from a bidder in order to confirm the district’s interpretation of the bidder’s response and to preclude the rejection of its bid, either in part or in whole. The purchasing department will have the authority to weigh the severity of the infraction and determine its acceptability. 30. BASIS OF AWARD OF BIDS: When price and specification compliance are the primary criteria for making the vendor selection, the Superintendent will recommend the lowest responsive and responsible bidder(s) to the Board. A "Responsive” Bidder is defined as one whose bid or proposal is in substantial conformance with the material requirements of the bid. A Bidder who substitutes its standard terms and conditions for the districts, or who qualifies its bid in such a manner as to nullify or limit its liability to the district may be considered non-responsive. A "Responsible" bidder is defined as one who is able to perform and satisfactorily fulfill the requirements described in the invitation to bid or request for proposal. The district may apply all, or any part of the following criteria to measure a Bidder’s degree of responsibility. • Size of firm • District’s past experience with firm • Financial status of firm • Capabilities of Management and Technical staff • Labor relations • Internal procedures of the firm • Capacity of the firm • Bonding capacity • Reputation of firm among its peers • Customer references • Service after the sale • Facilities and reserve facilities • Location of firm • Location of service facilities • Professional credentials When additional criteria other than price must be considered, a point system may be used to make the vendor selection, the Superintendent will then recommend the vendor receiving the highest point score to the Board. With Requests for Proposals, where a point and ranking system is used to make the vendor selection, the Superintendent will recommend the vendor ranked best to the Board. Slight variations or irregularities may be accepted by the Board if either is found to be in its best interest. The Superintendent (or designee) shall be solely responsible for determining the acceptability of a bid. 31. REJECTION OF BIDS: A bid may be rejected by the purchasing department if it is non-responsive or the bidder is determined to be not responsible. A bid is not officially rejected until the School Board takes official action. . The Board reserves the right to reject any or all bids received, but not for arbitrary or capricious reasons. GENERAL TERMS & CONDITIONS The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 6 of 43 32. NOTICE OF INTENT TO AWARD BIDS: Once bids are evaluated and a recommendation for award is received by the purchasing department, a Notice of Intent to Award will be posted on the purchasing department’s Web site @ www.pcsb.org/purch. For those who do not have Internet access, the notice will also be posted in a conspicuous location in the purchasing office located at the Largo Administration Building, 301 4th Street S.W., Largo, Florida. The recommendation for award is not official until this notice is posted. Intent to Award Notices are normally posted on or about the Monday two weeks preceding the Board meeting when the bid is scheduled for award. See the “Key Events & Dates” section of the Special Conditions for specific information. Occasionally a supplemental posting may occur after the regular Monday posting if it is essential to include the bid on the next Board agenda. This schedule may vary depending on the Board meeting schedule from month to month. Since this information is available as outlined above, the purchasing department will not mail or fax intent to award notices to all bidders. 33. BID PROTEST: If a bidder wishes to protest a bid, they must do so in strict accordance with the procedures outlined in FS 120.57(3). Copies of this procedure are included in the bid document and are also available @ www.pinellas.k12.fl.us/purch/bidaward.html or from the purchasing department at the Largo Administration Building Office, 301 4th Street S.W., Largo, FL 33770-3536. Any person who files an action protesting the bid specifications or a decision or intended decision pertaining to this bid pursuant to FS 120.57(3)(b), shall post with the purchasing department at the time of filing the formal written protest, a bond payable to the Pinellas County School District in an amount equal to 1 percent (1%) of the total estimated contract value, but not less than $500 nor more than $5,000, which bond shall be conditioned upon the payment of all costs which may be adjudged against the protester in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. In lieu of a bond, a cashier's check, certified bank check, bank certified company check, money order or U.S. currency will be acceptable form of security. If, after completion of the administrative hearing process and any appellate court proceedings, the district prevails, it shall recover all costs and charges which shall be included in the final order or judgment, including charges made by the Division of Administrative Hearings, but excluding attorney's fees. Upon payment of such costs and charges by the protester, the protest security shall be returned. If the protester prevails, he or she shall recover from the district all costs and charges which shall be included in the final order of judgment, excluding attorney's fees. 34. NOTIFICATION OF BID AWARD: After the Board awards a bid, the purchasing department will issue an official award letter, a purchase order, or both, which will authorize the bidder to commence delivering materials or providing services. 35. AUTHORIZATION TO PERFORM UNDER A CONTRACT: All purchases must be properly authorized in advance. Vendors must first obtain either a printed purchase order, a purchase order number or a purchasing card account number before commencing performance under a contract. Vendors shall take no directions to modify (increase, change, decrease, cancel) a purchase order, once issued, from anyone other than the buyer listed on the purchase order. Additional work must be authorized in advance by the buyer who will issue either a change order to the original purchase order or a supplemental purchase order. The vendor assumes all liability for any costs or damages incurred and payment will be denied for additional work if this procedure is not strictly followed. 36. PRESS RELEASES AND PUBLICITY: No announcements or news releases pertaining to the bidder’s participation in this bid or the award of this contract shall be made by the bidder, its representatives or agents without authorization from the purchasing department. 37. POINT OF CONTACT: The district will consider the selected bidder(s) to be the sole point of contact with regard to all contractual matters, including payment of any and all charges. 38. ASSIGNMENT OF CONTRACT: The final contract to be awarded and any resulting amounts to be paid shall not be transferred, pledged, or assigned without the prior written approval of the district. 39. LICENSES AND PERMITS: The vendor shall obtain and pay for all necessary licenses, permits, and related documents required to comply with the bid specifications. The vendor shall save and hold harmless the district as a result of any infraction of the aforementioned. 40. CONDITION OF ITEMS: Unless otherwise specified in the Special Conditions section of the bid, all items requested must be new, the latest model manufactured, first quality, carry the manufacturer’s standard warranty and be equal to or exceed the specifications listed in the bid. Bids for “used, remanufactured or reconditioned” equipment or “blems or seconds” will not be considered unless specifically requested in the bid documents. 41. INSPECTION: The district reserves the right to have inspectors on the premises of the bidders or manufacturers at any time during the manufacturing or assembly process to verify compliance with bid specifications. 42. PACKAGING: All products require adequate packaging to protect them from damage in transit. Packaging must fully cover and protect merchandise. Vendors must fully comply with all special packaging requirements, if and when specified in the bid document. When corrugated carton packaging is specified, poly wrap or blanket wrap will not be acceptable. Bidders are requested to provide products with environmentally safe packaging if at all possible. The district assumes no responsibility for damage of any kind incurred while the items are in transit. Bidders may adjust unit packaging up or down only when attempting to reach the next standard unit pack. Otherwise, only exact quantities requested will be accepted and no overages will be allowed. 43. PATENTS AND COPYRIGHTS: The bidder agrees to indemnify and save harmless the Board, its officers, agents and employees, from and against any and all claims and liabilities of any nature or kind, including without limitation attorneys’ fees and costs, for use of any copyrighted or non-copyrighted materials, secret process, patented or unpatented inventions, articles or appliances, furnished or used in performance of the contract for which the contractor is not the patentee, assignee or licensee. GENERAL TERMS & CONDITIONS The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 7 of 43 44. INDEMNIFICATION/HOLD HARMLESS AGREEMENT: Awarded bidders/bidders shall, in addition to any other obligation to indemnify The School Board of Pinellas County, Florida, and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the Board, its agents, officers, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: 1. Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the contractor, subcontractor, anyone directly or indirectly employed by any of them, of anyone for whose acts any of them may be liable in the performance of the work; or 2. Violation of law, statute, ordinance, governmental administrative order, rule or regulation by contractor in the performance of the work; or 3. Liens, claims or actions made by the contractor or any subcontractor or other party performing the work. The indemnification obligations hereunder shall not be affected by any limitation on the amount, type of damages, compensation or benefits payable by or for the contractor of any subcontractor under workers’ compensation acts; disability benefit acts; other employee benefit acts or any statutory bar. The bidder will carry comprehensive general liability insurance, including contractual and product liability coverage, with minimum limits acceptable to the Board, and will, at the request of the Board, supply certificates evidencing such coverage. This article will survive the termination of the Contract. 45. E-VERIFY: a) Pursuant to Section 448.095, F.S. (2020), Contractor shall use the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all employees hired during the term of this Agreement. b) Subcontractors i) Contractor shall require all subcontractors performing work under this Agreement to use the E-Verify system for any employees they may hire during the term of this Agreement. ii) Contractor shall also require all of its Subcontractors to provide to Contractor with an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined by Section 448.095, F.S. (2020). iii) Contractor shall provide a copy of such Subcontractor affidavits to the School Board upon receipt and shall maintain a copy for the duration of the Agreement. c) Contractor must provide to School Board evidence of compliance with Florida law regarding E-Verify during any initial procurement application phase or, if a current vendor, no later than December 10, 2020. Evidence may consist of, but is not limited to, providing notice of Contractor’s E-Verify number coupled with an affidavit that all of Contractor’s Subcontractors similarly comply with the law. d) Failure to comply with these provisions is a material breach of the Agreement, and School Board may choose to immediately terminate the Agreement at its sole discretion without penalty. Further, in accordance with Florida law, if School Board gains a good faith belief that Contractor and/or any of its Subcontractors are violating this or other applicable laws during the course of the performance of work under the Agreement, School Board may be required to terminate the Agreement. Under the circumstances described in this subsection D., Contractor is liable for all costs associated with School Board as a result of the termination of the Agreement, including but not limited to higher costs for the same services and costs of re-procurement. 46. STANDARDS OF CONDUCT Vendors awarded a contract will be held to the same standards of conduct as employees of the school district while conducting business with the district. These standards, as defined in School Board policies, will apply not only to employees of the vendor, but also to the employees of its subcontractors. 47. ITEM SUBSTITUTIONS & DISCONTINUATIONS: Under no circumstances may a vendor substitute a different product for any item they were awarded from this bid without prior approval from the purchasing department. In the event an awarded item is discontinued by the manufacturer or the vendor no longer offers the item in their product line during the term of this bid, the vendor must provide an acceptable substitute item at a mutually acceptable negotiated price, or risk being found in default. The vendor must file a written request with the purchasing department and be granted approval to substitute, in writing, before any substitution may be made. Requests to substitute should be accompanied by complete detailed, technical specifications for the proposed substitute item, and a sample, if requested. The district reserves the right to purchase on the open market while negotiations are being conducted. 48. RECEIPT OF MERCHANDISE & DELIVERY NOTIFICATION: The purchaser reserves the right to reject any and all materials or products delivered which, in its opinion, do not comply with the bid specifications, within 5 calendar days of receipt. All materials or products rejected by the purchaser shall be promptly removed and replaced by the vendor at no charge. All shipments are to be off-loaded from the delivery vehicle to the loading dock or brought inside the building if the facility has no loading dock. The exception will be for materials obviously intended for outdoor use. All shipments must be made by door-to-door rail freight or motor truck line. There are no rail sidings at any of our locations. Deliveries shall be made between the hours of 8:00 a.m. and 2:30 p.m., Monday through Friday, excluding holidays. Exceptions to this schedule will be stated in the Special Conditions or on the purchase order. For shipments which may require the assistance of district personnel to off-load merchandise, or when the purchase order specifies vendor installation, the person to whose attention the items are being shipped should be notified a minimum of forty-eight (48) hours prior to delivery to allow sufficient time to prepare the area. Telephone numbers are included on all purchase orders directly below the Ship-To Destination address for this purpose. 49. EQUIPMENT DEAD ON ARRIVAL (D.O.A.): Any product shipped which arrives inoperable or ceases to function within seven (7) business days of the initial installation shall be considered D.O.A. and shall be replaced by the vendor with a new product identical to the one ordered within 30 days of notification. GENERAL TERMS & CONDITIONS The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 8 of 43 50. RETURNED MERCHANDISE: All merchandise returned for any reason other than vendor error, vendor misrepresentation of product capabilities, or product defects may be subject to no more than a 15% restocking fee and return freight charges, negotiable between the district and the vendor. It is understood that merchandise should be returned in the original factory sealed carton whenever possible. The vendor shall provide a return merchandise authorization (RMA) without requiring a purchase order or credit card. The vendor shall ship replacement merchandise prior to receipt of returned merchandise, if applicable. 51. INVOICES AND PAYMENT TERMS: All invoices, packing lists, and correspondence should reference our purchase order number. Unless otherwise stated in the Special Conditions, payment will only be made after the merchandise or services have been: • Received complete or substantially complete; • Inspected and found to comply with all specifications and be free of damage or defect; • Properly invoiced. To ensure timely payment, all original invoices should be submitted to the Accounts Payable Department, Pinellas County School Board, PO Box 2942, Largo, FL., 33779-2942. A minimum of thirty (30) days is required for payment. Photocopies of original invoices may be sent to other district personnel if requested, but the original copies must be sent to the Accounts Payable Department. Only the Accounts Payable Department may direct you otherwise. Failure to follow this procedure may result in payment delays. Occasionally a school may issue its own internal purchase order. Invoices associated with a SCHOOL purchase order should be submitted directly to the school for payment. Do not send invoices associated with school purchase orders to the Accounts Payable Department. 52. BREACH OF CONTRACT AND TERMINATION FOR CAUSE: The District reserves the right to terminate this contract for cause which shall include without limitation the failure of the vendor to comply with any provision of this contract. Prior to the district terminating a contract, the Director of Purchasing will initiate an internal review of the case in which the vendor may be invited to participate. If after examining the facts surrounding the case, it is determined that sufficient grounds exist to declare the vendor in default, the Superintendent (or designee) shall provide the vendor written notice of default and termination, making specific reference to the provision(s) that gave rise to the breach. If the nature and scope of the breach would allow for a cure within 10 days, the notice shall inform the vendor of its right to cure the default within the ten (10) days following receipt of the notice. If the breach is not cured within said 10 day period, the Superintendent (or “designee”) shall serve a written notice of termination on the vendor, which shall become effective upon the vendor’s receipt of such notice. The failure of either party to exercise its rights shall not be considered a waiver of such rights in the event of any further breach or non-compliance. In the case of termination, only the portion of the contract satisfactorily performed before the date of termination will be due and payable to the vendor. If bid performance security was required with the bid, the district may elect to execute the performance security as liquidated damages. If bid performance security was not required, the bidder shall pay to the district, as liquidated damages, an amount equal to 5% of the total estimated value of the item(s) in question or $25, whichever amount is larger. If the bid pricing was expressed as a lump sum amount, then the amount due will be 5% of the remaining value of the contract. A vendor who fails to pay said liquidated damages within fifteen (15) days after notification that liquidated damages are due, shall lose eligibility to transact business with the district for a period of not less than one (1) year, but no more than two (2) years after the date of the default. Thereafter, the bidder may request to be reinstated to the active bidders list. Either party may terminate the contractual relationship between them, including the obligation for payments for goods or services not yet delivered, without cause by sending ninety (90) days written notice to the other party. 53. RENEWAL OF BIDS: Unless otherwise specified in the Special Conditions section, bids may be renewed for one (1) term equal to the original bid term, or for two (2) successive one (1) year periods, whichever is greater, under similar terms, conditions and specifications as the original bid. 54. ACCESS TO RECORDS: The District, a Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives shall have access to any books, documents, papers, and records of the bidder, contractor or subcontractor which are directly pertinent to this specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 55. ENERGY POLICY AND CONSERVATION ACT (Appendix II to 2 CFR 200): All vendors, contractors and subcontractors must comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. (42 U.S.C. 6201). (Applies to all contracts, subcontracts and subgrants when required by Federal grant program legislation). 56. EQUAL EMPLOYMENT OPPORTUNITY (Appendix II to 2 CFR 200 (C)): All vendors, contractors and subcontractors must comply with Executive Order 11246 of September 24, 1965, entitled ‘‘Equal Employment Opportunity,’’ as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (Applies to all construction contracts awarded in excess of $10,000 by the district and their contractors or subgrantees). (Applies to all contracts, subcontracts and subgrants when required by Federal grant program legislation). 57. COPELAND “ANTI-KICKBACK” ACT (Appendix II to 2 CFR 200): All vendors, contractors and subcontractors must comply with the Copeland ‘‘Anti-Kickback’’ Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3). (Applies to all contracts and subgrants for construction or repair). (Applies to all contracts, subcontracts and subgrants when required by Federal grant program legislation for construction or repair). 58. DAVIS-BACON ACT (Appendix II to 2 CFR 200 (D)): All vendors, contractors and subcontractors must comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a–7) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2000 awarded by grantees and sub-grantees when required by Federal grant program legislation). GENERAL TERMS & CONDITIONS The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 9 of 43 (Applies to construction contracts in excess of $2000 awarded by the district and subgrantees when required by Federal grant program legislation). (Applies to all contracts, subcontracts and subgrants when required by Federal grant program legislation for construction or repair in excess of $2000). 59. BYRD ANTI-LOBBYING AMENDMENT (Appendix II to CFR 200 (I)): All vendors, contractors and subcontractors that apply or bid an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (Applies to all contracts, subcontracts and subgrants when required by Federal grant program legislation over $100,000.) 60. CONTRACT WORK HOURS & SAFETY STANDARDS ACT (Appendix II to 2 CFR 200 (E) ): All vendors, contractors and subcontractors must comply with sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327–330) as supplemented by Department of Labor regulations (29 CFR part 5). (Applies to all construction contracts awarded by the district and subgrantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers). (Applies to all contracts, subcontracts and subgrants when required by Federal grant program legislation). 61. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT (Appendix II to 2 CFR 200 (F)): If the Federal award meets the definition of “funding agreement” under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties assignment or performance of experimental, developmental, or research work under that “funding agreement” the recipient must comply with the requirements of 37 CFR Part 401 “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. (Applies to all contracts, subcontracts and subgrants when required by Federal grant program legislation). 62. RECORDS RETENTION (2 CFR 200.318(i)): All vendors, contractors and subcontractors must retain all records pertaining to this contract for three years after the District makes final payments and all other pending matters are closed. (Applies to all contracts, subcontracts and subgrants when required by Federal grant program legislation) 63. CLEAN AIR AND WATER POLLUTION ACTS (Appendix II to 2 CFR 200 (G)): All vendors, contractors and subcontractors must comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 7401-7671q), and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). (Applies to contracts, subcontracts, and subgrants of amounts in excess of $150,000). (Applies to all contracts, subcontracts and subgrants when required by Federal grant program legislation for contracts over $150,000). 64. PROCUREMENT OF RECOVERED MATERIALS (CFR 200.322) A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the time exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 65. SCRUTINIZED COMPANIES: By submitting a bid any vendor/contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in Iran Petroleum Energy Sector List; has been placed on the Scrutinized Companies That Boycott Israel List or is engaged in a boycott of Israel or has been engaged in business operations in Cuba or Syria. In the event that it is subsequently determined that the vendor/contractor submitted a false certification, any contract resulting from this bid may be immediately terminated in accordance with FL Statute 287.135. 66. VARIANCE IN CONDITION: Any and all Special Conditions and specifications attached hereto which vary from these GENERAL TERMS and CONDITIONS, shall have precedence. SPECIAL CONDITIONS (4-852-a.dot) Rev . 04/21/10 The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 10 of 43 SCOPE The purpose and intent of this invitation to bid is to select suppliers to provide and deliver Plumbing Supplies to the Maintenance Department at Walter Pownall Service Center and other various locations county-wide, and to secure firm discounts to be deducted from the manufacturer’s list prices for the contract period. CONTRACT PERIOD The Contract Period shall commence on January 25, 2022, and end January 24, 2023. Prices and discounts shall remain firm for this period and shall include ALL freight and handling charges. CONTRACT VALUE For the purposes of calculating the amount of a protest bond, this contract is valued at approximately $400,000.00/year, excluding renewal options. This is only an estimate and the actual amount could vary up or down. The district will not be held responsible if actual purchases are less than this amount. BID CONTENT & SUBMITTAL Two (2) complete copies (1 original & 1 copy) of the bid proposal shall be submitted by respondents. Each bid proposal shall include all information and submittals required or requested in this bid. Incomplete bid proposals may be declared non-responsive. Please refer to the Submittal Checklist on page 38 for a list of required or requested submittals. AWARD This is NOT an “All or None” Bid. The award will be made by individual Category to the responsive and responsible bidder offering the highest discount. Items listed in the categories are for the sole purpose of quantifying the discount offered. The district reserves the right to delete any line item(s) within a category and award the balance of that category. RENEWAL OPTION By mutual consent of the School Board of Pinellas County, Florida, and the successful bidder, this contract may be renewed for two (2) additional one (1) year periods as long as price increases do not exceed the rate of inflation determined by the Consumer Price Index for urban wage earners and clerical workers, U.S. city average, all items (1982-84=100), published by the U.S. Bureau of Labor Statistics or any successor or substitute index appropriately adjusted from the commencement of the initial term of the contract to commencement of each extension period. If bidding discounts from list price, discounts offered may not change. SERVICE REQUIREMENTS If requested by the customer, the bidder must be prepared to provide a free demonstration of the equipment sold under this bid to acquaint the customer with its operation. PREFERENCE TO FLORIDA BUSINESSES Effective July 1, 2012, when a school district is required to make purchases of personal property through competitive solicitation and the lowest responsible and responsive bid, proposal or reply is by a vendor whose principal place of business is in a state or political subdivision which grants a preference by that state or political subdivision, then the school district shall award an equal preference to the lowest responsible and responsive vendor having a principal place of business within Florida. In a competitive solicitation in which the lowest bid is submitted by a vendor whose principal place of business is located outside the state, and that state does not grant a preference in competitive solicitation to SPECIAL CONDITIONS (4-852-a.dot) Rev . 04/21/10 The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 11 of 43 vendors having a principal place of business in that state, the preference to the lowest responsible and responsive vendor having a principal place of business in this state shall be 5 percent. See Section 287.084 (1)(a), F.S. A vendor whose principal place is outside this state must accompany any written bid, proposal or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts. See Section 287.084 (2), F.S. In order for your bid to be considered responsive, please utilize the form titled “Bidder’s Statement of Principal Place of Business”. NOTE: IF YOU ARE A VENDOR WHO’S PRINCIPAL PLACE OF BUSINESS IS NOT IN THE STATE OF FLORIDA, YOU MUST COMPLETE THIS FORM INCLUDING A SIGNATURE FROM AN ATTORNEY ATTESTING TO THE STATE BIDDING PREFERENCE. FAILURE TO COMPLETE AND SIGN THIS FORM WILL CAUSE YOUR BID TO BE CONSIDERED NON-RESPONSIVE. ADJUSTMENTS TO CONTRACT TERMS & CONDITIONS NECESSITATED BY VOLATILITY OF THE MARKETPLACE The district may, in its sole discretion, make an equitable adjustment in the contract terms and/or pricing if pricing or availability of supply are affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all of the following criteria: 1. The volatility is due to causes wholly beyond the vendor’s control 2. The volatility affects the marketplace or industry, not just the particular vendor’s source of supply 3. The effect on pricing or availability of supply is substantial 4. The volatility so affects the vendor that continued performance of the contract would result in substantial loss or financial hardship The determination as to whether a situation represents “extreme” volatility of the marketplace and/or whether the effect on pricing or availability is “substantial” shall be solely at the discretion of the district. Requests for adjustments will not be considered more than once in a 90-day period. MANUFACTURER PRICE LISTS Successful bidders shall have the option of either submitting a copy of the entire current price list for each manufacturer in their awarded categories, or may alternatively provide a copy of the applicable current price list page for each bid item at the time such item is requisitioned, but in any case prior to order placement. DISCONTINUED ITEMS / SUBSTITUTIONS Substitutions of product will only be considered when the manufacturer has discontinued the product, the product is obsolete, or the producer/manufacturer is having difficulties in the manufacture and/or delivery of the product. Awardee(s) are required to notify PCSB that the manufacturer’s item awarded is scheduled for discontinuance and will no longer be available for purchase. Awardee(s) are required to notify PCSB and must provide an approved substitute at the originally awarded price (OR) a price reduction based on technology advances in the market place or manufacturer of the item being substituted. The District reserves the right to compare pricing with other vendors. If such comparisons reveal that other vendors are selling the same replacement product for less, the district may purchase the product from a lower cost source. Vendor requests to offer substitute products for any item originally awarded on this bid shall be submitted in writing to the Purchasing Department and to the Maintenance Parts Foreman, Greg Arflack arflackg@pcsb.org, Maintenance Department (727) 547-7100, along with the following documentation: SPECIAL CONDITIONS (4-852-a.dot) Rev . 04/21/10 The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 12 of 43 • Proof that the manufacturer has discontinued the item and it is no longer available. • Complete technical specifications for the substitute product for consideration and approval by the district. The district must issue written acceptance before the vendor may ship any substitute product. Circumstances may warrant verbal acceptance by the Purchasing Department as needed with written acceptance thereafter. BACKGROUND SCREENING As required by The Jessica Lunsford Act [s.21 of Ch.2005-28, L.O.F.], if anyone representing a vendor under contract with the school district will have access to school grounds when students are present, have direct contact with students or have access to or control of school funds, such personnel are required to be screened at Level 2, to include fingerprinting, statewide criminal and juvenile justice records checks through the Florida Department of Law Enforcement and federal criminal records checks through the Federal Bureau of Investigation. [s. 1012.465, Florida Statutes] The requirements of this law must be met in order for the School Board to contract with your company. To make an appointment to be screened by Pinellas County Schools, go to: http://fieldprintflorida.com/ For a full submission (fingerprinting and badge) use code FPPCSVendors. For a badge only (badge replacement) use code FPPCSBadge. If Contractor/Vendor is awarded all or a portion of this bid, Contractor/Vendor hereby acknowledges and agrees to abide by the Florida Jessica Lunsford Act (1012.465, F.S.) and obtain, at its own cost, Level 2 clearance of all employees, agents, and subcontractors who (1) have access to school grounds when students are present, (2) have direct contact with students, on or off school grounds, or (3) have access to or control of school funds. COMPLIANCE WITH CURRENT LAW An amendment to the Safe Drinking Act known as S.3874 was passed by the U.S. Congress which requires that certain plumbing fittings and devices used for potable water, that are either newly installed or replaced, are to meet this change in the plumbing code by January 4, 2014. Any vendors that awarded categories under this bid affected by this legal requirement shall be expected to furnish plumbing items that are in compliance with this change in the code. NON-EXCLUSIVE AGREEMENT This bid does NOT establish an exclusive arrangement between the district and vendor. The district reserves, but is not limited to, the following rights: • The unrestricted right to use others to perform work, provide services or deliver the same or similar products as described herein when it is to the economic benefit of the district. • The unrestricted right to separately bid any work, products or services as described herein when it is to the economic benefit of the district. WARRANTY All equipment purchased from this bid shall carry the manufacturers’ standard warranty, unless otherwise specified. BUSINESS HOURS & DAYS OF OPERATION Regular School Year Days of operation are Monday thru Friday (excluding holidays) 8 a.m. to 4:30 p.m. Warehouse receiving 6:30 a.m. to 2 p.m. SPECIAL CONDITIONS (4-852-a.dot) Rev . 04/21/10 The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 13 of 43 Summer From approximately the 1st week of June thru the 1st week of August all schools are closed, with the exception of those that may be in summer session. Beginning the 2nd week of August, schools are once again in session. For more specific information call (727) 588-6143 to confirm if a school can accept deliveries. Days of operation are Monday thru Thursday as follows: • Administrative Facilities and Schools: 7:30 a.m. to 5:30 p.m. • Walter Pownall Service Center: 6:30 a.m. to 5 p.m. (receiving 6:30 a.m. to 4:30 p.m.) HOLIDAY BREAKS Each year, schools and administrative offices are closed for Thanksgiving, winter and spring break periods. Shipments cannot be accepted during these periods. These dates will vary each year depending upon our negotiated personnel calendar and when the Holidays actually fall. Thanksgiving, 2021 November 24 thru November 26, 2021 Winter Break, 2021: December 20 thru December 31, 2021 Spring Break, 2022: Schools: March 14 thru March 18, 2022 Administrative Offices: March 15 thru March 18, 2022 KEY EVENTS & DATES: • October 28, 2021 Bid notice e-mailed to prospective bidders & bidding documents posted on the www.publicpurchase.com • November 18, 2021 Last Day to request additional information or clarification • November 30, 2021 Proposals due in Purchasing @ 3 p.m. E..T. Public bid opening to follow immediately thereafter in Room A318, Purchasing Department, School Administration Building, 301 4th Street S.W., Largo, Florida. NOTE: The Largo Administration Building is now a secured building effective December 1, 2015 and visitor procedures have changed. Inform the officer at the front desk that you have a bid to be delivered to the Purchasing Department. The officer will call Purchasing and someone from the department will come to the front desk to date and time stamp your bid and provide a receipt. This process may take several minutes, so please allow sufficient time when hand delivering a bid submittal. • December 3 – 10, 2021 Evaluate bids and make selection of contractor(s) • December 14, 2021 Recommendation For Award Submitted to Purchasing by the Maintenance Department • *On or About 2nd Monday in January 2022 Notice of Intent to Award posted in the purchasing department and on the department’s Web site @ http://pcsb.org/Page/746 • *Fourth Tuesday in January 2022 Submit Recommendation for award to School Board for approval (estimated date of School Board approval) *If the time allotted to evaluate bids and make the selection of contractors as stated above proves to be insufficient, the posting of the Notice of Intent To Award and the Board approval date could both slip two weeks or more. Continue to SPECIAL CONDITIONS (4-852-a.dot) Rev . 04/21/10 The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 14 of 43 monitor our website or contact the purchasing department for more specific information as to when the notice will be posted. Additionally, the Board will not announce the December meeting date, or any future meeting dates, until their re-organization meeting on November 16, 2021. At that time, the December meeting date with the Notice of Intent to Award posting date will be posted on the Purchasing internet page at http://pcsb.org/Domain/187 ADDITIONAL QUESTIONS/CLARIFICATIONS Additional questions or clarifications regarding this Request for Proposal shall be directed in writing to the buyer listed on page 1 of this document by the end of the day listed on the Key Events & Dates table as the “Last Day to request additional information or clarification”. Direct questions and clarifications to: Jason O’Toole otoolej@pcsb.org REVIEW OF STATE CONTRACTS Prior to the release of this Invitation to Bid, a review of the State of Florida purchasing agreements was conducted to determine if their use would be economically advantageous to the District. BID OPENING PROCEDURES Please be aware that any meeting at which (1) there is negotiation with a vendor, (2) a vendor makes an oral presentation, or (3) a vendor answers questions, pursuant to a competitive solicitation, are closed to competitors and other members of the public. Team meetings at which negotiation strategies are discussed are likewise closed. Such meetings shall be recorded. The School Board’s practice of reviewing and disclosing pricing and other contents of bid proposals have changed in accordance with recent changes in the law. At bid openings, district personnel will only reveal the names of the bidders, unless the bid or proposal is a competitive solicitation for construction or repairs on a building, then the name of each bidder and price submitted shall be read at a public bid opening per F.S. 255.0518. The recordings and bid proposals shall be exempt from public records requests until such time as the notice of an intended decision is published or until 30 days after opening the bids, proposals, or final replies, whichever occurs earlier. If the School Board rejects all bids, proposals, or replies and concurrently provides notice of its intent to reissue a competitive solicitation, the recordings and any records presented at the exempt meeting remain exempt from public records requests until such time as the School Board provides notice of an intended decision concerning the reissued competitive solicitation or until the School Board withdraws the reissued competitive solicitation. A recording and any records presented at an exempt meeting are not exempt for longer than 12 months after the publication of the initial notice rejecting all bids, proposals, or replies. Section 119.071(1)(b), F.S.; and Section 286.0113, F.S. PUBLIC RECORD LAW Public Records: Section 119.0701, Florida Statutes, requires that the Contractor comply with Florida’s public records laws with respect to services performed on behalf of the School Board. Specifically, the statute requires that the Contractor: a. Keep and maintain public records required by the School Board to perform the service. b. Upon request from the School Board’s custodian of public records, provide the School Board with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 of the Florida Statutes or as otherwise provided by law. SPECIAL CONDITIONS (4-852-a.dot) Rev . 04/21/10 The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 15 of 43 c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the term of this Agreement and following completion of the Agreement if the Contractor does not transfer the records to the School Board. d. Upon completion of the Agreement, transfer, at no cost, to the School Board all public records in the possession of the Contractor or keep and maintain public records required by the School Board to perform the service. If the Contractor transfers all public records to the School Board upon completion of the Agreement, 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 this Agreement must be made directly to the School Board. If the School Board 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 School Board or allow the records to be inspected or copied within a reasonable time. f. The failure of the Contractor to comply with these provisions, if applicable, shall constitute a default and material breach of this Agreement, which may result in immediate termination, with no penalty to the School Board and may also result in penalties under Section 119.10, Florida Statutes. g. 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 AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, ANGELA BROWN, SUPERVISOR OF RECORDS MANAGEMENT AT 727- 793-2701 X 2393, 2929 COUNTY ROAD 193, CLEARWATER, FL 33759, brownangel@pcsb.org. INTEGRITY OF BID DOCUMENTS Bidders shall use the original Bid Proposal Forms provided by the Purchasing Department and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the Bid Proposal Form if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original bid documents by the bidder, whether intentional or otherwise, will constitute grounds for rejection of a bid. Any such modifications or alterations that a bidder wishes to propose must be clearly stated in the bidder’s proposal response and presented in the form of an addendum to the original bid documents. EXCEPTIONS TO GENERAL TERMS AND CONDITIONS Bidders taking any exceptions to the General Terms and Conditions, pages 2-8 of this document, will be reviewed by staff prior to evaluation of bids. Exceptions to the General Terms and Conditions may be cause for rejection of your bid. FILLABLE BID FORMS For your convenience, some of the forms which must be completed and submitted along with your bid proposal will be posted along with the bid document on the district website in a protected Word file format which will enable you to type your responses on the forms. The file will be named 22-081bidforms. Please use these forms to avoid the need to hand write information. If sufficient room has not been provided on the form to enable you to enter a complete response, please include a supplemental attachment if necessary. Please note that this file may not include all the forms that should be submitted with your bid proposal so please check the Submittals Checklist near the end of this document for a complete list of requested and required submittals. BID CATEGORIES The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 16 of 43 Below is a listing of category numbers and a general description of items contained in the categories. This listing is for informational purposes only. Actual manufacturers and their applicable discounts will be entered on Bid Proposal Forms, pages 17-35, by the bidder. Items listed in the Bid Proposal Forms are a random sampling of what we purchase and are solely for the purpose of determining the low bidder. Bidders are to enter all bid prices & discounts in the areas where indicated. Awarded bidders are to provide copies of applicable list price pages for items prior to order placement. **Note: Unless specifically noted by the bidder each discount that is bid for a particular manufacturer and category shall be presumed to apply to all items that would be ordered within that general category, and will be considered firm for the life of the bid. Category Numbers General Description of Categories Category No. 1 PVC Pipe, Schedule 40 & DWV Category No. 2 PVC Pipe Fittings, Schedule 40 & DWV Category No. 3 Copper Pipe, Type-L Category No. 4 Copper Pipe Fittings Category No. 5 Soft Copper Tubing Category No. 6 Dialectic Unions Category No. 7 Toilet Seats Category No. 8 Toilets & Urinals Category No. 9 Lavatory Sinks & Accessories Category No. 10 Classroom Sinks Category No. 11 Bubblers Category No. 12 Water Coolers & Fountains Category No. 13 Commercial Water Heaters Category No. 14 Thermostats Category No. 15 Solid Interceptors Category No. 16 Faucets Category No. 17 Spuds Category No. 18 Angle Stops Category No. 19 Fernco Adapters Category No. 20 Metal Traps & Tailpieces Category No. 21 Sloan Valves & Parts Category No. 22 Sillcocks Category No. 23 Plastic Traps & Tailpieces Category No. 24 Ball Valves Category No. 25 CPVC Pipe and Fittings Category No. 26 Threaded Brass Nipples and Fittings Category No. 27 Check Valves Category No. 28 Escutcheons Category No. 29 Boiler Drains Category No. 30 Brass Plugs Category No. 31 Solder & Flux Category No. 32 Closet Supplies Category No. 33 Water Filters Category No. 34 Sewer Vents Category No. 35 Mechanical Joint Couplings Category No. 36 Miscellaneous BID PROPOSAL FORM The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 17 of 43 Category 1 Manufacturer Bid Discount Offered Price List Used Price List Effective Date PVC Pipe Schedule 40 & DWV % Terms Item Number Description Estimated Annual Usage Unit List Price Extended Total 67069505 PVC Pipe-½”x 20’ w/belled end 2000 Each $ $ 67069510 PVC Pipe-2”x 20’ w/belled end 200 Each $ $ Category List Price Total $ Less Discount $ Net Category Total $ Category 2 Manufacturer Bid Discount Offered Price List Used Price List Effective Date PVC Pipe Fittings Schedule 40 & DWV % Terms Item Number Description Estimated Annual Usage Unit List Price Extended Total 67073971 PVC Coupling, 1-1/2” DWV 40 $ $ 67073950 PVC ¼-Bend, 1-1/4” DWV 20 $ $ 67073958 PVC Female Adapter, 2” DWV 10 $ $ 67073823 PVC Street 1/8 Bend, 3” DWV 60 $ $ 67073869 PVC 2-Way Cleanout, 4” DWV 20 $ $ 67073998 PVC Cap, 6” DWV 5 $ $ Category List Price Total $ Less Discount $ Net Category Total $ BID PROPOSAL FORM The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 18 of 43 Category 3 Manufacturer Bid Discount Offered Price List Used Price List Effective Date Copper Pipe Type-L % Terms Item Number Description Estimated Annual Usage Unit List Price Extended Total 67069505 Copper Pipe, Type-L, ½”ID x 20’ 1200 Each $ $ 67070506 Copper Pipe, Type-L, 1-1/2” ID x 20’ 400 Each $ $ Category List Price Total $ Less Discount $ Net Category Total $ Category 4 Manufacturer Bid Discount Offered Price List Used Price List Effective Date Copper Pipe Fittings % Terms Item Number Description Estimated Annual Usage Unit List Price Extended Total 67070151 Copper Cap, ½” 100 $ $ 67070174 Copper Coupling, ¾” 150 $ $ 67070240 Copper Elbow, 1” 90-degree 200 $ $ 67070305 Copper Elbow, 1-1/4” 45-degree 20 $ $ 67070510 Copper Strap, ½” 100 $ $ 67070518 Copper Tee, ½” CXC 100 $ $ 67070575 Copper Union, 2” 20 $ $ Category List Price Total $ Less Discount $ Net Category Total $ BID PROPOSAL FORM The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 19 of 43 Category 5 Manufacturer Bid Discount Offered Price List Used Price List Effective Date Soft Copper Tubing % Terms Item Number Description Estimated Annual Usage Unit List Price Extended Total 67070894 Copper Tubing, ¼” OD, (50’/roll) 5 Rolls $ $ 67070896 Copper Tubing, 3/8” OD, (50’/roll) 20 Rolls $ $ Category List Price Total $ Less Discount $ Net Category Total $ Category 6 Manufacturer Bid Discount Offered Price List Used Price List Effective Date Dialectic Unions Domestic Only % Terms Item Number Description Estimated Annual Usage Unit List Price Extended Total 67073766 Union, Dielectic, ¾” Thread to Solder 60 $ $ 67073769 Union, Dielectic, 1-1/2” Thread to Solder 30 $ $ Category List Price Total $ Less Discount $ Net Category Total $ BID PROPOSAL FORM The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 20 of 43 Category 7 Manufacturer Bid Discount Offered Price List Used Price List Effective Date Toilet Seats % Terms Item Number Description Estimated Annual Usage Unit List Price Extended Total 67073210 Toilet Seat, Black Bemis #1955C-047 180 $ $ 67073212 Toilet Seat, White Bemis #1955CT-000 36 $ $ Category List Price Total $ Less Discount $ Net Category Total $ Category 8 Manufacturer Bid Discount Offered Price List Used Price List Effective Date Toilets & Urinals % Terms Item Number Description Estimated Annual Usage Unit List Price Extended Total 67073631 Toilet Bowl, 1-1/2” w/top-spud American Standard 2234.001 or Kohler K-4406 40 $ $ 67073213 Toilet Bowl, Handicap, W/top spud American Standard 3043.001 or Kohler K-4405 36 $ $ 67073792 Urinal, wall-mount, American Standard 6501.012 or Kohler K-4972-ET 12 $ $ Category List Price Total $ Less Discount $ Net Category Total $ BID PROPOSAL FORM The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 21 of 43 Category 9 Manufacturer Bid Discount Offered Price List Used Price List Effective Date Lavatory Sinks & Accessories % Terms Item Number Description Estimated Annual Usage Unit List Price Extended Total 67072970 Lavatory (PO) Grid Drain Chrome, Maguire #155-A 180 $ $ Wall Hung Sink, china, American Standard 0356.041 or Kohler K-2007 100 $ $ Category List Price Total $ Less Discount $ Net Category Total $ Category 10 Manufacturer Bid Discount Offered Price List Used Price List Effective Date Classroom Sinks % Terms Item Number Description Estimated Annual Usage Unit List Price Extended Total 67072802 Sink, Stainless Steel, 2-hole (1-left, 1-right), w/screw-down type J-clips Just CRA-1725-A-GR or Elkay DRKR2517 25 $ $ Category List Price Total $ Less Discount $ Net Category Total $ BID PROPOSAL FORM The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 22 of 43 Category 11 Manufacturer Bid Discount Offered Price List Used Price List Effective Date Bubblers % Terms Item Number Description Estimated Annual Usage Unit List Price Extended Total 67072050 Bubbler, w/flange, Central Brass #0361 or Elkay #LK142 96 $ $ 67072051 Bubbler, Deck-mount, Central Brass #364L or Elkay #LK1141-A 70 $ $ 67072052 Bubbler, w/o lock-nut, plastic, Elkay #51349C 70 $ $ Category List Price Total $ Less Discount $ Net Category Total $ Category 12 Manufacturer Bid Discount Offered Price List Used Price List Effective Date Water Coolers & Fountains % Terms Item Number Description Estimated Annual Usage Unit List Price Extended Total 67074402 Water Cooler, Free-stand Elkay #EFA-14 12 $ $ 67074403 Water Cooler, wall-mount, galvanized, Elkay #OFHFAVR8S12 18 $ $ 67074406 Water Cooler, Handicap, Stainless-steel Elkay #VRC8S 14 $ $ Category List Price Total $ Less Discount $ Net Category Total $ BID PROPOSAL FORM The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 23 of 43 Category 13 Manufacturer Bid Discount Offered Price List Used Price List Effective Date Commercial Water Heaters % Terms Item Number Description Estimated Annual Usage Unit List Price Extended Total 67074357 Water Heater, Natural gas, AO Smith #BTH199; State #SUF 100 199 NE; Bradford #EF-100T-199 3 $ $ 67074358 Water Heater, Natural gas, ASME AO Smith #BTR 200A; State #SBN 100200 NESA; Bradford #EF-100T-199E-3NA 5 $ $ Category List Price Total $ Less Discount $ Net Category Total $ Category 14 Manufacturer Bid Discount Offered Price List Used Price List Effective Date Thermostats % Terms Item Number Description Estimated Annual Usage Unit List Price Extended Total 67074421 Thermostat, Lower water-heater, Presto #59T4000 10 $ $ 67074422 Thermostat, Upper water- heater, Presto #66T-4100 10 $ $ Category List Price Total $ Less Discount $ Net Category Total $ BID PROPOSAL FORM The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 24 of 43 Category 15 Manufacturer Bid Discount Offered Price List Used Price List Effective Date Solid Interceptors % Terms Item Number Description Estimated Annual Usage Unit List Price Extended Total 67073834 Solid Interceptor, Zurn #Z1180 5 $ $ Category List Price Total $ Less Discount $ Net Category Total $ Category 16 Manufacturer Bid Discount Offered Price List Used Price List Effective Date Faucets % Terms Item Number Description Estimated Annual Usage Unit List Price Extended Total 67072299 Faucet, hot or cold, Zurn #86300-7M 200 $ $ 67072304 Faucet, Double-pantry, Zurn #826A1 50 $ $ 67072305 Faucet, Center-set, w/4”spread. Zurn #81101 60 $ $ 67072306 Faucet, Single-pantry, Zurn #825B1 145 $ $ Category List Price Total $ Less Discount $ Net Category Total $ BID PROPOSAL FORM The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 25 of 43 Category 17 Manufacturer Bid Discount Offered Price List Used Price List Effective Date Spuds Domestic Only % Terms Item Number Description Estimated Annual Usage Unit List Price Extended Total 67073411 Spud, 1-1/2 100 $ $ 67073413 Spud, Closet, 1-1/2 x 1-1/4 20 $ $ 67073418 Spud, Urinal, ¾ x 1 40 $ $ Category List Price Total $ Less Discount $ Net Category Total $ Category 18 Manufacturer Bid Discount Offered Price List Used Price List Effective Date Angle Stops % Terms Item Number Description Estimated Annual Usage Unit List Price Extended Total 67073480 Angle-stop, ½”x 3/8”OD, threaded. 20 $ $ 67073479 Angle-stop, 3/8”x 5/8”OD, Comp. 20 $ $ 67073483 Straight-stop, ½”x 3/8”OD, comp. 70 $ $ Category List Price Total $ Less Discount $ Net Category Total $ BID PROPOSAL FORM The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 26 of 43 Category 19 Manufacturer Bid Discount Offered Price List Used Price List Effective Date Fernco Adapters % Terms Item Number Description Estimated Annual Usage Unit List Price Extended Total 67070781 Adapter, Fernco #1056-33 3”C/I Plastic x 3” C/I Plastic 130 $ $ 67070789 Adapter, Fernco #1056-22 2”C/I Plastic x 2”C/I Plastic 170 $ $ 67070807 Adapter, Fernco #1056-44 4”C/I Plastic x 4”C/I Plastic 130 $ $ TBD Adapter, Fernco TC 150 75 $ $ Category List Price Total $ Less Discount $ Net Category Total $ Category 20 Manufacturer Bid Discount Offered Price List Used Price List Effective Date Metal Traps & Tailpieces % Terms Item Number Description Estimated Annual Usage Unit List Price Extended Total 67073711 P-Trap 1-1/4-17ga W/O Cleanout MCGR #8872 500 $ $ 67073712 P-Trap 1-1/2-17ga w/o Cleanout MCGR #8312 70 $ $ 67073520 Tailpiece, Extension w/Nut 1-1/4"X 12, 20ga 70 $ $ 67073530 Tailpiece, Threaded 2-Ends 1-1/4”X12, 20ga 100 $ $ 67073531 Tailpiece, Extension W/Nut 1-1/2” X12, 20ga 90 $ $ 67073532 Tailpiece, Threaded 2-Ends 1-1/2”X12, 20ga 20 $ $ Category List Price Total $ Less Discount $ Net Category Total $ BID PROPOSAL FORM The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 27 of 43 Category 21 Manufacturer Bid Discount Offered Price List Used Price List Effective Date Sloan Valves & Parts % Terms Item Number Description Estimated Annual Usage Unit List Price Extended Total 67074008 Valve, Sloan # 180 30 $ $ 67074015 Valve, urinal, Sloan # 186 30 $ $ 67074010 Valve, closet, Sloan # 110 180 $ $ 67074090 Valve handle assembly, Sloan # B32A 280 $ $ 67074091 Vacuum breaker w/tailpiece 1-1/2”x 9” Sloan # V500A 30 $ $ TBD Valve rebuild kit, urinal 1.5 Sloan # R-1002-A 130 $ $ TBD Valve rebuild kit, closet 1.6 Sloan #R-1004-A 150 $ $ TBD Valve rebuild kit, closet 3.5 Sloan #R-1003-A 100 $ $ Category List Price Total $ Less Discount $ Net Category Total $ Category 22 Manufacturer Bid Discount Offered Price List Used Price List Effective Date Sillcocks % Terms Item Number Description Estimated Annual Usage Unit List Price Extended Total 67072150 Sillcock, brass, ½”, w/T-key Woodford # 24P-RB with vacuum breaker 100 $ $ 67072151 Sillcock, brass, ¾”, w/T-key Woodford # 24P-RB with vacuum breaker 80 $ $ Category List Price Total $ Less Discount $ Net Category Total $ BID PROPOSAL FORM The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 28 of 43 Category 23 Manufacturer Bid Discount Offered Price List Used Price List Effective Date Plastic Traps & Tailpieces % Description Estimated Annual Usage Unit List Price Extended Total TBD 1-1/2” PVC master 50 $ $ TBD 1-1/4” PVC master 50 $ $ TBD 1-1/2” x 12” Tailpiece extension w/nuts PVC both ends 35 $ $ Category List Price Total $ Less Discount $ Net Category Total $ Category 24 Manufacturer Bid Discount Offered Price List Used Price List Effective Date Ball Valves Domestic Only % Terms Item Number Description Estimated Annual Usage Unit List Price Extended Total 67027628 Valve, ball, ¾”, w/handle, 130 $ $ 67027629 Valve, ball, 1”, w/handle, 20 $ $ 67027630 Valve, ball, 1-1/4” w/handle 15 $ $ 67027632 Valve, ball, 1-1/2”w/handle 10 $ $ 67027634 Valve, ball, 2”, w/handle 15 $ $ 67070644 Valve, ball, 3”, w/handle 10 $ $ Category List Price Total $ Less Discount $ Net Category Total $ BID PROPOSAL FORM The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 29 of 43 Category 25 Manufacturer Bid Discount Offered Price List Used Price List Effective Date FlowGuard CPVC Pipe & Fittings % Terms Item Number Description Estimated Annual Usage Unit List Price Extended Total TBD ½” x 10’ CTS FlowGuard Gold CPVC pipe 50 $ $ TBD 1-1/2” x 10’ CTS FlowGuard Gold CPVC pipe 20 $ $ TBD ¼ -pint FlowGuard Gold One-Step cement 20 $ $ TBD ¾” x ¾” x ½” FlowGuard CPVC tee 100 $ $ TBD 1-1/2” FlowGuard CPVC ell 200 $ $ TBD 1” FlowGuard brass/CPVC male adapter 50 $ $ TBD ¾” FlowGuard brass/CPVC male adapter 100 $ $ TBD ¾” Sioux Chief 648-C3FP Ball Valve CPVC Connections 30 $ $ Category List Price Total $ Less Discount $ Net Category Total $ BID PROPOSAL FORM The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 30 of 43 Category 26 Manufacturer Bid Discount Offered Price List Used Price List Effective Date Threaded Brass Nipples & Fittings Sch 40 % Terms Item Number Description Estimated Annual Usage Unit List Price Extended Total TBD ¾” x close threaded brass nipple 50 $ $ TBD 2” x 6” threaded brass nipple 100 $ $ TBD ¾” x ½” threaded brass bushing 50 $ $ TBD 1-1/2” brass 90-degree elbow (banded) 30 $ $ TBD 3/8” threaded brass plug 30 $ $ Category List Price Total $ Less Discount $ Net Category Total $ Category 27 Manufacturer Bid Discount Offered Price List Used Price List Effective Date Check Valves Domestic Only % Terms Item Number Description Estimated Annual Usage Unit List Price Extended Total 67068850 Valve, swing-check, ½”, Hammond # IB904 16 $ $ 67070620 Valve, swing-check, 2”, Hammond # IB904 10 $ $ Category List Price Total $ Less Discount $ Net Category Total $ BID PROPOSAL FORM The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 31 of 43 Category 28 Manufacturer Bid Discount Offered Price List Used Price List Effective Date Escutcheons % Terms Item Number Description Estimated Annual Usage Unit List Price Extended Total 67073710 Escutcheon, 1-1/4”OD 100 $ $ 67073713 Escutcheon, ½” OD shallow 50 $ $ 67073714 Escutcheon, ½” IPS 50 $ $ 67073796 Escutcheon, ½” IPS split 50 $ $ Category List Price Total $ Less Discount $ Net Category Total $ Category 29 Manufacturer Bid Discount Offered Price List Used Price List Effective Date Boiler Drains % Terms Item Number Description Estimated Annual Usage Unit List Price Extended Total 67072270 Boiler drain, ½”, Nibco #74CL 10 $ $ 67072271 Boiler drain, 3/4”, Nibco #74CL 20 $ $ Category List Price Total $ Less Discount $ Net Category Total $ BID PROPOSAL FORM The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 32 of 43 Category 30 Manufacturer Bid Discount Offered Price List Used Price List Effective Date Brass Plugs DWV Domestic Only % Terms Item Number Description Estimated Annual Usage Unit List Price Extended Total 67072919 Brass Plug, 2” Cleanout 40 $ $ 67072920 Brass Plug, 2-1/2” Casper 15 $ $ 67072921 Brass Plug, 3” Casper 40 $ $ 67072922 Brass Plug, 3-1/2” 30 $ $ 67072923 Brass Plug, 4” Raised Head 20 $ $ Category List Price Total $ Less Discount $ Net Category Total $ Category 31 Manufacturer Bid Discount Offered Price List Used Price List Effective Date Solder & Flux % Terms Item Number Description Estimated Annual Usage Unit List Price Extended Total 67073265 Solder sticks, 15% Silver 20 $ $ 67073267 Solder, 95/5 30 $ $ 67073268 Solder, Lead-free, 97/3 50 $ $ 67073269 Flux, Soldering Paste 20 $ $ Category List Price Total $ Less Discount $ Net Category Total $ BID PROPOSAL FORM The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 33 of 43 Category 32 Manufacturer Bid Discount Offered Price List Used Price List Effective Date Water Supplies % Terms Item Number Description Estimated Annual Usage Unit List Price Extended Total 67073496 Closet Supply, 20”x 3/8” Comp. 600 $ $ TBD Lavatory Supply, 12” long ½ FIP x 3/8” Comp. , soft cone, SS, Fluidmaster 300 $ $ TBD Lavatory Supply, 20” long ½ FIP x 3/8” Comp., soft cone, SS, Fluidmaster 300 $ $ Category List Price Total $ Less Discount $ Net Category Total $ Category 33 Manufacturer Bid Discount Offered Price List Used Price List Effective Date Water Filters % Terms Item Number Description Estimated Annual Usage Unit List Price Extended Total 67073743 Water Filter, Aqua-Pure AP-717 100 $ $ 67073764 Water Filter, Aqua-Pure AP-110 6 $ $ Category List Price Total $ Less Discount $ Net Category Total $ BID PROPOSAL FORM The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 34 of 43 Category 34 Manufacturer Bid Discount Offered Price List Used Price List Effective Date Sewer Vents % Terms Item Number Description Estimated Annual Usage Unit List Price Extended Total 67074250 Sewer Vent, Mini-Auto, 1-1/2”- 2” 80 $ $ 67074251 Sewer Vent, Maxi-Auto, 3”- 4” 32 $ $ Category List Price Total $ Less Discount $ Net Category Total $ Category 35 Manufacturer Bid Discount Offered Price List Used Price List Effective Date Mechanical Joint Couplings % Terms Item Number Description Estimated Annual Usage Unit List Price Extended Total 67068133 Coupling, Mechanical-Joint, Galvanized, 2”x 6” 30 $ $ 67068134 Coupling, Mechanical-Joint, Galvanized, 3”x 6” 30 $ $ 67068067 Coupling, Mechanical-Joint, Galvanized, 4”x 6” 20 $ $ Category List Price Total $ Less Discount $ Net Category Total $ BID PROPOSAL FORM The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 35 of 43 Category 36 Miscellaneous Terms Item Number Description Manufacturer Bid Estimated Annual Usage Discount Offered List Unit Price Net Unit Price Net Extended Total 67070160 Caps, closet bolt, plastic 250 Pair % $ $ $ 67072040 Bolts, closet, heavy-brass ¼”x 2-1/4” 900 Pair % $ $ $ 67072044 Bolts, tank-to-bowl 20 Pair % $ $ $ 67072125 Plumber’s Cloth 50 % $ $ $ 67072147 Cover, Cock-hole, 2” 1,150 % $ $ $ 67072830 Lever, tank 20 % $ $ $ 67072911 Tape, Teflon, ½” 300 % $ $ $ 67073145 Plumber’s Putty 15 % $ $ $ 67073407 Wax ring, Toilet 400 % $ $ $ TBD Wax rings, Urinal, Oatey 100 % $ $ $ TBD Flapper, Red Korky Plus Regular flush 100 % $ $ $ TBD Flapper, Red Korky Plus 1.6 gallon flush 200 % $ $ $ Net Category Total: $ ADDENDUM ACKNOWLEDGEMENT FORM The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 36 of 43 ADDENDA ACKNOWLEDGMENT: The undersigned also acknowledges the receipt of the following Addenda: ADDENDUM NO. DATED ADDENDUM NO. DATED ADDENDUM NO. DATED ADDENDUM NO. DATED ADDENDUM NO. DATED ADDENDUM NO. DATED ADDENDUM NO. DATED ADDENDUM NO. DATED BIDDER’S STATEMENT OF PRINCIPAL PLACE OF BUSINESS The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 37 of 43 To be completed by each bidder and returned with your bid in order to be considered responsive Name of Bidder: Identify state in which bidder has its principal place of business: If your principal place of business is the State of Florida, you do not need to proceed any further on this form. If outside of Florida, identify political subdivision (state, county or municipality) in which bidder has its principal place of business: NOTE: Florida Statute Section 287.084(2) states that “A vendor whose principal place of business is outside this state must accompany any written bid, proposal or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state, or political subdivision, to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts.” LEGAL OPINION REGARDING STATE BIDDING PREFERENCES (To be completed by the Attorney for an Out of State Vendor. Please select one) The bidders principal place of business is in the State of or in , a political subdivision thereof. It is my opinion that (check one): The laws of the state or political subdivision thereof do not grant a preference in the letting of any public contracts to business entities whose principal place of business are in that state or political subdivision. The laws of the state or political subdivision thereof do grant the following preference(s) in the letting of any public contracts to business entities whose principal place of business are in that state or political subdivision thereof. (Please describe preferences and provide citation to authority. Signature of out of state bidders’ attorney: Printed name of out of state bidders’ attorney: Address of out of state bidders’ attorney: Telephone number of out of state bidders’ attorney: Email of out of state bidders’ attorney Attorneys’ state(s) of bar admission: NOTE: IF YOU ARE A VENDOR WHO’S PRINCIPAL PLACE OF BUSINESS IS NOT IN THE STATE OF FLORIDA, YOU MUST COMPLETE THIS FORM INCLUDING A SIGNATURE FROM AN ATTORNEY ATTESTING TO THE STATE BIDDING PREFERENCE. FAILURE TO COMPLETE AND SIGN THIS FORM WILL CAUSE YOUR BID TO BE CONSIDERED NON-RESPONSIVE. SUBMITTALS CHECKLIST The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 38 of 43 Name of Bidder: Signature of Buyer: Signature of Evaluator: To help ensure that you include all the submittals necessary to complete a thorough evaluation of your bid proposal, we ask that you use this checklist to make sure you have enclosed all Required submittals before sealing and mailing your proposal. The list below comprises the Required Submittals, and they must be submitted at the time you submit your bid or your bid will be declared non-responsive. Submit Two (2) copies of your complete proposal, 1 original and 1 copy. Verified by Bidder Verified by Buyer Verified by Evaluator Description of Required Submittal Page No. Completed and signed Invitation to Bid Form 852-A. 1 Bid Proposal Forms 17-35 Completed and signed by an attorney, Bidder’s Statement of Principal Place of Business 37 Items listed as Requested should be submitted at the time you submit your bid to facilitate the bid evaluation process, but will not be cause for declaring your bid non-responsive. Verified by Bidder Verified by Buyer Verified by Evaluator Description of Requested Submittal Page No. Completed and signed Drug Free Workplace Certification Form (optional) 39 Completed and signed Certification Regarding Debarment Form AD-1048 40 The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 39 of 43 DRUG FREE WORKPLACE CERTIFICATION FORM In accordance with Florida Statute 287.087, preference shall be given to businesses with drug- free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ____________________________ (vendor’s signature) The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 40 of 43 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733). ***** BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE SIDE ***** (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attached an explanation to this proposal. Organization Name PR/Award Number or Project Name Name(s) and Title(s) of Authorized Representative(s) Signature(s) Date Form AD-1048 (1/92) The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 41 of 43 INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this form, the prospective lower tier participant is providing the certification set out on the reverse side in accordance with these instructions. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decided the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Form AD-1048 (1/92) The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 42 of 43 Executive Order 12549--Debarment and Suspension Source: The provisions of Executive Order 12549 of Feb. 18, 1986, appear at 51 FR 6370, 3 CFR, 1986 Comp., p. 189, unless otherwise noted. By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to curb fraud, waste, and abuse in Federal programs, increase agency accountability, and ensure consistency among agency regulations concerning debarment and suspension of participants in Federal programs, it is hereby ordered that: Section 1. (a) To the extent permitted by law and subject to the limitations in Section 1(c), Executive departments and agencies shall participate in a system for debarment and suspension from programs and activities involving Federal financial and nonfinancial assistance and benefits. Debarment or suspension of a participant in a program by one agency shall have government-wide effect. (b) Activities covered by this Order include but are not limited to: grants, cooperative agreements, contracts of assistance, loans, and loan guarantees. (c) This Order does not cover procurement programs and activities, direct Federal statutory entitlements or mandatory awards, direct awards to foreign governments or public international organizations, benefits to an individual as a personal entitlement, or Federal employment. Sec. 2. To the extent permitted by law, Executive departments and agencies shall: (a) Follow government-wide criteria and government-wide minimum due process procedures when they act to debar or suspend participants in affected programs. (b) Send to the agency designated pursuant to Section 5 identifying information concerning debarred and suspended participants in affected programs, participants who have agreed to exclusion from participation, and participants declared ineligible under applicable law, including Executive Orders. This information shall be included in the list to be maintained pursuant to Section 5. (c) Not allow a party to participate in any affected program if any Executive department or agency has debarred, suspended, or otherwise excluded (to the extent specified in the exclusion agreement) that party from participation in an affected program. An agency may grant an exception permitting a debarred, suspended, or excluded party to participate in a particular transaction upon a written determination by the agency head or authorized designee stating the reason(s) for deviating from this Presidential policy. However, I intend that exceptions to this policy should be granted only infrequently. Sec. 3. Executive departments and agencies shall issue regulations governing their implementation of this Order that shall be consistent with the guidelines issued under Section 6. Proposed regulations shall be submitted to the Office of Management and Budget for review within four months of the date of the guidelines issued under Section 6. The Director of the Office of Management and Budget may return for reconsideration proposed regulations that the Director believes are inconsistent with the guidelines. Final regulations shall be published within twelve months of the date of the guidelines. Sec. 4. There is hereby constituted the Interagency Committee on Debarment and Suspension, which shall monitor implementation of this Order. The Committee shall consist of representatives of agencies designated by the Director of the Office of Management and Budget. Sec. 5. The Director of the Office of Management and Budget shall designate a Federal agency to perform the following functions: maintain a current list of all individuals and organizations excluded from program participation under this Order, periodically distribute the list to Federal agencies, and study the feasibility of automating the list; coordinate with the lead agency responsible for government-wide debarment and suspension of contractors; chair the Interagency Committee established by Section 4; and report periodically to the Director on implementation of this Order, with the first report due within two years of the date of the Order. Sec. 6. The Director of the Office of Management and Budget is authorized to issue guidelines to Executive departments and agencies that govern which programs and activities are covered by this Order, prescribe government-wide criteria and government-wide minimum due process procedures, and set forth other related details for the effective administration of the guidelines. Sec. 7. The Director of the Office of Management and Budget shall report to the President within three years of the date of this Order on Federal agency compliance with the Order, including the number of exceptions made under Section 2(c), and shall make recommendations as are appropriate further to curb fraud, waste, and abuse. The School Board Of Pinellas County Prohibits Discrimination In All Purchasing And Contracting 22-081pr507bid.doc Page 43 of 43 Pinellas County District Schools Bid Protest Procedure A bidder who wishes to file a protest pertaining to a bid must file such notice in accordance with procedures prescribed by 120.57(3) FS enumerated below. For bids solicited by the purchasing department, the notice must be filed with the director of purchasing. For bids solicited by the facilities department, the notice must be filed with the director of facilities. 1. Any person who is adversely affected by the district decision or intended decision shall file with the director of purchasing or director of facilities a notice of protest in writing within 72 hours after the posting of the bid tabulation or after receipt of the notice of the district decision or intended decision and shall file a formal written protest within 10 days after filing the notice of protest. With respect to a protest of the specifications contained in an invitation to bid or in a request for proposals, the notice of protest shall be filed in writing within 72 hours after the receipt of notice of the project plans and specifications or intended project plans and specifications in an invitation to bid or request for proposals, and the formal written protest shall be filed within 10 days after the date the notice of protest is filed. Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings under this chapter. The formal written protest shall state with particularity the facts and law upon which the protest is based. Saturdays, Sundays, and legal holidays shall be excluded in the computation of the 72-hour time periods provided by this paragraph. 2. Any person who files an action protesting a decision or intended decision pertaining to a bid pursuant to FS 120.57(3)(b), shall post at the time of filing the formal written protest, a bond payable to the Pinellas County School District in an amount equal to 1 percent (1%) of the total estimated contract value, but not less than $500 nor more than $5,000, which bond shall be conditioned upon the payment of all costs which may be adjudged against the protester in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. In lieu of a bond, a cashier's check, certified bank check, bank certified company check, money order or U.S. currency will be acceptable form of security. If, after completion of the administrative hearing process and any appellate court proceedings, the district prevails, it shall recover all costs and charges which shall be included in the final order or judgment, including charges made by the Division of Administrative Hearings, but excluding attorney's fees. Upon payment of such costs and charges by the protester, the protest security shall be returned. If the protester prevails, he or she shall recover from the district all costs and charges which shall be included in the final order of judgment, excluding attorney's fees. 3. Upon receipt of the formal written protest and protest bond which has been timely filed, the district shall stop the bid solicitation process or the contract award process until the subject of the protest is resolved by final district action, unless the Superintendent sets forth in writing particular facts and circumstances which require the continuance of the bid solicitation process or the contract award process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare. 4. a) The district shall provide an opportunity to resolve the protest by mutual agreement between the parties within 7 days, excluding Saturdays, Sundays, and legal holidays, after receipt of a formal written protest. b) If the subject of a protest is not resolved by mutual agreement within 7 days, excluding Saturdays, Sundays, and legal holidays, after receipt of the formal written protest, and if there is no disputed issue of material fact, an informal proceeding shall be conducted pursuant to 120.57(2) FS and applicable district rules before a person whose qualifications have been prescribed by rules of the district. c) If the subject of a protest is not resolved by mutual agreement within 7 days, excluding Saturdays, Sundays, and legal holidays, after receipt of the formal written protest, and if there is a disputed issue of material fact, the district shall refer the protest to the Division of Administrative Hearings for proceedings under 120.57(1) FS. 5. Upon receipt of a formal written protest referred pursuant to this subsection, the director of the Division of Administrative Hearings shall expedite the hearing and assign an administrative law judge who shall commence a hearing within 30 days after the receipt of the formal written protest by the division and enter a recommended order within 30 days after the hearing or within 30 days after receipt of the hearing transcript by the administrative law judge, whichever is later. Each party shall be allowed 10 days in which to submit written exceptions to the recommended order. A final order shall be entered by the district within 30 days of the entry of a recommended order. The provisions of this paragraph may be waived upon stipulation by all parties. 6. In a competitive-procurement protest, no submissions made after the bid or proposal opening amending or supplementing the bid or proposal shall be considered. Unless otherwise provided by statute, the burden of proof shall rest with the party protesting the proposed district action. In a competitive-procurement protest, other than a rejection of all bids, the administrative law judge shall conduct a de novo proceeding to determine whether the district's proposed action is contrary to the district's governing statutes, the district's rules or policies, or the bid or proposal specifications. The standard of proof for such proceedings shall be whether the proposed district action was clearly erroneous, contrary to competition, arbitrary, or capricious. In any bid-protest proceeding contesting an intended district action to reject all bids, the standard of review by an administrative law judge shall be whether the district's intended action is illegal, arbitrary, dishonest, or fraudulent. BID #:22-670-081 Bid Title: Time Due: Addenda Vendor CAT. 1 % Discount CAT. 2 % Discount CAT. 3 % Discount CAT. 4 % Discount 1 Ferguson Enterprises $1,993.35 50.00%$2,078.52 85.00%$8,016.00 50.00%$4,335.96 80.00% 1 Tampa Winsupply $1,589.86 22.00%$1,956.22 88.00%$6,412.80 60.00%$3,037.08 86.50% Addenda Vendor CAT. 5 % Discount CAT. 6 % Discount CAT. 7 % Discount CAT. 8 (B)% Discount 1 Ferguson Enterprises $1,794.58 50.00%$1,216.32 30.00%$4,633.20 40.00%NO BID NO BID 1 Tampa Winsupply $1,435.66 60.00%$568.90 68.00%$3,706.56 52.00%$6,722.24 72.00% Addenda Vendor CAT. 9 % Discount CAT. 10 % Discount CAT. 11 % Discount CAT. 12 (A)% Discount 1 Ferguson Enterprises $9,754.72 40% / 60%$8,284.00 62.00%$28,806.00 40.00%$9,128.70 55.00% 1 Tampa Winsupply $5,672.80 72.00%$6,490.05 65.00%$23,593.50 51.00%$9,940.14 51.00% Bid Tabulation SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA PRICES IN THIS CHART ARE AFTER THE DISCOUNT HAS BEEN APPLIED. DO NOT RE-APPLY THE DISCOUNT. Plumbing Supplies December 2, 2021 @ 3:00 PM EST 22-081pr507spr 1 2/2/2022 BID #:22-670-081 Bid Title: Time Due: Bid Tabulation SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA PRICES IN THIS CHART ARE AFTER THE DISCOUNT HAS BEEN APPLIED. DO NOT RE-APPLY THE DISCOUNT. Plumbing Supplies December 2, 2021 @ 3:00 PM EST Addenda Vendor CAT. 13 % Discount CAT. 14 % Discount CAT. 15 % Discount CAT. 16 % Discount 1 Ferguson Enterprises $114,986.30 45.00%$191.76 70.00%$1,494.30 83.00%$25,824.54 70.00% 1 Tampa Winsupply $77,553.34 60.00%$161.84 60.00%$1,388.82 84.20%$22,076.66 81.00% Addenda Vendor CAT. 17 % Discount CAT. 18 % Discount CAT. 19 % Discount CAT. 20 % Discount 1 Ferguson Enterprises $1,300.64 60.00%$624.20 66.00%$2,168.71 73.00%$15,481.02 63.00% 1 Tampa Winsupply $838.65 68.00%$497.21 75.00%$1,787.00 80.00%$9,784.74 78.00% Addenda Vendor CAT. 21 % Discount CAT. 22 % Discount CAT. 23 % Discount CAT. 24 % Discount 1 Ferguson Enterprises $37,439.92 51.00%$4,477.50 50.00%$216.41 65.00%$7,645.73 88.00% 1 Tampa Winsupply $27,749.75 65.00%$5,737.50 50.00%$158.63 84.00%$5,823.41 72.00% 22-081pr507spr 2 2/2/2022 BID #:22-670-081 Bid Title: Time Due: Bid Tabulation SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA PRICES IN THIS CHART ARE AFTER THE DISCOUNT HAS BEEN APPLIED. DO NOT RE-APPLY THE DISCOUNT. Plumbing Supplies December 2, 2021 @ 3:00 PM EST Addenda Vendor CAT. 25 % Discount CAT. 26 % Discount CAT. 27 % Discount CAT. 28 % Discount 1 Ferguson Enterprises $3,192.14 40-76%$3,562.89 70-95%$6,664.54 32.00%$254.98 62.00% 1 Tampa Winsupply $3,256.49 90.00%$2,567.52 85.00%$3,085.21 66.50%$113.75 50.00% Addenda Vendor CAT. 29 % Discount CAT. 30 % Discount CAT. 31 % Discount CAT. 32 % Discount 1 Ferguson Enterprises $398.16 55.00%$860.04 60.00%$4,419.52 60.00%$4,438.02 62.00% 1 Tampa Winsupply $300.83 66.00%$779.24 45.00%$4,535.10 25.00%$1,861.20 70.00% Addenda Vendor CAT. 33 % Discount CAT. 34 % Discount CAT. 35 % Discount CAT. 36 % Discount 1 Ferguson Enterprises $4,222.43 25.00%$1,938.56 65-75%$4,372.63 57.00%$4,937.40 62.5% avg 1 Tampa Winsupply NO BID NO BID $1,285.71 72.00%$4,602.40 50.00%$4,539.70 44.42% avg (B) Ferguson did not bid all items in Category 8 so it is considered a NO Bid for them. (A) Only the third item in this category was bid by both vendor so items 1 and 2 were removed to award the category. 22-081pr507spr 3 2/2/2022 BID #:22-670-081 Bid Title: Time Due: Bid Tabulation SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA PRICES IN THIS CHART ARE AFTER THE DISCOUNT HAS BEEN APPLIED. DO NOT RE-APPLY THE DISCOUNT. Plumbing Supplies December 2, 2021 @ 3:00 PM EST 22-081pr507spr 4 2/2/2022 (22-081pr507tab.doc) PURCHASING AGENDA ITEM School Board of Pinellas County, Florida School Board Meeting of: January 25, 2022 Bid No: 22-670-081 Bid Title: Plumbing Supplies Original Bid No: N/A Recommend approval of this agenda item under the specific category checked below. Agenda Item Categories: Lowest Responsive Bid Request for Proposal Reject Bids Piggy-Back Bid per 6A-1.012 (6) Sale of Property Revised Award * Highest Point Score Re-Award (partial/whole) * State Contract per 6A-1.012 (5) Renewal of Contract Contract/Bid Termination * Contract Extension * Term: Co-Op Bid Professional Services/Copyrighted Materials per 6A1.012 (11)* Direct Negotiation per 6A-1.012 (14) Emergency Ratification * Contract Period: 01/25/22 thru 01/24/23 N/A - One Time Purchase Contract Value: $ 400,000.00 Contract Type: Estimated Dollar Amount Firm, Fixed Dollar Amount Firm, Fixed Unit Prices Firm, Fixed Fees or Discounts Renewal Options: No. of Terms Remaining Length of Each Term Length of Each Term None 2 6-months 1 - year *Rationale/Reason Reason for Submittal to Board Under Separate Cover: Bidders Solicited: 34 Bids Received: 2 Late Bids: 0 Rejected Bids: 0 N/A - Bids Not Required Submitted By: Joe Benjamin, NIGP-CPP, CPPO, CPPB For: Maintenance Department Title: Director, Purchasing Department Requested By: Michael Hewett Buyer: Jason O’Toole Title: Director, Maintenance Recommended award by vendor as follows: (see attached) (22-081pr507tab.doc) 2 Provide and deliver plumbing supplies to various locations county wide, at firm discounts to be deducted from the manufacturer’s list prices for the contract period. Awarded vendors are also expected to provide copies of applicable pages from manufacturer’s pricelists at the time requested prior to order placement. 1. FERGUSON ENTERPRISES, INC. (V-794) 2. TAMPA WINSUPPLY, INC. (V-27356) Category No. Category Description Mfr. Bid Discount from List Price Vendor 1 PVC Pipe Sch 40 & DWV Charlotte Pipe 22% 2 2 PVC Pipe Fittings Sch 40 & DWV Charlotte Pipe 88% 2 3 Copper Pipe, Type L Mueller/Howell 60% 2 4 Copper Pipe Fittings Nibco 86.5% 3 5 Soft Copper Tubing Mueller/Howell 60% 2 6 Dialectic Unions Domestic Only Jones Stephens 68% 2 7 Toilet Seats Bemis 52% 2 8 Toilets & Urinals American Std. 72% 2 9 Lavatory Sinks & Accessories American Std. 72% 2 10 Classroom Sinks Just 65% 2 11 Bubblers Elkay 51% 2 12 Water Coolers & Fountains Elkay 55% 1 13 Commercial Water Heaters A.O. Smith 60% 2 14 Thermostats Camco 60% 2 15 Solid Interceptors Zurn 84.2% 2 16 Faucets Zurn 81% 2 17 Spuds Domestic Only Jones Stephens 68% 2 18 Angle Stops Brasscraft 75% 2 19 Fernco Adapters Mifab 80% 2 20 Metal Traps & Tailpieces Dearborn Brass / Oatey 78% 2 21 Sloan Valves & Parts Sloan 65% 2 22 Sillcocks Proflo 50% 1 23 Plastic Traps & Tailpieces Dearborn Brass /Oatey 84% 2 24 Ball Valves, Domestic Only Nibco 72% 2 25 FlowGuard CPVC Pipe & Fittings Charlotte Pipe / Oatey 40-76%1 26 Threaded Brass Nipples & Fittings Sch 40 Midland 85% 2 (22-081pr507tab.doc) 3 Category No. Category Description Mfr. Bid Discount from List Price Vendor 27 Check Valves, Domestic Only Nibco 66.5% 2 28 Escutcheons Jones Stephens 50% 2 29 Boiler Drains Nibco 66% 2 30 Brass Plugs, DWV Domestic Only Jones Stephens 45% 2 31 Solder & Flux Oatey, Harris Products 60% 1 32 Water Supplies Easy Flex 70% 2 33 Water Filters 3M Company 25% 1 34 Sewer Vents Oatey 72% 2 35 Mechanical Joint Couplings ProFlo 57% 1 36 Miscellaneous Items Various Various 2 TERMS # 67070160 Caps, closet bolt,plastic Jones 40% 67072040 Bolts, closet, brass Jones 45% 67072044 Bolts, tank-to bowl Jones 48% 67072125 Plumber’s Cloth Oatey 20% 67072147 Cover, Cock-hole 2” Jones 40% 67072830 Lever, Tank Fluidmaster 50% 67072911 Tape, Teflon ½” Oatey 70% 67073145 Plumber’s Putty Oatey 25% 67073407 Wax Ring, Toilet Oatey 62% 67077533 Wax Ring, Urinal Oatey 33% 67077534 Flapper, Red Korky Reg. Korky 50% 67077535 Flapper, Red Korky 1.6 gl Korky 50% SCHOOL BOARD OF MARION COUNTY FLORIDA, "AN EQUAL OPPORTUNITY SCHOOL DISTRICT"Bid Tabulation Posted: November 18, 2021BID # 3904GMBid Title: Plumbing Supplies, Term ContractTerm: December 15, 2021 to November 30, 2022Date & Time Due: November 3, 2021 @ 2:00 PMBoard Date: December 14, 2021Budgeted Department: Technical Services / Maintenance PartsBudgeted Resources $ 75,000VendorsHydrologic Distribution Company, Pinellas Park, FLVendor IDDrug Free WorkplaceYMfg's AuthorizationYCertificate of LiabilityNCommon Carrier WaiverNCertification Regarding DebarmentYPreference Document / %FloridaRedacted Copy ProvidedNQualification StatementYW-9Y#120%19.000% 5% 4.750%210%9.500%340% 38.000% 15% 14.250%48%435% 33.250% 15% 14.250%55%520% 19.000% 15% 14.250%40%625%23.750% 15% 14.250% 20%725% 23.750% 10% 9.500%65%815%14.250% NO BID941%38.950% 15% 14.250% 30%1038%36.100% 15% 14.250% 28%1110% 9.500%65%1220% 19.000% 15% 14.250%62%1338% 36.100% 15% 14.250%45%14Parts 40%All Else 35%Parts 38%All Else 33.25%15% 14.250% 28%1530% 28.500% 12% 11.400%65%1612% 11.400% NO BID1747%44.650% 12% 11.400% 40%1815% 14.250%40%1920%19.000%2021222340% 38.000% 5% 4.750%40%2415%14.250%2540%38.000% 15% 14.250%2630%28.500% 15% 14.250%2725% 23.750% 15% 14.250%30%2820% 19.000% 15% 14.250%57%NO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDYYItems 63, 89, and 90 rejected - No alternative items accepted as per Bid SpecificationsPreferenceNO BIDPriceNO BIDFerguson Enterprises, LLC., Newport News, VAYYNNYVirginia / Reciprocal(5%)NYYNO BIDFerncoElkayDeltaDearbornKohler Porcelain ProductsBest Plumbing Specialists Inc., Myersville, MDBEST PLU001YYNYYMaryland / No Preference (5%)NK-Rain: – Sprinkler Heads & ControllerJomar ValvesJameco – Balance of LineJameco – Water Valve Repair KitsNibcoKorkyHunter: - Sprinkler Heads & controllerGrinnell, ITT: Copper-(Domestic Galvanized Only)GerberFluidmasterFlowmaticKohler Non-Porcelain ProductsPreferenceConbracoChicagoCentral BrassFixed Discount SectionA.O. SmithAmerican BrassAmerican Standard Non-Porcelain ProductsBradleyApollo (Conbraco) Brass + Stainless SteelAmerican Standard Porcelain ProductsPriceBriggsBrass CraftDescriptionHome Depot U.S.A., Inc. dba The Home Depot Pro, Atlanta, GAYYYYPrice PreferenceYItems 63, 78, 80-82, 92-93, and 127 rejected - No alternative items accepted as per Bid SpecificationsPrice Preference PriceNYGeorgia / Reciprocal(5%)NYYYSouth Carolina / No Preference(5%)NYTotal Maintenance Solutions South, Incorporated dba TMS South, Taylors, SCYYN3904GM - Plumbing Supplies TABSHEET.xlsx1 SCHOOL BOARD OF MARION COUNTY FLORIDA, "AN EQUAL OPPORTUNITY SCHOOL DISTRICT"Bid Tabulation Posted: November 18, 2021BID # 3904GMBid Title: Plumbing Supplies, Term ContractTerm: December 15, 2021 to November 30, 2022Date & Time Due: November 3, 2021 @ 2:00 PMBoard Date: December 14, 2021Budgeted Department: Technical Services / Maintenance PartsBudgeted Resources $ 75,000VendorsHydrologic Distribution Company, Pinellas Park, FLFerguson Enterprises, LLC., Newport News, VABest Plumbing Specialists Inc., Myersville, MDHome Depot U.S.A., Inc. dba The Home Depot Pro, Atlanta, GATotal Maintenance Solutions South, Incorporated dba TMS South, Taylors, SC2930% 28.500% 5% 4.750%35%3030% 28.500% 10% 9.500%65%3115% 14.250%40%325%4.750%3315%14.250%3440%Jones Stephens Brand Only38%Jones Stephens Brand Only15%14.250%45%3540% 38.000% 15% 14.250%50%3638%36.100% 15% 14.250% 35%3710% 9.500%40%3840% 38.000% 15% 14.250%40%39NO BID4020% 19.000% 15% 14.250%50%4110% 9.500% 5% 4.750%30%4220% 19.000% 15% 14.250%30%4330% 28.500% 15% 14.250%30%# QTY DESCRIPTIONSTOCK #44 50 ½” Hose Bibb-Domestic Only 86-080-00001 $12.59 $13.220$6.95$7.298 $9.21745 50 ¾” Hose Bibb-Domestic Only 86-080-00002 $12.99 $13.640$8.32$8.736 $9.52946 75 4-way Water Key 86-080-00088 $6.23 $6.542 $4.91 $5.156$2.30$2.415 $3.877 $3.35 $3.51847 201 ½” P Trap Chrome W/Brass Nuts 17 GA. Trap86-130-00035 $17.11 $17.966 $20.88 $21.924$16.38748 151 ¼” P Trap Chrome W/Brass Nuts 17 GA. Trap86-130-00038 $39.19 $41.150$13.68$14.364 $21.18 $22.239 $15.08649 251 ½” x 12” Flanged Tailpiece, CP, 17 ga.86-130-00050 $24.74 $25.977 $14.62 $15.351 $11.25 $11.813$10.67050 251 ½” x 12” Compression Tailpiece, CP, 17 ga.86-130-00051 $28.53 $29.957 $18.52 $19.446 $11.33 $11.897$10.64951 251 ¼” x 12” Compression Tailpiece, CP, 17 ga.86-130-00060 $24.25 $25.463 $18.48 $19.404 $11.23 $11.792$10.88652 10 T & S B-0805 Faucet 86-130-00106$95.18$99.939$102.60053 400Fluidmaster 20” Braided Steel Lavatory Supply – B1F2086-130-00107$2.95Proflo PFX146324$3.098 $3.60 $3.780$2.53554 75Fluidmaster 30” Braided Lavatory Supply – B1F3086-130-00108$3.56PFX146376$3.738 $3.97 $4.169$3.02855 100Fluidmaster 12” Braided Lavatory Supply – B1F1286-130-00109$2.81PFX146322$2.951 $2.85 $2.993$2.141NO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDFixed Price SectionZurnWatts – Balance of LineWatts – Water Valve Repair KitsWardOatey (Bidders must supply Manufacturer’s Price List)OasisRainbird: Sprinkler Heads & controllerMansfieldLA-COT & S BrassSpearsSpeakmanToro: Sprinkler Heads & controllerSloan/RegalSharkbite3904GM - Plumbing Supplies TABSHEET.xlsx2 SCHOOL BOARD OF MARION COUNTY FLORIDA, "AN EQUAL OPPORTUNITY SCHOOL DISTRICT"Bid Tabulation Posted: November 18, 2021BID # 3904GMBid Title: Plumbing Supplies, Term ContractTerm: December 15, 2021 to November 30, 2022Date & Time Due: November 3, 2021 @ 2:00 PMBoard Date: December 14, 2021Budgeted Department: Technical Services / Maintenance PartsBudgeted Resources $ 75,000VendorsHydrologic Distribution Company, Pinellas Park, FLFerguson Enterprises, LLC., Newport News, VABest Plumbing Specialists Inc., Myersville, MDHome Depot U.S.A., Inc. dba The Home Depot Pro, Atlanta, GATotal Maintenance Solutions South, Incorporated dba TMS South, Taylors, SC56 50Zurn G61754 Metering Cartridge86-130-00110 $38.48 $40.404$16.38$17.199 $19.31 $20.276 $27.247 $23.00 $24.15057 50 T&S 238A Metering Cartridge 86-130-00111 $66.96 $70.308 $96.17 $100.979 $48.561$38.50$40.42558 150 Fluidmaster Hose, B6F20 86-130-00114$4.15PFX146344$4.358 $5.11 $5.366$3.57359 150 Fluidmaster Hose, B8F20$4.15PFX146344$4.358 $4.64 $4.872$3.04360 10 T & S B-2971 Faucet 86-290-00208$109.20TB0890$114.660$80.125$174.95B-0890$183.69861 10 Washing Machine Hoses S/S 86-130-00250 $21.91 $23.006$8.55PF146815$8.978$7.53$7.907 $10.30162 20 Chicago Stem 1-099xtjknf 86-130-00312 $24.77 $26.009 $18.16 $19.068$12.79$13.430 $20.538 $13.25 $13.91363 50 Oatey 43511 4x3 Flange 86-140-00002$1.80043503$1.890$2.57Water-Tite 86135$2.699$3.94064 150Sloan A-36-A Valve Repair Kit, MFG#330103686-180-00000 $22.81 $23.951$12.34$12.957 $13.50 $14.175 $16.282 $12.95 $13.59865 150Sloan A-156-AA Washer Set, MFG#330108986-180-00001 $19.10 $20.055 $10.44 $10.962$9.21$9.671 $9.701 $12.69 $13.32566 50Sloan Vacuum Breaker Kit #332319286-180-00006 $4.76 $4.998$1.82$1.911 $2.43 $2.552 $2.542 $1.99 $2.09067 10B-32-A Handle Assembly (Sloan Only)86-180-00007 $11.97 $12.569 $13.76 $14.448 $11.117$10.25$10.76368 500 Sloan O Ring #H553 86-180-00011$0.12$0.126 $0.84 $0.882 $0.92 $0.966 $0.75669 151 ½” Sloan Tailpiece V-500-AA 032301786-180-00019 $31.64 $33.222$29.958$36.15 $37.95870 201 ¼” Sloan Spud Coupling Kit F-5-AU 030614086-180-00026 $25.86 $27.153 $11.73 $12.317$11.649$12.99 $13.64071 10¾” Sloan Spud Coupling Kit F-5-A 13076186-180-00025 $22.89 $24.035 $11.73 $12.317 $13.64 $14.322$11.974$12.49 $13.11572 30Kohler Spud Cover, F5AT-030611686-180-00027 $11.73 $12.317$11.974$12.99 $13.64073 25 Sloan A-71 Inside Cover 86-180-00021 $9.20 $9.660 $5.96 $6.258 $6.21 $6.521 $5.952$5.29$5.55574 50 Sloan A-41A 1.6 GPF Kit 86-180-00028 $28.62 $30.051$14.16$14.868 $16.00 $16.800 $21.240 $15.99 $16.79075 6 110-3 Sloan Only Flush Valve 86-180-00029 $259.18 $272.139 $142.00 $149.100 $145.00 $152.250$86.875$106.51 $111.83676 20 Sloan 186 Flush Valve 86-180-00030 $151.65 $159.233 $88.88 $93.324 $142.84 $149.982$78.977$106.51 $111.836NO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BID3904GM - Plumbing Supplies TABSHEET.xlsx3 SCHOOL BOARD OF MARION COUNTY FLORIDA, "AN EQUAL OPPORTUNITY SCHOOL DISTRICT"Bid Tabulation Posted: November 18, 2021BID # 3904GMBid Title: Plumbing Supplies, Term ContractTerm: December 15, 2021 to November 30, 2022Date & Time Due: November 3, 2021 @ 2:00 PMBoard Date: December 14, 2021Budgeted Department: Technical Services / Maintenance PartsBudgeted Resources $ 75,000VendorsHydrologic Distribution Company, Pinellas Park, FLFerguson Enterprises, LLC., Newport News, VABest Plumbing Specialists Inc., Myersville, MDHome Depot U.S.A., Inc. dba The Home Depot Pro, Atlanta, GATotal Maintenance Solutions South, Incorporated dba TMS South, Taylors, SC77 150Sloan A-38-A, Valve Repair Kit, MFG#330103886-180-00032 $22.81 $23.951$12.34$12.957 $14.40 $15.120 $16.652 $13.00 $13.65078 20 Delta RP 3614 86-300-00022 $26.22 $27.531 $10.14 $10.647$8.58Brasscraft SLD0102$9.009$9.50679 20 Delta RP 1740 86-300-00023 $10.59 $11.120 $8.37 $8.789$2.88$3.024 $7.171 $5.21 $5.47180 20 Delta RP 4993 86-300-00024 $3.87 $4.064 $4.47 $4.694$1.22Brasscraft 133467$1.281 $4.188$1.50$1.57581 20 Delta RP 70 86-300-00025 $19.46 $20.433 $12.69 $13.325$4.33Brasscraft 013001$4.547$6.27182 10 Delta 2400 LF 86-290-00103 $85.05 $89.303$63.82Cleveland 40618$67.011$81.21783 10 Delta 400 LF-WF 86-290-00103 $106.08 $111.384$98.76Discontinued - Delta 400-DST$103.698$101.29784 30Sioux Chief 886MR Closet Ring86-180-00033 $12.22 $12.831 $4.00 $4.200 $4.11 $4.316$3.61485 200Wax Ring, Oatey 31190 OR Swan 450086-230-00002$.98Proflo PFWR$1.029$2.15Hercules 90246$2.258$0.90086 15 Fluidmaster Pro 45 86-230-00003 $16.87 $17.714 $7.88 $8.274 $9.53$10.007$7.699$8.17 $8.57987 200 Korky 2001BP Flapper 86-230-00011 $8.88 $9.324 $3.75 $3.938$2.80$2.940 $3.11488 200Closet Bolt Set, Brass, 5/16” x 2-1/4”86-230-00014 $4.90 $5.145$0.51$0.536 $1.03 $1.082 $1.153 $2.18 $2.28989 25Fluidmaster 12” Braided Steel Closet Supply – B1T1286-230-00015$2.78PFX146472$2.919$2.96$3.108 $3.48090 75Fluidmaster 20” Braided Steel Closet Supply - B1T2086-230-00016$3.43PFX146474$3.602$3.56$3.738 $3.92591 50 1 ½” Spud 86-230-00021 $14.42 $15.141 $5.42 $5.691 $5.98 $6.279$5.35992 30Fluidmaster 6106 Tank-to-Bowl Kit86-230-00030$5.02$5.271$4.99Corky 464BP$5.240 $5.27793 200Jones Stephens T01000 Tank Handle86-230-00043 $14.85 $15.593$13.20Premier 561197$13.860$14.89494 501955-C Elongated Toilet Seat-Bemas86-230-00050 $43.06 $45.213 $20.63 $21.662 $24.47 $25.694$17.638$22.05 $23.15395 72Hunter I-20 Sprinkler Head (stainless only)86-280-0000096 1015Hunter PSO 415A Mister Heads 170086-280-0000197 4Hunter 1-40-360 (football fields only)86-280-00003NO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BID3904GM - Plumbing Supplies TABSHEET.xlsx4 SCHOOL BOARD OF MARION COUNTY FLORIDA, "AN EQUAL OPPORTUNITY SCHOOL DISTRICT"Bid Tabulation Posted: November 18, 2021BID # 3904GMBid Title: Plumbing Supplies, Term ContractTerm: December 15, 2021 to November 30, 2022Date & Time Due: November 3, 2021 @ 2:00 PMBoard Date: December 14, 2021Budgeted Department: Technical Services / Maintenance PartsBudgeted Resources $ 75,000VendorsHydrologic Distribution Company, Pinellas Park, FLFerguson Enterprises, LLC., Newport News, VABest Plumbing Specialists Inc., Myersville, MDHome Depot U.S.A., Inc. dba The Home Depot Pro, Atlanta, GATotal Maintenance Solutions South, Incorporated dba TMS South, Taylors, SC98 467 Hunter PGP adj Sprinkler 800 86-280-0000499 467K-Rain RPS75 Adjustable Sprinkler$11.88$12.474100 72 K-Rain RPS75i Sprinkler Head$10.58$11.109101 4K-Rain ProSport (Football Fields Only)$28.83$30.272102 1015K-Rain Pro S Spray Mister Head103 40 Chicago 350 Faucet 86-290-00001 $222.85 $233.993 $113.63 $119.312 $127.21 $133.571$75.949$114.95 $120.698104 200 T & S B-0710 Faucet 86-290-00200 $86.39 $90.710 $105.41 $110.681$80.791$115.50 $121.275105 50 T&S b-2360-01 86-290-00205 $150.98 $158.529$82.927106 30Elkay 97446C Vandal Resistant Bubbler86-310-00007 $89.40 $93.870$85.976107 20 Elkay Push Bar Kit 55999C 86-310-00016$27.43E98734$28.802 $42.00 $44.100$16.463108 6 T & S Pre-Rinse, B-0107 86-300-00002 $105.38 $110.649 $59.57 $62.549 $65.88 $69.174$60.863109 50T & S Eterna Hot Stem, 002712-4086-300-00026 $71.98 $75.579 $37.35 $39.218 $39.76 $41.748$36.125110 50T & S Eterna Cold Stem, 002713-4086-300-00027 $81.69 $85.775 $37.35 $39.218 $39.76 $41.748$36.125111 15 Elkay Bubbler 142 86-310-00001 $114.80 $120.540 $103.36 $108.528$96.471112 6 EBCO Bubbler 86-310-00002$103.537$112.70030774-006$118.335113 100Elkay Bubbler Cartridge #61313-C86-310-00003 $47.34 $49.707 $23.40 $24.570 $22.54 $23.667$22.488$25.00 $26.250114 15 Elkay #92715C Bubbler Assy. 86-310-00014 $49.38 $51.849 $20.88$21.924 $21.33 $22.397$20.488$25.00 $26.250115 25Elkay EZS8L Barrier Free Water Cooler86-310-00015 $372.40 $391.020 $383.86 $403.053$377.778116 6Elkay Bottle Filling StationLZWSRK$666.00 $699.300$573.47$602.144 $616.667117 125 Elkay 51300c Bottle Filler$73.79 $77.480 $63.69 $66.875$58.333118 20 1 ½” Adapter, Fernco ONLY 86-330-00001 $5.84 $6.132 $2.94 $3.087 $2.73 $2.867$2.756NO BID NO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BID NO BID3904GM - Plumbing Supplies TABSHEET.xlsx5 SCHOOL BOARD OF MARION COUNTY FLORIDA, "AN EQUAL OPPORTUNITY SCHOOL DISTRICT"Bid Tabulation Posted: November 18, 2021BID # 3904GMBid Title: Plumbing Supplies, Term ContractTerm: December 15, 2021 to November 30, 2022Date & Time Due: November 3, 2021 @ 2:00 PMBoard Date: December 14, 2021Budgeted Department: Technical Services / Maintenance PartsBudgeted Resources $ 75,000VendorsHydrologic Distribution Company, Pinellas Park, FLFerguson Enterprises, LLC., Newport News, VABest Plumbing Specialists Inc., Myersville, MDHome Depot U.S.A., Inc. dba The Home Depot Pro, Atlanta, GATotal Maintenance Solutions South, Incorporated dba TMS South, Taylors, SC119 25 2” Adapter, Fernco ONLY 86-330-00005 $6.29 $6.605 $3.16 $3.318 $2.94 $3.087$2.956120 25 3” Adapter, Fernco Only 86-330-00006 $7.52 $7.896 $4.27 $4.484 $4.00 $4.200$4.006121 25 4” Adapter, Fernco Only 86-330-00007 $9.41 $9.881 $5.35 $5.618 $5.02 $5.271$5.017122 17PVC Cement, ½ Pint, Oatey ONLY86-990-00000 $3.08 $3.234$2.90$3.045 $3.497 $7.33 $7.697123 12PVC Cement, Pint, Oatey ONLY86-990-00001 $4.97 $5.219$4.85$5.093 $5.653 $13.24 $13.902124 200PVC Cement, Quart, Oatey ONLY86-990-00002$5.58$5.859 $6.69 $7.025 $6.961125 200PVC Cleaner, Quart Oatey ONLY86-990-00006$7.02$7.371$5.33"Pint Sized"$5.597 $7.916 $12.62 $13.251126 10All Purpose Glue, ½ Pint, Oatey ONLY86-990-00007$4.82$5.061$2.90Oatey 308180402$3.045 $5.481127 36 Christy’s Red Hot Glue, Quart 86-990-00021$27.01$28.361$17.70Oatey 321633$18.585128 36 Christy’s Red Hot Glue, Pint 86-990-00022 $17.12 $17.976$8.99$9.440129 120Rain & Shine PVC Cement, Quart, Oatey ONLY86-990-00011$11.51$12.086 $12.00 $12.600 $13.335130 25Multi-Purpose Thread Seal, Oatey Great White, 4 Ounce Container86-990-00013 $6.30 $6.615 $5.42 $5.691$5.534131 20Rain & Shine PVC Cement, Pint, Oatey ONLY86-990-00015$5.58$5.859 $5.89 $6.185 $7.000132 100 LiquiLok Gel, Oatey ONLY 86-990-00018 $5.57 $5.849 $2.42 $2.541 $2.48 $2.604$2.504133 100 ½” Teflon Tape 86-990-00025 $1.38 $1.449$0.51$0.536 $0.89 $0.935 $0.600$.95x520' Black Swan Mfg$0.998134 100 ¾” Teflon Tape 86-990-00026$0.79$0.830 $1.04 $1.092 $0.873$1.05x520' Black Swan Mfg$1.103135 50 ½” Hercules Meagatape 86-990-00027 $3.02 $3.171$3.95Oatey 15120$4.148$2.138136 20Hercules Sta Put Plumbers Putty, 14oz86-990-00020 $1.73 $1.817 $5.51 $5.786$1.464137 2450/50 Solder, (Lead Free) Dutch Boy86-990-00035 $24.15 $25.358$22.93Worthington 331753$24.077$19.072138 30American Standard 540a 3” Universal Flapper86-230-00012 $15.84 $16.632 $11.23 $11.792$12.95Fluidmaster 5403$13.598 $8.433$8.02$8.421139American Standard Cadet Pro, Elongated Bowl$192.91215AA004070$202.556$114.99Rejected - Bowl Only Price$120.740$176.471140American Standard Madera, Elongated Bowl$87.40$91.770 $136.60 $143.430 $102.82414125%In-Store Discount (For items not contained in this bid)NO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BID10%20%"Best Catalog List Price"N/AN/AProvide your Balance-of-Line discount off of counter price for any “walk-in” store purchases made (for items not contained in this bid) 3904GM - Plumbing Supplies TABSHEET.xlsx6 SCHOOL BOARD OF MARION COUNTY FLORIDA, "AN EQUAL OPPORTUNITY SCHOOL DISTRICT"Bid Tabulation Posted: November 18, 2021BID # 3904GMBid Title: Plumbing Supplies, Term ContractDate & Time Due: November 3, 2021 @ 2:00 PMBoard Date: December 14, 2021 Vendor Name - No Response84 Lumber Eighty Four PA john rife corp. lecanto floridaAIW Inc Orlando FL Kully Supply, Inc. Burnsville MNAPEX PINNACLE Binghamton NY Lowe's ocala flapple specialties yaphank ny LOWMARKUP INC. IRVINE CAAtlantech Distribution Inc Jacksonville FL MARKS PLUMBING PARTS FORT WORTH TXAUSTIN LOGISTICS LLC Detroit MI Marlin Mfg. Co. Orllando FLBalanced Mechanical & Plumbing Services, LLC Ocala FL McKinley Group International Co. WLL Kuwait KuwaitBelleview Building Materials Belleview Fl MEW Enterprises Thonotosassa FLBernie,s Tool & Fasstener Sevices,Inc Gainesville Fl Mid State Builders Exchange Ocala FLBOWEN'S PLUMBING SUPPLIES, LLC OCALA FL MODERN IMAGING SOLUTIONS CANOGA PARK CABridgeton Plumbing & Heating Supply Compant Bridgeton NJ Morgan Bros. Supply, Inc. Ocala FloridaC‐Land Manufacturing Ocala FL MSC Industrial Supply Co. Orlando FLConstruction DataFax, Inc. Montevallo AL MWI INC OCEANSIDE CADiscover Group Brooklyn NY Nehara LLC Dover DEFIS Outdoor, Inc Ocala FL NORTH FLORIDA IRRIGATION EQUIPMENT OCALA FLORIDAFlorida Irrigation Supply, Inc Ocala Florida Ocala Win Supply ocalaflFox Distributors sheffield alabama Ocala Winsupply Ocala FLGeorge Scott & Associates Charlotte nc P&L Supply North Little RockARGlobal Equipment Company, Inc. Buford GA Plumbmaster, Inc. Concordville PAGorman Company Ocala FL Prime Plumbing, Inc. Mount Dora FlGrainger Norhtbrook IL PROCURE INC. BOCA RATON FLHD Supply Facilities Maintenance San Diego CA RAJ & Associates, LLC Crystal River FloridaHughes Supply Ocala FL Sparr Building and Farm Supply Sparr FLInterline Brands Corporation, DBA Trayco Florence South Carolina The Office Cart LLC Fort Lauderdale FLInternational Tool Davie FL TMS‐Marlin ORLANDO FLJOHN DEERE LANDSCAPES OCALA FLORIDA Toomey Tools Belleview FL3904GM - Plumbing Supplies TABSHEET.xlsx 7 SCHOOL BOARD OF MARION COUNTY FLORIDA, "AN EQUAL OPPORTUNITY SCHOOL DISTRICT"Bid Tabulation Posted: November 18, 2021BID # 3904GMBid Title: Plumbing Supplies, Term ContractDate & Time Due: November 3, 2021 @ 2:00 PMBoard Date: December 14, 2021 BID RECOMMENDATION SIGNATURERecommend the vendors/items that are bolded, high-lighted in yellow, within a bold outline, as the lowest and best Bid meeting the Boards recommendations.________________________________________________________________Rick H. Collins, Purchasing Specialist____________________________________Witness____________________________________DateFailure to file a protest within the time prescribed in section 120.57(3), Florida Statutes,or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes.3904GM - Plumbing Supplies TABSHEET.xlsx 8 NOTICE OF INTENT TO AWARD DATE TIME OF INITIAL POSTING - CEiVED 2B2? JAN 12 PH h *3 SCiiUGL BOARD OFPINFI-LAS COUNTY ptKi s eoiiTY senoen DATE/TIMEvieposT ir il ivpREMOVED U JAN 20 AH II* 58 SCHOOL BOARD OFPIHFLI AS COUNTY The Right to File an Intent to Protest Expires: 1:23 PM on Time January 15, 2022 Date This is a notice of intent from the Director of Purchasing to the Superintendent of Schools for the School Board of Pinellas County, to award contracts as indicated on the accompanying Purchasing Agenda Summary and by Bid Number below. This recommendation will be considered by the School Board of Pinellas County in public meeting commencing at 5:00 PM on January 25, 2022 . School Board meetings are held in the Conference Hall on the 2nd floor of the School Administration Building, 301 4th Street S.W., Largo, Florida 33770. Failure to file a protest withi the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings u der chapter 120, Florida Statutes. POSTED BY: Joe Benjamin, NIGP-CPP, CPPO, CPPB Director, Purchasing Name Title Bids Recommended for Award See Purchasing Agenda Summary for details. 22-740-156-SS-ER 22-165-135-RN 22-070-140-RN 22-205-145-RN 22-962-154-RFP 21- 968-095-RN/EX 22- 031-142 22-968-158-RN 22-803-159-RN 22-205-102 22-670-081 22-031-119-RN BID NUMBER BID TITLE BID CATEGORY BID TERM DESTINATION / REQUESTER *FUND/CC **PROJECT/ SUB- PROJECT TOTAL CONTRACT $ AMOUNT 22-740-156-SS-ER Sole Source Outdoor Walk-In Cooler/Freezer SS/ER N/A Food & Nutrition Dept. Lynn Geist 0410/5470 9514 92,878.16 COMMENTS : BID NUMBER BID TITLE BID CATEGORY BID TERM DESTINATION / REQUESTER *FUND/CC **PROJECT/ SUB- PROJECT TOTAL CONTRACT AMOUNT 22-165-135-RN Large Commercial Cooking Equipment (Partial Renewal) RN 1 yr.Food & Nutrition Dept. Lynn Geist 0410/5470 9502 50,000.00 (Estimate) COMMENTS : Strategic Equipment, LLC PURCHASING AGENDA SUMMARY January 25, 2022 Key to Bid Categories: CAN = Bid Cancellation, CB = Co-op Bid, CT = Contract Termination, DN = Direct Negotiation, ER = Emergency Ratification, EX = Bid Extension, HPS = Highest Point Score, LRB = Lowest Responsive Bid, PB = Piggy-Back Bid, PS/CM = Professional Services/Copyrighted Materials, RA = Revised Award, RB = Re-Award Bid, REJ = Bid Rejection, RFP = Request for Proposal, RN = Bid Renewal, SC = State Contract, SP = Sale of Property, SS = Sole Source RECOMMENDED BIDDER: Polar King International, Inc.RECOMMENDED BIDDER: Rationale : Bid originally awarded to two (2) vendors; however, only Groups 2 & 3 are being renewed as Groups 1, 4 & 5 cannot be renewed do to escalating cost with the uncertainty of increases coming in 2022 and/or items have been discontinued. A partial re-bid will be solicited for Groups 1, 4 & 5. Rationale : The vendor is the only manufacturer of a seamless fiberglass design, offering the only outdoor walk-in cooler and freezer to the food service industry marketplace which can be delivered and installed in one piece. A purchase order was issued in advance of School Board approval per School Board Policy 6320 in order to expedite the purchase of 2 portable walk-in cooler/freezers. PURCHASING AGENDA SUMMARY January 25, 2022 Key to Bid Categories: CAN = Bid Cancellation, CB = Co-op Bid, CT = Contract Termination, DN = Direct Negotiation, ER = Emergency Ratification, EX = Bid Extension, HPS = Highest Point Score, LRB = Lowest Responsive Bid, PB = Piggy-Back Bid, PS/CM = Professional Services/Copyrighted Materials, RA = Revised Award, RB = Re-Award Bid, REJ = Bid Rejection, RFP = Request for Proposal, RN = Bid Renewal, SC = State Contract, SP = Sale of Property, SS = Sole Source BID NUMBER BID TITLE BID CATEGORY BID TERM DESTINATION / REQUESTER *FUND/CC **PROJECT/ SUB- PROJECT TOTAL CONTRACT AMOUNT 22-070-140-RN Drivers Education Vehicle Leasing RN 1 yr.Countywide H/S Albert Bennett 0100/5640 2623/4129 90,000.00 (Estimate) BID NUMBER BID TITLE BID CATEGORY BID TERM DESTINATION / REQUESTER *FUND/CC **PROJECT/ SUB- PROJECT TOTAL CONTRACT AMOUNT 22-205-145-RN Computers, Apple: Out of Warranty Repairs RN 1 yr. Technology Information Systems Dept. Keith Mastorides 0100/51400 9902 75,000.00 (Estimate) The Bancorp dba Mears Motor LeasingRECOMMENDED BIDDER: RECOMMENDED BIDDER:Power Trends Technical PURCHASING AGENDA SUMMARY January 25, 2022 Key to Bid Categories: CAN = Bid Cancellation, CB = Co-op Bid, CT = Contract Termination, DN = Direct Negotiation, ER = Emergency Ratification, EX = Bid Extension, HPS = Highest Point Score, LRB = Lowest Responsive Bid, PB = Piggy-Back Bid, PS/CM = Professional Services/Copyrighted Materials, RA = Revised Award, RB = Re-Award Bid, REJ = Bid Rejection, RFP = Request for Proposal, RN = Bid Renewal, SC = State Contract, SP = Sale of Property, SS = Sole Source BID NUMBER BID TITLE BID CATEGORY BID TERM DESTINATION / REQUESTER *FUND/CC **PROJECT/ SUB- PROJECT TOTAL CONTRACT AMOUNT 22-962-154-RFP Request for Proposals: Commercial Carrier Service RN 1 yr. Countywide April Paul Albert Bennett 0100/5640 School Internal Funds Various other fund sources 2610/5150 300,000.00 (Estimate) COMMENTS : BID NUMBER BID TITLE BID CATEGORY BID TERM DESTINATION / REQUESTER *FUND/CC **PROJECT/ SUB- PROJECT TOTAL CONTRACT AMOUNT 21-968-095-RN/EX Access Control Systems: Installation, Maintenance & Repairs EX 3 mos.Countywide Chad Parker Various Various 600,000.00 (Estimate) COMMENTS : RECOMMENDED BIDDER: Rationale : Internal Accounts will comprise the majority of purchases under this contract for school field trips; Athletics Department will also utilize this contract when seeking bus transportation for athletic events. Schools and departments are permitted to utilize any carrier on the list. RECOMMENDED BIDDER: Rationale : The new bid for these services is being rejected. A three-month extension is needed to allow time to re-bid. . Annett Bus Lines, Assured Transportation, Inc., Astro Skate Bus Service, Jet Set Line Inc., Nemo Express Tours LLC., Olympus Limo, Inc., VIP Jet Tours dba Pegasus Transportation, Phoenix Bus, Inc., Recreation Express, Total Transport, LLC. ADT Commercial, LLC, Gerelcom, Inc., MCS of Tampa, Inc. PURCHASING AGENDA SUMMARY January 25, 2022 Key to Bid Categories: CAN = Bid Cancellation, CB = Co-op Bid, CT = Contract Termination, DN = Direct Negotiation, ER = Emergency Ratification, EX = Bid Extension, HPS = Highest Point Score, LRB = Lowest Responsive Bid, PB = Piggy-Back Bid, PS/CM = Professional Services/Copyrighted Materials, RA = Revised Award, RB = Re-Award Bid, REJ = Bid Rejection, RFP = Request for Proposal, RN = Bid Renewal, SC = State Contract, SP = Sale of Property, SS = Sole Source BID NUMBER BID TITLE BID CATEGORY BID TERM DESTINATION / REQUESTER *FUND/CC **PROJECT/ SUB- PROJECT TOTAL CONTRACT AMOUNT 22-968-121 Access Control Systems: Installation, Maintenance & Repairs REJ N/A Countywide Chad Parker N/A N/A N/A COMMENTS : BID NUMBER BID TITLE BID CATEGORY BID TERM DESTINATION / REQUESTER *FUND/CC **PROJECT/ SUB- PROJECT TOTAL CONTRACT AMOUNT 22-031-142 Chillers: Direct Purchase LRB N/A Dunedin M/S John Hopkins M/S Largo M/S Doug Schoel 0372/1091 0372/4061 0372/0141 3500/3001 3500/3001 3500/3001 1,082,742.00 BID NUMBER BID TITLE BID CATEGORY BID TERM DESTINATION / REQUESTER *FUND/CC **PROJECT/ SUB- PROJECT TOTAL CONTRACT AMOUNT 22-968-158-RN Intrusion Detection System Installations RN 1 yr.Countywide Chad Parker Various Various 250,000.00 (Estimate) RECOMMENDED BIDDER:ADT Commercial, LLC, MCS of Tampa, Inc. RECOMMENDED BIDDER:Carrier Corporation Rationale : All bids are being rejected as the required resumes for certified personnel did not meet specified requirements. RECOMMENDED BIDDER:N/A PURCHASING AGENDA SUMMARY January 25, 2022 Key to Bid Categories: CAN = Bid Cancellation, CB = Co-op Bid, CT = Contract Termination, DN = Direct Negotiation, ER = Emergency Ratification, EX = Bid Extension, HPS = Highest Point Score, LRB = Lowest Responsive Bid, PB = Piggy-Back Bid, PS/CM = Professional Services/Copyrighted Materials, RA = Revised Award, RB = Re-Award Bid, REJ = Bid Rejection, RFP = Request for Proposal, RN = Bid Renewal, SC = State Contract, SP = Sale of Property, SS = Sole Source BID NUMBER BID TITLE BID CATEGORY BID TERM DESTINATION / REQUESTER *FUND/CC **PROJECT/ SUB- PROJECT TOTAL CONTRACT AMOUNT 22-803-159-RN I.P. Integrated Zone Paging Communication System, Installed RN 1 yr.County Wide Chad Parker Various Various 2,000,000.00 (Estimate) BID NUMBER BID TITLE BID CATEGORY BID TERM DESTINATION / REQUESTER *FUND/CC **PROJECT/ SUB- PROJECT TOTAL CONTRACT AMOUNT 22-205-102 Laptop Cases, Bulk LRB N/A Technology & Information Systems Department Keith Mastorides 0372/5140 3947/4212 93,280.00 BID NUMBER BID TITLE BID CATEGORY BID TERM DESTINATION / REQUESTER *FUND/CC **PROJECT/ SUB- PROJECT TOTAL CONTRACT AMOUNT 22-205-124 LED Displays and Digital Signage Software REJ N/A Pinellas Technical College Frank Cianca N/A N/A N/A COMMENTS : RECOMMENDED BIDDER:United Data Technologies, Inc. RECOMMENDED BIDDER:N/A Rationale : Specifications being revised for rebid. RECOMMENDED BIDDER:Advanced Cable Connections, Inc., MCS of Tampa, Inc., Midwest Alarm Company, Inc. dba BCI Integrated Solutions PURCHASING AGENDA SUMMARY January 25, 2022 Key to Bid Categories: CAN = Bid Cancellation, CB = Co-op Bid, CT = Contract Termination, DN = Direct Negotiation, ER = Emergency Ratification, EX = Bid Extension, HPS = Highest Point Score, LRB = Lowest Responsive Bid, PB = Piggy-Back Bid, PS/CM = Professional Services/Copyrighted Materials, RA = Revised Award, RB = Re-Award Bid, REJ = Bid Rejection, RFP = Request for Proposal, RN = Bid Renewal, SC = State Contract, SP = Sale of Property, SS = Sole Source BID NUMBER BID TITLE BID CATEGORY BID TERM DESTINATION / REQUESTER *FUND/CC **PROJECT/ SUB- PROJECT TOTAL CONTRACT AMOUNT 22-670-081 Plumbing Supplies LRB 1 yr. Maintenance Department Michael Hewett Various Various 400,000.00 (Estimate) BID NUMBER BID TITLE BID CATEGORY BID TERM DESTINATION / REQUESTER *FUND/CC **PROJECT/ SUB- PROJECT TOTAL CONTRACT AMOUNT 22-031-119-RN HVAC Filters & Frames RN 1 yr. Maintenance Department Michael Hewett Various Various 360,000.00 (Estimate) RECOMMENDED BIDDER:Ferguson Enterprises: Categories 12, 22, 25, 31, 33 & 35 Tampa Winsupply: Categories 1-11, 13-21, 23, 24, 26-30, 32, 34 & 36 RECOMMENDED BIDDER:Andrews Filter & Supply Corp. PURCHASING AGENDA SUMMARY January 25, 2022 Key to Bid Categories: CAN = Bid Cancellation, CB = Co-op Bid, CT = Contract Termination, DN = Direct Negotiation, ER = Emergency Ratification, EX = Bid Extension, HPS = Highest Point Score, LRB = Lowest Responsive Bid, PB = Piggy-Back Bid, PS/CM = Professional Services/Copyrighted Materials, RA = Revised Award, RB = Re-Award Bid, REJ = Bid Rejection, RFP = Request for Proposal, RN = Bid Renewal, SC = State Contract, SP = Sale of Property, SS = Sole Source BID NUMBER BID TITLE BID CATEGORY BID TERM DESTINATION / REQUESTER *FUND/CC **PROJECT/ SUB- PROJECT TOTAL CONTRACT AMOUNT 17-962-234-PB On-line Marketplace for the Purchase of Products and Services PB/RN 2 Yr.Countywide Joe Benjamin Various Various 1,500,000 (Estimate) COMMENTS : RECOMMENDED BIDDER:Amazon Services LLC dba Amazon Business Rationale : Utilizing U.S. Communities Master Agreement R-TC-17006. Lead agency is Prince William County Public Schools Virginia. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0018 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Elect a Councilmember to serve as Vice Mayor. SUMMARY: The city charter requires the City Council to elect one of its members as Vice Mayor at the first meeting in April. Per City Council Rule 5, the office of Vice Mayor shall be rotated amongst the councilmembers annually, with Seat 2 serving in this capacity in 2022. Page 1 City of Clearwater Printed on 3/31/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0235 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 11.2 SUBJECT/RECOMMENDATION: Appoint Councilmembers to Regional and Miscellaneous Boards. SUMMARY: 2022 Regional and Miscellaneous Board Appointment Board (Date/Time of Meeting)Delegate Audit Committee Hibbard (Meets as required)Herb McLachlan, citizen Lisa Burley American Public Gas Association Hamilton (Chuck Warrington - Gas) Hibbard - Alt. (meet 4 times a year - move around the Country) Area Agency on Aging of Pasco/Pinellas Kerry Marsalek (3rd Monday of the month - 9:30 a.m.)Office on Aging Mgr Location: AAAPP in St. Pete Barrier Island Governmental Council Hamilton - Voting Del. (4th Wednesday of the month - 9:00 a.m.; two-year term)Beckman - Alt. Location: TBA (Meeting place rotates)Hibbard - Alt. #2 Clearwater Arts Alliance Beckman (4th Tuesday of the month - 4:00 p.m.) Location: Johnson, Pope, Bokor, Ruppel & Burns, 911 Chestnut St., 33756 Courtney Campbell Scenic Highway Citizen Advisory Committee Bunker (Quarterly on 3rd Friday of the month - 10:00 a.m.) Homeless Leadership Alliance Beckman (1st Friday of the month - 1:00 p.m.) Location: Hospice of the Florida Suncoast on Roosevelt Blvd. Mayor’s Council of Pinellas County Hibbard (1st Wednesday of the month - 11:30 a.m.) Page 1 City of Clearwater Printed on 3/31/2022 File Number: ID#22-0235 Pinellas Collaborative Committee Hibbard (Meet as needed - 9:00 a.m.) Location: 600 Cleveland St., Suite 750 Pinellas County Aircraft Noise Abatement Task Force Sean Schrader (At Large) (Quarterly - 3:00 p.m.)Jerry Karp/Del Oro Groves Location: St. Pete-Clearwater Int’l Airport - Conf. Room #234) School Transportation Safety Committee Beckman (Meet as needed - 9:30 a.m.) Location: 600 Cleveland St., Suite 750 Suncoast League of Cities Board Beckman (3rd Friday of the month - 11:30 a.m.)Hamilton - Alt. Location: Different city every month Tampa Bay Estuary Policy Board Beckman (Quarterly on Friday - 10:00 a.m.)Bunker - Alt. Councilmember highly recommended Location: Tampa Bay Regional Planning Council, 4000 Gateway Centre, Ste. 100, Pinellas Park Tampa Bay Regional Planning Council (TBRPC)Hamilton (2nd Monday - 10:00 a.m.)Bunker - Alt. Location: Tampa Bay Regional Planning Council, 4000 Gateway Centre, Ste.100, Pinellas Park The following Boards have the specific term expiration date noted: Board (Date/Time of Meeting)Delegate Bicycle Advisory Committee (BAC)Chip Haynes Advisory Committee to the MPO Robert Yunk (4th Monday each month - 8:30 a.m.)Win Dermody No seat terms Ric Hartman - Tech Support Rep. Clearwater Representatives (appointments made by County) Citizens Advisory Committee (CAC)Luis Serna Advisory Committee to the MPO Bill Jonson (4th Thursday each month - 7:00 p.m. - 4 year term) Clearwater Representatives (appointments made by County) Forward Pinellas Allbritton MPO/PPC - (2nd Wednesday of the month - 1:00 p.m.) (term expires 9/30/25; four-year term) Location: P.C. Courthouse, 5th Floor Pension Advisory Committee (PAC)Hibbard Page 2 City of Clearwater Printed on 3/31/2022 File Number: ID#22-0235 (2nd Thursday - 9:00 a.m.)4/4/2022 (two-year term)Hamilton 4/4/2022 Bunker 4/4/2023 Pension Investment Committee Sheldon Goldberg (term expires 8/31/22; two-year term)(Resigned 11/19/21) Pinellas Suncoast Transit Authority (PSTA)Allbritton (4th Wednesday of the month - 9:00 a.m.) (term expires 9/30/24; three-year term) Location: PSTA, St. Petersburg Sister Cities Advisory Board Hamilton (term expires 4/30/22; four-year term) Appointments by other entities: Downtown Development Board Ex-Officio Members Hibbard (CRA Trustees)Bunker (1st Wednesday of the month - 5:30 p.m.) Florida League of Mayors Hibbard Tourist Development Council Hibbard (City Council makes recommendation/County makes appointment) (term expires 10/31/24; four-year term) WorkNet Pinellas Board *Beckman (Quarterly - 11:45 a.m.) Location: EpiCenter in Clearwater *8/8/13 - Per Diana Day, Adm. Asst., WorkNet Pinellas Board, an elected official is no longer a requirement & there’s no term expiration. Currently councilmember Kathleen Beckman is a non-voting committee member and has the option to attend this board. Page 3 City of Clearwater Printed on 3/31/2022 Regional and Miscellaneous Boards 2022 Appointments Board (Date/Time of Meeting) Delegate Audit Committee Hibbard (Meets as required) Herb McLachlan, citizen Lisa Burley American Public Gas Association Hamilton (Chuck Warrington – Gas) Hibbard – Alt. (meet 4 times a year – move around the Country) Area Agency on Aging of Pasco/Pinellas Kerry Marsalek (3rd Monday of the month – 9:30 a.m.) Office on Aging Mgr Location: AAAPP in St. Pete Barrier Island Governmental Council Hamilton – Voting Del. (4th Wednesday of the month – 9:00 a.m.; two-year term) Beckman – Alt. Location: TBA (Meeting place rotates) Hibbard – Alt. #2 Clearwater Arts Alliance Beckman (4th Tuesday of the month – 4:00 p.m.) Location: Johnson, Pope, Bokor, Ruppel & Burns, 911 Chestnut St., 33756 Courtney Campbell Scenic Highway Citizen Advisory Committee Bunker (Quarterly on 3rd Friday of the month – 10:00 a.m.) Homeless Leadership Alliance Beckman (1st Friday of the month – 1:00 p.m.) Location: Hospice of the Florida Suncoast on Roosevelt Blvd. Mayor’s Council of Pinellas County Hibbard (1st Wednesday of the month – 11:30 a.m.) Pinellas Collaborative Committee Hibbard (Meet as needed – 9:00 a.m.) Location: 600 Cleveland St., Suite 750 Pinellas County Aircraft Noise Abatement Task Force Sean Schrader – (At Large) (Quarterly – 3:00 p.m.) Jerry Karp/Del Oro Groves Location: St. Pete-Clearwater Int’l Airport – Conf. Room #234) School Transportation Safety Committee Beckman (Meet as needed – 9:30 a.m.) Location: 600 Cleveland St., Suite 750 Suncoast League of Cities Board Beckman (3rd Friday of the month – 11:30 a.m.) Hamilton – Alt. Location: Different city every month Tampa Bay Estuary Policy Board Beckman (Quarterly on Friday – 10:00 a.m.) Bunker – Alt. Councilmember highly recommended Location: Tampa Bay Regional Planning Council, 4000 Gateway Centre, Ste. 100, Pinellas Park Tampa Bay Regional Planning Council (TBRPC) Hamilton (2nd Monday – 10:00 a.m.) Bunker – Alt. Location: Tampa Bay Regional Planning Council, 4000 Gateway Centre, Ste.100, Pinellas Park The following Boards have the specific term expiration date noted: Board (Date/Time of Meeting) Delegate Bicycle Advisory Committee (BAC) Chip Haynes Advisory Committee to the MPO Robert Yunk (4th Monday each month – 8:30 a.m.) Win Dermody No seat terms Ric Hartman – Tech Support Rep. Clearwater Representatives (appointments made by County) Citizens Advisory Committee (CAC) Luis Serna Advisory Committee to the MPO Bill Jonson (4th Thursday each month – 7:00 p.m. – 4 year term) Clearwater Representatives (appointments made by County) Forward Pinellas Allbritton MPO/PPC - (2nd Wednesday of the month – 1:00 p.m.) (term expires 9/30/25; four-year term) Location: P.C. Courthouse, 5th Floor Pension Advisory Committee (PAC) Hibbard (2nd Thursday – 9:00 a.m.) 4/4/2022 (two-year term) Hamilton 4/4/2022 Bunker 4/4/2023 Pension Investment Committee Sheldon Goldberg (term expired 8/31/22; two-year term) Pinellas Suncoast Transit Authority (PSTA) Allbritton (4th Wednesday of the month – 9:00 a.m.) (term expires 9/30/24; three-year term) Location: PSTA, St. Petersburg Sister Cities Advisory Board Hamilton (term expires 4/30/22; four-year term) Appointments by other entities: Downtown Development Board Ex-Officio Members Hibbard (CRA Trustees) Bunker (1st Wednesday of the month – 5:30 p.m.) Florida League of Mayors Hibbard Tourist Development Council Hibbard (City Council makes recommendation/County makes appointment) (term expires 10/31/24; four-year term) WorkNet Pinellas Board * Beckman (Quarterly – 11:45 a.m.) Location: EpiCenter in Clearwater *8/8/13 – Per Diana Day, Adm. Asst., WorkNet Pinellas Board, an elected official is no longer a requirement & there’s no term expiration. Currently councilmember Kathleen Beckman is a non-voting committee member & has the option to attend this board. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0243 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: AppointmentIn Control: Official Records & Legislative Services Agenda Number: 11.3 SUBJECT/RECOMMENDATION: Appoint a member to the countywide Opioid Abatement Funding Advisory Board. SUMMARY: As a result of the national opioid crisis, many governmental entities throughout the country filed lawsuits against opioid manufacturers, distributors, and retailers, hereinafter referred to as the "defendants", to hold them accountable for the damage caused by their misfeasance, nonfeasance and malfeasance, as well as recover monetary damages for past harm and financial compensation for ongoing and future abatement efforts. The City of Clearwater, the City of St. Petersburg, the City of Pinellas Park (hereinafter referred to as the "MDL Cities") and the County deemed the opioid crisis significant enough to secure litigation counsel and individually elect to file suit against the defendants. The lawsuits filed by the MDL Cities and the County were consolidated with other lawsuits filed by state, tribal and local governmental entities into what is known as the National Prescription Opiate Litigation in the United States District Court of the Northern District of Ohio, Eastern Division, case number 1:17-MD-2804. As a result of this litigation, multiple defendants have begun to negotiate settlements. The Attorney General for the State of Florida (Attorney General) anticipates that Settlement funds will be distributed to the State of Florida over multiple years as part of a global settlement, and not directly to the MDL Cities and County, despite their position as party plaintiffs, and the Attorney General has proposed entering into agreements with local governments within the State of Florida to receive Settlement funds. This agreement (hereinafter referred to as the “State MOU”), as currently drafted, divides settlement funds into three portions: City/County funds, Regional funds, and State funds. The State MOU, which was approved by City Council on August 5, 2021, provides for an Opioid Abatement Funding Advisory Board that will determine guidelines for the use of the funding. The Board will be comprised of one member from each of the parties (St. Petersburg, Pinellas Park, Clearwater and Pinellas County), along with the Director of the Florida Department of Health in Pinellas County or designee or someone with subject matter expertise in public health or addiction who is not employed by a provider of opioid-related services in Pinellas County. The Interlocal Agreement states that the Opioid Abatement Funding Advisory Board shall meet regularly and as often as needed to effectuate its responsibilities, but no less than quarterly and on a schedule which allows the Opioid Task Force to provide the data compiled for and arising out of its quarterly meeting to the Opioid Abatement Funding Advisory Board for review and consideration. The Agreement requires that the Advisory Board must establish an annual Page 1 City of Clearwater Printed on 3/31/2022 File Number: ID#22-0243 process that includes each of the following: A date certain each year by which the Opioid Abatement Funding Advisory Board must meet and review the data available from previous years, tending to evidence the local status of the opioid epidemic and the effect of abatement programming. The Opioid Abatement Funding Advisory Board must review the programs and services of the beneficiaries of Pinellas County Regional Funds to determine the outcome of such programs and services in order to hold beneficiaries accountable. The Opioid Abatement Funding Advisory Board must annually determine funding, programs, services, and location priorities for the upcoming year(s) (Opioid Abatement Funding Advisory Board Priority List). The County will perform competitive solicitations for programming and services based on the Opioid Abatement Funding Advisory Board Priority List in accordance with a centralized, county-wide competitive grant process similar to that which is attached as Exhibit B, and the Pinellas Litigating Governments will be provided the opportunity to participate in the review process. Final Review recommendations will be approved by the Opioid Abatement Funding Advisory Board, who shall present recommendations to the BCC for approval. The BCC shall accept/approve Opioid Abatement Funding Advisory Board recommendations unless the BCC rejects such recommendations by a vote of at least five of the seven commissioners. Council may appoint a councilmember or a member of the executive team to serve on this board. Since this board has power over public funds, and will need to collaborate with other government stakeholders, a private citizen should not be appointed. Page 2 City of Clearwater Printed on 3/31/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0315 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 11.4 SUBJECT/RECOMMENDATION: Appoint a member to the Sister Cities Advisory Board as the business community representative for an unexpired term through March 31, 2024. SUMMARY: APPOINTMENT WORKSHEET BOARD: Sister Cities Advisory Board TERM: 4 years APPOINTED BY: Sister Cities Advisory Board FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: One member of the City Council MEMBERS: 6 + 1 At-large member CHAIRPERSON: Michael Ballard MEETING DATES: Quarterly PLACE: Council Chambers APPOINTMENTS NEEDED: 1 SPECIAL QUALIFICATIONS: Representatives of Clearwater Sister Cities, Inc., the local business community, the School Board’s World Language Coordinator or designee, and the Clearwater Arts Alliance shall not be required to reside within the City of Clearwater. THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1. Michael Brewster - 2665 Camille Drive, 34684 - Local Business Community Rep. (Resigned 2/10/2022) THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1.Robert Kantor - 717 Eldorado Avenue, 33767 (business owner; employer: Kantor & Smith LLC) 2.Martin D. Kelly - 1451 Sandy Lane, 33755 (radio show host; employer: Kelly Kelly Show) 3.Nicholas West - 111 N. Nimbus Avenue, 33765 (political analyst; employer: Republican Party of Florida) Zip codes of current members: Page 1 City of Clearwater Printed on 3/31/2022 File Number: ID#22-0315 1 - 33710 2 - 33761 1 - 33763 1 - 34683 1 - 34684 Page 2 City of Clearwater Printed on 3/31/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0336 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 11.5 SUBJECT/RECOMMENDATION: Appoint a member to the Community Development Board to serve as the Alternate Member for a term to expire April 30, 2026. SUMMARY: APPOINTMENT WORKSHEET BOARD: Community Development Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Yes RESIDENCY REQUIREMENT: City of Clearwater MEMBERS: 7 & 1 alternate CHAIRPERSON: Mary Lau MEETING DATES: 3rd Tues., 1:00 p.m. PLACE: Main Library APPTS. NEEDED: 1 Alternate member SPECIAL QUALIFICATIONS: The city commission shall seek a membership with diverse economic, social and professional representation and shall include members qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, planning and land use law and real estate. THE FOLLOWING ADVISORY BOARD MEMBER, SERVING AS THE ALTERNATE MEMBER, HAS A TERM THAT EXPIRES ON 4/30/22 AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE TO SERVE AS THE ALTERNATE MEMBER: 1. Muhammad Abdur-Rahim - 1028 N. Madison Ave., 33755 - Retired Public Service Original Appointment: 6/3/21 (currently filling an unexpired term until 4/30/22) Interest in Reappointment: No (Alternate Member) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Diane Achinelli - 904 Brigadoon Dr., 33756 - Senior Project Coord. 2. Bill Jonson - 2694 Redford Court W., 33761 - Retired former Councilmember/Project Page 1 City of Clearwater Printed on 3/31/2022 File Number: ID#22-0336 Mgr. * 3. Benjamin Roy - 1412 N Fort Harrison Ave., 33755 - Real Estate 4. Nicholas West - 111 N. Nimbus Ave., 33765 - Political Analyst * *Listed work experience falls outside preferred professional background. Zip codes of current members: 2 at 33755, 1 at 33756, 1 at 33761, 1 at 33764 and 3 at 33767 Current Categories: 1 Attorney 2 Engineers 1 Construction and Real Estate 1 Corporate General Counsel 1 General Contractor 1 Real Estate Broker/Developer 1 Retired/Public Service Page 2 City of Clearwater Printed on 3/31/2022 Application for Advisory Boards Board Selection Please refer to the City of Clearwater Advisory Boards listing for requirements. You will need to upload at least one of the following: Current voter registration within city limits Valid current Florida Driver License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits Select the Boards That You Would Like to Apply To Boards Community Development Board* Personal Info First Name* Middle Initial Last Name* Email Address * Primary Phone* Length of Residency* Business Owner?* Street Address* City* Zip Code* William c Jonson bill.jonson@usa.net (727) 403-6068 (Example: (123) 456-7890) If not a resident of Clearwater, select "Not a Resident" 6+ Years Do You Own or Represent a Business in Clearwater? Yes No Home Address 2694 Redford Court W Clearwater 33761 Education & Work Highest Level of Education Occupation Employer Relevant Work Experience Community Activities Board Service* Board Experience Board*Start Year*End Year* Bachelor’s degree If retired, enter former occupation Retired - Former Councilmember and Project Manager City of Clearwater I served on the Clearwater City Council from 2001-2007 and 2010-2018 President of the Clearwater Neighborhoods Coalition Founder of Citizens for a Better Clearwater Florida League of Cities Board 2014-2016 Suncoast League of Cities Board 2001-2018 Countryside Northridge Homeowners Association Have you served or do you serve on a board in Clearwater? Yes No Clearwater Code of Enforcement Task Force 1992 1994 Clearwater Environmental Advisory Board 1990 1992 Pinellas Suncoast Transit Authority 2001 2018 Tampa Bay Estuary Board 2001 2007 Courtney Campbell Scenic Highway CAC - Chair 2001 2022 Clearwater City Council 2001 2018 Tampa Bay Area Regional Transit Authority CAC 2007 2022 Forward Pinellas Citizens Advisory Committee 2008 2022 Attachments Voter Registration* One of the boards selected requires the upload of your voter registration. This will satisfy the proof of residency for any other boards selected. Please refer to the City of Clearwater Advisory Boards listing for requirements and please attach a copy of one of the following documents: Current voter registration within city limits Valid current Florida Driver License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits Proof of Residency Bills voter ID 2022-01-10_76.pdf 268.18KB File types accepted: pdf, tif, tiff, jpeg, jpg, gif, doc, docx, rtf, png. 10 MB max file size. Bills voter ID 2022-01-10_76.pdf 268.18KB File types accepted: pdf, tif, tiff, jpeg, jpg, gif, doc, docx, rtf, png. 10 MB max file size. Questionnaire Question 1. What is your understanding of the duties and responsibilities of the Board(s)? Answer 1.* Question 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Answer 2.* Question 3. What background, experience, or education qualifies you to serve on the Board(s)? Answer 3.* Question 4. Why do you want to serve on the Board(s)? Answer 4.* Date* Signature* CDC Sec. 5-201 Lists the Powers and Duties: 1) To review and decide appeals from Level One Approvals 2) To review and decide applications for Level Two Approvals 3)To review and make recommendations to the City Council in regard to applications for Level three Approvals 4) to impose conditions on Level One and Level Two Approvals which are determined to be necessary to carry out the purposes of the Development Code 5) adopt rules for the conduct of the CDB meetings and/or establish committees Yes No CDC Sec. 5-202 CDB Membership reads in part "shall seek membership with diverse economic, social and professional representation". I would add economic diversity to the traditional appointees to the CDB who mostly represent development professions. I come from the Clearwater Neighborhoods Association that represents the individual homeowners and renters that are residents within our great city. I want to see Clearwater become the best City within Florida. As stated during the writing of the current CDC, Clearwater is a City in redevelopment. As such the code was written to allow flexibility for quality development. The CDC has provisions to implement this goal. The CDB has the responsibility to ensure that those provisions are fully followed benefiting the property owner, the neighbors and the city as a whole. 1/10/2022 Member, Pinellas REALTOR Organization;Member, Pinellas County Republican Executive Committee; Courtesy Associate Member, National Association of Mortgage Brokers;Member, Association of International Certified Professional Accountants (AICPA) Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0266 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 12.1 SUBJECT/RECOMMENDATION: Authorize the City Attorney to hire GrayRobinson, P.A. to represent the City and Joseph Roseto in the matter of Nathaniel Brooks v. City of Clearwater and Joseph Roseto, Civil Action No. 8:21-CV-02967-SDM-TGW, approve the Legal Services Agreement for an initial amount not to exceed $50,000, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater was served with a lawsuit alleging that Mr. Brooks’ civil rights were violated by events that occurred between 2014 and 2018. The Code of Ordinances requires the City to protect and defend both current and former employees in any civil action or proceeding in any state or federal court arising out of any alleged act or omission which occurred or is alleged in the complaint to have occurred while the employee was acting within the scope of his public employment or duties. The City Attorney has assigned defense of this lawsuit to Gregory Hearing, Esq. of the law firm of GrayRobinson, P.A. The initial budget is $50,000 for this case. Additional fees, if any, will be presented to Council for approval. This agreement is exempt from bidding requirements pursuant to Section 2.563(1)(g), Clearwater Code of Ordinances. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 010-09600-530100, Professional Services, to fund this contract. Page 1 City of Clearwater Printed on 3/31/2022 LEGAL SERVICES AGREEMENT THIS AGREEMENT is made on the ____ day of __________, 2022, by and between the CITY OF CLEARWATER, FLORIDA (the "City") and the law firm of GrayRobinson, P.A. (“Counsel"). W I T N E S S E T H: WHEREAS, the City wishes to retain a firm to serve as Counsel in connection with matters pertaining to Nathaniel Brooks v. City of Clearwater and Joseph Roseto, Case No. 8:21-cv-02967-SDM-TGW and other employment issues as they arise; and WHEREAS, the City has an existing contractual relationship with the law firm of GrayRobinson, where said relationship includes representation of the City of Clearwater in labor and employment matters; NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, the parties hereto do hereby agree as follows: SECTION 1. AUTHORIZATION TO PROCEED AS COUNSEL. Counsel is hereby authorized to provide services as described in this Agreement and for the professional fees described in this Agreement. SECTION 2. SCOPE OF SERVICES. Counsel hereby agrees to provide its professional services in connection with the following matter: Nathaniel Brooks v. City of Clearwater and Joseph Roseto, Case No. 8:21-cv-02967-SDM-TGW and other employment issues as they arise. SECTION 3. PROFESSIONAL FEES FOR SERVICES. The City and Counsel agree to a rate of $250.00 per hour for attorney services for Gregory Hearing or other shareholder, $185.00 per hour for attorney services for associate attorneys, and $95.00 per hour for paralegal services. The total amount paid under this agreement shall not exceed $50,000 without prior approval from the City Council. SECTION 4. TERM. This Agreement will be effective commencing March 15, 2022 through September 30, 2027 or the end of litigation in the above-referenced case, whichever occurs later. SECTION 5. COMPENSABLE EXPENSES. Reimbursement of expenses shall be made by the City to the firm for reasonable out-of-pocket expenses as determined by the City Attorney without markup, including but not limited to long distance calls and facsimiles, copying or reproducing documents, postage, court costs, parking costs and travel incurred by Counsel in performance of the duties hereunder. Travel and per diem costs as well as [LT22-9901-548/286199/1] 2 auto travel expenses shall not exceed that which is available to City of Clearwater employees. SECTION 6. INDEMNIFICATION AND INSURANCE. Counsel agrees to protect, defend, indemnify and hold the City and its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or due to any negligent act or omission of Counsel or its employees in connection with or arising directly or indirectly out of this Agreement and/or the performance hereof. Without limiting its liability under this Agreement, Counsel shall procure and maintain during the life of this Agreement professional liability insurance in an amount in excess of $1,000,000. This provision shall survive the termination of this Agreement. SECTION 7. CONFLICT OF INTEREST. It is understood by the City and Counsel that Counsel is not aware of any clients of the firm that currently present any conflict between the interests of the City and other clients of Counsel. If any potential conflict of interest arises during the time Counsel is representing the City, Counsel will promptly inform the City. The City is under no obligation to agree to permit the conflict representation. SECTION 8. CONSTRUCTION AND AMENDMENTS. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. This Agreement may be amended only by a writing duly entered into by the City and Counsel. SECTION 9. COURT REPORTER SERVICES. The City has a contract with D & D Reporting Services for all court reporter services, including the use of court reporter services by the City’s outside counsel. Counsel agrees to use D & D Reporting Services whenever possible. SECTION 10. CANCELLATION OF AGREEMENT. The City or Counsel may cancel or terminate this Agreement upon ten days advance written notice to Counsel. In the event of cancellation, Counsel shall immediately cease work hereunder and shall be reimbursed for eligible and documented reimbursable expenses incurred prior to the date of cancellation. Further, it is understood and agreed between the City and Counsel that Gregory Hearing, Esquire, will be the lead attorney assigned by the firm to provide the services contained herein. The City in its absolute discretion may immediately terminate this Agreement upon written notice to the firm if the services of this attorney are unavailable to the City. SECTION 11. ATTORNEYS FEES. In the event that either party seeks to enforce this Agreement through attorneys at law, then the parties agree that each party shall bear its own costs and that jurisdiction for such an action shall be in a court of competent jurisdiction in Pinellas County, Florida. [LT22-9901-548/286199/1] 3 IN WITNESS WHEREOF, the City and Counsel have executed this Agreement as of the date first written above. Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By: __________________________ Frank V. Hibbard Jon Jennings Mayor City Manager Approved as to form: Attest: ___________________________ ________________________________ David Margolis Rosemarie Call City Attorney City Clerk GrayRobinson, P.A. By: _____________________________ Gregory Hearing, Esq. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0332 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 12.2 SUBJECT/RECOMMENDATION: Request for authority to settle the case of SCI Pelican Walk, LLC v. City of Clearwater, et al., Case No. 21-4719-CI, and authorize the appropriate officials to execute associated settlement documents. (consent) SUMMARY: On June 17, 2021, the City Council declared Condominium Unit PUB of the North Beach Plaza Condominium (Property) surplus for the purpose of sale through “Invitation to Bid # 46-21,” whereby the successful bid was required to meet the terms set by Council. Covenant Property Investors, LLC (Covenant) was the successful bidder and entered into a real property sales contract (Contract) with the City on September 22, 2021 in the amount of $12.5 million. The Contract is assignable with council approval. Subsequent litigation ensued between SCI Pelican Walk, LLC (SCI) on the one hand and Covenant and the City on the other. The parties have agreed, pending council approval, to settle the lawsuit with the following terms: 1.Covenant will assign the Contract to SCI. 2.SCI will close within 60 days of the City’s approval of the assignment. 3.At closing, the City will be paid $12.5 million for the Property. 4.SCI will dismiss the lawsuit with prejudice and execute a release of all claims against the City as well as the other defendants. City staff recommends approval of the settlement terms and execution of the associated settlement documents. APPROPRIATION CODE AND AMOUNT: 0109600-548000 Page 1 City of Clearwater Printed on 3/31/2022 ASSIGNMENT AND ASSUMPTION OF CONTRACT KNOW ALL MEN BY THESE PRESENTS, that COVENANT PROPERTY INVESTORS, LLC, a Georgia limited liability (hereinafter referred to as the “Assignor”), in consideration of the sum of Ten and No/100ths Dollars ($10.00) and other good and valuable considerations, to it in hand paid by SCI PELICAN WALK LLC, a Florida limited liability company (hereinafter referred to as the “Assignee”), at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, assigned, transferred and set over, and by these presents does grant, bargain, sell, assign, transfer and set over unto the Assignee, its successors and assigns, forever, that certain Purchase and Sale Agreement between THE CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida, as Seller, and Assignor, as Buyer, entered into and effective on September 22, 2021, as amended thereafter by that certain First Amendment to Contract for Purchase of Real Property entered into and effective on January 24, 2022 (hereinafter collectively referred to as the “Contract”) for the purchase and sale of certain real property located in Pinellas County, Florida, which is more particularly described in Exhibit A attached hereto and made a part hereof by reference as if fully set forth herein. TO HAVE AND TO HOLD the same unto the Assignee, its successors and assigns, forever; provided, however, that in the event that Assignee and the Seller fail to close, due solely to a breach of the Contract by Assignee, within five (5) business days of the Closing Date provided for in the Contract (as the same may be amended), this ASSIGNMENT AND ASSUMPTION OF CONTRACT shall revert to Assignor, its successors and assigns, forever, together with all rights attendant thereto and without any subsequently executed Agreements or Amendments to the Contract. The Assignee, by the acceptance hereof, hereby assumes the performance of all the terms, covenants, obligations, and conditions imposed upon the Assignor pursuant to the Contract and agrees to perform all the terms, covenants and conditions required it pursuant to the Contract in all respects and with the same effect as though the Assignee had executed the Contract as the buyer originally named therein. [signature page to follow] 2 [SIGNATURE PAGE TO ASSIGNMENT AND ASSUMPTION OF CONTRACT] IN WITNESS WHEREOF, the Assignor and Assignee have hereunto caused this Assignment and Assumption of Contract to be executed effective this ____ day of ___________, 2022. COVENANT PROPERTY INVESTORS, LLC, a Georgia limited liability By: Name: Title: “ASSIGNOR” SCI PELICAN WALK LLC, a Florida limited liability company By: Name: Title: “ASSIGNEE” 3 JOINDER AND CONSENT BY OWNER THE CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida, as owner of the Property to be conveyed under the underlying Contract for Purchase of Real Property by the City of Clearwater, Florida, hereby joins in the execution of this Assignment to evidence its consent to the assignment contemplated herein, pursuant to the provision therein contained. This consent to the Assignment shall not be a waiver of the right of owner to require such consent to future or successive assignments. APPROVED BY SELLER AND EFFECTIVE THIS __DAY OF ________________, 2022 Countersigned: __________________________ Frank Hibbard, Mayor Approved as to form: __________________________ Laura Mahony, Senior Assistant City Attorney OWNER: THE CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida By: Name: Title: Attest: __________________________ Rosemarie Call, City Clerk 4 EXHIBIT A Legal Description Condominium Unit PUB of NORTH BEACH PLAZA CONDOMINIUM, a Condominium, according to the Declaration of Condominium thereof, recorded in Official Records Book 19444, Page 145, and any amendments thereto, and the plat thereof recorded in Condominium Plat Book 159, Page 91, of the Public Records of Pinellas County, Florida, together with its undivided share in the common elements appurtenant thereto.   [LT21‐9601‐566/286755/1]  SECOND AMENDMENT TO CONTRACT FOR PURCHASE OF REAL PROPERTY This Second Amendment to Contract for Purchase of Real Property (this “Second Amendment” or this “Amendment”), is effective as of April __, 2022 (the “Amendment Effective Date”), by and between SCI Pelican Walk LLC, a Florida limited liability company (“Buyer”), and The City of Clearwater, Florida, a municipal corporation of the state of Florida (“Seller”). RECITALS: A. Seller and Covenant Property Investors, LLC, a Georgia limited liability company (“Covenant”) entered into that certain Contract for Purchase of Real Property, dated effective September 22, 2021, as amended by that certain First Amendment to Contract for Purchase of Real Property dated effective January 24, 2022 (the “Agreement”). B. Covenant assigned the Agreement to the Buyer pursuant to that certain Assignment and Assumption of Contract dated April __, 2022 (the “Assignment”), to which the Seller joined pursuant to that certain Joinder and consent by Owner dated April __, 2022. C. Buyer and Seller wish to amend the Agreement as set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises contained herein and in the Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals and Definitions. The foregoing recitals are incorporated herein by reference as true and correct. Unless otherwise defined herein, any capitalized terms shall have the meaning and definition set forth in the Agreement. 2. Closing. The Closing Date defined in Section 10 of the Agreement, as amended by the First Amendment to the Agreement is hereby amended to be within sixty (60) days after approval of the Assignment by City Council of the Seller. 3. Parking Management. Seller acknowledges and agrees that the current Association Management Agreement and Parking Management Agreement (collectively, the “Management Agreements”) with Parksimple, LLC , shall be terminated effective as of the Closing Date, and therefore hereby assigns, transfers, and sets over to Buyer, all of its right, title and interest in and to the Management Agreements, as its interests may appear as of the Closing Date, and Buyer hereby assumes all of Seller’s obligations under the Management Agreements, effective as of the Closing Date. 4. No Other Modifications. Except as set forth in this Second Amendment or as necessary to carry out the intents and purposes of this Second Amendment, no other modifications are intended or made to the Agreement.   [LT21‐9601‐566/286755/1]  [Signature page follows.]   [LT21‐9601‐566/286755/1]  [SIGNATURE PAGE TO SECOND AMENDMENT TO CONTRACT] IN WITNESS WHEREOF, the Buyer and Seller with the intent to be legally bound have executed this Agreement as of the Amendment Effective Date. BUYER: SCI PELICAN WALK LLC, a Florida limited liability company By: Name: Title: APPROVED BY SELLER AND EFFECTIVE THIS __DAY OF ________________, 2022 Countersigned: __________________________ Frank Hibbard, Mayor Approved as to form: __________________________ Laura Mahony, Senior Assistant City Attorney SELLER: THE CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida By: Name: Title: Attest: __________________________ Rosemarie Call, City Clerk [LT21-9601-566/286747/1] 1 MUTUAL RELEASE OF ALL CLAIMS FOR AND IN CONSIDERATION of the mutual releases contained herein between SCI Pelican Walk LLC (“SCI”), the City of Clearwater, its subsidiaries and affiliates (the “City”), Covenant Property Investors LLC, its subsidiaries and affiliates (“Covenant”), and Parksimple, LLC, its subsidiaries and affiliates (“Parksimple”), and North Beach Plaza Condominium Association, Inc. (collectively with SCI, the City, Covenant, and Parksimple, the “Parties,” and each individually, a “Party”), and the assignment attached hereto as Exhibit A and agreed to and approved by the City Council of the City at the April ___, 2022 City Council meeting, the Parties agree as follows: 1. Contingent upon either of (a) assignment to SCI of that certain Contract for Purchase of Real Property by and between the City of Clearwater and Covenant, dated effective September 22, 2021, as amended by that certain First Amendment to Contract for Purchase of Real Property dated effective January 24, 2022 (as may be further amended by the parties thereto, the “PSA”) and the closing of the sale of the Condominium Unit PUB of the North Beach Plaza Condominium by the City to SCI in accordance with the PSA, or (b) the failure of the City and SCI to close on the sale of the Condominium Unit PUB of the North Beach Plaza Condominium due to any reason other than interference by Covenant or Parksimple, SCI does hereby fully, finally, and forever remise, release, acquit, and satisfy other Parties, their heirs, executors, administrators, representatives, attorneys, successors, predecessors, officers, directors, parents, subsidiaries, assigns, servants, agents, and employees from any and all liabilities, claims, actions, causes of action, demands, damages, rights, losses, costs, expenses, interest, attorneys’ fees, and any other compensation whatsoever, which the Parties now have, or which may hereafter accrue, relating to Condominium Unit PUB of the North Beach Plaza Condominium, which declaration was recorded at OR Book [LT21-9601-566/286747/1] 2 19444, Page 145 of the Public Records of Pinellas County, Florida, including but not limited to all known and unknown damages, claims for fraud, claims for interest, attorneys’ fees, costs, or expenses, including but not limited to claims made or which could have been made on behalf of the Parties in that certain lawsuit filed in the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, styled as: SCI Pelican Walk LLC v. City of Clearwater et al., Case No. 2021- 004719-CI (the “Civil Action”); provided, however, that nothing herein shall be construed as a waiver, release or modification of any of the parties’ respective obligations, to the extent they exist, under this Agreement, the PSA, any settlement agreements entered among any of the Parties, or any obligations of Parksimple under the Association Management Agreement or Parking Management Agreement; and provided, further, that SCI’s release of Parksimple is expressly contingent upon Parksimple’s full compliance with its obligations under this Release and any additional settlement agreement entered among any of the Parties in connection herewith, including, but not limited to Parksimple’s vacation of the Property, cooperation with transition, and Parksimple’s completion of its responsibilities under the Association Management Agreement and Parking Management Agreement, including providing a true, correct, and complete accounting and payment of appropriate amounts to the North Beach Plaza Condominium Association, as finally determined in the manner set forth in paragraphs 4 and 5 below. 2. Within five (5) business days of receipt of the fully-executed and duly approved Assignment and Assumption of Contract and Joinder and Consent by Owner, in substantially the form attached hereto as Exhibit A (the “Assignment”), SCI shall release the lis pendens from the Condominium Unit PUB and shall deliver to the attorney in the Civil Action appearing for the City of Clearwater an executed dismissal, with prejudice, of the City of Clearwater and the North Beach Plaza Condominium Association from the Civil Action to be held in trust by the attorney for the City of Clearwater, which may be released from escrow and filed in the Civil Action upon the closing of [LT21-9601-566/286747/1] 3 the sale of the Condominium Unit PUB of the North Beach Plaza Condominium by the City to SCI. Within five (5) business days of receipt of the fully-executed and duly approved Assignment, SCI shall deliver to the attorney in the Civil Action for Covenant an executed dismissal, with prejudice, of Covenant from the Civil Action to be held in trust by the attorney for Covenant, which may be released from escrow and filed in the Civil Action if (a) the sale of the Condominium Unit PUB of the North Beach Plaza Condominium to SCI by the City of Clearwater closes, or (b) failure of the sale to close for any reason other than interference by Covenant or Parksimple. SCI shall dismiss the Civil Action as to Parksimple upon Parksimple’s full compliance with its obligations under this Release and any additional settlement agreement entered among any of the Parties in connection herewith. 3. Effective at closing of the sale of the Condominium Unit PUB of the North Beach Plaza Condominium, City has assigned any and all interest in the Association Management Agreement and Parking Management Agreement, as the City’s interests may appear, to SCI. Further, Parksimple, the City of Clearwater, and the North Beach Plaza Condominium Association, Inc. hereby agree that the Parking Management Agreement and the Association Management Agreement between Parksimple and the North Beach Plaza Condominium Association, Inc. shall be terminated effective as of the Closing Date (as defined in the PSA, as assigned and as may be further amended by the parties thereto) and that Parksimple shall cease operating as Agent of North Beach Plaza Condominium Association., Inc. for the purpose of operating the parking facility located at the North Beach Plaza Condominium Association on such date. Parksimple hereby unconditionally waives and releases the City of Clearwater, the North Beach Plaza Condominium Association, Inc., and their respective successors and assigns, from and against any obligations such parties may have to Parksimple under the Parking Management Agreement and the Association Management Agreement from and after the date of termination thereof. Parksimple waives any notice of termination [LT21-9601-566/286747/1] 4 requirements under the Parking Management Agreement and/or the Association Management Agreement, and hereby agrees to reasonably cooperate with SCI’s designee to transition the management services and operation of the parking facilities. The City of Clearwater and the North Beach Plaza Condominium Association shall appoint SCI’s designee effective as of the closing of the sale of the Condominium Unit PUB of the North Beach Plaza Condominium by the City to SCI, and shall cooperate with SCI’s designee to manage the parking operations following the closing of the purchase of the Condominium Unit PUB by SCI. 4. Within five (5) business days of the date that the last Party to execute this Agreement does so, Parksimple shall provide to North Beach Plaza Condominium Association, Inc. (the “Condominium Association”), the City, and SCI an accounting of its parking and association management at the North Beach Plaza Condominium for the period beginning October 1, 2021, and ending January 31, 2022 (the “First Calculation Period”), along with its calculation of amounts due to SCI and the City for such period, which accounting shall include detailed description of expenses and revenues for the First Calculation Period. Simultaneously with delivery of the accounting, Parksimple shall pay the amount calculated in immediately available funds to an account to be provided by the Condominium Association, which funds will be held in trust until the amounts due for the First Calculation Period are finally determined. SCI and the City shall have fifteen (15) days within which to deliver a statement setting forth those items with which SCI or the City objects in good faith. Any objections may only relate to the First Calculation Period. If no such statement of objection is delivered, or if SCI and the City notify Parksimple that they accept the calculations, then the calculation of amounts due shall be deemed final and binding. If a statement of objection is delivered by either SCI or the City, then the parties shall negotiate in good faith to resolve the disputed items, but if no resolution is reached within thirty (30) business days following delivery of the statement of objection, the parties shall submit the dispute to a mutually agreed upon accounting firm for resolution and [LT21-9601-566/286747/1] 5 shall provide any and all information that the accounting firm may request to resolve the same. Such resolution by the accounting firm shall be final and binding, and the costs of such accounting firm shall be borne equally by Parksimple, on the one hand, and the party or parties disputing the accounting on the other. Parksimple shall pay to the Condominium Association any additional amounts determined to be due within three (3) days of final determination. If the amount due is less than the amount initially determined by Parksimple, then the Condominium Association shall return the excess to Parksimple. The Condominium Association shall release the funds from escrow to the City and SCI in accordance with the instructions of the City and SCI. The Parties agree that the dispute resolution procedures agreed to in this paragraph will in no way hinder, delay, or cause any impediment to the closing of the sale of the Condominium Unit PUB of the North Beach Plaza Condominium as contemplated by the PSA. 5. Parksimple shall provide to the Condominium Association and SCI an accounting and statement of amounts owed to SCI and the City for the month of February and each full or partial month thereafter until the Closing Date and Parksimple’s cessation of parking management services to the Condominium Association, within fifteen (15) days following the end of each calendar month, which accounting shall include detailed description of expenses and revenues for the period so calculated. Simultaneously with delivery of the accounting, Parksimple shall pay the amount calculated in immediately available funds to an account to be provided by the Condominium Association, which funds will be held in trust until the amounts due for the period are finally determined. SCI and the City shall have fifteen (15) days from receipt thereof within which to deliver a statement setting forth those items with which SCI or the City objects in good faith. Any objections may only relate to the month for which the accounting is delivered. If no such statement of objection is delivered, or if SCI and the City notify Parksimple that they accept the calculations, then the calculation of amounts due shall be deemed final and binding. If a statement of objection is delivered by either SCI or the City, then the parties shall negotiate in good faith to resolve the disputed items, [LT21-9601-566/286747/1] 6 but if no resolution is reached within thirty (30) business days following delivery of the statement of objection, the parties shall submit the dispute to a mutually agreed upon accounting firm for resolution and shall provide any and all information that the accounting firm may request to resolve the same. Such resolution by the accounting firm shall be final and binding, and the costs of such accounting firm shall be borne equally by Parksimple, on the one hand, and the party or parties disputing the accounting on the other. Parksimple shall pay to the Condominium Association any additional amounts determined to be due within three (3) days of final determination. If the amount due is less than the amount initially determined by Parksimple, then the Condominium Association shall return the excess to Parksimple. The Condominium Association shall release the funds from escrow to the City and SCI in accordance with the instructions of the City and SCI. The Parties agree that the dispute resolution procedures agreed to in this paragraph will in no way hinder, delay, or cause any impediment to the closing of the sale of the Condominium Unit PUB of the North Beach Plaza Condominium as contemplated by the PSA. 6. The Parties acknowledge and agree that this settlement is a compromise of disputed claims, and that this Mutual Release of All Claims is not to be construed as an admission of liability on the part of any Party hereby released nor is this settlement to be construed as an admission as to the nature and extent of any damages allegedly sustained any Party, and that each Party denies liability thereof, and intends merely to settle the Civil Action and buy peace. 7. Each Party declares and represents that it has the legal authority to carry out the intents and purposes of this Mutual Release of All Claims, and each signatory has capacity and authority to execute this Mutual Release of All Claims. 8. Each Party declares and represents that it has been fully advised by its own legal counsel before signing this Mutual Release of All Claims. The Parties acknowledge and agree that [LT21-9601-566/286747/1] 7 the terms and provisions of this Mutual Release of All Claims are contractual and not mere recitals. 9. Each Party shall bear its own costs and attorneys’ fees in the Civil Action. 10. This Agreement shall be governed by and construed under the laws of the State of Florida without resort to conflicts of laws. In the event that any Party commences any action or proceeding against another Party or Parties to this Agreement by reason of any breach or claimed breach of any provision, covenant or representation of this Agreement, or commences any arbitration, action or proceeding in any way connected with this Agreement, or seeks a judicial declaration of rights under this Agreement, the Party prevailing in such action or proceeding shall be entitled to recover from the other Party the prevailing Party’s reasonable attorneys’ fees, all costs and litigation related expenses, including expert witness fees, and any costs or expenses of collection, including reasonable attorneys’ fees. Any judicial or other proceeding related to any disputes or conflicts regarding this Agreement shall be filed in the Pinellas County Circuit Court, Sixth Judicial Circuit, Clearwater, Florida. The Parties waive any and all rights to pursue any judicial action in any venue or court other than as stated herein. The Parties further waive any right to a jury trial relating to any claim arising hereunder, and agree that any such dispute shall be heard by a judge, only. 11. This Mutual Release of All Claims may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument, notwithstanding that all of the Parties are not signatories to the same original or the same counterpart. A Party’s receipt of a facsimile signature page or a portable document format (PDF) copy of a signature page to this Mutual Release of All Claims shall be treated as the Party’s receipt of an original signature page. [LT21-9601-566/286747/1] 8 [Signature Page to Follow] [LT21-9601-566/286747/1] Signature Page to Mutual Release IN WITNESS WHEREOF, the Parties hereto agree to be bound by the terms of this Mutual Release of All Claims effective as set forth herein. SCI PELICAN WALK LLC By: Name: Title: COVENANT PROPERTY INVESTORS LLC By: Name: Title: PARKSIMPLE, LLC By: Name: Title: NORTH BEACH PLAZA CONDOMINIUM ASSOCIATION, INC. By: Name: Title: [LT21-9601-566/286747/1] Signature Page to Mutual Release 16611996v1 APPROVED BY SELLER AND EFFECTIVE THIS __DAY OF ________________, 2022 Countersigned: __________________________ Frank Hibbard, Mayor Approved as to form: __________________________ Michael Fuino, Senior Assistant City Attorney THE CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida By: Name: Title: Attest: __________________________ Rosemarie Call, City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0335 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 12.3 SUBJECT/RECOMMENDATION: Approve the third amendment to the Legal Services Agreement with the law firm of Manson Bolves Donaldson Varn to extend the term of the agreement through February 28, 2027 and authorize the appropriate officials to execute same. (consent) SUMMARY: On March 7, 2019, City Council authorized hiring the law firm of Manson Bolves Donaldson Varn as outside counsel to provide expertise as it relates to water law/submerged lands and act as liaison to the FDEP and other parties as may be necessary to assist in clearing any cloud on title of the lands being developed under the Seminole Street Boat Ramp - North Marina District Improvements Project and approved a Legal Services Agreement for an amount not to exceed $50,000.00. The ownership issues were more complex than originally anticipated and required litigation to quiet title on the property. On September 3, 2020, Council approved an increase in the amount of the contract for a not exceed amount of exceed $25,000, for a new contract total of not to exceed $75,000. The City went to mediation with the owners of the submerged land in question, which was unsuccessful. Negotiations are continuing with opposing counsel while the litigation is pending. On November 4, 2021, council approved to increase the contract by $25,000, for a new total not to exceed amount of $100,000. The original Legal Services Agreement approved in 2019 had a term expiring on February 28, 2022. This third amendment extends the date of the agreement through February 28, 2027 to ensure ample time for the resolution of the litigation. There are no increased costs contemplated in this amendment. Page 1 City of Clearwater Printed on 3/31/2022 THIRD AMENDMENT TO LEGAL SERVICES AGREEMENT THIS AGREEMENT is made on the ____ day of April, 2022, by and between the CITY OF CLEARWATER, FLORIDA (the "City") and the law firm of Manson, Bolves, Donaldson, Varn P.A. (“Counsel"). W I T N E S S E T H: WHEREAS, the City retained Counsel in connection with matters pertaining to provide expertise as it relates to water law/submerged lands and act as liaison to the FDEP and other parties as may be necessary to assist in clearing any cloud on title of the lands being developed under the Seminole Street Boat Ramp – North Marina District Improvements Project; and WHEREAS, it has become necessary to enter into litigation to clear title on the lands; and WHEREAS, litigation has proven more complex than originally anticipated. NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, the parties hereto do hereby agree as follows: SECTION 1. SECTION 4 OF THE LEGAL SERVICES AGREEMENT DATED MARCH, 12, 2019 IS HEREBY AMENDED AS FOLLOWS: TERM. This Agreement will be effective from February 15, 2019 to February 28, 2022February 28, 2027. SECTION 2. All other terms and conditions of the original Legal Services Agreement remain in full force and effect. IN WITNESS WHEREOF, the City and Counsel have executed this Agreement as of the date first written above. Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By: __________________________ Frank Hibbard Jon Jennings Mayor City Manager Approved as to form: Attest: ___________________________ ________________________________ David Margolis Rosemarie Call City Attorney City Clerk THIRD AMENDMENT TO LEGAL SERVICES AGREEMENT [GM18-1313-111/286927/1] 2 MANSON, BOLVES, DONALDSON, VARN P.A. By: _____________________________ Brian Bolves, Esq. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9515-22 2nd rdg Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 9515-22 on second reading, amending the future land use element of the Comprehensive Plan to encourage development of affordable and missing middle housing; amending the coastal management element to update the coastal storm area and hurricane storm surge maps; adopting a new Comprehensive Plan element, the property rights element, creating a new goal, objective and policies following statutory language in accordance with House Bill 59 (2021)., amending the future land use element of the Comprehensive Plan to encourage development of affordable and missing middle housing; amending the coastal management element to update the coastal storm area and hurricane storm surge maps; adopting a new Comprehensive Plan element, the property rights element, creating a new goal, objective and policies following statutory language in accordance with House Bill 59 (2021)., amending the future land use element of the Comprehensive Plan to encourage development of affordable and missing middle housing; amending the coastal management element to update the coastal storm area and hurricane storm surge maps; adopting a new Comprehensive Plan element, the property rights element, creating a new goal, objective and policies following statutory language in accordance with House Bill 59 (2021). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/31/2022 1 Ordinance No. 9515-22 ORDINANCE NO. 9515-22 AN ORDINANCE OF THE CITY OF CLEARWATER (“THE CITY”), FLORIDA, MAKING AMENDMENTS TO THE CLEARWATER COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE ELEMENT TO ENCOURAGE DEVELOPMENT OF AFFORDABLE AND MISSING MIDDLE HOUSING; AMENDING THE HOUSING ELEMENT TO ALLOW FOR UTILIZATION OF CERTAIN REDUCED IMPACT FEES; AMENDING THE COASTAL MANAGEMENT ELEMENT TO UPDATE THE COASTAL STORM AREA AND HURRICANE STORM SURGE MAPS; ADOPTING A NEW COMPREHENSIVE PLAN ELEMENT, THE PROPERTY RIGHTS ELEMENT, CREATING A NEW GOAL, OBJECTIVE AND POLICIES FOLLOWING STATUTORY LANGUAGE IN ACCORDANCE WITH FLORIDA HOUSE BILL 59 (2021) “PRIVATE PROPERTY RIGHTS”; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS the Local Government Comprehensive Planning and Land Development Regulation Act of Florida empowers and requires the City Council of the City of Clearwater to plan for the future development and growth of the City, and to adopt and periodically amend the Comprehensive Plan, including elements and portions thereof; and WHEREAS, on July 15, 2021, the City demonstrated its commitment to taking a countywide approach to addressing housing affordability by approving the Advantage Pinellas Housing Compact between the municipalities within Pinellas County, the Pinellas County Board of County Commissioners and Forward Pinellas; and WHEREAS, the City has supported various incentives intended to encourage development and preservation of affordable and workforce housing and currently provides certain incentives for affordable and workforce housing development; and WHEREAS, the City wishes to further incentivize the development of affordable, workforce and Missing Middle housing projects through the use of density bonuses within the City limits, which are provided for in the Countywide Rules; and WHEREAS, In July 2019, Pinellas County amended the Multi-Modal Impact Fee schedule which introduced reduced fees for certain low-income household projects; and WHEREAS, the National Oceanic and Atmospheric Administration published a new and updated Sea, Lake and Overland Surges from Hurricanes (SLOSH) model; and WHEREAS, the City’s Coastal High Hazard Area (CHHA) and Coastal Storm Area (CSA) is determined by the Category 1 Storm Surge from the SLOSH model; and WHEREAS, the City’s Hurricane Storm Surge map is determined by the SLOSH model; and WHEREAS, Florida House Bill 59, also known as the Private Property Rights Act, was signed into law in 2021 and requires that local governments adopt a new property rights element, containing four elements to be included, into their comprehensive plan; and 2 Ordinance No. 9515-22 WHEREAS, the City Council finds it necessary, desirable, and proper to amend the Comprehensive Plan in order to reflect changing conditions; and WHEREAS, at a duly noticed public meeting the Clearwater Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing, considered all public testimony and has determined that this amendment is consistent with the City of Clearwater’s Comprehensive Plan and recommended that the City Council adopt this amendment; and WHEREAS, the City Council has fully considered the recommendation of the Community Development Board and testimony and evidence submitted at its public hearing; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That policy A.6.1.1 of the Clearwater Comprehensive Plan Future Land Use Element be amended to read as follows: A.6.1.1 Redevelopment shall be encouraged, where appropriate, by providing development incentives such as density bonuses for significant lot consolidation; and/or catalytic projects,; workforce housing projects; “missing middle housing” projects; and vertically integrated, transit supportive mixed-use development; as well as the use of transfer of developments rights pursuant to approved special area plans and redevelopment plans. * * * * * * * * * * Section 2. That Objective C.1.1 of the Clearwater Comprehensive Plan Housing Element be amended to read as follows: C.1.1 Objective for Adequate Housing - Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to diversify housing options and provide housing that meets the evolving needs of the residents of the City of Clearwater households. Section 3. That Policies C.1.1.2, C.1.1.5, C.1.1.7 and C.1.1.8 of the Clearwater Comprehensive Plan Housing Element be amended to read as follows: * * * * * * * * * * 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. The City shall create provisions within the Community Development Code for expanding housing options that meet the changing needs of residents in terms of unit sizes, housing types, levels of affordability, and locations, while preserving existing housing, including “missing middle” housing types such as tiny houses, 3 Ordinance No. 9515-22 cottages, duplexes, courtyard housing, and small apartment buildings, and accessory dwelling units (ADUs). * * * * * * * * * * C.1.1.5 The City of Clearwater shall continue to provide information, incentives, and technical assistance to the private sector in order to achieve housing production that meets the needs of very low, low, and moderate-income households. * * * * * * * * * * C.1.1.7 The City shall further the goal of providing a variety of housing choices, including workforce and “missing middle” housing, through tools such as by encouraging land assembly, where possible, through such things as density bonuses, height increases, and setback reductions, as appropriate. 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. To provide additional and diverse housing options integrated into existing neighborhoods, accessory dwelling units shall be exempt from density provisions and allowed in certain residential zoning districts compliant with Community Development Code provisions which provide for consistency with neighborhood character. Such accessory dwelling units cannot be used for short-term rental purposes. * * * * * * * * * * Section 4. That Policy C.1.2.8 of the Clearwater Comprehensive Plan Housing Element be added, to read as follows: * * * * * * * * * * C.1.2.8 The City shall support the continued reduction of the multi-modal impact fee for low-income household projects, which is established and administered by Pinellas County. Section 5. That a new Property Rights Element, inclusive of an introduction, Goal, Objective and Policies, be created to read as follows: K. PROPERTY RIGHTS ELEMENT Introduction The purpose and intent of the Property Rights Element is to provide guidance ensuring private property rights are considered in local decision making. 4 Ordinance No. 9515-22 K.1 GOAL – IN ACCORDANCE WITH THE LEGISLATIVE INTENT EXPRESSED IN SECTIONS 163.3161(10) AND 187.101(3), FLORIDA STATUES, THIS COMPREHENSIVE PLAN SHALL RESPECT JUDICIALLY ACKNOWLEDGED AND CONSTITUTIONALLY PROTECTED PRIVATE PROPERTY RIGHTS. K.1.1 Objective – The following statements of private property rights shall be considered in local decision making. Policies K.1.1.1 The right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights. K.1.1.2 The right of a property owner to use, maintain, develop, and improve his or her property for personal use or the use of any other person, subject to state law and local ordinances. K.1.1.3 The right of the property owner to privacy and to exclude others from the property to protect the owner’s possessions and property. K.1.1.4 The right of a property owner to dispose of his or her property through sale or gift. Section 6. That Maps E-1A, E-1B and E-2 of the Clearwater Comprehensive Plan be replaced with the maps attached as Composite Exhibit “A”. Section 7. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 8. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the Department of Economic Opportunity notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the Department of Economic Opportunity or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Economic Opportunity. 5 Ordinance No. 9515-22 PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL READING AND ADOPTED _____________________ ___________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ____________________________ ____________________________ Matthew J. Mytych, Esq. Rosemarie Call, MPA, MMC Assistant City Attorney City Clerk "Exhibit A-1" "Exhibit A-2" "Exhibit A-3" PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: December 21, 2021 AGENDA ITEM: F.3. CASE: CPA2021-11001 ORDINANCE NO.: 9515-22 REQUEST: To amend the Clearwater Comprehensive Plan to address the statutory requirements for the 2021 Private Property Rights Element (House Bill 59); to encourage diverse housing options through density bonuses for certain development types; to amend the Housing Element to support reduced multi- modal impact fees; and to update the Coastal Storm Area and Hurricane Storm Surge maps. INITIATED BY: City of Clearwater, Planning and Development Department BACKGROUND: On June 29, 2021, Governor Ron DeSantis signed into law Florida House Bill 59, “An Act relating to growth management; requiring local governments to include a property rights element in their comprehensive plans” (Private Property Rights). In accordance with this new law, Florida Statutes require that local governments must adopt a property rights element within their comprehensive plans to “ensure that private property rights are considered in local decisionmaking.” There are four rights which must be considered in local decision- making: 1. The right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights. 2. The right of a property owner to use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances. 3. The right of the property owner to privacy and to exclude others from the property to protect the owner’s possessions and property. 4. The right of a property owner to dispose of his or her property through sale or gift. Source: Section 163.3177(6)(i)1, Florida Statutes Community Development Board – December 21, 2021 CPA2021-11001 – Page 2 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The statements above are largely duplicative of rights already protected by the Constitutions of both the United States and the State of Florida as well as Florida’s Bert Harris Act. The sponsors of the bill wanted to ensure that local government entities will “respect judicially acknowledged and constitutionally protected private property rights” granted by the US and State Constitutions (House Bill 59, page 3, line 62). In addition to the new Property Rights Element, Proposed Ordinance 9515-22 includes amendments updating Maps E-1A, E-1B and E-2, relating to the Coastal Storm Area and Hurricane Storm Surge map within the Coastal Management Element. On August 4, 2021, the new Sea, Lake and Overland Surges from Hurricanes (SLOSH) maps were adopted by NOAA. The City’s Coastal High Hazard Area and Coastal Storm Area are determined from the Category 1 Storm Surge included in the SLOSH model. Based on NOAA’s new model, the Coastal Storm Area has changed and the proposed Maps E-1A and E-1B reflect the new data. Map E-2 shows the updated storm surges for Categories 1 through 5 as well. NOAA updates the SLOSH model periodically, with the changes being effective upon NOAA adoption. The city, along with other municipalities, must update their maps to remain consistent. The last update to these maps was in 2017 (Ordinance 9048-17). Proposed Ordinance 9515-22 also includes amendments to encourage development of new and preservation of existing affordable and workforce housing, furthering the city’s commitment to these goals established earlier this year when the city approved the Advantage Pinellas Housing Compact on July 15, 2021. These amendments primarily revise existing objectives and policies found in the Future Land Use and Housing Elements, with the creation of one new policy in the Housing Element. The Countywide Rules allow cities to establish density or intensity bonuses for affordable and missing middle housing types, along with vertical mixed-use developments. The bonuses for missing middle and vertical mixed-use development types were added in 2019 to help provide for housing options while maintaining and preserving established single-family neighborhoods, and to help focus higher densities around existing and proposed transit routes throughout the county. Missing middle housing is defined in the Rules as “Housing that encompasses a range of smaller, multi-unit or clustered housing types (such as shotgun, skinny, duplex, triplex, fourplex, courtyard apartment, bungalow court, townhouse, multiplex, and live/work units), which are compatible in scale and design with single-family homes, and are designed to encourage walking, biking, and transit use.” Local governments must prepare appropriate analysis and adopt development parameters within their comprehensive plans or land development codes to be able to realize the density bonuses, including form-based or other regulations limiting the size and scale of missing middle housing to ensure compatibility with adjacent neighborhood-scale development. The proposed amendments set the policy direction for the city to implement these bonuses in the code at a future date. Lastly, in July 2019, Pinellas County amended its multimodal impact fee so now impact fees for single- family housing are based on the size of the unit broken into three size ranges: 0-1,500 square feet; 1,501- 2,499 square feet; and 2,500 square feet and over. In addition, fees were reduced for housing units for “low- income households”. The city incorporates the county’s fee schedule by reference within the Code of Ordinances; however, the addition of a new policy within the Housing Element aims to bring awareness to Community Development Board – December 21, 2021 CPA2021-11001 – Page 3 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION and show the city’s support for this incentive to facilitate development of affordable, and specifically low- income housing within the city. Projects that have already utilized this reduced multimodal impact fee include recent Habitat for Humanity projects. ANALYSIS: The proposed amendments to the Comprehensive Plan are summarized below: 1. New Property Rights Element, Goal K.1 and its Objective and Policies [page 4 of ordinance] This new goal, one objective and four policies are the model private property rights statements provided for in House Bill 59. The approach of using the statute’s language as policies in the plan is being used by many municipalities to comply with the House Bill which was effective as of June 29, 2021. Until the required Property Rights Element is adopted, cities cannot adopt any other amendments to their comprehensive plans, including Future Land Use Map amendments. As detailed above, this element is largely duplicative of rights already protected by the Constitutions of both the United States and the State of Florida as well as Florida’s Bert Harris Act. Existing Policy A.4.1.4 of the Comprehensive Plan will not be changing, and this proposed new element will not conflict with this existing policy. 2. Housing Amendments [pages 1 through 3, Exhibit “A” of ordinance] Amendments proposed to the Future Land Use and Housing Elements address housing affordability. Other amendments correct typographical errors and clarify policy intent. Amended Policy A.6.1.1 adds in “affordable housing, missing middle housing, and vertically integrated, transit supportive mixed-use development projects” as types of projects that are encouraged and supported with development incentives, such as density bonuses. Similarly, amended Policy C.1.1.7 adds language for affordable and missing middle housing as a means to further the goal of providing a variety of housing choices through development tools such as density bonuses or height increases. Amended Objective C.1.1 adds language for the diversity of housing options provided for to meet the evolving needs of Clearwater households. Proposed Policy C.1.1.2 expands the types of housing the city should address in the Community Development Code to meet the housing needs of the residents to include missing middle housing types. Currently, Policy C.1.1.8 provides for accessory dwelling units and outlines certain parameters to be included in the Community Development Code, but as currently written it is not clear that an accessory dwelling unit would not need the acreage to support the extra unit based on the permitted density. The proposed amendment to Policy C.1.1.8 clarifies that accessory dwelling units are permitted within certain residential zoning districts and that they are exempt from density provisions; however, it continues to require that they meet certain Community Development Code provisions and also establishes that an accessory dwelling unit cannot be used for a short term rental. Community Development Board – December 21, 2021 CPA2021-11001 – Page 4 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Additionally, Policy C.1.2.8 further supports the City’s utilization of Pinellas County’s Multimodal Impact Fee, as well as the County’s reduced fee structure for units designated as low-income households which was incorporated by the County in July 2019. 3. Map Amendments [Exhibit “A” of ordinance] The last amendments replace Maps E-1A and E-1B, the Coastal Storm Area maps, and E-2, the Hurricane Storm Surge map. The City’s Coastal Storm Area is based largely on the Category 1 Storm Surge (Maps E-1A and E-1B), and with the new data, the hurricane storm surge zones have now changed (Map E-2). The Coastal Storm Area maps are broken into two showing the west coast (Gulf of Mexico) and the east coast (Old Tampa Bay) of Clearwater. Larger scale maps are maintained by the Planning and Development department. Overall, the Coastal Storm Area has decreased by approximately 1.75% from 2017, from approximately 2,577 acres to 2,532 acres in 2021. STANDARDS FOR REVIEW: Pursuant to Community Development Code Section 4-603.F., no amendment to the Comprehensive Plan shall be approved unless it complies with the following standards: 1. The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. The proposed amendments to the Clearwater Comprehensive Plan are consistent with the following goal, objectives and policy in the Plan: Policy A.4.1.4 The City shall recognize the overriding Constitutional principle that private property shall not be taken without due process of law and the payment of just compensation, which principle is restated in Section 163.3194(4)(a), Florida Statutes. Objective A.6.1 The redevelopment of blighted, substandard, inefficient and/or obsolete areas shall be a high priority and promoted through the implementation of redevelopment and special area plans, the construction of catalytic private projects, city investment, and continued emphasis on property maintenance standards. Objective C.1.1 Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of Clearwater. Objective C.1.2 The City of Clearwater shall continue to provide assistance and incentives for the development of housing that affordable to very low, low, and moderate income households, including those with special needs, consistent with the level of growth in these income categories. Community Development Board – December 21, 2021 CPA2021-11001 – Page 5 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Objective C.1.9 The City of Clearwater shall be proactive in incentivizing the construction of affordable housing. Goal E.1 Management of Clearwater’s Coastal Storm Area shall provide for the long-term accessibility, safety, economic viability, neighborhood stability, and environmental integrity of these unique resources. Objective E.1.2 The coastal storm area shall be the area delineated in Maps E-1A and E-1B of the Coastal Management Element … The City shall direct permanent population concentrations away from the coastal storm area consistent with the goals, objectives and policies of the Clearwater Comprehensive Plan. The proposed amendments address new requirements in the Florida Statutes, and also address constitutional rights for property owners, consistent with Policy A.4.1.4. Additionally, the above policy already acknowledges the fact that private property shall not be taken without due process. Amendments to Policies A.6.1.1, C.1.1.2, C.1.1.5, C.1.1.7 and C.1.1.8 and Objective C.1.1 reinforce that workforce, affordable and missing middle housing projects are appropriate for density bonuses and that those project types, in addition to accessory dwelling units, encourage and support the city’s objective to have an adequate supply of housing within the City. Although the new policies would require additional planning to implement in the Community Development Code, they provide the necessary policy foundation for that future work, thereby furthering the intent and purpose of the appropriate objectives and goals. Updating Maps E-1A and E-1B will reflect new SLOSH modeling data as referenced above. The new maps are consistent with Objective E.1.2, which defines what shall be included in the defined coastal storm area. Map E-2 is also being updated due to the updated SLOSH modeling. 2. The amendment is not inconsistent with other provisions of the Comprehensive Plan. The proposed amendments are not in conflict with other provisions of the Comprehensive Plan. The proposed amendments will add a new goal, objective and policies to the Comprehensive Plan to ensure that private property rights are considered in the local decision-making process, as required by state law, and propose additional amendments that are not otherwise inconsistent with the Comprehensive Plan. 3. The available uses, if applicable, to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. The majority of the amendments do not relate to specific properties; however, the Coastal Storm Area maps do relate to specific properties and, based on scientific modeling, place designations that may limit the use of certain properties (e.g., existing Policy E.1.2.5, which establishes that new hospitals, nursing homes and assisted living facilities are prohibited from locating in the Coastal Storm Area). This limitation of certain uses is based on data and is a matter of public safety. Community Development Board – December 21, 2021 CPA2021-11001 – Page 6 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION 4. Sufficient public facilities are available to serve the property. This is not applicable to the proposed amendments as the proposed changes do not relate to a specific property or properties except for the updated maps; however, the maps do not expand development potential. Therefore, the adequacy of available public facilities will need to be assessed on a case-by-case basis as development proposals are received. 5. The amendment will not adversely affect the natural environment. This is not applicable to the proposed amendments as the proposed changes do not relate to a specific property or properties except for the maps; however, the maps are related towards the built environment and moving permanent populations away from the Coastal Storm Area. Therefore, the protection of the natural environment will need to be assessed on a case-by-case basis as development proposals are received. 6. The amendment will not adversely impact the use of property in the immediate area. The goal of the statutory requirements and the proposed Property Rights Element are to ensure that private property rights are considered in local decision-making. The additional amendments are adding resources to housing objectives that the city currently does and should continue to do, along with fixing typographical errors and clarifying policy intent. Therefore, this is not applicable to the proposed amendments as they do not relate to a specific property or properties. SUMMARY AND RECOMMENDATION: The purpose of this proposed ordinance is to comply with the recently adopted requirements of the Florida Statutes to adopt a Property Rights Element within the City’s Comprehensive Plan, to expand the city’s options to address housing affordability and to update the city’s Coastal Storm Area and Hurricane Storm Surge maps based on new data. The proposed amendments are consistent with and will further the goals, objectives, and policies of the Clearwater Comprehensive Plan, will not result in inappropriate or incompatible uses, will not adversely affect the natural environment or impact the use of the property in the immediate area, and sufficient public facilities exist to implement the proposed amendments. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 9515-22 that amends the Clearwater Comprehensive Plan. Prepared by Planning and Development Department Staff: Kyle Brotherton Senior Planner ATTACHMENTS: Ordinance No. 9515-22 Resume Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9523-22 2nd rdg Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.5 SUBJECT/RECOMMENDATION: Adopt Ordinance 9523-22 on second reading, annexing certain real properties whose post office addresses are 2306 and 2322 Anna Avenue, all in Clearwater, Florida 33765 into the corporate boundaries of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/31/2022 Ordinance No. 9523-22 ORDINANCE NO. 9523-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF DREW STREET, EAST OF N BELCHER ROAD, SOUTH OF SHARKEY ROAD, AND WEST OF OLD COACHMAN ROAD, WHOSE POST OFFICE ADDRESSES ARE 2306 AND 2322 ANNA AVENUE, ALL IN CLEARWATER, FLORIDA 33765 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real properties described herein and depicted on the map attached hereto as Exhibit “A” have petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes and a certain Interlocal Service Boundary Agreement between the City and Pinellas County, Ordinance 8587-14, authorized by Section 171.204, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described properties are hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lots 31 and 34, ROLLING HEIGHTS, according to the map or plat thereof recorded in Plat Book 43, Page 1, Public Records of Pinellas County, Florida; (ANX2021-08014; ANX2022-01002) The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9523-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED ANNEXATION Owner(s): Guy P. Kunnen Paul L. Smith & Pamela J. Smith Family Trust Case: ANX2021-08014 ANX2022-01002 Site: 2322 Anna Avenue 2306 Anna Avenue Property Size(Acres): ROW (Acres): 0.458 Land Use Zoning PIN: 07-29-16-76446-000-0310 07-29-16-76446-000-0340 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 281A To: Residential Low (RL) Low Medium Density Residential (LMDR) ANNA AVE SHARKEY RD LORENA LN LAKE FOREST RD FOREST GLEN RD TERRACE DR N 406 614 646 616 603 602 510 400 710 506 711 500 410 615 631 317 313 615 647 632 600 601 309 648 647 23102285229423112335234123342346229523292329231623402341229723172286234022802334232823102311232223352328310 712 2317231623232290232323062302234722792322-Not to Scale--Not a Survey-Rev. 1/26/2022 LOCATION MAP Owner(s): Earl L. Davis & Kathy Payne Davis Paul L. Smith & Pamela J. Smith Family Trust Case: ANX2021-08014 ANX2022-01002 Site: 2322 Anna Avenue 2306 Anna Avenue Property Size(Acres): ROW (Acres): 0.458 Land Use Zoning PIN: 07-29-16-76446-000-0310 07-29-16-76446-000-0340 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 281A To: Residential Low (RL) Low Medium Density Residential (LMDR) DREW ST ANNA AVE DORA DR SHARKEY RD LORENA LN ELLA PL VARSITY DR NORMAN DR GRANGER DR LAKE FOREST RD RUSKIN RD FOREST GLEN RD TERRACE DR N TERRACE DR ECOLLEGE HILL DR N E C O A C H M A N R D OBERLIN DR ACORN CT OAKMOUNT RD SHARKEY RD ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/26/2022 ^ PROJECT SITE AERIAL PHOTOGRAPHY Owner(s): Earl L. Davis & Kathy Payne Davis Paul L. Smith & Pamela J. Smith Family Trust Case: ANX2021-08014 ANX2022-01002 Site: 2322 Anna Avenue 2306 Anna Avenue Property Size(Acres): ROW (Acres): 0.458 Land Use Zoning PIN: 07-29-16-76446-000-0310 07-29-16-76446-000-0340 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 281A To: Residential Low (RL) Low Medium Density Residential (LMDR) ANNA AVE ANNA AVE SHARKEY RD SHARKEY RD LORENA LN LORENA LN LAKE FOREST RD LAKE FOREST RD FOREST GLEN RD FOREST GLEN RD TERRACE DR NTERRACE DR N -Not to Scale--Not a Survey-Rev. 1/26/2022 EXISTING SURROUNDING USES MAP Owner(s): Earl L. Davis & Kathy Payne Davis Paul L. Smith & Pamela J. Smith Family Trust Case: ANX2021-08014 ANX2022-01002 Site: 2322 Anna Avenue 2306 Anna Avenue Property Size(Acres): ROW (Acres): 0.458 Land Use Zoning PIN: 07-29-16-76446-000-0310 07-29-16-76446-000-0340 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 281A To: Residential Low (RL) Low Medium Density Residential (LMDR) ANNA AVE SHARKEY RD LORENA LN LAKE FOREST RD FOREST GLEN RD TERRACE DR N 406 614 646 616 603 602 510 400 710 506 711 500 410 615 631 317 313 615 647 632 600 601 309 648 647 23102285229423112335234123342346229523292329231623402341229723172286234022802334232823102311232223352328310 712 2317231623232290232323062302234722792322-Not to Scale--Not a Survey-Rev. 1/26/2022 Single Family Residential Single Family Residential Single Family Residential ANX2021-08014 Earl L. and Kathy Payne Davis 2322 Anna Avenue View looking north at subject property 2322 Anna Avenue West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Anna Avenue View looking westerly along Anna Avenue ANX2022-01002 Paul & Pamela Smith Family Trust 2306 Anna Avenue View looking northwest at subject property 2306 Anna Avenue Southwest of the subject property East of the subject property Across the street, to the southeast of the subject property View looking easterly along Anna Avenue View looking southerly along Anna Avenue Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9524-22 2nd rdg Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.6 SUBJECT/RECOMMENDATION: Adopt Ordinance 9524-22 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 2306 and 2322 Anna Avenue, all in Clearwater, Florida 33765, upon annexation into the City of Clearwater as Residential Low (RL). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/31/2022 Ordinance No. 9524-22 ORDINANCE NO. 9524-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTIES GENERALLY NORTH OF DREW STREET, EAST OF N BELCHER ROAD, SOUTH OF SHARKEY ROAD, AND WEST OF OLD COACHMAN ROAD, WHOSE POST OFFICE ADDRESSES ARE 2306 AND 2322 ANNA AVENUE, ALL IN CLEARWATER, FLORIDA 33765, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described properties, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lots 31 and 34, ROLLING HEIGHTS, according to the map or plat thereof recorded in Plat Book 43, Page 1, Public Records of Pinellas County, Florida; Residential Low (RL) (ANX2021-08014; ANX2022-01002) The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9523-22. Ordinance No. 9524-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED FUTURE LAND USE MAP Owner(s): Guy P. Kunnen Paul L. Smith & Pamela J. Smith Family Trust Case: ANX2021-08014 ANX2022-01002 Site: 2322 Anna Avenue 2306 Anna Avenue Property Size(Acres): ROW (Acres): 0.458 Land Use Zoning PIN: 07-29-16-76446-000-0310 07-29-16-76446-000-0340 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 281A To: Residential Low (RL) Low Medium Density Residential (LMDR) I RL RL RL RURLRL RU RL ANNA AVE SHARKEY RD LORENA LN LAKE FOREST RD FOREST GLEN RD TERRACE DR N 603 615 410 711 309 510 601 500 647 406 400 615 616 647 313 506 317 602 600 710 648 23102311232823412322231622972311228023462310232823292286232922952340231723352335233423342341234022852294614 712 632 310 631 646 2347230223232306227923232316229023172322-Not to Scale--Not a Survey-Rev. 1/26/2022 LOCATION MAP Owner(s): Earl L. Davis & Kathy Payne Davis Paul L. Smith & Pamela J. Smith Family Trust Case: ANX2021-08014 ANX2022-01002 Site: 2322 Anna Avenue 2306 Anna Avenue Property Size(Acres): ROW (Acres): 0.458 Land Use Zoning PIN: 07-29-16-76446-000-0310 07-29-16-76446-000-0340 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 281A To: Residential Low (RL) Low Medium Density Residential (LMDR) DREW ST ANNA AVE DORA DR SHARKEY RD LORENA LN ELLA PL VARSITY DR NORMAN DR GRANGER DR LAKE FOREST RD RUSKIN RD FOREST GLEN RD TERRACE DR N TERRACE DR ECOLLEGE HILL DR N E C O A C H M A N R D OBERLIN DR ACORN CT OAKMOUNT RD SHARKEY RD ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/26/2022 ^ PROJECT SITE AERIAL PHOTOGRAPHY Owner(s): Earl L. Davis & Kathy Payne Davis Paul L. Smith & Pamela J. Smith Family Trust Case: ANX2021-08014 ANX2022-01002 Site: 2322 Anna Avenue 2306 Anna Avenue Property Size(Acres): ROW (Acres): 0.458 Land Use Zoning PIN: 07-29-16-76446-000-0310 07-29-16-76446-000-0340 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 281A To: Residential Low (RL) Low Medium Density Residential (LMDR) ANNA AVE ANNA AVE SHARKEY RD SHARKEY RD LORENA LN LORENA LN LAKE FOREST RD LAKE FOREST RD FOREST GLEN RD FOREST GLEN RD TERRACE DR NTERRACE DR N -Not to Scale--Not a Survey-Rev. 1/26/2022 EXISTING SURROUNDING USES MAP Owner(s): Earl L. Davis & Kathy Payne Davis Paul L. Smith & Pamela J. Smith Family Trust Case: ANX2021-08014 ANX2022-01002 Site: 2322 Anna Avenue 2306 Anna Avenue Property Size(Acres): ROW (Acres): 0.458 Land Use Zoning PIN: 07-29-16-76446-000-0310 07-29-16-76446-000-0340 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 281A To: Residential Low (RL) Low Medium Density Residential (LMDR) ANNA AVE SHARKEY RD LORENA LN LAKE FOREST RD FOREST GLEN RD TERRACE DR N 406 614 646 616 603 602 510 400 710 506 711 500 410 615 631 317 313 615 647 632 600 601 309 648 647 23102285229423112335234123342346229523292329231623402341229723172286234022802334232823102311232223352328310 712 2317231623232290232323062302234722792322-Not to Scale--Not a Survey-Rev. 1/26/2022 Single Family Residential Single Family Residential Single Family Residential ANX2021-08014 Earl L. and Kathy Payne Davis 2322 Anna Avenue View looking north at subject property 2322 Anna Avenue West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Anna Avenue View looking westerly along Anna Avenue ANX2022-01002 Paul & Pamela Smith Family Trust 2306 Anna Avenue View looking northwest at subject property 2306 Anna Avenue Southwest of the subject property East of the subject property Across the street, to the southeast of the subject property View looking easterly along Anna Avenue View looking southerly along Anna Avenue Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9525-22 2nd rdg Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.7 SUBJECT/RECOMMENDATION: Adopt Ordinance 9525-22 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 2306 and 2322 Anna Avenue, all in Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/31/2022 Ordinance No. 9525-22 ORDINANCE NO. 9525-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES GENERALLY NORTH OF DREW STREET, EAST OF N BELCHER ROAD, SOUTH OF SHARKEY ROAD, AND WEST OF OLD COACHMAN ROAD, WHOSE POST OFFICE ADDRESSES ARE 2306 AND 2322 ANNA AVENUE, ALL IN CLEARWATER, FLORIDA 33765, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described properties located in Pinellas County, Florida, are hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9523-22. Property Zoning District Lots 31 and 34, ROLLING HEIGHTS, according to the map or plat thereof recorded in Plat Book 43, Page 1, Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2021-08014; ANX2022-01002) Ordinance No. 9525-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED ZONING MAP Owner(s): Guy P. Kunnen Paul L. Smith & Pamela J. Smith Family Trust Case: ANX2021-08014 ANX2022-01002 Site: 2322 Anna Avenue 2306 Anna Avenue Property Size(Acres): ROW (Acres): 0.458 Land Use Zoning PIN: 07-29-16-76446-000-0310 07-29-16-76446-000-0340 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 281A To: Residential Low (RL) Low Medium Density Residential (LMDR) ANNA AVE SHARKEY RD LORENA LN LAKE FOREST RDFOREST GLEN RDTERRACE DR N 614 603 615 410 711 309 510 601 500 647 632 406 400 615 631 616 647 313 506 317 602 600 710 646 648 23102311232823412322231622972311228023462310232823292286232922952340231723352335233423342341234022852294I LMDR 712 310 2347230223232306227923232316229023172322LMDR LMDR-Not to Scale--Not a Survey-Rev. 1/26/2022 LOCATION MAP Owner(s): Earl L. Davis & Kathy Payne Davis Paul L. Smith & Pamela J. Smith Family Trust Case: ANX2021-08014 ANX2022-01002 Site: 2322 Anna Avenue 2306 Anna Avenue Property Size(Acres): ROW (Acres): 0.458 Land Use Zoning PIN: 07-29-16-76446-000-0310 07-29-16-76446-000-0340 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 281A To: Residential Low (RL) Low Medium Density Residential (LMDR) DREW ST ANNA AVE DORA DR SHARKEY RD LORENA LN ELLA PL VARSITY DR NORMAN DR GRANGER DR LAKE FOREST RD RUSKIN RD FOREST GLEN RD TERRACE DR N TERRACE DR ECOLLEGE HILL DR N E C O A C H M A N R D OBERLIN DR ACORN CT OAKMOUNT RD SHARKEY RD ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/26/2022 ^ PROJECT SITE AERIAL PHOTOGRAPHY Owner(s): Earl L. Davis & Kathy Payne Davis Paul L. Smith & Pamela J. Smith Family Trust Case: ANX2021-08014 ANX2022-01002 Site: 2322 Anna Avenue 2306 Anna Avenue Property Size(Acres): ROW (Acres): 0.458 Land Use Zoning PIN: 07-29-16-76446-000-0310 07-29-16-76446-000-0340 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 281A To: Residential Low (RL) Low Medium Density Residential (LMDR) ANNA AVE ANNA AVE SHARKEY RD SHARKEY RD LORENA LN LORENA LN LAKE FOREST RD LAKE FOREST RD FOREST GLEN RD FOREST GLEN RD TERRACE DR NTERRACE DR N -Not to Scale--Not a Survey-Rev. 1/26/2022 EXISTING SURROUNDING USES MAP Owner(s): Earl L. Davis & Kathy Payne Davis Paul L. Smith & Pamela J. Smith Family Trust Case: ANX2021-08014 ANX2022-01002 Site: 2322 Anna Avenue 2306 Anna Avenue Property Size(Acres): ROW (Acres): 0.458 Land Use Zoning PIN: 07-29-16-76446-000-0310 07-29-16-76446-000-0340 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 281A To: Residential Low (RL) Low Medium Density Residential (LMDR) ANNA AVE SHARKEY RD LORENA LN LAKE FOREST RD FOREST GLEN RD TERRACE DR N 406 614 646 616 603 602 510 400 710 506 711 500 410 615 631 317 313 615 647 632 600 601 309 648 647 23102285229423112335234123342346229523292329231623402341229723172286234022802334232823102311232223352328310 712 2317231623232290232323062302234722792322-Not to Scale--Not a Survey-Rev. 1/26/2022 Single Family Residential Single Family Residential Single Family Residential ANX2021-08014 Earl L. and Kathy Payne Davis 2322 Anna Avenue View looking north at subject property 2322 Anna Avenue West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Anna Avenue View looking westerly along Anna Avenue ANX2022-01002 Paul & Pamela Smith Family Trust 2306 Anna Avenue View looking northwest at subject property 2306 Anna Avenue Southwest of the subject property East of the subject property Across the street, to the southeast of the subject property View looking easterly along Anna Avenue View looking southerly along Anna Avenue Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9528-22 2nd rdg Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.8 SUBJECT/RECOMMENDATION: Adopt Ordinance 9528-22 on second reading, designating certain real property located at 900 North Fort Harrison Avenue, formerly known as the North Ward School, as a historic property under Community Development Code Section 4-607. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/31/2022 Ordinance No. 9528-22 ORDINANCE NO. 9528-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO HISTORIC DESIGNATION; MAKING FINDINGS; DESIGNATING CERTAIN REAL PROPERTY LOCATED AT 900 N. FORT HARRISON AVENUE, FORMERLY KNOWN AS THE NORTH WARD SCHOOL, AS A HISTORIC PROPERTY UNDER COMMUNITY DEVELOPMENT CODE SECTION 4-607; PROVIDING FOR CLASSIFICATION OF THE DESIGNATION; PROVIDING FOR NOTICE OF THE DESIGNATION AND RECOGNITION OF THE DESIGNATED PROPERTY BY SIGN OR MARKER; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 4-607 of the City of Clearwater Community Development Code provides a procedure for historic designation of properties and districts within the City of Clearwater; and WHEREAS, the objectives of such designation are to protect, enhance and preserve those historic properties and districts which represent or reflect the City’s cultural, social, economic, political and architectural history, and to preserve and enhance property values, stabilize neighborhoods and other areas of the City, increase economic benefits to the City and its inhabitants, continue the redevelopment of the original center of the City, and promote and enrich the City’s educational and cultural environment; and WHEREAS, historic properties may include but are not limited to Indian habitations, ceremonial sites, artifacts, and other properties, or any part thereof, having intrinsic historical, architectural, or archaeological value relating to the history, government, and culture of the City; and WHEREAS, the property in consideration for historic designation, is classified as having intrinsic historical and architectural value relating to the history and culture of the City of Clearwater; and WHEREAS, Section 4-607 provides for application, review by City staff, recommendation by the Community Development Board and consideration by the City Council after public hearing, and provides that the same procedure shall apply in the event of application for removal of designation; and WHEREAS, an application for historic designation has been submitted and processed for the property located at 900 N. Fort Harrison Avenue, known as the former North Ward School, within the City of Clearwater; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Ordinance No. 9528-22 2 Section 1. The City Council makes the following findings: The property located at 900 N. Fort Harrison Avenue, known as the former North Ward School, bearing the parcel number 09-29-15-32184-001-0010 whose legal description is contained in Exhibit “A” attached hereto [HIS2021-12003] satisfies the following criteria specified under Section 4-607.F.2: a. The property/district is associated with events that have made a significant contribution to the broad pattern of City, State, or national history. c. The property/district possesses distinctive characteristics of a type, period or method of construction, or the representation of the work of a master, or the possession of artistic values. Section 2. Based upon the above findings, the property located at 900 N. Fort Harrison Avenue, known as the North Ward Elementary School, within the City of Clearwater is hereby designated as a historic property and is given the “Notable” classification. The owner shall be given written notice of the designation by the City Clerk, and a suitable sign or marker indicating the historic designation shall be erected on or near the property. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ ____________________________ Matthew J. Mytych, Esq. Rosemarie Call, MPA, MMC Assistant City Attorney City Clerk Exhibit A HIS2021-12003, 900 N. Fort Harrison Avenue, 09-29-15-32184-001-0010 A parcel of land lying in Section 9, Township 29 South, Range 15 East, Pinellas County, Florida, including Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 1, of J.A. Gorra’s Subdivision, according to the plat thereof, recorded in Plat Book 1, Page 44, of the Public Records of Pinellas County, Florida and those certain parcel of land described in the title commitment prepared by Old Republic National Title Insurance Company, for the City of Clearwater, Commitment Number 2019117, Commitment Date March 20, 2019, and lands lying westerly of the above described parcels, being more particularly described as follows: Being at the southeast corner of Lot 4, Block 1, of said J.A. Gorra’s Subdivision; thence N89°59’58”W, along the south line of Block 1, a distance of 244.70 feet to the southwest corner of Lot 5, Block 1, of said J.A. Gorra’s subdivision; thence N12°42’58”E, along the west line of said Lot 5, Block 1 ,a distance of 18.53 feet; thence departing said west line, N06°49’31”E, a distance of 29.50 feet; thence N10°37’10”E, a distance of 45.45 feet; thence N14°01’37”E, a distance of 255.07 feet to the westerly extension of the north line of Parcel 1, as describe in said title commitment; thence S89°56’18”E, along said westerly extension and the north lines of said parcel 1 and said parcel 4, respectively, a distance of 263.33 feet to the northeast corner of said parcel 4 and said parcel 3; thence S15°52’00”W, along the east lines of said parcels of land and the east line of said Block 1, a distance of 352.67 feet to the point of beginning. Containing 87,089 square feet, (1.999 acres) more or less. PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: February 15, 2022 AGENDA ITEM: F.1. CASE: HIS2021-12003 REQUEST: To designate the former North Ward Elementary School a historic property. GENERAL DATA: Applicant ......................... City of Clearwater Owner(s)............................ City of Clearwater Location .......................... 900 North Fort Harrison Avenue, bounded by Cedar Street to the north, N. Fort Harrison Avenue to the east, Nicholson Street to the south, and N. Osceola Avenue to the west. Property Size ................... 1.989 acres Background This historic designation application involves the former North Ward Elementary School bounded by Cedar Street to the north, N. Fort Harrison Avenue to the east, Nicholson Street to the south, and N. Osceola Avenue to the west. The property includes a total of 5 structures on the site and is 1.989 acres in area. The primary structure is the original 1915 school building and the 1926 addition which included a two-story brick addition connected by a one-story hallway. A one-story addition was made to the rear of the original structure which included a masonry cafeteria in 1945 and one-story library and kitchen in 1951. A former car dealership, built circa 1927, is located at the northeast corner of the site and was converted to a classroom and cafeteria annex. There is also a mechanical building constructed in 1996, an unchanged small domed building near the cafeteria constructed circa 1965 and an open pavilion that provides shade over the recreation courts. The former North Ward Elementary School retains a high level of integrity and remains in its original location. It was constructed within a setting of mixed residential and commercial properties along a major road corridor. Alterations to the original floorplans of the 1915 and 1926 buildings are minor and are related primarily to the addition of the lunchroom and cafeteria in the 1940s and 1950s. The original brick exteriors remain, along with the original decorative elements which were minimal in design. The clay tile roofing has been replaced with composition shingles without altering the original form. Although some of the historic materials, such as the windows, have been replaced, an effort was made to retain the original design. Original interior materials such as the oakwood floors, classroom wardrobes, radiators, doors, interior windows, Revised for City Council – March 17, 2022 Community Development Board – February 15, 2022 HIS2021-12003- Page 2 of 8 Level III Historic Designation PLANNING & DEVELOPMENT stairwells, and semicircular wood stage remain, clearly demonstrating the historic workmanship that went into the school building. The former North Ward Elementary School conveys a clear association with the history of public education in Clearwater and Pinellas County. The North Ward Elementary School last served its original function as an educational institution in 2009. The Pinellas County School Board made the decision to close the school due to declining enrollment numbers that took place during the preceding decade but had maintained the building with the possibility of reopening it as a school or other educational building in the future. Regardless of the closure, the school is an excellent representative of the architecture of its time, and the historical character of the Old Bay District and the City of Clearwater as a whole. In 2019, the City of Clearwater purchased the property from the Pinellas County School Board with a vision to preserve the property. Subsequently, in October 2021 the North Ward Elementary School was listed on the National Register of Historic Places by the National Park Service. Standards for Historic Designation Community Development Code Section 4-607.F. addresses the standards for historic designation, including criteria for evaluating proposed historic properties and classification levels related to how many of the criteria are satisfied. The following section discusses the consistency of the proposed historic designation with the standards pursuant to Section 4-607.F. Consistency with Criteria for Evaluating Proposed Historic Properties Recommended Findings of Fact: Applicable criteria for evaluating the historic designation of the former North Ward Elementary School are as follows: • Whether the property is associated with events that have made a significant contribution to the broad pattern of city, state, or national history [CDC Section 4-607.F.2.a]. The former North Ward Elementary School is significant at the local level as representative of the history and development of education in Clearwater and Pinellas County. The school contributed to the growth of the community and as a focal point for northward development. It was one of the first schools built by the Pinellas County Board of Public Instruction following the county’s creation. It served the neighborhoods north of downtown Clearwater for nearly 100 years, growing and adapting along with the city and was one of the first county schools to be racially integrated. The school has an important association with the City’s growth and development throughout the twentieth century and retains a strong link to the local community. • Whether the property is associated with the lives of persons significant in history [CDC Section 4- 607.F.2.b]. There is no evidence that the property is associated with the lives of persons significant in history. Revised for City Council – March 17, 2022 Community Development Board – February 15, 2022 HIS2021-12003- Page 3 of 8 Level III Historic Designation PLANNING & DEVELOPMENT • Whether the property possesses distinctive characteristics of a type, period or method of construction or the representation of the work of a master, or the possession of artistic values [CDC Section 4-607.F.2.c]. The former North Ward Elementary School embodies the distinctive characteristics of an early-twentieth-century grammar school. The Prairie-influenced design of the original school is evident in the rectangular form topped by a low-pitched hipped roof with wide overhanging eaves, centrally located entrance, symmetry, and brick bands separating the floors. Notable elements of the school include the open rectangular classrooms arranged along a corridor, tall windows along the exterior walls providing ample natural light, and classrooms with a wall for the chalkboard with cupboards and shelves at one end of the room for storage. Although L-shaped, the 1926 addition carried on the stylistic details of the original building on both the interior and exterior. Incorporated into the overall plan are spaces like the auditorium, lunchroom, kitchen, boys and girls restrooms, the teacher’s lounge, and wide stairways. Outside are covered walkways between buildings, playgrounds, parking, and sidewalks. The masonry construction, high ceilings, plaster walls, primarily wood floors, wood trim, built-in cabinets, original interior doors with hardware and transoms, entrances elevated with steps, steam heat with radiators, and hipped roof are character-defining features. Later additions are characteristic of mid-twentieth-century schools, as separate one-story buildings connected by covered walkways with tile floors, stucco covered exterior walls with little ornamentation, and flat roofs. North Ward School Photos Historic Photograph, 1922 Source: Burgert Brothers Collection, Courtesy Tampa-Hillsborough County Public Library System Revised for City Council – March 17, 2022 Community Development Board – February 15, 2022 HIS2021-12003- Page 4 of 8 Level III Historic Designation PLANNING & DEVELOPMENT Current Photograph, 2021 1926 Addition Source: Kimberly Hinder and Lucy Jones, January 15, 2021. Revised for City Council – March 17, 2022 Community Development Board – February 15, 2022 HIS2021-12003- Page 5 of 8 Level III Historic Designation PLANNING & DEVELOPMENT Aerial View • Whether the property yielded or may be likely to yield information important in prehistory or history. [CDC Section 4-607.F.2.d]. There is no evidence that the former North Ward Elementary School yields information important in prehistory or history. Revised for City Council – March 17, 2022 Community Development Board – February 15, 2022 HIS2021-12003- Page 6 of 8 Level III Historic Designation PLANNING & DEVELOPMENT Recommended Conclusions of Law: The former North Ward Elementary School is eligible for historic designation as the property is associated with events that have made a significant contribution to the broad patterns of Clearwater history, and the building possesses distinctive characteristics of a type, period, and method of construction. Classification of Property Recommended Findings of Fact: Community Development Code Section 4-607.F.3 specifies that historic properties shall be classified as exceptional, excellent, notable or of value as part of the scene depending on the number of designation criteria met. Based on the findings of fact and conclusions of law made above, the North Ward Elementary School currently meets two out of the four designation criteria including: association with events that have made a significant contribution to the broad patterns of history and association with distinctive characteristics of a type, period, or method of construction. Recommended Conclusions of Law: The former North Ward Elementary School is considered “notable” as it meets the criteria established in Community Development Code Section 4-607.2 a. and c. IMPACT OF PROPOSED HISTORIC DESGINATION The historic designation of the former North Ward Elementary School will afford local protection for the building which was listed on the National Register of Historic Places in October 2021. Since its construction in 1915, the school has undergone several additions and renovations that have not disrupted the character of the original structure. The growth of the community necessitated the construction of a two-story brick addition connected by a one-story hallway on the south elevation in 1926. Like the original building, the addition was of brick construction topped by a hipped roof. A one-story masonry cafeteria followed by a one story library and kitchen were added to the west (rear) elevation in 1945 and 1951, respectively. Circa 1992, the original exterior windows, doors, and transoms were replaced with vinyl units that replicated the original design. The roof of the school was originally tile but has been replaced with composition shingles and the hipped roof design remains. The main school building including its additions are considered historic and contributing to the historic association of the property. The other structures on the property including the former car dealership, mechanical building, and open pavilion are non-historic changes to the site and considered noncontributing. The former North Ward Elementary School is one of Clearwater’s few historic landmarks and listed on the National Register of Historic Places. The historic designation of this property will preserve the character of a highly visible community asset that had previously served the City of Clearwater and neighborhoods north of Downtown for nearly 100 years. Designating the North Ward Elementary School locally will ensure that any future improvements will maintain the historic integrity of the building because the owner is required to request a certificate of appropriateness in order to materially alter the building, erect a new building on the Revised for City Council – March 17, 2022 Community Development Board – February 15, 2022 HIS2021-12003- Page 7 of 8 Level III Historic Designation PLANNING & DEVELOPMENT property or demolish or relocate the building. No building or demolition permit shall be issued for any historic property or for any property included within a historic district without the approval of a certificate of appropriateness by the community development board. It is not required for ordinary building maintenance. Several city plans contain policies related to the preservation and designation of structures within the city, which can create a sense of place and time and maintain character that makes a city unique. Clearwater Comprehensive Plan Applicable Objective and Policies from the Future Land Use Element of the Clearwater Comprehensive Plan in support of the historic designation of the North Ward Elementary School are as follows: • Policy A.5.5.2 - Preserve the unique qualities of Clearwater and its cultural heritage as exemplified by historic buildings, landmarks, landscapes, streetscapes, lighting, and building design. • Objective A.6.3 - The City shall encourage the implementation of historic overlay districts, the maintenance of existing historic properties, and the preservation of existing neighborhoods through the use of design guidelines and the implementation of the City’s Community Development Code. • Policy A.6.3.1 - The City Council shall consider designating historic properties and districts within the City of Clearwater; designations shall be consistent with the standards for designation found in the City’s Community Development Code. Procedures identified in the Community Development Code should be amended to permit the City, in addition to property owners, to initiate such designation. • Policy A.6.3.2 - Any changes to approved historic structures shall be approved by the Community Development Board in accordance with the procedures and requirements found in the Community Development Code. Downtown Clearwater Redevelopment Plan The Downtown Clearwater Redevelopment Plan encourages renovations and adaptive reuse of existing older structures. Specifically, in the Old Bay Character District portion of the plan, the former North Ward School is directly mentioned: “Reopening the North Ward School as a public school or marine/maritime school or visual and performing arts school is encouraged to enhance the neighborhood and utilize the unique structure. Additionally the North Ward School could be adapted to a community/cultural center, art gallery or museum and improved with publicly accessible amenities like a playground, garden, or space for outdoor events to expand the cultural attractions in the District. Historic designation of the North Ward School to preserve the structure while allowing for adaptive reuse is supported.” The proposed historic designation of the former North Ward Elementary School furthers the following objectives and policies of the Downtown Clearwater Redevelopment Plan: Revised for City Council – March 17, 2022 Community Development Board – February 15, 2022 HIS2021-12003- Page 8 of 8 Level III Historic Designation PLANNING & DEVELOPMENT • Objective 4D: Encourage renovation and reuse of existing historic structures to maintain the character of Downtown’s neighborhoods. • Old Bay Character District Policy 3: Pursue historic designation of the North Ward School. The historic designation of this building will make it exempt of any development standards outlined in the Downtown (D) District zoning code that might conflict with its ability to remain historic. Although there have been renovations throughout the history of the property, efforts have ensured that the structure has maintained the original character and appearance from its earliest construction. The historic designation will provide greater protection as it will require improvements to be in compliance with the Secretary of the Interior’s Standards for Rehabilitation. SUMMARY AND RECOMMENDATION: The historic designation of the former North Ward Elementary School was requested by the City of Clearwater. The building embodies the distinctive characteristics of an early-twentieth-century grammar school, as reflected by its listing on the National Register of Historic places in October 2021. The School served the City of Clearwater and the neighborhoods north of Downtown for nearly 100 years and remains a significant architectural resource in the Clearwater community. The structures on the property that are contributing to the historic designation include the original school building and its 1945 and 1951 additions, and the 1965 small domed building. Locally designating the school as a historic site will further preserve the historic character of the property and surrounding areas while also guiding any future redevelopment or adaptive reuse projects. Policies within the Clearwater Comprehensive Plan and the Downtown Clearwater Redevelopment Plan emphasize the importance of designating and preserving historic buildings and the historic designation of the North Ward Elementary School will satisfy several policies and objectives listed within both plans. Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the historic designation of 900 North Fort Harrison Avenue, the former North Ward Elementary School with the classification of notable. Prepared by Planning and Development Department Staff: ATTACHMENTS: Ordinance No. 9528-22 National Register of Historic Places Registration Form Notification Letter from National Park Service Site Photos Resume Dylan Prins, Planner NPS Form 10-900 OMB No. 1024-0018 (Rev. 10-90 United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES REGISTRATION FORM This form is for use in nominating or requesting determinations for individual properties and districts. See instructions in How to Complete the National Register of Historic Places Registration Form (National Register Bulletin 16A). Complete each item by marking "x" in the appropriate box or by entering the information requested. If any item does not apply to the property being documented, enter "N/A" for "not applicable." For functions, architectural classification, materials, and areas of significance, enter only categories and subcategories from the instructions. Place additional entries and narrative items on continuation sheets (NPS Form 10-900a). Use a typewriter, word processor, or computer, to complete all items. 1. Name of Property historic name North Ward Elementary School other names/site number 8PI8347 2. Location street & number 900 North Fort Harrison Avenue not for publication city or town Clearwater vicinity state Florida code FL county Pinellas code 103 zip code 33756 3. State/Federal Agency Certification As the designated authority under the National Historic Preservation Act, as amended, I hereby certify that this nomination request for determination of eligibility meets the documentation standards for registering properties in the National Register of Historic Places and meets the procedural and professional requirements set forth in 36 CFR Part 60. In my opinion, the property meets does not meet the National Register criteria. I recommend that this property be considered significant nationally statewide locally. ( See continuation sheet for additional comments.) _______________________________________________________________________ Signature of certifying official/Title Date Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State State or Federal agency and bureau In my opinion, the property  meets  does not meet the National Register criteria. (See continuation sheet for additional comments.) _____________________________________________________________________ Signature of certifying official/Title Date ___________________________________________________________________________________________ State or Federal agency and bureau 4. National Park Service Certification I hereby certify that the property is: Signature of the Keeper Date of Action  entered in the National Register  See continuation sheet  determined eligible for the National Register  See continuation sheet.  determined not eligible for the National Register  See continuation sheet.  removed from the National Register.  other, (explain) North Ward Elementary School Pinellas County, Florida Name of Property County and State 5. Classification Ownership of Property Category of Property Number of Resources within Property (Check as many boxes as apply) (Check only one box) (Do not include any previously listed resources in the count) private buildings Contributing Noncontributing public-local district public-State site public-Federal structure object Name of related multiple property listings Number of contributing resources previously (Enter “N/A” if property is not part of a multiple property listing.) listed in the National Register N/A N/A 6. Function or Use Historic Functions (Enter categories from instructions) Current Functions (Enter categories from instructions) EDUCATION / school VACANT / NOT IN USE 7. Description Architectural Classification (Enter categories from instructions) Materials (Enter categories from instructions) PRAIRIE SCHOOL foundation CONCRETE, BRICK walls BRICK roof ASPHALT other Narrative Description (Describe the historic and current condition of the property on one or more continuation sheets.) 2 3 buildings sites structures objects 2 3 total North Ward Elementary School Pinellas County, Florida Name of Property County and State 8. Statement of Significance Applicable National Register Criteria (Mark “x” in one or more boxes for the criteria qualifying the property for National Register listing.) A Property is associated with events that have made a significant contribution to the broad patterns of our history. B Property is associated with the lives of persons significant in our past. C Property embodies the distinctive characteristics of a type, period, or method of construction or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components lack individual distinction. D Property has yielded, or is likely to yield information important in prehistory or history. Criteria Considerations (Mark “x” in all the boxes that apply.) Property is: A owned by a religious institution or used for religious purposes. B removed from its original location. C a birthplace or grave. D a cemetery. E a reconstructed building, object, or structure. F a commemorative property. G less than 50 years of age or achieved significance within the past 50 years Areas of Significance (Enter categories from instructions) EDUCATION ARCHITECTURE Period of Significance 1915-71 Significant Dates 1915 1926 1945-51 Significant Person Cultural Affiliation Architect/Builder William B. Ittner & M. Leo Elliott Forest Killey Narrative Statement of Significance (Explain the significance of the property on one or more continuation sheets.) 9. Major Bibliographical References Bibliography Cite the books, articles, and other sources used in preparing this form on one or more continuation sheets.) Previous documentation on file (NPS): Primary location of additional data: preliminary determination of individual listing (36 State Historic Preservation Office CFR 36) has been requested Other State Agency previously listed in the National Register Federal agency previously determined eligible by the National Local government Register University designated a National Historic Landmark Other recorded by Historic American Buildings Survey Name of Repository # recorded by Historic American Engineering Record # North Ward Elementary School Pinellas County, Florida Name of Property County and State 10. Geographical Data Acreage of Property 2 acres UTM References (Place additional references on a continuation sheet.) 1 1 7 3 2 3 0 2 9 3 0 9 5 7 5 7 Zone Easting Northing 2 3 Zone Easting Northing 4 See continuation sheet Verbal Boundary Description (Describe the boundaries of the property on a continuation sheet.) Boundary Justification (Explain why the boundaries were selected on a continuation sheet.) 11. Form Prepared By name/title Kimberly Hinder and Lucy Jones/Senior Architectural Historians organization Cardno date May 25, 2021 street & number 3905 Crescent Park Drive telephone 813-367-0969 city or town Riverview state FL zip code 33578 Additional Documentation Submit the following items with the completed form: Continuation Sheets Maps A USGS map (7.5 or 15 minute series) indicating the property’s location. A Sketch map for historic districts and properties having large acreage or numerous resources. Photographs Representative black and white photographs of the property. Additional items (check with the SHPO or FPO for any additional items) Property Owner (Complete this item at the request of SHPO or FPO.) name City of Clearwater, Gina Clayton, Planning and Development Director street & number 100 S. Myrtle Ave. telephone 727-562-4587 city or town Clearwater state FL zip code 33756 Paperwork Reduction Act Statement: This information is being collected for applications to the National Register of Historic Places to nominate properties for listing or determine eligibility for listing, to list properties, and amend listings. Response to this request is required to obtain a benefit in accordance with the National Historic Preservation Act, as amended (16 U.S.C. 470 et seq.). Estimated Burden Statement: Public reporting burden for this form is estimated to average 18.1 hours per response including time for reviewing instructions, gathering and maintaining data, and completing and reviewing the form. Direct comments regarding this burden estimate or any aspect of this form to the Chief, Administrative Services Division, National Park Service, P.O. Box 37127, Washington, DC 20013-7127; and the Office of Management and Budget, Paperwork Reductions Projects (1024-0018), Washington, DC 20503. NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number 7 Page 1 Name of multiple listing (if applicable) SUMMARY Name: North Ward Elementary School Year Built: 1915 Address: 900 North Fort Harrison Avenue, Clearwater Historic Function: EDUCATION / School Current Function: VACANT / Not In Use North Ward Elementary School embodies the distinctive characteristics of an early-twentieth-century grammar school (Photograph 1). Constructed ca. 1915, the design of the original structure featured a four-over-four classroom plan incorporated into a square, two-story, brick building topped by a hip roof surfaced with tiles originally, but composition shingles currently (Photograph 2). The growth of the community necessitated the construction of a two-story brick addition connected by a one-story hallway on the south elevation in 1926 (Photograph 3). Like the original building, the addition was of brick construction topped by a hip roof. A one-story masonry cafeteria followed by a one-story library and kitchen were added to the west (rear) elevation in 1945 and 1951, respectively. A former car dealership, built ca. 1927, at the northeast corner of the parcel is a secondary building converted to a classroom and cafeteria annex (acquired ca. 1956). Other buildings on the property include the 1996 mechanical building and the ca. 1996 open pavilion shielding the basketball and recreation courts. The additional buildings are connected to the original school by covered walkways. The complex served as an elementary school from its construction ca. 1915 until its closure in 2009. Since that time, it has been vacant. Although in need of some maintenance, the North Ward Elementary School complex remains in good condition. The City of Clearwater purchased the property in 2019 (Pinellas County Clerk of the Circuit Court [PCCCC] Official Records [OR] Book 20665, Page 511). SETTING Located in the Old Clearwater Bay neighborhood north of downtown Clearwater, the North Ward Elementary School is situated on parcel number 09-29-15-32184-001-0010, which consists of Lots 1-8 of Block 1 of J.A. Gorra’s Subdivision (PCCCC Plat Book [PB] 1, Page 44) together with unplatted adjacent land on the north. Clearwater is a medium-sized municipality positioned on the west coast of central Florida and is part of the greater Tampa Bay-St. Petersburg-Clearwater metropolitan area. Facing east, the former school fronts on Fort Harrison Avenue, a major road connecting Clearwater with Dunedin to the north. Also bounded by Cedar Street on the north, Osceola Avenue on the west, and Nicholson Street on the south, the block on which the school is situated is now in an area of mixed commercial and residential uses with modern mid-rise and marina construction adjacent to the west and southwest. At the time of its construction, the area was predominately filled with scattered small residences with commercial uses further south along Fort Harrison Avenue. NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number 7 Page 2 Name of multiple listing (if applicable) NARRATIVE DESCRIPTION Exterior The original, two-story school built in 1915 is constructed of brick set in a common bond pattern with sixth course headers. Resting on a continuous foundation, the building is topped by a hip roof covered with composition shingles and pierced by an interior brick chimney on the west roof slope. The building is five bays wide by five bays deep. Original windows appear to have been nine-over-nine wood double-hung sash, but were replaced with nine-over-nine, single-hung sash vinyl windows in 1992. The original fenestration pattern with paired windows remains largely intact with replacement windows that mirror the original design. A few window openings have been enclosed, and some are partially filled by air conditioning units. On the east façade, the centrally located primary entrance is set within a one- story entry stoop with a replacement flat roofed canopy supported by metal poles set on brick piers with brick wing walls framing the concrete steps (Photograph 4). The original paired three-light, paneled doors evident in historic photographs were replaced with the existing paired metal doors ca. 2001. A 16-light transom, which was originally a six-light transom, and one-light, one-panel sidelights flank the paired doors. The north entrance has a single door with enclosed sidelights and transom, but mirrors the same design elements with brick piers and wing walls (Photograph 5). The replacement canopy extends to cover the walkways to the playground pavilion and the building at the northeast corner of the lot. A second-floor emergency exit directly above the north entrance has a replacement metal door set under a 10-light transom; the partially enclosed opening leads to a metal staircase extending to the northwest corner of the building. The west (rear) elevation features paired windows at the north and south ends mirroring the front elevation, but the central portion of the rear elevation has independently placed windows reflecting the presence of the interior stairwell (Photograph 6). Notable features include widely overhanging eaves finished with novelty board and exposed rafters underneath, a belt course separating the first and second floors, concrete squares with metal hooks placed to support the original entrance canopy, and brick lintels and sills. Historic street lights flank the concrete entrance walk to the main building. The growth of the community necessitated the construction of a two-story, L-shaped addition with eight classrooms on the south elevation in 1926. A one-story hallway connected the two buildings, with a slight bend to conform to the slope of the property’s southwestern corner. Like the original building, the addition was of brick construction topped by a hip roof, which is now surfaced with composition shingles. Gabled dormers with louvered vents pierce the roof surface. Although the original four- and six-light pivot windows have been replaced with vinyl single-hung sash units, the paired and independent window fenestration remains largely intact with some openings partially filled with mechanical equipment. First-floor openings along the east façade appear to have originally been paired six-light wood casements set under fixed arched fanlights with wood panels at the base of the wall. Most of these openings have been enclosed, but a few have paired six-over-six metal single-hung sash NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number 7 Page 3 Name of multiple listing (if applicable) windows set below a 12-light fanlight. An emergency exit from the second floor utilizes an exterior metal stairway on the east elevation. Located in the hyphen connecting the 1915 building with the 1926 addition, the east elevation’ entrance on the 1926 addition had paired six-light, one-panel wood doors set under a seven-light fanlight. This entrance now has paired metal doors placed under a 12-light vinyl fanlight with a metal canopy providing shelter in front of the door. By the early 1950s, an open walkway above this hyphen connected the second floors; this was subsequently enclosed with plywood ca. 1970. Another entrance on the north elevation of the 1926 addition has a replacement door flanked by enclosed sidelights set below a replacement fanlight with a metal canopy shading the opening. The south entrance in the 1926 addition has a replacement door with enclosed sidelights set under a metal canopy with brick wing walls flanking the concrete steps (Photograph 7). A panel of decorative parquet patterned brick and an arched nine-over-nine single-hung sash window with a fixed five-light fanlight are above the entrance. Placed between the first and second floors, this arched window indicates the stairwell into which this entrance leads. A large, brick chimney anchors the southwest corner of the building (Photograph 8). Like the original building, the addition features widely overhanging eaves with exposed rafters, a belt course at the division between floors, and brick lintels and sills. The addition also has a water table with foundation vents. The change in elevation on the site led to the creation of a basement level on the west side of both the 1915 building and the 1926 addition. A one-story masonry cafeteria followed by a one-story library and kitchen were added to the west (rear) elevation in 1945 and 1951, respectively (Photograph 9). These additions altered the shape of the connection between the 1915 and 1926 buildings, and used different materials in their construction (concrete block surfaced with stucco). The 1945 addition’s roof has a slight gable, while the 1951 addition has a built-up flat roof. Windows are paired, six-over-six and nine-over-nine vinyl single-hung sash with some openings enclosed with mechanical equipment. An entrance stoop with an enclosed door and a loading dock are on the south elevation. A storeroom was added to this addition during the late 1990s. Built in the late 1920s, a former car dealership at the northeast corner of the parcel is a secondary building converted to a classroom and cafeteria annex (Photograph 10). Constructed of hollow clay tile surfaced with stucco, it has a built-up shed roof hidden behind a shaped parapet. Windows are four- over-four vinyl, single-hung sash windows independently placed and set in a ribbon pattern. The original entrance and display windows on the east elevation were enclosed ca. 1956, when it was converted to classroom space. Individual classroom entrances were cut into the south elevation, and a flat roofed bathroom addition was also added on the south elevation. The metal pavilion and concrete block mechanical building were built north of the 1915 school in 1996 (Photograph 11; Clearwater Historical Society; NETR 1995, 1998; St. Petersburg Times 25 August 1996). The pavilion is a metal structure with a low-pitched gable roof supported by metal pylons set NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number 7 Page 4 Name of multiple listing (if applicable) above a concrete slab foundation. The concrete-block mechanical building has a gable roof surfaced with composition shingles, paired metal doors on the east elevation, and a concrete slab foundation. A ca. 1965 dome shaped metal structure now used for storage is directly west of the school (Photograph 12; NETR 1971; USDA 1957). Concrete walkways and metal canopies connect the school buildings. A former sign with brick piers is located along Fort Harrison Avenue. The school complex is enclosed by a chain-link fence with a concrete retaining wall along the western property edge. Interior The interiors of both the 1915 building and the 1926 addition remain largely intact. The 1915 school featured a rectangular form with four classrooms at each of the four corners of the building separated by intersecting hallways laid out in a Greek Cross pattern. The double-loaded corridor led to a U-shaped split staircase at the center of the intersecting hallways (Photograph 13). The second floor incorporated the same general plan with an auditorium taking the place of the two classrooms at the north end of the building. The 1915 building retains its original four-light, two-panel wood classroom doors set below two-light transoms (Photograph 14), beadboard wainscoting, and semicircular wood stage in the auditorium (Photograph 15). The L-shaped 1926 addition has a hall along the east side of the building on both floors with classrooms extending west and south off the corridor. A U-shaped staircase anchors the intersection of the hallways. The classrooms in the 1926 addition have built-in cabinets (Photograph 16) and original nine-light, two-panel classroom doors set below six-light transoms (Photograph 17). Both the original building and the 1926 addition have rectangular classrooms, high ceilings, plaster walls, oak wood floors, wood trim, and steam heat with radiators. ALTERATIONS Although some materials have been replaced, the overall design remains intact. Historical photographs indicate that the original roofing material was tile (St. Petersburg Times 1 August 1948), which has been replaced with composition shingles but the hip roof design remains. Original windows appear to have been a combination of double-hung sash, pivot, and casement with arched fanlights above them. The original exterior windows, doors, and transoms have been replaced with replacement vinyl units ca. 1992, but the pattern replicates the original design. The overall fenestration remains intact although a few openings have been infilled and some are filled with mechanical equipment. Gutters have been added blocking much of the exposed rafter ends. The entrance canopies were replaced, likely in the early 1960s. The 1945 and 1951 additions are smaller buildings attached to the rear elevation and are now considered historic. This school building in its entirety is considered contributing. The former car dealership at the northeast corner of the parcel was acquired during the historic period, but is the most altered building on the parcel. As such, this building would be considered noncontributing. The most notable change is the enclosure of the front entrance and display windows. NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number 7 Page 5 Name of multiple listing (if applicable) Other alterations include the addition of the restrooms and introduction of classroom doors, changing the fenestration further. The small domed building near the cafeteria, constructed ca. 1965, appears unchanged and is considered contributing. The mechanical building and open pavilion are non-historic changes to the site, but remain largely unaltered since their construction. These two structures are considered noncontributing. INTEGRITY The North Ward Elementary School retains a high level of integrity. It is in its original location, within a setting of mixed residential and commercial properties along a major road corridor. Alterations to the original floorplans of the 1915 and 1926 buildings are minor, and are related primarily to the addition of the lunchroom and cafeteria in the 1940s and 1950s. The original brick exteriors remain, along with the minimal decorative elements. The clay tile roofing has been replaced with composition shingles without altering the original form. Although some of the historic materials, such as the windows, have been replaced, an effort was made to retain the original design. Original interior materials such as the oak wood floors, classroom wardrobes, radiators, doors, interior windows, stairwells, and a semicircular wood stage, remain, clearly demonstrating the historic workmanship that went into the school building. The North Ward Elementary School conveys a clear association with the history of public education in Clearwater and Pinellas County, Florida. NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number 8 Page 1 Name of multiple listing (if applicable) SUMMARY The North Ward Elementary School, located in the city of Clearwater at 900 North Fort Harrison Avenue in Pinellas County, Florida, is significant at the local level under NRHP Criterion A based upon its contribution to the educational system and growth of Clearwater. It was constructed in 1915 as part of a building campaign undertaken by the Pinellas County Board of Public Instruction to improve school facilities soon after the incorporation of the county. Constructed in 1915, the school served as the second elementary school in the town and the first along the northern edge of the city allowing growth north of downtown. It remains a focal point of the neighborhood and community. It is also significant at the local level under NRHP Criterion C based upon its architecture as a traditional school, which is expressed in terms of its design, a four-over-four classroom plan incorporated into a square, two-story, brick building with period-appropriate additions. The interior finishes are largely intact and typical of early-twentieth-century public schools. Consequently, it remains as a significant architectural resource in the Clearwater community. HISTORIC CONTEXT Soon after Florida was named a United States territory in 1821, the territorial legislature attempted to create a statewide school system. However, the lack of funds and residents hampered efforts with most Florida schools remaining privately funded. Part of Hillsborough County when it was established in 1834, the population of the Pinellas peninsula totaled 178 people who formed 35 families (Dunn 1973:22). In April 1841, the U.S. Army established Fort Harrison on the future site of Clearwater as a recuperation center for sick and wounded soldiers during the Second Seminole War. After the close of the war the following year, pioneers utilized the Armed Occupation Act of 1842 to file 24 claims in the area which would become Pinellas County (Clearwater Woman’s Club 1917:8; Dunn 1973:15). Most settlement on the peninsula centered around present-day Safety Harbor and southern St. Petersburg. Prior to the Civil War, John Taylor and James McMullen built the old McMullen Log School and the Taylor School starting in 1853, but both closed at the start of the war. By 1858, Clearwater was a stop for the mail boat coming from Cedar Keys. After the Civil War, the state Constitution of 1868 allowed for a property tax earmarked for public schools and guaranteed that all children between the ages of four and 21 would be guaranteed an education. Formed soon thereafter, the Hillsborough County Board of Public Instruction established a local school district in Clearwater (School Tax District 2) and opened the Clearwater Cemetery School with nearly 30 students and Jennie Plumb as the teacher in 1873-74. Most schools at the time were one- or two-room wood frame facilities and some served as churches on Sunday (Clearwater Woman’s Club 1917:11, 21; Earley 1987:11-15). NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number 8 Page 2 Name of multiple listing (if applicable) In 1883, William Campbell donated land on Fort Harrison Avenue to erect a new school that would later be known as South Ward Elementary. Then called simply the Clearwater Public School, the facility was enlarged in 1888 and became a graded school in 1903. When the Orange Belt Railroad arrived in the community in 1888, only 18 families lived in Clearwater with a dock at the foot of Cleveland Street but no paved streets. By 1891, the city incorporated, and the railroad became part of the Plant System in the late 1890s, leading to construction of the Belleview Hotel in 1896. The community’s growth prompted the replacement of the Clearwater school building with a concrete-block building on South Fort Harrison Avenue in 1906 (now home to the Clearwater Historical Society). In 1912, the red brick Clearwater High School was built to further the education of the older students. When Pinellas County formed in 1912, the new county acquired 22 public schools – 18 for white students and four for African American pupils. Three of the schools were in Clearwater: one white elementary school, one white high school, and one African American elementary school (Clearwater Woman’s Club 1917:14, 22; Earley 1987:15- 16; Hawkins 1962:10; Meyer 1987: 242). A second railroad, the Tampa & Gulf Coast Railroad, arrived in Clearwater in 1914, bringing additional tourists and new residents. Sanborn Fire Insurance Maps show scattered residences in the residential area north of downtown Clearwater when North Ward Elementary School was built in 1915. Most notably, the school was a block northeast of the city waterworks, the City’s Waterworks Park, and the 1917 wooden Seminole Bridge, which was the first structure to connect the city with Clearwater Beach. With major infrastructure improvements in the neighborhood and an increasing number of homes, the school board anticipated continued growth northward. The block selected for the construction of the North Ward School was Block 1 of J.A. Gorra’s Subdivision, platted in 1912. When the school was built, a wood-frame house (908 N. Ft. Harrison Avenue) appears to have already existed on unplatted land just north of the block (Clearwater Woman’s Club 1917:17; Sanborn Map Company 1917). According to author Susan Thompson’s essay in A Tradition of Excellence, Pinellas County Schools: 1912-1987, the school board approved the use of funds to build a school on May 31, 1913 (Thompson 1987:159). The property on which the school would be built was purchased by the Trustees of School Tax District 2 in 1913, 1915, and 1919 (Ancestry.com 2006, 2010; PCCCC Deed Book [DB] 26, Page 446 and DB 27, Page 273 and DB 65, Page 105; Pinellas Board of Public Instruction, 1992). The “History of Clearwater” published by the Clearwater Woman’s Club in 1917 and contemporary newspaper articles indicate that the building was constructed in 1915 (Clearwater Woman’s Club 1917:22). According to the May 8, 1915, St. Petersburg Times, Clearwater voters approved a bond issue for $20,000 “toward erecting a school house on the north side of town. The site has not yet been agreed on but the board has several excellent ones under consideration” (St. Petersburg Times 8 May 1915). By June, the bonds were sold at bid for a record-breaking price. The location for the new school between Fort Harrison and Osceola Street had been selected as well (Tampa Tribune 24 June 1915). In NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number 8 Page 3 Name of multiple listing (if applicable) August, the school board announced that the bond money, amounting to almost $22,000, would be available in about ten days and construction on the “handsome new school building” would begin after its receipt (Tampa Tribune 6 August 1915). Susan Thompson credited the construction to builder John Nuvean and Company, but research for this designation has been unsuccessful in locating any information about such a builder or company (Thompson 1990:1). No additional information was found regarding the original design, architect, or builder. The school opened by the start of the 1916 school year (St. Petersburg Times 7 November 1916). The first principal was Mary Moore, who served until 1920, followed by Lillian Bigger (Hawkins 1962:43). The six grades were taught by three teachers. Although the school had a capacity of 300 students, just under 100 attended when the school opened. The school drew pupils from the surrounding neighborhoods including Old Clearwater Bay, Greenwood, and even Clearwater Beach since the only bridge was nearby (Clearwater Historical Society 1919; Clearwater News 23 November1990). Pinellas County’s first superintendent of schools, Dixie Hollins, started as the principal of South Ward School and was appointed to the superintendent position in 1912 at the age of 25. Under his leadership, county residents passed 30 separate bond issues providing a total $625,500 for the improvement and establishment of 35 schools in the county by 1919. Of these, only five new schools were wood frame, while the rest were constructed of brick or stone. Every school had indoor restrooms and sanitary drinking fountains by the time he left office in 1920. He also brought academics to the forefront, requiring all teachers to be college graduates (Earley 1987:15). The rapid growth of Pinellas County during the land boom prompted the Board of Public Instruction to upgrade and expand the existing educational facilities. School enrollment grew from 5,429 students in 1920 to 19,000 by 1927. During this period, the County built 33 new schools (Costrini 1987:21). New schools were constructed while others were enlarged in some established communities. Designed by professional architects, the new buildings were more elaborate than their predecessors. As Clearwater continued to grow, so did student enrollment, and an eight-room classroom addition was made to the south side of North Ward Elementary School in 1926. Designed by architects William B. Ittner and M. Leo Elliott, the addition was constructed by Marshall and Jackson of Lakeland at a cost of $6,900 (Thompson 1987:160). Unlike most of the new schools, which were designed in the popular Mediterranean Revival style, the new addition at North Ward complemented the design of the original building with brick construction topped by a hip roof. The L-shaped addition was designed to fit into the shape of the parcel and topography of the lot. New construction also occurred on the unplatted land immediately north of the school during the 1920s. North Fort Harrison Avenue, along the east side of the school property, was a major road connecting Clearwater with Dunedin to the north. Like many new residents, John H. and Sallie D. Trott relocated from North Carolina to Clearwater in 1920 moving into the house at 908 North Fort Harrison situated NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number 8 Page 4 Name of multiple listing (if applicable) north of the school at the corner of North Fort Harrison Avenue and Cedar Street. R.L. Polk’s City Directories indicate that he was the owner/operator of the Goodyear service station in downtown Clearwater. Between 1926 and 1931, the Trotts turned their house to face north, changing the address to 405 Cedar Street, and built two masonry commercial buildings on their land fronting on Fort Harrison Avenue. The southernmost structure operated as an automobile dealership for Hudson-Essex at 910 North Fort Harrison by 1931 and later as a Nash dealership by 1940. The building directly on the corner at 912 North Fort Harrison Avenue, was leased to Standard Oil Company in 1928 and occupied by Ralph’s Service Station in 1931 (Ancestry.com 2002, 2010, 2012; Polk 1920-21, 1926, 1931; PCCCC DB 587, Page 478; Tampa Times 28 October 1940). The school and its grounds served as a site for community events, celebrations, and meetings. Every spring beginning in the 1920s, the students celebrated an annual Maypole Festival by dancing around a Maypole in the playground. Parents and neighbors watched the ritual weaving of ribbons culminating in the crowing of a festival king and queen. Similarly, the Halloween carnival, which started in 1928, grew so popular that by the 1950s it was held at the local armory and open to the entire city. By 1948, the May Day celebration, Halloween Festival, and Christmas Party were noted as traditions in the school handbook. Student projects and school beautification were further promoted by local businesses and clubs such as the Garden Club, the Toastmasters Club, and the Capitol Theater. The school remained a community treasure supported by alumni, teachers, parents, local businesses, organizations, and the City throughout its years in operation. For example, a reunion in 1980 attended by approximately 500 former students and teachers raised $10,000 for the purchase of new playground equipment (Belcher 1948; Thompson 1987:159-63, 1990:2; Clearwater Sun 1 May 1930, 24 October 1930, 29 October 1930, 8 December 1930, 18 December 1930;). Early in the school’s history, parents and teachers organized to support the children. Concerned about the lack of sidewalks and paved roads with the rising number of pupils, the parents started a Parent Teachers Association (PTA) at North Ward Elementary in 1921 with 49 members. Throughout the years, the PTA played a critical role in the beautification of the school grounds, installing playground equipment, fencing, and safety signs, and equipping and operating a clinic and a cafeteria at North Ward. They also sponsored health days in conjunction with the annual May Day celebration, the annual Christmas party, Patriotism Days, and Daddies’ Night geared toward involving the fathers in the school. During the Great Depression, the PTA operated a thrift shop for needy families and sponsored a milk campaign to help undernourished pupils. During World War II, students installed a victory garden on the north side of the school and assisted with the sale of war bonds (Thompson 1987:159-60, 1990:5; Clearwater Sun 1 May 1930, 9 September 1930, and 15 February 1931). The continued growth of the school amid the post-World War II population boom led to the construction and acquisition of new school facilities. A cafeteria was built onto the west side of North Ward Elementary School in 1945, followed by a library and kitchen addition designed by architect Forest NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number 8 Page 5 Name of multiple listing (if applicable) Killey in 1951. Constructed at a cost of $8,600, the new kitchen also incorporated new equipment (Thompson 1987:162). In January 1956, the school board purchased the former car dealership at the northeast corner of the block, which previously had been converted to a restaurant, and renovated into four classrooms and a library with a restroom addition (Thompson 1987:162; Tampa Tribune 1956). In the mid-twentieth century, baby boomers flooded the City’s schools, and North Ward Elementary School was filled to overflowing. By 1958, enrollment reached a peak at North Ward when it totaled 600 pupils. An effort to address the growing number of children living in homes where both parents worked led to the creation of an after-school recreation program during the mid-1950s. By 1963, North Ward had 14 classrooms with 16 teachers and 406 students (Thompson 1987:162; St. Petersburg Times 3 June 1974). North Ward Elementary School opened during a time of racially segregated education and was initially reserved for white students only. Integrated in 1964-65, North Ward Elementary was one of the first schools in the county to do so.. Within a few years, African American enrollment reached 50 percent, but the courts mandated the percentage of African Americans to be 30 percent or less in 1971 prompting a decline in the Caucasian to African American ratio (St. Petersburg Times 3 June 1974). In 1994, the School Board purchased the Trott’s former house at 405 Cedar Street along with the adjacent lot. The filling station next door at the corner of Cedar Street and North Ft. Harrison Avenue (912 North Fort Harrison Avenue) remained in operation into the 1970s, but appears to have been demolished by the time the school board purchased the lot. Once cleared of buildings, this property was used to add parking and a playground at North Ward Elementary School. The dedication for the new metal playground pavilion and the concrete-block mechanical building was held in August 1996 (Clearwater Historical Society; NETR 1995, 1998; St. Petersburg Times 3 September 1971, 8 December 1994, and 25 August 1996). North Ward Elementary School was first threatened with closure in 1975, but parents, teachers, and students successfully campaigned to keep it open. Demolition threatened again in 1977, but the public outcry saved the school (St. Petersburg Times 8 February 1975, 27 November 1977). Finally, after periodic threats of closure and demolition, enrollment numbers dropped in the later decades of the twentieth century and into the early years of the current century. In 2009, the Pinellas County School Board closed this school, and in 2019, they sold the property to the City of Clearwater. It has remained vacant since its closure (St. Petersburg Times 25 August 2009; PCCCC OR Book 20665, Page 511). NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number 8 Page 6 Name of multiple listing (if applicable) HISTORIC SIGNIFICANCE Significant Events: Criterion A The North Ward Elementary School is significant at the local level as representative of the history and development of education in Clearwater and Pinellas County. The school contributed to the growth of the community and as a focal point for northward development. North Ward Elementary School was one of the first schools built by the Pinellas County Board of Public Instruction following the county’s creation. It served the neighborhoods north of downtown Clearwater for nearly 100 years, growing and adapting along with the city and was one of the first county schools to be racially integrated. The school has an important association with the City’s growth and development throughout the twentieth century and retains a strong link to the local community. ARCHITECTURAL CONTEXT Built in 1915, the North Ward Elementary School is representative of early-twentieth-century school design and modestly incorporates elements of the Prairie style with a foursquare design. Theories regarding education and the impact of school design on children gained momentum in the United States with the publication of schoolmaster William Alcott’s Essay on the Construction of Schoolhouses in 1832. Numerous builders incorporated many of his ideas so that his recommendations became the characteristic schoolhouse design by the mid-nineteenth century. Included in Alcott’s ideas was the concept of an interior arrangement of desks in rows, incorporating large windows above eye level to avoid distractions yet provide plenty of light, while providing space for storage and the display of paintings, prints, maps, etc. He suggested that the ideal classroom size be a rectangular 30 feet by 40 feet; for urban schools, this was simply expanded upon into rows or stacks. He also recommended allowing space around the school for recess and play (Gulliford 1984:167, 194-95). As a city grew, school boards frequently built neighborhood, or ward, schools to accommodate the expansion. Typically built for younger students, the neighborhood location of ward schools provided a shorter, and, thus, safer walk for small children. Ward schools relieved overcrowding of the central school, and were advertised as a desirable neighborhood feature. The facilities were regularly used by the community for political, social and recreational uses. The school was a community asset situated in a central neighborhood location (Lane et al. 2003:10). By the early 1900s, plan books for school design encouraged the use of hipped roofs, built-in bookcases, and windows grouped together to give the impression of one large window. The recommended designs were bearing “a striking resemblance to bungalow houses of the same period” (Gulliford 1984:194-95). The bungalow, Prairie, and Craftsman designs of the early twentieth century originated in California NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number 8 Page 7 Name of multiple listing (if applicable) with architects Charles Sumner Greene and Henry Mather Greene and in Chicago with architect Frank Lloyd Wright, but spread across the country through pattern books and popular magazines. Vernacular versions of the Prairie style utilizing a foursquare form adapted particularly well to school design. Characteristic elements of Prairie style included a low-pitched hipped roof with widely overhanging eaves, two-story construction with one-story porches or wings, and details emphasizing a horizontal design. The American Foursquare subtype featured a simple, square or rectangular plan topped by a hipped roof and a symmetrical façade with the entrance as the focal point. This was the earliest and most common vernacular form for the style. Many examples exhibited Mission or Italian Renaissance secondary details such as tiled roofs or brackets. When applied to school architecture, the style minimized applied ornamentation but incorporated brick bands along with the hipped roof to emphasize the horizontal lines of the building (Masengarb n.d.). ARCHITECTURAL SIGNIFICANCE Significant Architecture/Design/Construction: Criterion C Significant under Criterion C for its design and construction, North Ward Elementary School embodies the distinctive characteristics of an early-twentieth-century grammar school. The Prairie-influenced design of the original school is evident in the rectangular form topped by a low-pitched hipped roof with widely overhanging eaves, centrally located entrance, symmetry, and brick bands separating the floors. Notable elements of the school include the open rectangular classrooms arranged along a corridor, tall windows along the exterior walls providing ample natural light, and classrooms with a wall for the chalkboard with cupboards and shelves at one end of the room for storage. Although L-shaped, the 1926 addition carried on the stylistic details of the original building on both the interior and exterior. Incorporated into the overall plan are spaces like the auditorium, lunchroom, kitchen, boys and girls restrooms, the teacher’s lounge, and wide stairways. Outside are covered walkways between buildings, playgrounds, parking, and sidewalks. The masonry construction, high ceilings, plaster walls, primarily wood floors, wood trim, built-in cabinets, original interior doors with hardware and transoms, entrances elevated with steps, steam heat with radiators, and hipped roof are character-defining features. Later additions are characteristic of mid-twentieth-century schools, as separate one-story buildings connected by covered walkways with tile floors, stucco covered exterior walls with little ornamentation, and flat roofs. NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number 9 Page 1 Name of multiple listing (if applicable) BIBLIOGRAPHY Ancestry.com 2006 1910 United States Federal Census [database online]. Ancestry.com Operations, Inc., Lehi, Utah. 2002 1930 United States Federal Census [database online]. Ancestry.com Operations, Inc., Provo, Utah. 2010 1920 United States Federal Census [database online]. Ancestry.com Operations, Inc., Provo, Utah. 2012 1940 United States Federal Census [database online]. Ancestry.com Operations, Inc., Provo, Utah. Belcher, Francis and the Teachers of North Ward 1948 “Handbook, North Ward School, 1948-1949.” On file, Clearwater Historical Society. Clearwater Historical Society Var.yrs. Assorted Plans for North Ward Elementary School. Provided April 2021. 2019 “Clearwater Then & Now: North Ward School.” October 29. Available online, www.facebook.com. Clearwater News 1990 “North Ward’s Seventy-Fifth Anniversary Party Brings Out Many Old-Timers.” November 23. On file, Clearwater Historical Society. Clearwater Sun 1930 “Schools to Have Health Program.” May 1. North Ward PTA Publicity Record Book 1930-31. On file, Clearwater Historical Society. 1930 “Plans Adopted for P.T.A. Work.” September 9. 1930 “Night Carnival at North Ward.” October 24. 1930 “Schools Have Celebrations: Halloween Festivities Held at Carnival and Birthday Party.” October 29. 1930 “Daddies’ Night at North Ward School. December 7. 1930 “Annual Party at North Ward: ‘Santa Claus’ Will Visit Children at P.T.A. Entertainment.” December 18. 1931 A Letter from “Colonel Clearwater.” February 15. Clearwater Woman’s Club 1917 “A History of Clearwater Florida.” Available online, Clearwater Historical Society, https://www.clearwaterhistoricalsociety.org/history/documents/womens-club-history-of-clearwater-1917/. NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number 9 Page 2 Name of multiple listing (if applicable) Costrini, Patricia Perez 1987 “The Boom Years: 1920-1927.” In A Tradition of Excellence: Pinellas County Schools: 1912-1987, edited by Patricia Perez Costrini, pp. 21-22. School Board of Pinellas County, Clearwater, Florida. Dunn, Hampton 1973 Yesterday’s Clearwater. E.A. Seemann Publishing, Inc., Miami, Florida. Earley, Susan E. 1987 “Forerunners of the Pinellas County School District: 1850-1912” and “Origins of Excellence: 1912-1920.” FromIn A Tradition of Excellence: Pinellas County Schools: 1912-1987, edited by Patricia Perez Costrini, , pp. 12-20. School Board of Pinellas County, Clearwater, Florida. Gulliford, Andrew 1984 America’s Country Schools. The Preservation Press, Washington, D.C. Hawkins, Lowell, ed. 1962 “The Golden Anniversary of Pinellas Schools: Celebrating 50 Years.” Board of Public Instruction, Clearwater, Florida. Lane, Jonathan, Rita Walsh, Beatrice Bernier, Richard Perkins, Ahmed Kaddoum, and Roy Strickland 2003 “An Honor and an Ornament: Public School Buildings in Michigan.” Prepared by ICON Architecture, Inc. (Boston, Massachusetts) and the University of Michigan for the State Historic Preservation Office, Michigan Historical Center, Michigan Department of History, Arts and Libraries. Available online, https://www.michigan.gov/documents/hal_mhc_shpo_Hist_Schools_summmary_75269_7.pdf. Accessed May 2021. Masengarb, Jen n.d. “History Lesson: The Evolution of Chicago Public School Design.” Chicago Architecture Center. Available online, https://www.architecture.org/news/happening-caf/history-lesson-the-evolution-of-chicago-public-school-design/. Accessed May 2021. Meyer, Scarlett 1987 “South Ward Elementary.” In A Tradition of Excellence: Pinellas County Schools: 1912-1987, edited by Patricia Perez Costrini, pp. 242-44. School Board of Pinellas County, Clearwater, Florida. NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number 9 Page 3 Name of multiple listing (if applicable) Nationwide Environmental Title Research, LLC (NETR) Var. Aerials and U.S.G.S. Quadrangle Maps. Tempe, Arizona. Available online, http://www.historicaerials.com/. Accessed May 2021. Pinellas Board of Public Instruction 1992 Plot Plan. On file, City of Clearwater. Pinellas County Clerk of Circuit Court (PCCCC) Var.yrs. Official Records, Deed Books, and Plat Books. On file, Clearwater, Florida. Polk, R.L., ed. Var.yrs. Clearwater City Directory. 1920-21, 1926, 1931, 1937, 1955, 1956, 1958, 1960. R.L. Polk & Co., Jacksonville, Florida. Sanborn Map Company Var yrs. Sanborn Fire Insurance Maps. 1913, 1917, 1923, 1929. New York, New York. Available online, University of Florida Digital Collections, George A. Smathers Libraries, https://ufdc.ufl.edu/sanborn. Accessed May 2021. St. Petersburg Times 1915 “Bond Election is to be Held Today.” May 8. 1916 “Schools Rank Well in New Tardy Record.” November 7. 1948 “To School Maintenance Men.” August 1. 1971 “Grand Larceny Charged After Register Stolen.” September 3. 1974 “Retiring North Ward Principal Recalls Past.” June 3. 1975 “’Don’t Let Them Take Our School Away.’” February 8. 1977 “A Tale of Two Schools.” November 27. 1994 “Property Near North Ward Could Become Playground, Parking Site.” December 8. 1996 “Class Notes.” August 25. 2009 “In Empty Halls, Echo of Past.” August 25. Tampa Times 1940 “A New Kind of Car Enters the Low-Price Fields!” Nash Advertisement. October 28. Tampa Tribune 1915 “Pinellas Prepares to Construct Good Roads.” August 6. 1915 “School Bond Issue is Sold Above Par.” June 24. 1956 “‘Self Insurance’ Plans for Schools Sought by Pinellas.” January 12. NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number 9 Page 4 Name of multiple listing (if applicable) Thompson, Susan 1987 “North Ward Elementary, Clearwater.” In A Tradition of Excellence: Pinellas County Schools: 1912-1987, edited by Patricia Perez Costrini, pp. 159-63. School Board of Pinellas County, Clearwater, Florida. 1990 “North Ward Elementary School 75th Birthday Party Celebration Student Program.” On file, Pinellas County Heritage Village. U.S. Department of Agriculture (USDA) 1942 Image CYY-1C-16. Aerial Photography, 2 April 1942. Flown Digital Collections, University of Florida, George A. Smathers Libraries Available online, https://ufdc.ufl.edu/aerials/map. 1951 Image CYY-2H-43. Aerial Photography, Flown 22 November 1951. Digital Collections, University of Florida, George A. Smathers Libraries Available online, https://ufdc.ufl.edu/aerials/map. 1957 Image CYY-1T-71. Aerial Photography, Flown 21 March 1957. Digital Collections, University of Florida, George A. Smathers Libraries Available online, https://ufdc.ufl.edu/aerials/map. NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number 10 Page 1 Name of multiple listing (if applicable) Verbal Boundary Description The NRHP boundary includes all of the historic North Ward School as presently owned by the City of Clearwater. This boundary consists of Pinellas County tax parcel number 09-29-15-32184-001-0010, which is described as Lots 1-8 of Block 1 of J.A. Gorra’s Subdivision as shown in Plat Book 1, Page 44 of the official records of Pinellas County together with unplatted land adjacent on the north described as extending from the southeast corner of Osceola Avenue and Cedar Street thence east along the south line of Cedar Street 260 feet thence southerly along the west right-of-way of North Fort Harrison Avenue 100 feet thence west along the north line of Lots 1 and 8 of J.A. Gorra's subdivision 260 feet thence northerly along the east right-of-way of Osceola Ave 100 feet to the point of beginning. Boundary Justification The boundary was drawn to encompass all aspects that are known to be historically associated with the North Ward Elementary School and includes all of the buildings that remain associated with the school. NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number Add. Doc. Page 1 Name of multiple listing (if applicable) Additional Documentation (Figures, plans, historic photos) Historic Photograph 1 of 8. North Ward Elementary School, 1922 (Burgert Brothers Collection, Courtesy Tampa-Hillsborough County Public Library System). NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number Add. Doc. Page 2 Name of multiple listing (if applicable) Historic Photograph 2 of 8. Students in front of 1926 addition for an Operetta, March 17, 1941 (Courtesy Clearwater Historical Society). NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number Add. Doc. Page 3 Name of multiple listing (if applicable) Historic Photograph 3 of 8. A Maypole celebration at North Ward Elementary School in the 1950s (Courtesy Clearwater Historical Society). NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number Add. Doc. Page 4 Name of multiple listing (if applicable) Historic Photograph 4 of 8. J.A. Gorra’s Subdivision, plated November 1912 (PCCCC, PB 1, Page 44). NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number Add. Doc. Page 5 Name of multiple listing (if applicable) Historic Photograph 5 of 8. 1917 Sanborn Insurance Map of Clearwater showing the North Ward Elementary School (Courtesy University of Florida). NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number Add. Doc. Page 6 Name of multiple listing (if applicable) Historic Photograph 6 of 8. October 1929 Sanborn Insurance Map of Clearwater showing the expanded footprint of the North Ward Elementary School, the Trotts’ house at 405 Cedar Street, and the service station and filling station at the corner of North Fort Harrison Avenue and Cedar Street (Courtesy University of Florida). NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number Add. Doc. Page 7 Name of multiple listing (if applicable) Historic Photograph 7 of 8. Campus layout circa 1990; north is to the right (Courtesy Clearwater Historical Society). NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number Add. Doc. Page 8 Name of multiple listing (if applicable) Historic Photograph 8 of 8. 1984 Plans (room layout largely unchanged), (Courtesy Clearwater Historical Society). NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number Photos Page 1 Name of multiple listing (if applicable) Submit clear and descriptive photographs. The size of each image must be 1600x1200 pixels (minimum), 3000x2000 preferred, at 300 ppi (pixels per inch) or larger. Key all photographs to the sketch map. Each photograph must be numbered in the order they are referenced in the manuscript, and that number must correspond to the photograph number on the photo log. Description of photograph(s) and number, including description of view indicating direction of camera: 1. East Elevation, 1915 building and 1926 addition, looking southwest 2. East and North Elevations, 1915 building, looking southwest 3. East Elevation, 1926 addition, looking west 4. Primary Entrance on East Elevation, 1915 building, looking west 5. North and West Elevations, 1915 building, looking southeast 6. West Elevation, 1915 building, looking east 7. Secondary Entrance on South Elevation, 1926 addition, looking north 8. South and West Elevations, 1926 addition, looking northeast 9. South and West Elevations, 1945 and 1951 additions, looking northeast 10. North and East Elevations, ca. 1928 former car dealership building, looking southwest 11. South and East Elevations, Playground Pavilion and Mechanical Building, looking northwest 12. East Elevation, ca. 1965 domed building, looking west 13. Interior Stair, 1915 building, 1st floor, looking southwest 14. Interior Classroom Door and Hall, 1915 building, 1st floor, looking southeast 15. Interior Auditorium Stage, 1915 building, 2nd floor, looking east 16. Interior Built-in Cabinets and Closet in Classroom, 1926 addition, 2nd floor, looking south 17. Interior Classroom Door and Transom Windows, 1926 addition, 2nd floor, looking northeast Property Name: North Ward Elementary School City or Vicinity: Clearwater County: Pinellas State: FL Photographer: Kimberly Hinder and Lucy Jones Date Photographed: January 15, 2021 NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number Photos Page 2 Name of multiple listing (if applicable) Photograph 1 NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number Photos Page 3 Name of multiple listing (if applicable) Photograph 2 NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number Photos Page 4 Name of multiple listing (if applicable) Photograph 3 NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number Photos Page 5 Name of multiple listing (if applicable) Photograph 4 NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number Photos Page 6 Name of multiple listing (if applicable) Photograph 5 NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number Photos Page 7 Name of multiple listing (if applicable) Photograph 6 NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number Photos Page 8 Name of multiple listing (if applicable) Photograph 7 NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number Photos Page 9 Name of multiple listing (if applicable) Photograph 8 NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number Photos Page 10 Name of multiple listing (if applicable) Photograph 9 NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number Photos Page 11 Name of multiple listing (if applicable) Photograph 10 NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number Photos Page 12 Name of multiple listing (if applicable) Photograph 11 NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number Photos Page 13 Name of multiple listing (if applicable) Photograph 12 NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number Photos Page 14 Name of multiple listing (if applicable) Photograph 13 NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number Photos Page 15 Name of multiple listing (if applicable) Photograph 14 NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number Photos Page 16 Name of multiple listing (if applicable) Photograph 15 NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number Photos Page 17 Name of multiple listing (if applicable) Photograph 16 NPS Form 10-900-a OMB No. 1024-0018 United States Department of the Interior North Ward Elementary School National Park Service Name of Property National Register of Historic Places Pinellas County, Florida Continuation Sheet County and State Section number Photos Page 18 Name of multiple listing (if applicable) Photograph 17 1 2 3 4 5 6 78 9 10 11 12 3905 Crescent Park Drive, Riverview, FL 33578 USAPhone (+1) 813-664-4500 Fax (+1) 813-664-0440 www.cardno.com North Ward Elementary SchoolPinellas County, Florida NRHP BoundaryThis map and all data contained within aresupplied as is with no warranty. Cardno,Inc. expressly disclaims responsibility fordamages or liability from any claims thatmay arise out of the use or misuse of thismap. It is the sole responsibility of the userto determine if the data on this map meetsthe user’s needs. This map was not createdas survey data, nor should it be used assuch. It is the user’s responsibility to obtainproper survey data, prepared by a licensedsurveyor, where required by law.r Image: 2020 Sec 09 Twp 29 S Rng 15 E Data Source:ESRI, FMSF, PCPA 0 40 80 Feet 0 10 20Meters Legend NRHP boundary File Path: G:\NIDA-Project Thoroughbred\Cultural\GIS\arcmap\N_Ward_School_NRHP_photo.mxdDate Revised: 5/24/2021GIS Analyst: erin.mckendryDate Created: 5/24/2021 3905 Crescent Park Drive, Riverview, FL 33578 USAPhone (+1) 813-664-4500 Fax (+1) 813-664-0440 www.cardno.com North Ward Elementary SchoolPinellas County, Florida NRHP BoundaryThis map and all data contained within aresupplied as is with no warranty. Cardno,Inc. expressly disclaims responsibility fordamages or liability from any claims thatmay arise out of the use or misuse of thismap. It is the sole responsibility of the userto determine if the data on this map meetsthe user’s needs. This map was not createdas survey data, nor should it be used assuch. It is the user’s responsibility to obtainproper survey data, prepared by a licensedsurveyor, where required by law.r Image: 2020 Sec 09 Twp 29 S Rng 15 E Data Source:ESRI, FMSF, PCPA 0 1,300 2,600 Feet 0 460 920Meters Legend NRHP boundary File Path: G:\City of Clearwater\North Ward School\GIS\arcmap\N_Ward_School_NRHP_Topo.mxdDate Revised: 5/24/2021GIS Analyst: erin.mckendryDate Created: 5/24/2021 LOCATION MAP Owner(s): City of Clearwater Case: HIS2021-12003 Site: 900 N. Fort Harrison Avenue Property Size(Acres): 1.989 PIN: 09-29-15-32184-001-0010 Atlas Page: 277B ^ PROJECT SITE N MYRTLE AVE N GARDEN AVE JONES ST VINE AVE N OSCEOLA AVE SEMINOLE ST ELDRIDGE ST N FORT HARRISON AVE PENNSYLVANIA AVE HART ST MARSHALL ST CEDAR ST LA SALLE ST PALMETTO ST PLAZA ST SUNSET DR METTO ST SPRUCE AVE JURGENS ST NICHOLSON ST ROOSEVELT AVE MAPLE ST TAFT AVE GEORGIA ST HART ST -Not to Scale--Not a Survey-Rev. 12/9/2021 Clearwater Harbor AERIAL MAP Owner(s): City of Clearwater Case: HIS2021-12003 Site: 900 N. Fort Harrison Avenue Property Size(Acres): 1.989 PIN: 09-29-15-32184-001-0010 Atlas Page: 277B CEDAR ST CEDAR ST N GARDEN AVE N GARDEN AVE N OSCEOLA AVE N OSCEOLA AVE N FORT HARRISON AVE N FORT HARRISON AVE NICHOLSON ST NICHOLSON ST SPRING CT SPRING CT SEMINOLE ST SEMINOLE ST -Not to Scale--Not a Survey-Rev. 12/9/2021 ZONING MAP Owner(s): City of Clearwater Case: HIS2021-12003 Site: 900 N. Fort Harrison Avenue Property Size(Acres): 1.989 PIN: 09-29-15-32184-001-0010 Atlas Page: 277B 862 3048 09 90 0 92 0 802 8 0 5 898 860 8 7 5 9 0 4 8 0 7 9 13 9 0 6 8 1 1 8 0 9 9 0 1305310 5093033013091002 1004 10 02 1011 100 4 100 6 804 866 507310507806 302308804 803 864 4045088 52 90 5 807 912 803 805 9 00 81 1 60550960030230950440031131110081010 10 07 1000 1005 906 1/2 1007 1/2 N GARDEN AVE N OSCEOLA AVE N FORT HARRISON AVE NICHOLSON ST SEMINOLE ST D P C P LMDR -Not to Scale--Not a Survey-Rev. 12/9/2021 CEDAR ST View looking southwest of subject property 900 N Fort Harrison Ave 1926 addition facing east View looking southeast from side and rear of 1915 building View looking northeast from rear of 1926 addition View looking northeast from rear of 1945 and 1951 additions 1965 dome structure facing east HIS2021-12003City of Clearwater 900 N Fort Harrison Avenue Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9531-22 2nd rdg Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.9 SUBJECT/RECOMMENDATION: Adopt Ordinance 9531-22 on second reading, annexing certain real properties whose post office addresses are 1819 Diane Drive and 2704 South Drive, all in Clearwater, Florida 33759 into the corporate boundaries of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/31/2022 Ordinance No. 9531-22 ORDINANCE NO. 9531-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF SR 590, EAST OF US HIGHWAY 19, SOUTH OF SUNSET POINT ROAD, AND WEST OF EL TRINIDAD DRIVE EAST, WHOSE POST OFFICE ADDRESSES ARE 1819 DIANE DRIVE AND 2704 SOUTH DRIVE, ALL IN CLEARWATER, FLORIDA 33759 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real properties described herein and depicted on the map attached hereto as Exhibit “B” have petitioned the City of Clearwater to annex the properties into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described properties are hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit “A” for legal descriptions; (ANX2021-11016) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9531-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A LEGAL DESCRIPTION ANX2021-11016 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1.05-29-16-13554-010-0080 Lot 8, Block J 1819 Diane Drive The above in CARLTON TERRACE 1ST ADDITION, as recorded in PLAT BOOK 43, PAGE 39, of the Public Records of Pinellas County, Florida. No. Parcel ID Lot No., Block No. Address 2.05-29-16-25362-000-0160 Lot 16 2704, 2706, 2728, 2730, and 2732 South Drive The above in EHLE SUBDIVISION, as recorded in PLAT BOOK 28, PAGE 39, of the Public Records of Pinellas County, Florida. LESS The West 75 feet of Lot 16, EHLE SUBDIVISION, according to the map or plat thereof, recorded in Plat Book 28, page 39, of the Public Records of Pinellas County, Florida. AND LESS A part of Lot 16, EHLE’S SUBDIVISION, according to the plat thereof as recorded in Plat Book 28, page 39, of the Public Records of Pinellas County, Florida, more particularly described as follows: Beginning as the Northwest corner of the said Lot 16 run S89°41’19”E along the Northerly boundary of the said Lot 16 (sixteen) 451.11 feet for a Point of Beginning; thence continue along said boundary S89°41’19”E 49.00 feet to a point on the Northerly right of way line of County Road 50; thence S52°21’26”W along aforesaid Northerly right of way line 40.50 feet; thence N34°06’17”W 30.19 feet to the Point of Beginning. Exhibit “B” PROPOSED ANNEXATION Owner(s): Thai Linh Hoang & Thi Kim Dung Nguyen Thekkethala Family Living Trust Case: ANX2021-11016 Site: 1819 Diane Drive 2704 South Drive Property Size(Acres): 1.483 Land Use Zoning PIN: 05-29-16-13554-010-0080 05-29-16-25362-000-0160 From : Residential Low (RL) Residential Medium (RM) R-3 Single Family Residential R-4 One, Two & Three Family Residential Atlas Page: 264A To: Residential Low (RL) Residential Medium (RM) Low Medium Density Residential (LMDR) Medium Density Residential (MDR) 2660002.62 2.4 89.64 89.6422 274.36429.49 143.8639.57 1 8 25362 13554 21092 F K G H I J J 15 16 1 2 1 2 3 7 8 9 10 23 4 5 6 7 8 9 10 11 12 13 141516171819 1 2 3 4 5 6 710 11 12 13 14 15 16 1 2 3 4 5 6 7 10 11 12 13 14 15 16 17 1 2 3 4 5 6 7 811 12 13 14 15 16 17 18 19 1 2 345 12131415 16 2 3 4 5 6 8 5 DRAINAGE 31 5.756016.0416.04211 .66638.16 454.33 6 0.0 1 A 1 1 AC(C)269827711 8811842 27741830 27781855 1836 27751824 1 8 6 1 276318491880 1848 27671812 27621 8 54 1827 27701806 1809 27661818272926931845 184 22724 1813 27421818 2 7 5 1 271018252737184227411837 1831 1837 1824 27 3 8 1825 1836 1830 2 7 7 5 27141831 27351836 1813 182627231837 1818 1848 18312704 1807 2 7 4 5 27152709271718122700 18432711 1819 18342725182427181825 1807 2 7 5 3 18171819 2 7 4 3 1830 18082728180627341818 1813 185127192704 1819 18072730 1 8 3 18 18192691269527282 7 3 22706 DIANE DR SOUTH DR W O O D R IN G D R OWEN DR SKYLAND DR MARILYN DR DIANE TER -Not to Scale--Not a Survey-Rev. 11/10/2021 LOCATION MAP Owner(s): Thai Linh Hoang & Thi Kim Dung Nguyen Thekkethala Family Living Trust Case: ANX2021-11016 Site: 1819 Diane Drive 2704 South Drive Property Size(Acres): ROW (Acres): 1.483 Land Use Zoning PIN: 05-29-16-13554-010-0080 05-29-16-25362-000-0160 From : Residential Low (RL) Residential Medium (RM) R-3 Single Family Residential R-4 One, Two & Three Family Residential Atlas Page: 264A To: Residential Low (RL) Residential Medium (RM) Low Medium Density Residential (LMDR) Medium Density Residential (MDR) US Hwy 19 NSOUTH DR SUNSET POINT RD E US-19 FRONTAGE RDMORNINGSIDE DR WOODRING DR DIANE DR N TERRACE DR EVANS DR CARLTON DR OWEN DR SKYLAND DR AUDREY DR MARILYN DR LUCAS DR GROVE DR CARDINAL DR THOMAS DR DIANE TER N TERRACE DR HARBOR CIR WINWOOD DR AUDREY DR OWEN DR CARDINAL DR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 11/10/2021 PROJECT SITE ^ AERIAL PHOTOGRAPH Owner(s): Thai Linh Hoang & Thi Kim Dung Nguyen Thekkethala Family Living Trust Case: ANX2021-11016 Site: 1819 Diane Drive 2704 South Drive Property Size(Acres): ROW (Acres): 1.483 Land Use Zoning PIN: 05-29-16-13554-010-0080 05-29-16-25362-000-0160 From : Residential Low (RL) Residential Medium (RM) R-3 Single Family Residential R-4 One, Two & Three Family Residential Atlas Page: 264A To: Residential Low (RL) Residential Medium (RM) Low Medium Density Residential (LMDR) Medium Density Residential (MDR) 1807 DIANE DR DIANE DR SOUTH DR SOUTH DR W O O D R IN G D R W O O D R IN G D R OWEN DR OWEN DR SKYLAND DR SKYLAND DR MARILYN DR MARILYN DR DIANE TER DIANE TER -Not to Scale--Not a Survey-Rev. 11/10/2021 EXISTING SURROUNDING USES MAP Owner(s): Thai Linh Hoang & Thi Kim Dung Nguyen Thekkethala Family Living Trust Case: ANX2021-11016 Site: 1819 Diane Drive 2704 South Drive Property Size(Acres): ROW (Acres): 1.483 Land Use Zoning PIN: 05-29-16-13554-010-0080 05-29-16-25362-000-0160 From : Residential Low (RL) Residential Medium (RM) R-3 Single Family Residential R-4 One, Two & Three Family Residential Atlas Page: 264A To: Residential Low (RL) Residential Medium (RM) Low Medium Density Residential (LMDR) Medium Density Residential (MDR) 2660002.62 2.4 89.64 89.6422 274.36429.49 143.8639.57 1 8 25362 13554 21092 F K G H I J J 15 16 1 2 1 2 3 7 8 9 10 23 4 5 6 7 8 9 10 11 12 13 141516171819 1 2 3 4 5 6 710 11 12 13 14 15 16 1 2 3 4 5 6 7 10 11 12 13 14 15 16 17 1 2 3 4 5 6 7 811 12 13 14 15 16 17 18 19 1 2 345 12131415 16 2 3 4 5 6 8 5 DRAINAGE 31 5.756016.0416.04211 .66638.16 454.33 6 0.0 1 A 1 1 AC(C)269827711 8811842 27741830 27781855 1836 27751824 1 8 6 1 276318491880 1848 27671812 27621 8 54 1827 27701806 1809 27661818272926931845 184 22724 1813 27421818 2 7 5 1 271018252737184227411837 1831 1837 1824 27 3 8 1825 1836 1830 2 7 7 5 27141831 27351836 1813 182627231837 1818 1848 18312704 1807 2 7 4 5 27152709271718122700 18432711 1819 18342725182427181825 1807 2 7 5 3 18171819 2 7 4 3 1830 18082728180627341818 1813 185127192704 1819 18072730 1 8 3 18 18192691269527282 7 3 22706 DIANE DR SOUTH DR W O O D R IN G D R OWEN DR SKYLAND DR MARILYN DR DIANE TER -Not to Scale--Not a Survey-Rev. 11/10/2021 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential ANX2021-11016 Thai Linh Hoang & Thi Kim Dung Nguyen 1819 Diane Drive View looking east at subject property 1819 Diane Drive South of the subject property North of the subject property Across the street, to the west of the subject property View looking northerly along Diane Drive View looking southerly along Diane Drive ANX2021-11016 Thekkethala Family Living Trust 2704 South Drive View looking north at subject property 2704 South Drive West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along South Drive View looking westerly along South Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9532-22 2nd rdg Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.10 SUBJECT/RECOMMENDATION: Adopt Ordinance 9532-22 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 1819 Diane Drive and 2704 South Drive, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater as Residential Low (RL) and Residential Medium (RM). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/31/2022 Ordinance No. 9525-22 ORDINANCE NO. 9525-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES GENERALLY NORTH OF DREW STREET, EAST OF N BELCHER ROAD, SOUTH OF SHARKEY ROAD, AND WEST OF OLD COACHMAN ROAD, WHOSE POST OFFICE ADDRESSES ARE 2306 AND 2322 ANNA AVENUE, ALL IN CLEARWATER, FLORIDA 33765, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described properties located in Pinellas County, Florida, are hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9523-22. Property Zoning District Lots 31 and 34, ROLLING HEIGHTS, according to the map or plat thereof recorded in Plat Book 43, Page 1, Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2021-08014; ANX2022-01002) Ordinance No. 9525-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED ZONING MAP Owner(s): Guy P. Kunnen Paul L. Smith & Pamela J. Smith Family Trust Case: ANX2021-08014 ANX2022-01002 Site: 2322 Anna Avenue 2306 Anna Avenue Property Size(Acres): ROW (Acres): 0.458 Land Use Zoning PIN: 07-29-16-76446-000-0310 07-29-16-76446-000-0340 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 281A To: Residential Low (RL) Low Medium Density Residential (LMDR) ANNA AVE SHARKEY RD LORENA LN LAKE FOREST RDFOREST GLEN RDTERRACE DR N 614 603 615 410 711 309 510 601 500 647 632 406 400 615 631 616 647 313 506 317 602 600 710 646 648 23102311232823412322231622972311228023462310232823292286232922952340231723352335233423342341234022852294I LMDR 712 310 2347230223232306227923232316229023172322LMDR LMDR-Not to Scale--Not a Survey-Rev. 1/26/2022 LOCATION MAP Owner(s): Thai Linh Hoang & Thi Kim Dung Nguyen Thekkethala Family Living Trust Case: ANX2021-11016 Site: 1819 Diane Drive 2704 South Drive Property Size(Acres): ROW (Acres): 1.483 Land Use Zoning PIN: 05-29-16-13554-010-0080 05-29-16-25362-000-0160 From : Residential Low (RL) Residential Medium (RM) R-3 Single Family Residential R-4 One, Two & Three Family Residential Atlas Page: 264A To: Residential Low (RL) Residential Medium (RM) Low Medium Density Residential (LMDR) Medium Density Residential (MDR) US Hwy 19 NSOUTH DR SUNSET POINT RD E US-19 FRONTAGE RDMORNINGSIDE DR WOODRING DR DIANE DR N TERRACE DR EVANS DR CARLTON DR OWEN DR SKYLAND DR AUDREY DR MARILYN DR LUCAS DR GROVE DR CARDINAL DR THOMAS DR DIANE TER N TERRACE DR HARBOR CIR WINWOOD DR AUDREY DR OWEN DR CARDINAL DR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 11/10/2021 PROJECT SITE ^ AERIAL PHOTOGRAPH Owner(s): Thai Linh Hoang & Thi Kim Dung Nguyen Thekkethala Family Living Trust Case: ANX2021-11016 Site: 1819 Diane Drive 2704 South Drive Property Size(Acres): ROW (Acres): 1.483 Land Use Zoning PIN: 05-29-16-13554-010-0080 05-29-16-25362-000-0160 From : Residential Low (RL) Residential Medium (RM) R-3 Single Family Residential R-4 One, Two & Three Family Residential Atlas Page: 264A To: Residential Low (RL) Residential Medium (RM) Low Medium Density Residential (LMDR) Medium Density Residential (MDR) 1807 DIANE DR DIANE DR SOUTH DR SOUTH DR W O O D R IN G D R W O O D R IN G D R OWEN DR OWEN DR SKYLAND DR SKYLAND DR MARILYN DR MARILYN DR DIANE TER DIANE TER -Not to Scale--Not a Survey-Rev. 11/10/2021 EXISTING SURROUNDING USES MAP Owner(s): Thai Linh Hoang & Thi Kim Dung Nguyen Thekkethala Family Living Trust Case: ANX2021-11016 Site: 1819 Diane Drive 2704 South Drive Property Size(Acres): ROW (Acres): 1.483 Land Use Zoning PIN: 05-29-16-13554-010-0080 05-29-16-25362-000-0160 From : Residential Low (RL) Residential Medium (RM) R-3 Single Family Residential R-4 One, Two & Three Family Residential Atlas Page: 264A To: Residential Low (RL) Residential Medium (RM) Low Medium Density Residential (LMDR) Medium Density Residential (MDR) 2660002.62 2.4 89.64 89.6422 274.36429.49 143.8639.57 1 8 25362 13554 21092 F K G H I J J 15 16 1 2 1 2 3 7 8 9 10 23 4 5 6 7 8 9 10 11 12 13 141516171819 1 2 3 4 5 6 710 11 12 13 14 15 16 1 2 3 4 5 6 7 10 11 12 13 14 15 16 17 1 2 3 4 5 6 7 811 12 13 14 15 16 17 18 19 1 2 345 12131415 16 2 3 4 5 6 8 5 DRAINAGE 31 5.756016.0416.04211 .66638.16 454.33 6 0.0 1 A 1 1 AC(C)269827711 8811842 27741830 27781855 1836 27751824 1 8 6 1 276318491880 1848 27671812 27621 8 54 1827 27701806 1809 27661818272926931845 184 22724 1813 27421818 2 7 5 1 271018252737184227411837 1831 1837 1824 27 3 8 1825 1836 1830 2 7 7 5 27141831 27351836 1813 182627231837 1818 1848 18312704 1807 2 7 4 5 27152709271718122700 18432711 1819 18342725182427181825 1807 2 7 5 3 18171819 2 7 4 3 1830 18082728180627341818 1813 185127192704 1819 18072730 1 8 3 18 18192691269527282 7 3 22706 DIANE DR SOUTH DR W O O D R IN G D R OWEN DR SKYLAND DR MARILYN DR DIANE TER -Not to Scale--Not a Survey-Rev. 11/10/2021 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential ANX2021-11016 Thai Linh Hoang & Thi Kim Dung Nguyen 1819 Diane Drive View looking east at subject property 1819 Diane Drive South of the subject property North of the subject property Across the street, to the west of the subject property View looking northerly along Diane Drive View looking southerly along Diane Drive ANX2021-11016 Thekkethala Family Living Trust 2704 South Drive View looking north at subject property 2704 South Drive West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along South Drive View looking westerly along South Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9533-22 2nd rdg Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.11 SUBJECT/RECOMMENDATION: Adopt Ordinance 9533-22 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 1819 Diane Drive and 2704 South Drive, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR) and Medium Density Residential (MDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/31/2022 Ordinance No. 9533-22 ORDINANCE NO. 9533-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF SR 590, EAST OF US HIGHWAY 19, SOUTH OF SUNSET POINT ROAD, AND WEST OF EL TRINIDAD DRIVE EAST, WHOSE POST OFFICE ADDRESSES ARE 1819 DIANE DRIVE AND 2704 SOUTH DRIVE, ALL IN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR) AND MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described properties located in Pinellas County, Florida, are hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9531-22. Property Zoning District See attached Exhibit “A” for legal descriptions; Low Medium Density Residential (LMDR) and Medium Density Residential (MDR) (ANX2021-11016) Ordinance No. 9533-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A LEGAL DESCRIPTION ANX2021-11016 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1.05-29-16-13554-010-0080 Lot 8, Block J 1819 Diane Drive The above in CARLTON TERRACE 1ST ADDITION, as recorded in PLAT BOOK 43, PAGE 39, of the Public Records of Pinellas County, Florida. No. Parcel ID Lot No., Block No. Address 2.05-29-16-25362-000-0160 Lot 16 2704, 2706, 2728, 2730, and 2732 South Drive The above in EHLE SUBDIVISION, as recorded in PLAT BOOK 28, PAGE 39, of the Public Records of Pinellas County, Florida. LESS The West 75 feet of Lot 16, EHLE SUBDIVISION, according to the map or plat thereof, recorded in Plat Book 28, page 39, of the Public Records of Pinellas County, Florida. AND LESS A part of Lot 16, EHLE’S SUBDIVISION, according to the plat thereof as recorded in Plat Book 28, page 39, of the Public Records of Pinellas County, Florida, more particularly described as follows: Beginning as the Northwest corner of the said Lot 16 run S89°41’19”E along the Northerly boundary of the said Lot 16 (sixteen) 451.11 feet for a Point of Beginning; thence continue along said boundary S89°41’19”E 49.00 feet to a point on the Northerly right of way line of County Road 50; thence S52°21’26”W along aforesaid Northerly right of way line 40.50 feet; thence N34°06’17”W 30.19 feet to the Point of Beginning. Exhibit “B” 2660002.62 2.4 89.64 89.6422 274.36429.49 143.8639.57 1 8 25362 13554 21092 F K G H I J J 15 16 1 2 1 2 3 7 8 9 10 23 4 5 6 7 8 9 10 11 12 13 141516171819 1 2 3 4 5 6 710 11 12 13 14 15 16 1 2 3 4 5 6 7 10 11 12 13 14 15 16 17 1 2 3 4 5 6 7 811 12 13 14 15 16 17 18 19 1 2 345 12131415 16 2 3 4 5 6 8 5 DRAINAGE 31 5.756016.04 1 6.0 4211.66638.16 454.33 6 0.0 1 A 1 1 AC(C)269827711 8811842 27741830 27781855 1836 27751824 1 8 6 1 276318491880 1848 27671812 27621 8 54 1827 27701806 1809 27661818272926931845 1 8 4 22724 1813 2 7 4 2 1818 2 7 5 1 271018252737184227411837 1831 1837 1824 2 7 3 81825 1836 1830 2 7 7 5 27141831 27351836 1813 182627231837 1818 1848 18312704 1807 2 7 4 5 27152709271718122700 18432711 1819 18342725182427181825 1807 2 7 5 3 18171819 2 7 4 3 1830 18082728180627341818 1813 185127192704 1819 18072730 1 8 3 18 181926912695272827322706DIANE DR SOUTH DR W O O D R IN G D R OWEN DR SKYLAND DR MARILYN DR DIANE TER LMDR I MDR -Not to Scale--Not a Survey-Rev. 2/22/2022 PROPOSED ZONING MAP Owner(s): Lisa F. & John G. Russo Thekkethala Family Living Trust Case: ANX2021-11016 Site: 1819 Diane Drive 2704 South Drive Property Size(Acres): 1.483 Land Use Zoning PIN: 05-29-16-13554-010-0080 05-29-16-25362-000-0160 From : Residential Low (RL) Residential Medium (RM) R-3 Single Family Residential R-4 One, Two & Three Family Residential Atlas Page: 264A To: Residential Low (RL) Residential Medium (RM) Low Medium Density Residential (LMDR) Medium Density Residential (MDR) LOCATION MAP Owner(s): Thai Linh Hoang & Thi Kim Dung Nguyen Thekkethala Family Living Trust Case: ANX2021-11016 Site: 1819 Diane Drive 2704 South Drive Property Size(Acres): ROW (Acres): 1.483 Land Use Zoning PIN: 05-29-16-13554-010-0080 05-29-16-25362-000-0160 From : Residential Low (RL) Residential Medium (RM) R-3 Single Family Residential R-4 One, Two & Three Family Residential Atlas Page: 264A To: Residential Low (RL) Residential Medium (RM) Low Medium Density Residential (LMDR) Medium Density Residential (MDR) US Hwy 19 NSOUTH DR SUNSET POINT RD E US-19 FRONTAGE RDMORNINGSIDE DR WOODRING DR DIANE DR N TERRACE DR EVANS DR CARLTON DR OWEN DR SKYLAND DR AUDREY DR MARILYN DR LUCAS DR GROVE DR CARDINAL DR THOMAS DR DIANE TER N TERRACE DR HARBOR CIR WINWOOD DR AUDREY DR OWEN DR CARDINAL DR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 11/10/2021 PROJECT SITE ^ AERIAL PHOTOGRAPH Owner(s): Thai Linh Hoang & Thi Kim Dung Nguyen Thekkethala Family Living Trust Case: ANX2021-11016 Site: 1819 Diane Drive 2704 South Drive Property Size(Acres): ROW (Acres): 1.483 Land Use Zoning PIN: 05-29-16-13554-010-0080 05-29-16-25362-000-0160 From : Residential Low (RL) Residential Medium (RM) R-3 Single Family Residential R-4 One, Two & Three Family Residential Atlas Page: 264A To: Residential Low (RL) Residential Medium (RM) Low Medium Density Residential (LMDR) Medium Density Residential (MDR) 1807 DIANE DR DIANE DR SOUTH DR SOUTH DR W O O D R IN G D R W O O D R IN G D R OWEN DR OWEN DR SKYLAND DR SKYLAND DR MARILYN DR MARILYN DR DIANE TER DIANE TER -Not to Scale--Not a Survey-Rev. 11/10/2021 EXISTING SURROUNDING USES MAP Owner(s): Thai Linh Hoang & Thi Kim Dung Nguyen Thekkethala Family Living Trust Case: ANX2021-11016 Site: 1819 Diane Drive 2704 South Drive Property Size(Acres): ROW (Acres): 1.483 Land Use Zoning PIN: 05-29-16-13554-010-0080 05-29-16-25362-000-0160 From : Residential Low (RL) Residential Medium (RM) R-3 Single Family Residential R-4 One, Two & Three Family Residential Atlas Page: 264A To: Residential Low (RL) Residential Medium (RM) Low Medium Density Residential (LMDR) Medium Density Residential (MDR) 2660002.62 2.4 89.64 89.6422 274.36429.49 143.8639.57 1 8 25362 13554 21092 F K G H I J J 15 16 1 2 1 2 3 7 8 9 10 23 4 5 6 7 8 9 10 11 12 13 141516171819 1 2 3 4 5 6 710 11 12 13 14 15 16 1 2 3 4 5 6 7 10 11 12 13 14 15 16 17 1 2 3 4 5 6 7 811 12 13 14 15 16 17 18 19 1 2 345 12131415 16 2 3 4 5 6 8 5 DRAINAGE 31 5.756016.0416.04211 .66638.16 454.33 6 0.0 1 A 1 1 AC(C)269827711 8811842 27741830 27781855 1836 27751824 1 8 6 1 276318491880 1848 27671812 27621 8 54 1827 27701806 1809 27661818272926931845 184 22724 1813 27421818 2 7 5 1 271018252737184227411837 1831 1837 1824 27 3 8 1825 1836 1830 2 7 7 5 27141831 27351836 1813 182627231837 1818 1848 18312704 1807 2 7 4 5 27152709271718122700 18432711 1819 18342725182427181825 1807 2 7 5 3 18171819 2 7 4 3 1830 18082728180627341818 1813 185127192704 1819 18072730 1 8 3 18 18192691269527282 7 3 22706 DIANE DR SOUTH DR W O O D R IN G D R OWEN DR SKYLAND DR MARILYN DR DIANE TER -Not to Scale--Not a Survey-Rev. 11/10/2021 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential ANX2021-11016 Thai Linh Hoang & Thi Kim Dung Nguyen 1819 Diane Drive View looking east at subject property 1819 Diane Drive South of the subject property North of the subject property Across the street, to the west of the subject property View looking northerly along Diane Drive View looking southerly along Diane Drive ANX2021-11016 Thekkethala Family Living Trust 2704 South Drive View looking north at subject property 2704 South Drive West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along South Drive View looking westerly along South Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9534-22 2nd rdg Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.12 SUBJECT/RECOMMENDATION: Adopt Ordinance 9534-22 on second reading, annexing certain real property whose post office address is 1944 Calumet Street, Suite B, Clearwater, Florida 33765, together with certain right-of-way of Calumet Street into the corporate boundaries of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/31/2022 Ordinance No. 9534-22 ORDINANCE NO. 9534-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF CALUMET STREET APPROXIMATELY 545 FEET WEST OF NORTH HERCULES AVENUE, WHOSE POST OFFICE ADDRESS IS 1944 CALUMET STREET, SUITE B, CLEARWATER, FLORIDA 33765; TOGETHER WITH CERTAIN RIGHT-OF- WAY OF CALUMET STREET INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit “B” has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit “A” for legal description; (ANX2021-11017) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9534-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2021-11017 ========================================================================================= FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 1, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA. RUN SOUTH 0 DEG. 17'48" EAST ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 1, (CIL COUNTY ROAD 34-HERCULES AVENUE), 140.03 FEET, THENCE RUN NORTH 89 DEG. 14'24" WEST, PARALLEL TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 1, 470.45 FEET FOR A POINT OF BEGINNING, THENCE CONTINUE NORTH 89 DEG. 14'24" WEST 250.0 FEET, THENCE NORTH 0 DEG 45'36" EAST 140.00 FEET; RUN THENCE SOUTH 89 DEG 14'24" EAST ALONG THE 40 ACRE LINE, 250.00 FEET RUN THENCE SOUTH 0 DEG. 45'36" WEST 140.00 FEET TO THE P.O.B. SAID PROPERTY BEING SITUATED IN PINELLAS COUNTY, FLORIDA. TOGETHER WITH: ALL UNINCORPORATED RIGHT-OF-WAY (BEING 490 LF, MORE OR LESS) OF CALUMET STREET, LYING WEST OF HERCULES AVENUE. Exhibit “B” PROPOSED ANNEXATION Owner(s): VE Management LLC Case: ANX2021-11017 Site: 1944 Calumet Street, Suite B Property Size(Acres): ROW (Acres): 0.806 0.679 Land Use Zoning PIN: 01-29-15-00000-340-1000 From : Industrial General (IG) I – Heavy Industry Atlas Page: 262A To: Industrial General (IG) Industrial, Research & Technology (IRT) 15 16 7 8 20 34/010 34/0534/0634/1034/124/13 34/15 34/11 34/09 34/08 34/07 34/04 34/02 34/03 34/30 34/31 34/33 43/01 11.10 20.34 43/011 34/36 2.65 34/351 1.26 135 250 150 172.41 95.44175 200 178 130 80 70 80 150 230 395 161 395 358.76 165292.98 225 511.5140140140.02140.02150150210210100.54657103.5100.0346.5108.394649.8400135 250 150 178 130 80 70 80 150 57 2303 225100 10090 21.82261.75234.88107 425295100 134.44147.04395 AC(C) AC(C) 1 11 AC(C) AC(C)N HERCULES AVE CALUMET ST SUNNYDALE BLVD CALUMET ST 1801 1715 18311810 1771 1850 1710 1841 1937197519652035200020052009202119502040192019071916 1949194519801770 1780 1784 1750 1798 1788 1790 178619441955 -Not to Scale--Not a Survey-Rev. 11/10/2021 LOCATION MAP Owner(s): VE Management LLC Case: ANX2021-11017 Site: 1944 Calumet Street, Suite B Property Size(Acres): ROW (Acres): 0.806 0.679 Land Use Zoning PIN: 01-29-15-00000-340-1000 From : Industrial General (IG) I – Heavy Industry Atlas Page: 262A To: Industrial General (IG) Industrial, Research & Technology (IRT) SUNSET POINT RD N HERCULES AVE CALUMET ST SUNSHINE DR SUNNYDALE BLVD SUNSET GROVE LN BRAXTON BRAGG LN CALUMET ST ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 11/10/2021 C.S.X. Railroad AERIAL PHOTOGRAPH Owner(s): VE Management LLC Case: ANX2021-11017 Site: 1944 Calumet Street, Suite B Property Size(Acres): ROW (Acres): 0.806 0.679 Land Use Zoning PIN: 01-29-15-00000-340-1000 From : Industrial General (IG) I – Heavy Industry Atlas Page: 262A To: Industrial General (IG) Industrial, Research & Technology (IRT) N HERCULES AVE N HERCULES AVE CALUMET ST CALUMET ST SUNNYDALE BLVD SUNNYDALE BLVD CALUMET ST CALUMET ST -Not to Scale--Not a Survey-Rev. 11/10/2021 EXISTING SURROUNDING USES MAP Owner(s): VE Management LLC Case: ANX2021-11017 Site: 1944 Calumet Street, Suite B Property Size(Acres): ROW (Acres): 0.806 0.679 Land Use Zoning PIN: 01-29-15-00000-340-1000 From : Industrial General (IG) I – Heavy Industry Atlas Page: 262A To: Industrial General (IG) Industrial, Research & Technology (IRT) 15 16 7 8 20 34/010 34/0534/0634/1034/124/13 34/15 34/11 34/09 34/08 34/07 34/04 34/02 34/03 34/30 34/31 34/33 43/01 11.10 20.34 43/011 34/36 2.65 34/351 1.26 135 250 150 172.41 95.44175 200 178 130 80 70 80 150 230 395 161 395 358.76 165292.98 225 511.5140140140.02140.02150150210210100.54657103.5100.0346.5108.394649.8400135 250 150 178 130 80 70 80 150 57 2303 225100 10090 21.82261.75234.88107 425295100 134.44147.04395 AC(C) AC(C) 1 11 AC(C) AC(C)N HERCULES AVE CALUMET ST SUNNYDALE BLVD CALUMET ST 1801 1715 18311810 1771 1850 1710 1841 1937197519652035200020052009202119502040192019071916 1949194519801770 1780 1784 1750 1798 1788 1790 178619441955 -Not to Scale--Not a Survey-Rev. 11/10/2021 Stormwater Pond Self-Storage Industrial & Manufacturing Wholesale Automobile Services Storage ANX2021-11017 VE Management, LLC 1944 Calumet Street, Suite B View looking north at subject property 1944 Calumet Street, Suite B West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Calumet Street View looking westerly along Calumet Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9535-22 2nd rdg Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.13 SUBJECT/RECOMMENDATION: Adopt Ordinance 9535-22 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1944 Calumet Street, Suite B, Clearwater, Florida 33765, upon annexation into the City of Clearwater as Industrial General (IG). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/31/2022 Ordinance No. 9535-22 ORDINANCE NO. 9535-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF CALUMET STREET APPROXIMATELY 545 FEET WEST OF NORTH HERCULES AVENUE, WHOSE POST OFFICE ADDRESS IS 1944 CALUMET STREET, SUITE B, CLEARWATER, FLORIDA 33765, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INDUSTRIAL GENERAL (IG); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit “A” for legal description; Industrial General (IG) (ANX2021-11017) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9534-22. Ordinance No. 9535-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2021-11017 ========================================================================================= FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 1, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA. RUN SOUTH 0 DEG. 17'48" EAST ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 1, (CIL COUNTY ROAD 34-HERCULES AVENUE), 140.03 FEET, THENCE RUN NORTH 89 DEG. 14'24" WEST, PARALLEL TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 1, 470.45 FEET FOR A POINT OF BEGINNING, THENCE CONTINUE NORTH 89 DEG. 14'24" WEST 250.0 FEET, THENCE NORTH 0 DEG 45'36" EAST 140.00 FEET; RUN THENCE SOUTH 89 DEG 14'24" EAST ALONG THE 40 ACRE LINE, 250.00 FEET RUN THENCE SOUTH 0 DEG. 45'36" WEST 140.00 FEET TO THE P.O.B. SAID PROPERTY BEING SITUATED IN PINELLAS COUNTY, FLORIDA. Exhibit “B” PROPOSED FUTURE LAND USE MAP Owner(s): VE Management LLC Case: ANX2021-11017 Site: 1944 Calumet Street, Suite B Property Size(Acres): ROW (Acres): 0.806 Land Use Zoning PIN: 01-29-15-00000-340-1000 From : Industrial General (IG) I – Heavy Industry Atlas Page: 262A To: Industrial General (IG) Industrial, Research & Technology (IRT) 15 16 7 8 20 34/010 34/0534/0634/1034/124/13 34/15 34/11 34/09 34/08 34/07 34/04 34/02 34/03 34/30 34/31 34/33 43/01 11.10 20.34 43/011 34/36 2.65 34/351 1.26 135 250 150 172.41 95.44175 200 178 130 80 70 80 150 230 395 161 395 358.76 165292.98 225 511.5140140140.02140.02150150210210100.54657103.5100.0346.5108.394649.8400135 250 150 178 130 80 70 80 150 57 2303 225100 10090 21.82261.75234.88107 425295100 134.44147.04395 AC(C) AC(C) 1 11 AC(C) AC(C) IG IL P IL IL IL IG ILCG IL CG PP CG WATER WATER WATER N HERCULES AVE CALUMET ST SUNNYDALE BLVD CALUMET ST 20211715 1841 1907 20401801 1850 20091949200019202005194518311810 19501710 1771 203519751937196519551944191619801750 1770 1786 1784 1790 1788 1798 1780 -Not to Scale--Not a Survey-Rev. 2/11/2022 LOCATION MAP Owner(s): VE Management LLC Case: ANX2021-11017 Site: 1944 Calumet Street, Suite B Property Size(Acres): ROW (Acres): 0.806 0.679 Land Use Zoning PIN: 01-29-15-00000-340-1000 From : Industrial General (IG) I – Heavy Industry Atlas Page: 262A To: Industrial General (IG) Industrial, Research & Technology (IRT) SUNSET POINT RD N HERCULES AVE CALUMET ST SUNSHINE DR SUNNYDALE BLVD SUNSET GROVE LN BRAXTON BRAGG LN CALUMET ST ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 11/10/2021 C.S.X. Railroad AERIAL PHOTOGRAPH Owner(s): VE Management LLC Case: ANX2021-11017 Site: 1944 Calumet Street, Suite B Property Size(Acres): ROW (Acres): 0.806 0.679 Land Use Zoning PIN: 01-29-15-00000-340-1000 From : Industrial General (IG) I – Heavy Industry Atlas Page: 262A To: Industrial General (IG) Industrial, Research & Technology (IRT) N HERCULES AVE N HERCULES AVE CALUMET ST CALUMET ST SUNNYDALE BLVD SUNNYDALE BLVD CALUMET ST CALUMET ST -Not to Scale--Not a Survey-Rev. 11/10/2021 EXISTING SURROUNDING USES MAP Owner(s): VE Management LLC Case: ANX2021-11017 Site: 1944 Calumet Street, Suite B Property Size(Acres): ROW (Acres): 0.806 0.679 Land Use Zoning PIN: 01-29-15-00000-340-1000 From : Industrial General (IG) I – Heavy Industry Atlas Page: 262A To: Industrial General (IG) Industrial, Research & Technology (IRT) 15 16 7 8 20 34/010 34/0534/0634/1034/124/13 34/15 34/11 34/09 34/08 34/07 34/04 34/02 34/03 34/30 34/31 34/33 43/01 11.10 20.34 43/011 34/36 2.65 34/351 1.26 135 250 150 172.41 95.44175 200 178 130 80 70 80 150 230 395 161 395 358.76 165292.98 225 511.5140140140.02140.02150150210210100.54657103.5100.0346.5108.394649.8400135 250 150 178 130 80 70 80 150 57 2303 225100 10090 21.82261.75234.88107 425295100 134.44147.04395 AC(C) AC(C) 1 11 AC(C) AC(C)N HERCULES AVE CALUMET ST SUNNYDALE BLVD CALUMET ST 1801 1715 18311810 1771 1850 1710 1841 1937197519652035200020052009202119502040192019071916 1949194519801770 1780 1784 1750 1798 1788 1790 178619441955 -Not to Scale--Not a Survey-Rev. 11/10/2021 Stormwater Pond Self-Storage Industrial & Manufacturing Wholesale Automobile Services Storage ANX2021-11017 VE Management, LLC 1944 Calumet Street, Suite B View looking north at subject property 1944 Calumet Street, Suite B West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Calumet Street View looking westerly along Calumet Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9536-22 2nd rdg Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.14 SUBJECT/RECOMMENDATION: Adopt Ordinance 9536-22 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1944 Calumet Street, Suite B, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Industrial, Research and Technology (IRT). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/31/2022 Ordinance No. 9536-22 ORDINANCE NO. 9536-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF CALUMET STREET APPROXIMATELY 545 FEET WEST OF NORTH HERCULES AVENUE, WHOSE POST OFFICE ADDRESS IS 1944 CALUMET STREET, SUITE B, CLEARWATER, FLORIDA 33764, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INDUSTRIAL, RESEARCH & TECHNOLOGY (IRT); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9534-22. Property Zoning District See attached Exhibit “A” for legal description; Industrial, Research & Technology (IRT) (ANX2021-11017) Ordinance No. 9536-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2021-11017 ========================================================================================= FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 1, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA. RUN SOUTH 0 DEG. 17'48" EAST ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 1, (CIL COUNTY ROAD 34-HERCULES AVENUE), 140.03 FEET, THENCE RUN NORTH 89 DEG. 14'24" WEST, PARALLEL TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 1, 470.45 FEET FOR A POINT OF BEGINNING, THENCE CONTINUE NORTH 89 DEG. 14'24" WEST 250.0 FEET, THENCE NORTH 0 DEG 45'36" EAST 140.00 FEET; RUN THENCE SOUTH 89 DEG 14'24" EAST ALONG THE 40 ACRE LINE, 250.00 FEET RUN THENCE SOUTH 0 DEG. 45'36" WEST 140.00 FEET TO THE P.O.B. SAID PROPERTY BEING SITUATED IN PINELLAS COUNTY, FLORIDA. Exhibit “B” PROPOSED ZONING MAP Owner(s): VE Management LLC Case: ANX2021-11017 Site: 1944 Calumet Street, Suite B Property Size(Acres): ROW (Acres): 0.806 Land Use Zoning PIN:01-29-15-00000-340-1000 From : Industrial General (IG) I – Heavy Industry Atlas Page: 262A To: Industrial General (IG) Industrial, Research & Technology (IRT) 15 16 7 8 20 34/010 34/0534/0634/1034/124/13 34/15 34/11 34/09 34/08 34/07 34/04 34/02 34/03 34/30 34/31 34/33 43/01 11.10 20.34 43/011 34/36 2.65 34/351 1.26 135 250 150 172.41 95.44175 200 178 130 80 70 80 150 230 395 161 395 358.76 165292.98 225 511.5140140140.02140.02150150210210100.54657103.5100.0346.5108.394649.8400135 250 150 178 130 80 70 80 150 57 2303 225100 10090 21.82261.75234.88107 425295100 134.44147.04395 AC(C) AC(C) 1 11 AC(C) AC(C)N HERCULES AVE CALUMET ST SUNNYDALE BLVD CALUMET ST IRT 20211715 1841 1907 20401801 1850 2009191619492000192020051945198018311810 19501710 1771 2035197519371965195519441750 1770 1786 1784 1790 1788 1798 1780 -Not to Scale--Not a Survey-Rev. 2/11/2022 LOCATION MAP Owner(s): VE Management LLC Case: ANX2021-11017 Site: 1944 Calumet Street, Suite B Property Size(Acres): ROW (Acres): 0.806 0.679 Land Use Zoning PIN: 01-29-15-00000-340-1000 From : Industrial General (IG) I – Heavy Industry Atlas Page: 262A To: Industrial General (IG) Industrial, Research & Technology (IRT) SUNSET POINT RD N HERCULES AVE CALUMET ST SUNSHINE DR SUNNYDALE BLVD SUNSET GROVE LN BRAXTON BRAGG LN CALUMET ST ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 11/10/2021 C.S.X. Railroad AERIAL PHOTOGRAPH Owner(s): VE Management LLC Case: ANX2021-11017 Site: 1944 Calumet Street, Suite B Property Size(Acres): ROW (Acres): 0.806 0.679 Land Use Zoning PIN: 01-29-15-00000-340-1000 From : Industrial General (IG) I – Heavy Industry Atlas Page: 262A To: Industrial General (IG) Industrial, Research & Technology (IRT) N HERCULES AVE N HERCULES AVE CALUMET ST CALUMET ST SUNNYDALE BLVD SUNNYDALE BLVD CALUMET ST CALUMET ST -Not to Scale--Not a Survey-Rev. 11/10/2021 EXISTING SURROUNDING USES MAP Owner(s): VE Management LLC Case: ANX2021-11017 Site: 1944 Calumet Street, Suite B Property Size(Acres): ROW (Acres): 0.806 0.679 Land Use Zoning PIN: 01-29-15-00000-340-1000 From : Industrial General (IG) I – Heavy Industry Atlas Page: 262A To: Industrial General (IG) Industrial, Research & Technology (IRT) 15 16 7 8 20 34/010 34/0534/0634/1034/124/13 34/15 34/11 34/09 34/08 34/07 34/04 34/02 34/03 34/30 34/31 34/33 43/01 11.10 20.34 43/011 34/36 2.65 34/351 1.26 135 250 150 172.41 95.44175 200 178 130 80 70 80 150 230 395 161 395 358.76 165292.98 225 511.5140140140.02140.02150150210210100.54657103.5100.0346.5108.394649.8400135 250 150 178 130 80 70 80 150 57 2303 225100 10090 21.82261.75234.88107 425295100 134.44147.04395 AC(C) AC(C) 1 11 AC(C) AC(C)N HERCULES AVE CALUMET ST SUNNYDALE BLVD CALUMET ST 1801 1715 18311810 1771 1850 1710 1841 1937197519652035200020052009202119502040192019071916 1949194519801770 1780 1784 1750 1798 1788 1790 178619441955 -Not to Scale--Not a Survey-Rev. 11/10/2021 Stormwater Pond Self-Storage Industrial & Manufacturing Wholesale Automobile Services Storage ANX2021-11017 VE Management, LLC 1944 Calumet Street, Suite B View looking north at subject property 1944 Calumet Street, Suite B West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Calumet Street View looking westerly along Calumet Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9537-22 2nd rdg Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.15 SUBJECT/RECOMMENDATION: Adopt Ordinance 9537-22 on second reading, annexing certain real property whose post office address is 2635 Woodring Drive, Clearwater, Florida 33759 into the corporate boundaries of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/31/2022 Ordinance No. 9537-22 ORDINANCE NO. 9537-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF WOODRING AND CARLTON DRIVES, WHOSE POST OFFICE ADDRESS IS 2635 WOODRING DRIVE, CLEARWATER, FLORIDA 33759 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit “A” has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 1, Block “C”, Carlton Terrace, according to the map or plat thereof as recorded in Plat Book 41, Page 16, of the Public Records of Pinellas County, Florida; (ANX2021-11018) The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9537-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED ANNEXATION Owner(s): Elizabeth Bautista Case: ANX2021-11018 Site: 2635 Woodring Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN: 05-29-16-13536-003-0010 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) 26500013536 B C D E 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 123 4 5 6 7 8 910111213141516 1 2 3 4 5 6 7 10 11 12 13 14 15 16 1 2 3 4 5 6 7 10 11 12 13 14 15 16 1 2 3 4 5 6 7 32/01 1.04 3.28 32/02 32/021 254 62.01110270 17030 474.82480.59300 300 30 1701 111 AC(C) AC(C) SOUTH DR CARLTON DR AUDREY DR WOODRING DR CARDINAL DR 1836 1819 1830 2624265418312636 26661865 26601843 1860 1825 264126421842 263426451818 1854 2647267526481848 18362612 26521813 1824 26641815 26651866 1837 267226651837 26711831261823837 23611 1831 1812 1825 1821 1813 1812 1825 1806 1824 1806 1836 1807 265926531807 1830 1837 1818 26461806 267426351812 1830 1819 1807 1818 1824 26752640265826342670-Not to Scale--Not a Survey-Rev. 11/12/2021 LOCATION MAP Owner(s): Elizabeth Bautista Case: ANX2021-11018 Site: 2635 Woodring Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN: 05-29-16-13536-003-0010 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) US Hwy 19 NSOUTH DR SUNSET POINT RD E US-19 FRONTAGE RDW US-19 FRONTAGE RDWOODRING DR MORNINGSIDE DR CARLTON DR OWEN DR AUDREY DR MARILYN DR CARDINAL DR HARBOR CIR EVANS DR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 11/12/2021 AERIAL PHOTOGRAPH Owner(s): Elizabeth Bautista Case: ANX2021-11018 Site: 2635 Woodring Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN: 05-29-16-13536-003-0010 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) SOUTH DR SOUTH DR CARLTON DR CARLTON DR AUDREY DR AUDREY DR WOODRING DR WOODRING DR CARDINAL DR CARDINAL DR -Not to Scale--Not a Survey-Rev. 11/12/2021 EXISTING SURROUNDING USES MAP Owner(s): Elizabeth Bautista Case: ANX2021-11018 Site: 2635 Woodring Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN: 05-29-16-13536-003-0010 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) 26500013536 B C D E 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 123 4 5 6 7 8 910111213141516 1 2 3 4 5 6 7 10 11 12 13 14 15 16 1 2 3 4 5 6 7 10 11 12 13 14 15 16 1 2 3 4 5 6 7 32/01 1.04 3.28 32/02 32/021 254 62.01110270 17030 474.82480.59300 300 30 1701 111 AC(C) AC(C) SOUTH DR CARLTON DR AUDREY DR WOODRING DR CARDINAL DR 1836 1819 1830 2624265418312636 26661865 26601843 1860 1825 264126421842 263426451818 1854 2647267526481848 18362612 26521813 1824 26641815 26651866 1837 267226651837 26711831261823837 23611 1831 1812 1825 1821 1813 1812 1825 1806 1824 1806 1836 1807 265926531807 1830 1837 1818 26461806 267426351812 1830 1819 1807 1818 1824 26752640265826342670-Not to Scale--Not a Survey-Rev. 11/12/2021 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Vacant ANX2021-11018 Elizabeth Bautista 2635 Woodring Drive View looking south at subject property 2635 Woodring Drive East of the subject property Across the street, to the north of the subject property View looking easterly along Woodring Drive View looking westerly along Woodring Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9538-22 2nd rdg Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.16 SUBJECT/RECOMMENDATION: Adopt Ordinance 9538-22 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2635 Woodring Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater as Residential Low (RL). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/31/2022 Ordinance No. 9538-22 ORDINANCE NO. 9538-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF WOODRING AND CARLTON DRIVES, WHOSE POST OFFICE ADDRESS IS 2635 WOODRING DRIVE, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 1, Block “C”, Carlton Terrace, according to the map or plat thereof as recorded in Plat Book 41, Page 16, of the Public Records of Pinellas County, Florida; Residential Low (RL) (ANX2021-11018) The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9537-22. Ordinance No. 9538-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED FUTURE LAND USE MAP Owner(s): Elizabeth Bautista Case: ANX2021-11018 Site: 2635 Woodring Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN: 05-29-16-13536-003-0010 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) 26500013536 B C D E 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 123 4 5 6 7 8 910111213141516 1 2 3 4 5 6 7 10 11 12 13 14 15 16 1 2 3 4 5 6 7 10 11 12 13 14 15 16 1 2 3 4 5 6 7 32/01 1.04 3.28 32/02 32/021 254 62.01110270 17030 474.82480.59300 300 30 1701 111 AC(C) AC(C) SOUTH DR CARLTON DR AUDREY DR WOODRING DR CARDINAL DR 1836 1819 1830 2624265418312636 26661865 26601843 1860 1825 264126421842 263426451818 1854 2647267526481848 18362612 26521813 1824 26641815 26651866 1837 267226651837 26711831261823837 23611 1831 1812 1825 1821 1813 1812 1825 1806 1824 1806 1836 1807 265926531807 1830 1837 1818 26461806 267426351812 1830 1819 1807 1818 1824 26752640265826342670-Not to Scale--Not a Survey-Rev. 11/12/2021 LOCATION MAP Owner(s): Elizabeth Bautista Case: ANX2021-11018 Site: 2635 Woodring Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN: 05-29-16-13536-003-0010 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) US Hwy 19 NSOUTH DR SUNSET POINT RD E US-19 FRONTAGE RDW US-19 FRONTAGE RDWOODRING DR MORNINGSIDE DR CARLTON DR OWEN DR AUDREY DR MARILYN DR CARDINAL DR HARBOR CIR EVANS DR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 11/12/2021 AERIAL PHOTOGRAPH Owner(s): Elizabeth Bautista Case: ANX2021-11018 Site: 2635 Woodring Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN: 05-29-16-13536-003-0010 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) SOUTH DR SOUTH DR CARLTON DR CARLTON DR AUDREY DR AUDREY DR WOODRING DR WOODRING DR CARDINAL DR CARDINAL DR -Not to Scale--Not a Survey-Rev. 11/12/2021 EXISTING SURROUNDING USES MAP Owner(s): Elizabeth Bautista Case: ANX2021-11018 Site: 2635 Woodring Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN: 05-29-16-13536-003-0010 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) 26500013536 B C D E 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 123 4 5 6 7 8 910111213141516 1 2 3 4 5 6 7 10 11 12 13 14 15 16 1 2 3 4 5 6 7 10 11 12 13 14 15 16 1 2 3 4 5 6 7 32/01 1.04 3.28 32/02 32/021 254 62.01110270 17030 474.82480.59300 300 30 1701 111 AC(C) AC(C) SOUTH DR CARLTON DR AUDREY DR WOODRING DR CARDINAL DR 1836 1819 1830 2624265418312636 26661865 26601843 1860 1825 264126421842 263426451818 1854 2647267526481848 18362612 26521813 1824 26641815 26651866 1837 267226651837 26711831261823837 23611 1831 1812 1825 1821 1813 1812 1825 1806 1824 1806 1836 1807 265926531807 1830 1837 1818 26461806 267426351812 1830 1819 1807 1818 1824 26752640265826342670-Not to Scale--Not a Survey-Rev. 11/12/2021 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Vacant ANX2021-11018 Elizabeth Bautista 2635 Woodring Drive View looking south at subject property 2635 Woodring Drive East of the subject property Across the street, to the north of the subject property View looking easterly along Woodring Drive View looking westerly along Woodring Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9539-22 2nd rdg Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.17 SUBJECT/RECOMMENDATION: Adopt Ordinance 9539-22 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2635 Woodring Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/31/2022 Ordinance No. 9539-22 ORDINANCE NO. 9539-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF WOODRING AND CARLTON DRIVES, WHOSE POST OFFICE ADDRESS IS 2635 WOODRING DRIVE, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9537-22. Property Zoning District Lot 1, Block “C”, Carlton Terrace, according to the map or plat thereof as recorded in Plat Book 41, Page 16, of the Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2021-11018) Ordinance No. 9539-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED ZONING MAP Owner(s): Elizabeth Bautista Case: ANX2021-11018 Site: 2635 Woodring Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN: 05-29-16-13536-003-0010 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) 26500013536 B C D E 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 123 4 5 6 7 8 910111213141516 1 2 3 4 5 6 7 10 11 12 13 14 15 16 1 2 3 4 5 6 7 10 11 12 13 14 15 16 1 2 3 4 5 6 7 32/01 1.04 3.28 32/02 32/021 254 62.01110270 17030 474.82480.59300 300 30 1701 111 AC(C) AC(C) SOUTH DR CARLTON DR AUDREY DR WOODRING DR CARDINAL DR US 19 1836 1819 1830 2624265418312636 26661865 26601843 1860 1825 264126421842 263426451818 1854 2647267526481848 18362612 26521813 1824 26641815 26651866 1837 267226651837 26711831261823837 23611 LMDR LMDR LMDR LMDR LMDR 1831 1812 1825 1821 1813 1812 1825 1806 1824 1806 1836 1807 265926531807 1830 1837 1818 26461806 267426351812 1830 1819 1807 1818 1824 26752640265826342670-Not to Scale--Not a Survey-Rev. 11/12/2021 LOCATION MAP Owner(s): Elizabeth Bautista Case: ANX2021-11018 Site: 2635 Woodring Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN: 05-29-16-13536-003-0010 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) US Hwy 19 NSOUTH DR SUNSET POINT RD E US-19 FRONTAGE RDW US-19 FRONTAGE RDWOODRING DR MORNINGSIDE DR CARLTON DR OWEN DR AUDREY DR MARILYN DR CARDINAL DR HARBOR CIR EVANS DR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 11/12/2021 AERIAL PHOTOGRAPH Owner(s): Elizabeth Bautista Case: ANX2021-11018 Site: 2635 Woodring Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN: 05-29-16-13536-003-0010 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) SOUTH DR SOUTH DR CARLTON DR CARLTON DR AUDREY DR AUDREY DR WOODRING DR WOODRING DR CARDINAL DR CARDINAL DR -Not to Scale--Not a Survey-Rev. 11/12/2021 EXISTING SURROUNDING USES MAP Owner(s): Elizabeth Bautista Case: ANX2021-11018 Site: 2635 Woodring Drive Property Size(Acres): ROW (Acres): 0.201 Land Use Zoning PIN: 05-29-16-13536-003-0010 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) 26500013536 B C D E 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 123 4 5 6 7 8 910111213141516 1 2 3 4 5 6 7 10 11 12 13 14 15 16 1 2 3 4 5 6 7 10 11 12 13 14 15 16 1 2 3 4 5 6 7 32/01 1.04 3.28 32/02 32/021 254 62.01110270 17030 474.82480.59300 300 30 1701 111 AC(C) AC(C) SOUTH DR CARLTON DR AUDREY DR WOODRING DR CARDINAL DR 1836 1819 1830 2624265418312636 26661865 26601843 1860 1825 264126421842 263426451818 1854 2647267526481848 18362612 26521813 1824 26641815 26651866 1837 267226651837 26711831261823837 23611 1831 1812 1825 1821 1813 1812 1825 1806 1824 1806 1836 1807 265926531807 1830 1837 1818 26461806 267426351812 1830 1819 1807 1818 1824 26752640265826342670-Not to Scale--Not a Survey-Rev. 11/12/2021 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Vacant ANX2021-11018 Elizabeth Bautista 2635 Woodring Drive View looking south at subject property 2635 Woodring Drive East of the subject property Across the street, to the north of the subject property View looking easterly along Woodring Drive View looking westerly along Woodring Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9543-22 2nd rdg Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.18 SUBJECT/RECOMMENDATION: Adopt Ordinance 9543-22 on second reading, annexing certain unaddressed real property located on the east side of the road known as The Mall approximately 620 feet south of Union Street, in Clearwater, Florida 33755 into the corporate boundaries of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/31/2022 Ordinance No. 9543-22 ORDINANCE NO. 9543-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN UNADDRESSED REAL PROPERTY LOCATED ON THE EAST SIDE OF THE ROAD KNOWN AS THE MALL APPROXIMATELY 620 FEET SOUTH OF UNION STREET, IN CLEARWATER, FLORIDA 33755 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real property described herein and depicted on the map attached hereto as Exhibit “A” have petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 13, Block H, BROOKLAWN, according to the map or plat thereof as recorded in Plat Book 13, Page 59, Public Records of Pinellas County, Florida; (ANX2022-01001) The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9543-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED ANNEXATION MAP Owner(s): Richard & Kerry Kellogg Case: ANX2022-01001 Site: Unaddressed (0) The Mall Property Size(Acres): ROW (Acres): 0.114 Land Use Zoning PIN: 03-29-15-12060-008-0130 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) 13302080 2031 2084 1325 2066 2080 2068 13221310 2025 2028 2070 2026 2010 2052 2035 2056 2071 1317 2047 2040 2067 2071 2044 2057 2058 2063 13332020 2039 2049 2048 1310 2075 2084 2000 2075 2064 2053 2068 2043 2048 2060 2049 2024 2050 ARBELIA ST IDLEWILD DR THE MALL POINSETTA AVE WO ODL A WN TER N EVERGREEN AVE LANTANA AVE GARDENIA CT -Not to Scale--Not a Survey-Rev. 1/11/2022 LOCATION MAP Owner(s): Richard & Kerry Kellogg Case: ANX2022-01001 Site: Unaddressed (0) The Mall Property Size(Acres): ROW (Acres): 0.114 Land Use Zoning PIN: 03-29-15-12060-008-0130 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) SUNSET POINT RD WOODLAWN TE R FLORARDIDLEWILDDR KINGS HWYPOINSETTAAVEARBELIA ST SEDEEVA CIR N CHENANGOAVETHE MALLN BETTY LNN EVERGREEN AVEGARDENIA CT ALOHALN STATE ST UNION ST B Y RA M DR COLES RDRIDGELANE RDWILSON RD S HOREDRALPINE RDPLATEAU RD BERTLAND WAY BARBARA AVEMACOMBER AVECARLOS AVEBERMUDA ST PALM ST FREEDOMDR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/10/2022 AERIAL PHOTOGRAPH Owner(s): Richard & Kerry Kellogg Case: ANX2022-01001 Site: Unaddressed (0) The Mall Property Size(Acres): ROW (Acres): 0.114 Land Use Zoning PIN: 03-29-15-12060-008-0130 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) ARBELIA ST ARBELIA ST IDLEWILD DR IDLEWILD DR THE MALL THE MALL POINSETTA AVE POINSETTA AVE WWOO OODDLL AA WW NN TTEERR N EVERGREEN AVE N EVERGREEN AVE LANTANA AVE LANTANA AVE GARDENIA CT GARDENIA CT SS HH OORREE DDRR NNEEVVEERRGGRREEEENNAAVVEE-Not to Scale--Not a Survey-Rev. 1/11/2022 EXISITNG SURROUNDING USES MAP Owner(s): Richard & Kerry Kellogg Case: ANX2022-01001 Site: Unaddressed (0) The Mall Property Size(Acres): ROW (Acres): 0.114 Land Use Zoning PIN: 03-29-15-12060-008-0130 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) 13302080 2031 2084 1325 2066 2080 2068 13221310 2025 2028 2070 2026 2010 2052 2035 2056 2071 1317 2047 2040 2067 2071 2044 2057 2058 2063 13332020 2039 2049 2048 1310 2075 2084 2000 2075 2064 2053 2068 2043 2048 2060 2049 2024 2050 ARBELIA ST IDLEWILD DR THE MALL POINSETTA AVE WO ODL A WN TER N EVERGREEN AVE LANTANA AVE GARDENIA CT -Not to Scale--Not a Survey-Rev. 1/11/2022 Single Family Residential Vacant Vacant ANX2022-01001 Richard and Kerry Kellogg Unaddressed The Mall View looking east at subject property on the road known as The Mall North of the subject property South of the subject property Across the street, to the west of the subject property View looking southerly along The Mall View looking northerly along The Mall Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9544-22 2nd rdg Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.19 SUBJECT/RECOMMENDATION: Adopt Ordinance 9544-22 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain unaddressed real property located on the east side of the road known as The Mall approximately 620 feet south of Union Street, in Clearwater, Florida 33755, upon annexation into the City of Clearwater as Residential Urban (RU). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/31/2022 Ordinance No. 9544-22 ORDINANCE NO. 9544-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN UNADDRESSED REAL PROPERTY LOCATED ON THE EAST SIDE OF THE ROAD KNOWN AS THE MALL APPROXIMATELY 620 FEET SOUTH OF UNION STREET, IN CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 13, Block H, BROOKLAWN, according to the map or plat thereof as recorded in Plat Book 13, Page 59, Public Records of Pinellas County, Florida; Residential Urban (RU) (ANX2022-01001) The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9543-22. Ordinance No. 9544-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED FUTURE LAND USE MAP Owner(s): Richard & Kerry Kellogg Case: ANX2022-01001 Site: Unaddressed (0) The Mall Property Size(Acres): ROW (Acres): 0.114 Land Use Zoning PIN: 03-29-15-12060-008-0130 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) 13302080 2031 2084 1325 2066 2080 2068 13221310 2025 2028 2070 2026 2010 2052 2035 2056 2071 1317 2047 2040 2067 2071 2044 2057 2058 2063 13332020 2039 2049 2048 1310 2075 2084 2000 2075 2064 2053 2068 2043 2048 2060 2049 2024 2050 POINSETTAAVEIDLEWILD DR ARBELIA ST W OODL A W N T ER N EVERGREEN AVELANTANA AVETHE MALLGARDENIA CT RU RU RU RU RU RU RM RM RU RH RM RH RURU RU RM RM RU RU RU RM RU -Not to Scale--Not a Survey-Rev. 1/11/2022 LOCATION MAP Owner(s): Richard & Kerry Kellogg Case: ANX2022-01001 Site: Unaddressed (0) The Mall Property Size(Acres): ROW (Acres): 0.114 Land Use Zoning PIN: 03-29-15-12060-008-0130 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) SUNSET POINT RD WOODLAWN TE R FLORARDIDLEWILDDR KINGS HWYPOINSETTAAVEARBELIA ST SEDEEVA CIR N CHENANGOAVETHE MALLN BETTY LNN EVERGREEN AVEGARDENIA CT ALOHALN STATE ST UNION ST B Y RA M DR COLES RDRIDGELANE RDWILSON RD S HOREDRALPINE RDPLATEAU RD BERTLAND WAY BARBARA AVEMACOMBER AVECARLOS AVEBERMUDA ST PALM ST FREEDOMDR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/10/2022 AERIAL PHOTOGRAPH Owner(s): Richard & Kerry Kellogg Case: ANX2022-01001 Site: Unaddressed (0) The Mall Property Size(Acres): ROW (Acres): 0.114 Land Use Zoning PIN: 03-29-15-12060-008-0130 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) ARBELIA ST ARBELIA ST IDLEWILD DR IDLEWILD DR THE MALL THE MALL POINSETTA AVE POINSETTA AVE WWOO OODDLL AA WW NN TTEERR N EVERGREEN AVE N EVERGREEN AVE LANTANA AVE LANTANA AVE GARDENIA CT GARDENIA CT SS HH OORREE DDRR NNEEVVEERRGGRREEEENNAAVVEE-Not to Scale--Not a Survey-Rev. 1/11/2022 EXISITNG SURROUNDING USES MAP Owner(s): Richard & Kerry Kellogg Case: ANX2022-01001 Site: Unaddressed (0) The Mall Property Size(Acres): ROW (Acres): 0.114 Land Use Zoning PIN: 03-29-15-12060-008-0130 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) 13302080 2031 2084 1325 2066 2080 2068 13221310 2025 2028 2070 2026 2010 2052 2035 2056 2071 1317 2047 2040 2067 2071 2044 2057 2058 2063 13332020 2039 2049 2048 1310 2075 2084 2000 2075 2064 2053 2068 2043 2048 2060 2049 2024 2050 ARBELIA ST IDLEWILD DR THE MALL POINSETTA AVE WO ODL A WN TER N EVERGREEN AVE LANTANA AVE GARDENIA CT -Not to Scale--Not a Survey-Rev. 1/11/2022 Single Family Residential Vacant Vacant ANX2022-01001 Richard and Kerry Kellogg Unaddressed The Mall View looking east at subject property on the road known as The Mall North of the subject property South of the subject property Across the street, to the west of the subject property View looking southerly along The Mall View looking northerly along The Mall Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9545-22 2nd rdg Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.20 SUBJECT/RECOMMENDATION: Adopt Ordinance 9545-22 on second reading, amending the Zoning Atlas of the city by zoning certain unaddressed real property located on the east side of the road known as The Mall approximately 620 feet south of Union Street, in Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/31/2022 Ordinance No. 9545-22 ORDINANCE NO. 9545-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN UNADDRESSED REAL PROPERTY LOCATED ON THE EAST SIDE OF THE ROAD KNOWN AS THE MALL APPROXIMATELY 620 FEET SOUTH OF UNION STREET, IN CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9543-22. Property Zoning District Lot 13, Block H, BROOKLAWN, according to the map or plat thereof as recorded in Plat Book 13, Page 59, Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2022-01001) Ordinance No. 9545-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED ZONING MAP Owner(s): Richard & Kerry Kellogg Case: ANX2022-01001 Site: Unaddressed (0) The Mall Property Size(Acres): ROW (Acres): 0.114 Land Use Zoning PIN: 03-29-15-12060-008-0130 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) 13302080 2031 2084 1325 2066 2080 2068 13221310 2025 2028 2070 2026 2010 2052 2035 2056 2071 1317 2047 2040 2067 2071 2044 2057 2058 2063 13332020 2039 2049 2048 1310 2075 2084 2000 2075 2064 2053 2068 2043 2048 2060 2049 2024 2050 ARBELIA ST IDLEWILD DR THE MALL POINSETTA AVE WO ODL A WN TER N EVERGREEN AVE LANTANA AVE GARDENIA CT MDR HDR LMDR MDR LMDR -Not to Scale--Not a Survey-Rev. 1/11/2022 LOCATION MAP Owner(s): Richard & Kerry Kellogg Case: ANX2022-01001 Site: Unaddressed (0) The Mall Property Size(Acres): ROW (Acres): 0.114 Land Use Zoning PIN: 03-29-15-12060-008-0130 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) SUNSET POINT RD WOODLAWN TE R FLORARDIDLEWILDDR KINGS HWYPOINSETTAAVEARBELIA ST SEDEEVA CIR N CHENANGOAVETHE MALLN BETTY LNN EVERGREEN AVEGARDENIA CT ALOHALN STATE ST UNION ST B Y RA M DR COLES RDRIDGELANE RDWILSON RD S HOREDRALPINE RDPLATEAU RD BERTLAND WAY BARBARA AVEMACOMBER AVECARLOS AVEBERMUDA ST PALM ST FREEDOMDR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/10/2022 AERIAL PHOTOGRAPH Owner(s): Richard & Kerry Kellogg Case: ANX2022-01001 Site: Unaddressed (0) The Mall Property Size(Acres): ROW (Acres): 0.114 Land Use Zoning PIN: 03-29-15-12060-008-0130 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) ARBELIA ST ARBELIA ST IDLEWILD DR IDLEWILD DR THE MALL THE MALL POINSETTA AVE POINSETTA AVE WWOO OODDLL AA WW NN TTEERR N EVERGREEN AVE N EVERGREEN AVE LANTANA AVE LANTANA AVE GARDENIA CT GARDENIA CT SS HH OORREE DDRR NNEEVVEERRGGRREEEENNAAVVEE-Not to Scale--Not a Survey-Rev. 1/11/2022 EXISITNG SURROUNDING USES MAP Owner(s): Richard & Kerry Kellogg Case: ANX2022-01001 Site: Unaddressed (0) The Mall Property Size(Acres): ROW (Acres): 0.114 Land Use Zoning PIN: 03-29-15-12060-008-0130 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) 13302080 2031 2084 1325 2066 2080 2068 13221310 2025 2028 2070 2026 2010 2052 2035 2056 2071 1317 2047 2040 2067 2071 2044 2057 2058 2063 13332020 2039 2049 2048 1310 2075 2084 2000 2075 2064 2053 2068 2043 2048 2060 2049 2024 2050 ARBELIA ST IDLEWILD DR THE MALL POINSETTA AVE WO ODL A WN TER N EVERGREEN AVE LANTANA AVE GARDENIA CT -Not to Scale--Not a Survey-Rev. 1/11/2022 Single Family Residential Vacant Vacant ANX2022-01001 Richard and Kerry Kellogg Unaddressed The Mall View looking east at subject property on the road known as The Mall North of the subject property South of the subject property Across the street, to the west of the subject property View looking southerly along The Mall View looking northerly along The Mall Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9546-22 2nd rdg Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.21 SUBJECT/RECOMMENDATION: Adopt Ordinance 9546-22 on second reading, annexing certain real property whose post office address is 1930 Ashland Drive, Clearwater, Florida 33763 into the corporate boundaries of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/31/2022 Ordinance No. 9546-22 ORDINANCE NO. 9546-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF ASHLAND DRIVE APPROXIMATELY 390 FEET EAST OF BEECHER ROAD, WHOSE POST OFFICE ADDRESS IS 1930 ASHLAND DRIVE, CLEARWATER, FLORIDA 33763; TOGETHER WITH CERTAIN RIGHT-OF-WAY OF ASHLAND DRIVE INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit “B” has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit “A” for legal descriptions; (ANX2022-01003) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9546-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A LEGAL DESCRIPTION ANX2022-01003 ========================================================================================= The East 10.99 feet of Lot 42 and the West 59.01 feet of Lot 41, CITRUS HEIGHTS MANOR, FIRST ADDITION, according to the map or plat thereof as recorded in Plat Book 47, Page 29, Public Records of Pinellas County, Florida. Together with: All Right-of-Way of Ashland Drive, abutting the West 59.01 feet of Lot 41, Lot 42, and the East 10.99 feet of Lot 43. Exhibit “B” PROPOSED ANNEXATION Owner(s): Marie T. Love Case: ANX2022-01003 Site: 1930 Ashland Drive Property Size(Acres): ROW (Acres): 0.188 0.193 Land Use Zoning PIN: 36-28-15-15552-000-0410 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 242A To: Residential Low (RL) Low Medium Density Residential (LMDR) ALTON DR BEECHER RD ASHLAND DR 19601913195519122121 1967196719362152 1919190019372146 19492128 19431931197319132134 19551961193719312140 191819072122 195919432171 19192133 19661907194919061925194819601960 2125 1918196019251960 197219422175 19601912194819301960 2137 196019541906195419301960196019601924 197219601960 19601960 1960196619422127 1960193619241960 2167 -Not to Scale--Not a Survey-Rev. 1/13/2022 LOCATION MAP Owner(s): Marie T. Love Case: ANX2022-01003 Site: 1930 Ashland Drive Property Size(Acres): ROW (Acres): 0.188 Land Use Zoning PIN:36-28-15-15552-000-0410 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 242A To: Residential Low (RL) Low Medium Density Residential (LMDR) UNION ST ALLARD DR BEECHER RD ASHLAND DR N HERCULES AVE ALTON DR ALICIA DR HEALY DR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/13/2022 AERIAL PHOTOGRAPH Owner(s): Marie T. Love Case: ANX2022-01003 Site: 1930 Ashland Drive Property Size(Acres): ROW (Acres): 0.188 Land Use Zoning PIN: 36-28-15-15552-000-0410 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 242A To: Residential Low (RL) Low Medium Density Residential (LMDR) ALTON DR ALTON DR BEECHER RD BEECHER RD ASHLAND DR ASHLAND DR -Not to Scale--Not a Survey-Rev. 1/14/2022 EXISTING SURROUNDING USES MAP Owner(s): Marie T. Love Case: ANX2022-01003 Site: 1930 Ashland Drive Property Size(Acres): ROW (Acres): 0.188 Land Use Zoning PIN: 36-28-15-15552-000-0410 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 242A To: Residential Low (RL) Low Medium Density Residential (LMDR) ALTON DR BEECHER RD ASHLAND DR 19601913195519122121 1967196719362152 1919190019372146 19492128 19431931197319132134 19551961193719312140 191819072122 195919432171 19192133 19661907194919061925194819601960 2125 1918196019251960 197219422175 19601912194819301960 2137 196019541906195419301960196019601924 197219601960 19601960 1960196619422127 1960193619241960 2167 -Not to Scale--Not a Survey-Rev. 1/13/2022 Single Family Residential Single Family Residential Single Family Residential Water ANX2022-01003 Marie T. Love 1930 Ashland Drive View looking north at subject property 1930 Ashland Drive West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Ashland Drive View looking westerly along Ashland Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9547-22 2nd rdg Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.22 SUBJECT/RECOMMENDATION: Adopt Ordinance 9547-22 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1930 Ashland Drive, Clearwater, Florida 33763, upon annexation into the City of Clearwater as Residential Low (RL). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/31/2022 Ordinance No. 9547-22 ORDINANCE NO. 9547-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF ASHLAND DRIVE APPROXIMATELY 390 FEET EAST OF BEECHER ROAD, WHOSE POST OFFICE ADDRESS IS 1930 ASHLAND DRIVE, CLEARWATER, FLORIDA 33763, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category The East 10.99 feet of Lot 42, and the West 59.01 feet of Lot 41, CITRUS HEIGHTS MANOR, FIRST ADDITION, according to the map or plat thereof as recorded in Plat Book 47, Page 29, Public Records of Pinellas County, Florida; Residential Low (RL) (ANX2022-01003) The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9546-22. Ordinance No. 9547-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED FUTURE LAND USE MAP Owner(s): Marie T. Love Case: ANX2022-01003 Site: 1930 Ashland Drive Property Size(Acres): ROW (Acres): 0.188 Land Use Zoning PIN: 36-28-15-15552-000-0410 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 242A To: Residential Low (RL) Low Medium Density Residential (LMDR) RU RL RL RL WATER RU RU RU I R/OS RL RL P ALTON DR BEECHER RD ASHLAND DR 2121 19731955194919311931191919601949193619612171 1966191319072128 19181900191219192122 2140 19432152 1907195919372146 1943193719672133 191319672134 2175 1960 2127 19601954 1972191819541960191219421930192419481948192519601930194219601960 2137 196019601925 19721960 1960196619601960 2125 1960 1960196019062167195519361960192419601906 -Not to Scale--Not a Survey-Rev. 1/18/2022 LOCATION MAP Owner(s): Marie T. Love Case: ANX2022-01003 Site: 1930 Ashland Drive Property Size(Acres): ROW (Acres): 0.188 Land Use Zoning PIN:36-28-15-15552-000-0410 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 242A To: Residential Low (RL) Low Medium Density Residential (LMDR) UNION ST ALLARD DR BEECHER RD ASHLAND DR N HERCULES AVE ALTON DR ALICIA DR HEALY DR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/13/2022 AERIAL PHOTOGRAPH Owner(s): Marie T. Love Case: ANX2022-01003 Site: 1930 Ashland Drive Property Size(Acres): ROW (Acres): 0.188 Land Use Zoning PIN: 36-28-15-15552-000-0410 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 242A To: Residential Low (RL) Low Medium Density Residential (LMDR) ALTON DR ALTON DR BEECHER RD BEECHER RD ASHLAND DR ASHLAND DR -Not to Scale--Not a Survey-Rev. 1/14/2022 EXISTING SURROUNDING USES MAP Owner(s): Marie T. Love Case: ANX2022-01003 Site: 1930 Ashland Drive Property Size(Acres): ROW (Acres): 0.188 Land Use Zoning PIN: 36-28-15-15552-000-0410 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 242A To: Residential Low (RL) Low Medium Density Residential (LMDR) ALTON DR BEECHER RD ASHLAND DR 19601913195519122121 1967196719362152 1919190019372146 19492128 19431931197319132134 19551961193719312140 191819072122 195919432171 19192133 19661907194919061925194819601960 2125 1918196019251960 197219422175 19601912194819301960 2137 196019541906195419301960196019601924 197219601960 19601960 1960196619422127 1960193619241960 2167 -Not to Scale--Not a Survey-Rev. 1/13/2022 Single Family Residential Single Family Residential Single Family Residential Water ANX2022-01003 Marie T. Love 1930 Ashland Drive View looking north at subject property 1930 Ashland Drive West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Ashland Drive View looking westerly along Ashland Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9548-22 2nd rdg Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.23 SUBJECT/RECOMMENDATION: Adopt Ordinance 9548-22 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1930 Ashland Drive, Clearwater, Florida 33763, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/31/2022 Ordinance No. 9548-22 ORDINANCE NO. 9548-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF ASHLAND DRIVE APPROXIMATELY 390 FEET EAST OF BEECHER ROAD, WHOSE POST OFFICE ADDRESS IS 1930 ASHLAND DRIVE, CLEARWATER, FLORIDA 33763, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9546-22. Property Zoning District The East 10.99 feet of Lot 42, and the West 59.01 feet of Lot 41, CITRUS HEIGHTS MANOR, FIRST ADDITION, according to the map or plat thereof as recorded in Plat Book 47, Page 29, Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2022-01003) Ordinance No. 9548-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” PROPOSED ZONING MAP Owner(s): Marie T. Love Case: ANX2022-01003 Site: 1930 Ashland Drive Property Size(Acres): ROW (Acres): 0.188 Land Use Zoning PIN: 36-28-15-15552-000-0410 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 242A To: Residential Low (RL) Low Medium Density Residential (LMDR) P LMDR OS/R I ALTON DR BEECHER RD ASHLAND DR 2134 2121 19731955194919311931191919601949193619612171 1966191319072128 19181900191219192122 2140 19432152 1925190719591937190619552146 1943193719672133 191319672175 1960 2127 19601954 1972191819541960191219421930192419481948192519601930194219601960 2137 19601960 19721960 1960196619601960 2125 1960 19601960 2167 19361960192419601906 -Not to Scale--Not a Survey-Rev. 1/18/2022 LOCATION MAP Owner(s): Marie T. Love Case: ANX2022-01003 Site: 1930 Ashland Drive Property Size(Acres): ROW (Acres): 0.188 Land Use Zoning PIN:36-28-15-15552-000-0410 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 242A To: Residential Low (RL) Low Medium Density Residential (LMDR) UNION ST ALLARD DR BEECHER RD ASHLAND DR N HERCULES AVE ALTON DR ALICIA DR HEALY DR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/13/2022 AERIAL PHOTOGRAPH Owner(s): Marie T. Love Case: ANX2022-01003 Site: 1930 Ashland Drive Property Size(Acres): ROW (Acres): 0.188 Land Use Zoning PIN: 36-28-15-15552-000-0410 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 242A To: Residential Low (RL) Low Medium Density Residential (LMDR) ALTON DR ALTON DR BEECHER RD BEECHER RD ASHLAND DR ASHLAND DR -Not to Scale--Not a Survey-Rev. 1/14/2022 EXISTING SURROUNDING USES MAP Owner(s): Marie T. Love Case: ANX2022-01003 Site: 1930 Ashland Drive Property Size(Acres): ROW (Acres): 0.188 Land Use Zoning PIN: 36-28-15-15552-000-0410 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 242A To: Residential Low (RL) Low Medium Density Residential (LMDR) ALTON DR BEECHER RD ASHLAND DR 19601913195519122121 1967196719362152 1919190019372146 19492128 19431931197319132134 19551961193719312140 191819072122 195919432171 19192133 19661907194919061925194819601960 2125 1918196019251960 197219422175 19601912194819301960 2137 196019541906195419301960196019601924 197219601960 19601960 1960196619422127 1960193619241960 2167 -Not to Scale--Not a Survey-Rev. 1/13/2022 Single Family Residential Single Family Residential Single Family Residential Water ANX2022-01003 Marie T. Love 1930 Ashland Drive View looking north at subject property 1930 Ashland Drive West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Ashland Drive View looking westerly along Ashland Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9558-22 2nd rdg Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.24 SUBJECT/RECOMMENDATION: Adopt Ordinance 9558-22 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2022, to reflect increases and decreases in revenues and expenditures for the General Fund, Special Program Fund, Parking Fund, and Administrative Services Fund. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/31/2022 Ordinance #9558-22 45 ORDINANCE NO. 9558-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2022 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL PROGRAM FUND, PARKING FUND, AND ADMINISTRATIVE SERVICES FUND AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2022, for operating purposes, including debt service, was adopted by Ordinance No. 9498-21; and WHEREAS, at the first quarter review it was found that an increase of $7,190,042 is necessary for revenues and an increase of $7,190,042 is necessary for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1 of Ordinance No. 9498-21 is amended to read: Pursuant to the Amended City Manager's Annual Report and estimate for the fiscal year beginning October 1, 2021 and ending September 30, 2022 a copy, of which is on file with the City Clerk, the City Council hereby adopts an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL _________________________ READING AND ADOPTED _______________________________ Frank Hibbard, Mayor Approved as to form: Attest: _______________________________ ________________________________ David Margolis, City Attorney Rosemarie Call, City Clerk FirstQuarter Budgeted Use of Total AmendedRevenues Reserves Revenues Budget 2021/22 2021/22 2021/22 2021/22 Amendments General Fund: Ad Valorem Taxes 72,648,340 - 72,648,340 72,648,340 - Utility Taxes 17,270,000 - 17,270,000 17,270,000 - Local Option, Fuel & Other Taxes 6,080,000 - 6,080,000 6,080,000 - Franchise Fees 10,527,550 - 10,527,550 10,527,550 - Other Permits & Fees 2,808,500 - 2,808,500 2,808,500 - Intergovernmental Revenues 24,259,680 - 24,259,680 24,399,380 139,700 Charges for Services 15,799,810 - 15,799,810 15,799,810 - Judgments, Fines & Forfeitures 1,429,000 - 1,429,000 1,429,000 - Miscellaneous Revenues 2,719,226 - 2,719,226 2,719,226 - Transfers In 11,276,294 - 11,276,294 11,395,080 118,786 Transfer (to) from Reserves - - - 3,741,980 3,741,980 Total, General Fund 164,818,400 - 164,818,400 168,818,866 4,000,466 Special Revenue Funds: Special Development Fund 18,133,820 - 18,133,820 18,133,820 - Special Program Fund 1,574,736 - 1,574,736 4,764,006 3,189,270 Local Housing Asst Trust Fund 1,231,489 - 1,231,489 1,231,489 - Utility & Other Enterprise Funds: Water & Sewer Fund 98,571,030 11,680,680 110,251,710 110,251,710 - Stormwater Utility Fund 17,374,460 6,668,180 24,042,640 24,042,640 - Solid Waste & Recycling Fund 29,366,280 - 29,366,280 29,366,280 - Gas Fund 49,235,700 - 49,235,700 49,235,700 - Airpark Fund 350,000 - 350,000 350,000 - Marine Fund 5,351,000 372,810 5,723,810 5,723,810 - Clearwater Harbor Marina 928,730 - 928,730 928,730 - Parking Fund 9,544,080 - 9,544,080 9,544,182 102 Internal Service Funds: Administrative Services Fund 14,254,530 771,250 15,025,780 15,025,984 204 General Services Fund 6,146,260 - 6,146,260 6,146,260 - Garage Fund 17,623,060 - 17,623,060 17,623,060 - Central Insurance Fund 30,019,086 2,266,444 32,285,530 32,285,530 - Total, All Funds 464,522,661 21,759,364 486,282,025 493,472,067 7,190,042 EXHIBIT A 2021-22 BUDGET REVENUE 46 Ordinance #9558-22 FirstQuarter Original AmendedBudgetBudget 2021/22 2021/22 Amendments General Fund: City Council 419,450 419,450 - City Manager's Office 1,485,330 1,485,384 54 City Attorney's Office 1,826,656 1,966,428 139,772 City Audit 233,752 233,764 12 City Clerk 1,307,108 1,307,156 48 CRA Administration 504,274 619,304 115,030 Economic Development & Housing 1,992,482 1,992,554 72 Engineering 8,492,000 8,492,000 - Fire 30,788,310 31,289,534 501,224 Finance 2,800,130 2,800,310 180 Human Resources 1,662,773 1,904,855 242,082 Library 8,416,337 8,416,841 504 Non-Departmental 8,854,656 11,854,656 3,000,000 Parks & Recreation 37,205,403 37,206,825 1,422 Planning & Development 7,057,846 7,057,846 - Police 50,099,334 50,099,334 - Public Communications 1,274,489 1,274,555 66 Public Utilities 398,070 398,070 - Total, General Fund - 164,818,400 168,818,866 4,000,466 Special Revenue Funds: Special Development Fund 16,451,790 16,451,790 - Special Program Fund 1,499,736 4,689,006 3,189,270 Local Housing Asst Trust Fund 1,231,489 1,231,489 - Utility & Other Enterprise Funds: Water & Sewer Fund 110,251,710 110,251,710 - Stormwater Utility Fund 24,042,640 24,042,640 - Solid Waste & Recycling Fund 28,044,120 28,044,120 - Gas Fund 49,176,970 49,176,970 - Airpark Fund 333,690 333,690 - Marine Fund 5,723,810 5,723,810 - Clearwater Harbor Marina 909,680 909,680 - Parking Fund 6,852,830 6,852,932 102 Internal Service Funds: Administrative Services Fund 15,025,780 15,025,984 204 General Services Fund 6,146,260 6,146,260 - Garage Fund 17,595,180 17,595,180 - Central Insurance Fund 32,285,530 32,285,530 - Total, All Funds - 480,389,615 487,579,657 7,190,042 EXHIBIT A (Continued) 2021-22 BUDGET EXPENDITURES 47 Ordinance #9558-22 First Quarter Budget Review Fiscal Year 2021-22 Memorandum TO: Mayor and City Council FROM: Jon Jennings, City Manager COPIES: Micah Maxwell, Assistant City Manager Michael Delk, Assistant City Manager SUBJECT: First quarter budget review - amended City Manager's annual budget report DATE: February 24, 2022 Attached is the first quarter budget review in accordance with the City Code of Ordinances. This report is based on the first three months of activity in the current fiscal year (October 2021 through December 2021). Contained within are comments on major variances and documentation of all proposed amendments. Significant Fund amendments are outlined below: General Fund General Fund revenue and expenditure amendments reflect a net increase of $4,000,466. The General Fund expenditure increase at first quarter includes Council approved appropriations of General Fund reserves which total $3,741,980. Amendments include $400,000 to fund the Sailing Center Dock Replacement project; $241,980 to fund the cultural assessment in Human Resources; $300,000 for Greenprint Implementation; and $2,800,000 for Fire Station 46 replacement. Other amendments include an increase of $115,000 to fund the new CRA Assistant Director position, which is offset by revenues transferred from the CRA; an increase of $139,700 in the City Attorney’s Office to fund retirement/leave payouts and personnel changes; and an increase which totals $3,786 for the departments which received safety awards which is funded by revenues transferred from the Central Insurance Fund. General Fund Reserves – In order to ensure adequate reserves, the City Council’s policy reflects that General Fund unappropriated fund reserves of 8.5% of the City’s budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. With the closing of the year-end 2021 books, estimated General Fund reserves at first quarter are approximately $63.9 million, or 38.8% of the current year’s General Fund budget, exceeding our minimum reserve requirement by $49.9 million. There are no significant amendments being made to other city operating funds. First Quarter Budget Review Fiscal Year 2021-22 Capital Improvement Program First quarter amendments to the capital improvement program reflect a net decrease of $26,403,885. Amendments previously approved by Council include an increase of $300,000 in General Fund revenues in the Greenprint Implementation project; an increase of $665,000 of lease purchase finance revenues in the P25 Radio Equipment & Infrastructure project; an increase of $2,800,000 of General Fund revenues, $1,134,000 in County Fire Tax revenues and $44,000 in Stormwater Revenue in the Fire Station 46 – Beach project; an increase of $427,795 in CRA revenues in the Mercado – Downtown Gateway project; an increase of $786,000 in Stormwater revenues in the Del Oro Park Renovation project; and an increase of $400,000 in General Fund revenues in the Sailing Center Dock Replacement project. Project activity not previously approved by the Council is summarized on page 21. Significant amendments include decreases which total $32,961,600 to various water and sewer projects to remove the future bond funding amounts budgeted for fiscal year 2021/22 to align the project funding plan with the finalized FY22 rate study. Special Program Fund The Special Program Fund reflects a net budget increase of $3,189,270 at first quarter. Significant amendments include an increase of $92,448 in public safety grant revenues for Investigative Costs Recovery, Federal Forfeiture Sharing, and Police Body Cameras; $403,064 from the Pinellas County School Board for school resource officer’s 2021/22 contract and extra duty reimbursement; transfers of General Fund revenues from the Police Department of $167,750 for officers overtime at special events and $53,314 to the body camera program; $32,000 to establish new programs to account for Police overtime reimbursements from various law enforcement agencies; $411,996 in FEMA reimbursements for hurricane Irma; $507,355 in contractual service revenue for police extra duty; $394,095 for from the Juvenile Welfare Board for 2021/22 summer and after school programs; $3,275 in donation revenues to support Police and Library programs; $493,171 in Community Development Block Grant program income; $7,200 in foreclosure registry fees collected; $244,678 in fines and court proceeds for public safety programs, lien foreclosure, and the tree replacement program; $14,108 in special events revenues; $6,458 in interest earnings from the prior year; and $357,857 transferred between existing police programs. CITY OF CLEARWATER FIRST QUARTER SUMMARY 2021/22 FY 21/22 Variance %First Adopted Year to Date YTD Actual vs.YTD vs.Quarter Amended Description Budget Actual Adopted Budget Budget Adjustment Budget General Fund: Revenues 164,818,400 83,772,977 81,045,423 51%4,000,466 168,818,866 Expenditures 164,818,400 53,740,104 111,078,296 33%4,000,466 168,818,866 Utility Funds: Water & Sewer Fund Revenues 110,251,710 25,641,468 84,610,242 23%- 110,251,710 Expenditures 110,251,710 66,091,718 44,159,992 60%- 110,251,710 Stormwater Fund Revenues 24,042,640 4,356,474 19,686,166 18%- 24,042,640 Expenditures 24,042,640 17,421,724 6,620,916 72%- 24,042,640 Gas Fund Revenues 49,235,700 11,115,550 38,120,150 23%- 49,235,700 Expenditures 49,176,970 19,078,534 30,098,436 39%- 49,176,970 Solid Waste and Recycling Fund Revenues 29,366,280 7,860,453 21,505,827 27%- 29,366,280 Expenditures 28,044,120 8,000,407 20,043,713 29%- 28,044,120 Enterprise Funds: Marine Fund Revenues 5,723,810 1,508,199 4,215,611 26%- 5,723,810 Expenditures 5,723,810 2,306,036 3,417,774 40%- 5,723,810 Airpark Fund Revenues 350,000 71,344 278,656 20%- 350,000 Expenditures 333,690 94,126 239,564 28%- 333,690 Clearwater Harbor Marina Fund Revenues 928,730 259,670 669,060 28%- 928,730 Expenditures 909,680 313,511 596,169 34%- 909,680 Parking Fund Revenues 9,544,080 2,401,747 7,142,333 25%102 9,544,182 Expenditures 6,852,830 2,095,359 4,757,471 31%102 6,852,932 Internal Service Funds: General Services Fund Revenues 6,146,260 1,568,511 4,577,749 26%- 6,146,260 Expenditures 6,146,260 1,318,468 4,827,792 21%- 6,146,260 Administrative Services Revenues 15,025,780 3,455,092 11,570,688 23%204 15,025,984 Expenditures 15,025,780 4,885,303 10,140,477 33%204 15,025,984 Garage Fund Revenues 17,623,060 4,137,420 13,485,640 23%- 17,623,060 Expenditures 17,595,180 3,726,162 13,869,018 21%- 17,595,180 Central Insurance Fund Revenues 32,285,530 6,965,476 25,320,054 22%- 32,285,530 Expenditures 32,285,530 7,286,605 24,998,925 23%- 32,285,530 1 FIRST QUARTER REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2021-22 REPORT PAGE # General Fund Operating Budget ..................................................................................................... 3 Utility Funds Operating Budget ...................................................................................................... 9 Other Enterprise Funds Operating Budgets ................................................................................. 13 Internal Service Funds Operating Budgets ................................................................................... 17 Capital Improvement Program Budget ........................................................................................ 21 Special Program Fund Budget ....................................................................................................... 33 Special Development Fund ........................................................................................................... 41 Administrative Change Orders ...................................................................................................... 44 Ordinances ..................................................................................................................................... 45 The amended 2021/22 operating budget, presented by operating fund and/or department, is submitted for the City Council review. The actual and projected data contained in this review represents three months, October 1, 2021 through December 31, 2021. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after December 31, 2021. Definitions associated with the operating funds information is presented as follows: Definitions: Adopted Budget - The budget as adopted by the City Council on September 30, 2021. Variance YTD Actual vs. Adopted Budget - Difference between year to date actual and adopted budget. % YTD vs. Budget - Percentage of adopted budget expended, year to date. Proposed Amendments - Adjustments that have been approved by the City Council, made at the Manager’s discretion, and/or adjustments proposed based on the first quarter review. Amended Budget - Adding the Original Budget and Adjustments. 2 Capital Improvement Program The amended 2021/22 Capital Improvement Projects budget report is submitted for the City Council review. This review provides the opportunity to analyze the status of all active projects and present formal amendments to the project budget. The Capital Improvement Program and Special Program fund information is presented as follows: Definitions: Budget - The budget as of October 1, 2021, which includes project budgets from prior years, which have not been completed. Amendment - Amendments which have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed as a result of the first quarter review. Revised Budget - Adding the Budget and Amendment columns. Encumbrance - Outstanding contract or purchase order commitment. Available Balance - Difference between revised budget and expenditure, plus encumbrance. Status - C - project is completed Amend Ref - Reference number for description of amendment. Increase/ (Decrease)Description Ad Valorem Taxes - At first quarter,approximately 87%of property tax revenue has been received.As projected,most property tax payments are made within the first six months of the fiscal year.No amendment is proposed at this time. - At first quarter,approximately 36%of budgeted local option, fuel and other taxes revenues have been collected.As projected,most business tax receipts are received within the first three months of the fiscal year.No amendment is proposed at this time. Other Permits and Fees - At first quarter,other permits and fees revenues reflect collections of 37%of total budget,primarily due to increased collections of building/sign permit revenues.No amendment is proposed at this time. Intergovernmental 139,700 Amendments to other governmental revenue reflect an increase of $139,700.00 to state revenue sharing to adjust the budget in line with actual payments received from the State. Miscellaneous - At first quarter,approximately 49%of budgeted miscellaneous revenues have been collected, primarily due to the sale of surplus property in the first period of the fiscal year. No amendment is proposed at this time. 118,786 At first quarter,transfer in revenues reflect an increase of $3,786.00 to recognize safety award funding from the Central Insurance Fund,and a transfer of $115,000.00 from the CRA to provide funding for the new Assistant Director position. 400,000 1)An appropriation of $400,000.00 from fund reserves to provide funding for capital improvement project C2210 Sailing Center Dock Replacement as approved by the Council on January 20, 2022. Local Option, Fuel & Other Taxes City of Clearwater General Fund Revenues First Quarter Amendments FY 2021/22 Transfer (to) from Surplus Transfers In 3 Increase/ (Decrease)Description City of Clearwater General Fund Revenues First Quarter Amendments FY 2021/22 241,980 2)An appropriation of $241,980.00 from fund reserves to provide funding for cultural assessment consulting services as approved by the Council on January 20, 2022. 300,000 3)An appropriation of $300,000.00 from fund reserves to provide funding for capital improvement project C2106 Greenprint Implementation as approved by the Council on February 17, 2022. 2,800,000 4)An appropriation of $2,800,000.00 from fund reserves to provide funding for capital improvement project FD00190001 Fire Station 46 -Beach as approved by the Council on February 17, 2022. 3,741,980 4,000,466 Net General Fund Revenue Net Transfer (to) from Retained Earnings Transfer (to) from Surplus (continued) 4 Increase/ (Decrease)Description 54 At first quarter,City Manager expenditures reflect an increase of $54.00 to employee recognition for receipt of the perfect claims annual safety award. 139,772 At first quarter,City Attorney expenditures reflect a net increase of $139,772.00.Amendments include:1)an increase of $72.00 to employee recognition for receipt of the perfect claims annual safety award;and 2)an increase of $139,700.00 to various object codes to cover unbudgeted personnel expenses due to the retirement and replacement of the City Attorney. 12 At first quarter,City Audit expenditures reflect an increase of $12.00 to employee recognition for receipt of the perfect claims annual safety award. 48 At first quarter,City Clerk expenditures reflect an increase of $48.00 to employee recognition for receipt of the perfect claims annual safety award. 115,030 First quarter amendments to CRA Administration reflect a net increase of $115,030.00.Amendments include:1)an increase of $30.00 to employee recognition for receipt of the perfect claims annual safety award;and 2)an increase of $115,000.00 to full time salaries for the funding of a new Assistant Director position as approved by the Council on November 4, 2021. 72 At first quarter,Economic Development and Housing expenditures reflect 38%of total budget due to encumbrances and payments of various services in the first period of the year. At first quarter,Economic Development and Housing expenditures reflect an increase of $72.00 to employee recognition for receipt of the perfect claims annual safety award. 180 At first quarter,Finance expenditures reflect an increase of $180.00 to employee recognition for receipt of the perfect claims annual safety award. City of Clearwater General Fund ExpendituresFirst Quarter Amendments FY 2021/22 Economic Development and Housing City Manager's Office City Audit City Attorney's Office CRA Administration City Clerk Finance 5 Increase/ (Decrease)Description City of Clearwater General Fund ExpendituresFirst Quarter Amendments FY 2021/22 501,224 Amendments to Fire Department reflect a net increase of $501,224.00.Amendments include:1)an increase of $500,000.00 to Full Time Salaries &Wages to provide the remaining funding needed for the IAFF collective bargaining agreement as approved by the Council on January 20,2022;and 2)an increase of $1,224.00 to employee recognition for receipt of the 1st quarter FY22 safety award. 242,082 First quarter amendments to Human Resources reflect a net increase of $242,082.00.Amendments include:1)an increase of $102.00 to employee recognition for receipt of the perfect claims annual safety award;and 2)an increase of $241,980.00 to professional services for cultural assessment consulting services as approved by the Council on January 20, 2022. 504 At first quarter,Library expenditures reflect an increase of $504.00 to employee recognition for receipt of the perfect claims annual safety award. 1,422 At first quarter,Parks and Recreation reflects 37%of total budget due to transfers to the capital fund which happen in the first period of the year. Amendments to Parks &Recreation expenditures include an increase of $1,422.00 to employee recognition for receipt of the 4th quarter FY21 safety award. - Amendments to Police Department expenditures reflect net zero transfers,which include:1)a transfer of $167,750.00 of overtime salaries &wages to special program PRSE190001, Special Events to fund overtime expenses for various approved co-sponsored events;and 2)A transfer of $53,314.00 of contractual services to special program P2002,Police Body Worn Camera Program as approved by the Council on December 16, 2021. 66 At first quarter,Public Communications expenditures reflect an increase of $66.00 to employee recognition for receipt of the perfect claims annual safety award. Police Library Public Communications Human Resources Parks & Recreation Fire 6 Increase/ (Decrease)Description City of Clearwater General Fund ExpendituresFirst Quarter Amendments FY 2021/22 Non-Departmental (500,000) First quarter amendments to Non-Departmental include a decrease of $500,000.00 transferred to the Fire Department to provide the remaining funding required for the IAFF Agreement as approved by the Council on January 20,2022. Amendments to Non-Departmental reflect Council approved interfund transfers to capital improvement projects as follows: 400,000 1)A transfer of $400,000.00 to capital improvement project C2210,Sailing Center Dock Replacement,as approved by the Council on January 20, 2022. 300,000 2)A transfer of $300,000.00 to capital improvement project C2106,Greenprint Implementation,as approved by the Council on February 17, 2022. 2,800,000 3)A transfer of $2,800,000.00 to capital improvement project FD00190001,Fire Station 46 -Beach,as approved by the Council on February 17, 2022. 3,500,000 4,000,466 Net General Fund Expenditure 7 2021/22 Variance %2021/22 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget General Fund Revenues Ad Valorem Taxes 72,648,340 63,543,532 9,104,809 87%- 72,648,340 Utility Taxes 17,270,000 3,227,724 14,042,276 19%- 17,270,000 Local Option, Fuel and Other Taxes 6,080,000 2,177,175 3,902,825 36%- 6,080,000 Franchise Fees 10,527,550 1,716,648 8,810,902 16%- 10,527,550 Other Permits & Fees 2,808,500 1,044,302 1,764,198 37%- 2,808,500 Intergovernmental 24,259,680 4,478,768 19,780,912 18%139,700 24,399,380 Charges for Services 15,799,810 3,608,484 12,191,326 23%- 15,799,810 Judgments, Fines and Forfeitures 1,429,000 268,123 1,160,877 19%- 1,429,000 Miscellaneous Revenues 2,719,226 1,330,394 1,388,832 49%- 2,719,226 Transfers In 11,276,294 2,377,828 8,898,466 21%118,786 11,395,080 Total Revenues 164,818,400 83,772,977 81,045,423 51%258,486 165,076,886 Transfer (to) from Surplus - - - ~3,741,980 3,741,980 Adjusted Revenues 164,818,400 83,772,977 81,045,423 51%4,000,466 168,818,866 General Fund Expenditures City Council 419,450 148,397 271,053 35%- 419,450 City Manager's Office 1,485,330 420,584 1,064,746 28%54 1,485,384 City Attorney's Office 1,826,656 529,139 1,297,517 29%139,772 1,966,428 City Audit 233,752 55,221 178,531 24%12 233,764 City Clerk 1,307,108 429,365 877,743 33%48 1,307,156 CRA Administration 504,274 130,592 373,682 26%115,030 619,304 Economic Development and Housing 1,992,482 747,765 1,244,717 38%72 1,992,554 Engineering 8,492,000 1,980,765 6,511,235 23%- 8,492,000 Fire 30,788,310 8,960,252 21,828,058 29%501,224 31,289,534 Finance 2,800,130 619,309 2,180,821 22%180 2,800,310 Human Resources 1,662,773 401,767 1,261,006 24%242,082 1,904,855 Library 8,416,337 2,055,898 6,360,439 24%504 8,416,841 Non-Departmental 8,854,656 6,464,860 2,389,796 73%3,000,000 11,854,656 Parks & Recreation 37,205,403 13,669,283 23,536,120 37%1,422 37,206,825 Planning & Development 7,057,846 1,850,071 5,207,775 26%- 7,057,846 Police 50,099,334 14,897,259 35,202,075 30%- 50,099,334 Public Communications 1,274,489 290,639 983,850 23%66 1,274,555 Public Utilities 398,070 88,937 309,133 22%- 398,070 Total Expenditures 164,818,400 53,740,104 111,078,296 33%4,000,466 168,818,866 For the Three Month Period of October 1, 2021 - December 31, 2021 GENERAL FUND FIRST QUARTER REVIEW 8 2021/22 Variance %2021/22AdoptedYear to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget WATER & SEWER FUND Water & Sewer Revenues: Charges for Service 97,290,030 25,102,750 72,187,280 26%- 97,290,030 Judgments, Fines and Forfeits 271,000 98,760 172,240 36%- 271,000 Miscellaneous 1,010,000 439,958 570,042 44%- 1,010,000 Transfers In - - - ~- - Fund Equity 11,680,680 - 11,680,680 0%- 11,680,680 Total Revenues 110,251,710 25,641,468 84,610,242 23%- 110,251,710 Water & Sewer Expenditures: Public Utilities Administration 2,036,598 509,782 1,526,816 25%- 2,036,598 Wastewater Collection 15,789,628 11,767,559 4,022,069 75%- 15,789,628 Public Utilities Maintenance 8,503,140 3,849,220 4,653,920 45%- 8,503,140 WPC / Plant Operations 29,942,959 17,727,988 12,214,971 59%- 29,942,959 WPC / Laboratory Operations 546,103 204,156 341,947 37%- 546,103 WPC / Industrial Pretreatment 1,048,590 224,713 823,877 21%- 1,048,590 Water Distribution 25,566,884 17,303,166 8,263,718 68%- 25,566,884 Water Supply 22,115,654 11,840,333 10,275,321 54%- 22,115,654 Reclaimed Water 4,702,154 2,664,802 2,037,352 57%- 4,702,154 Total Expenditures 110,251,710 66,091,718 44,159,992 60%- 110,251,710 Increase/ (Decrease)Amendment Description: Water and Sewer Fund Revenues:- Water and Sewer Fund Expenditures:- At first quarter, anticipated revenues of the Water and Sewer Fund equal anticipated expenditures for fiscal year 2021/22. No amendments are proposed to Water and Sewer Fund revenues at first quarter. No amendments are proposed to Water and Sewer Fund expenditures at first quarter.Expenditures reflect 60%of total budget due to transfers to the capital fund which happen in the first period of the year. For the Three Month Period of October 1, 2021 - December 31, 2021 UTILITY FUNDS FIRST QUARTER REVIEW 9 2021/22 Variance %2021/22AdoptedYear to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Three Month Period of October 1, 2021 - December 31, 2021 UTILITY FUNDS FIRST QUARTER REVIEW STORMWATER FUND Stormwater Revenues: Charges for Service 17,019,900 4,236,711 12,783,189 25%- 17,019,900 Judgments, Fines and Forfeits 73,000 19,729 53,271 27%- 73,000 Miscellaneous 281,560 100,034 181,526 36%- 281,560 Transfers In - - - ~- - Fund Equity 6,668,180 - 6,668,180 0%- 6,668,180 Total Revenues 24,042,640 4,356,474 19,686,166 18%- 24,042,640 Stormwater Expenditures: Stormwater Management 18,331,501 16,135,701 2,195,800 88%- 18,331,501 Stormwater Maintenance 5,711,139 1,286,023 4,425,116 23%- 5,711,139 Total Expenditures 24,042,640 17,421,724 6,620,916 72%- 24,042,640 Increase/ (Decrease)Amendment Description: Stormwater Fund Revenues:- Stormwater Fund Expenditures:- No amendments are proposed to Stormwater Fund revenues at first quarter. No amendments are proposed to Stormwater Fund expenditures at first quarter.Expenditures reflect 72%of total budget due to transfers to the capital fund and payment of bonded debt which happen in the first period of the year. At first quarter, anticipated revenues of the Stormwater Fund equal anticipated expenditures for fiscal year 2021/22. 10 2021/22 Variance %2021/22AdoptedYear to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Three Month Period of October 1, 2021 - December 31, 2021 UTILITY FUNDS FIRST QUARTER REVIEW GAS FUND Gas Revenues: Charges for Service 48,761,009 11,022,120 37,738,889 23%- 48,761,009 Judgments, Fines and Forfeits 100,000 23,779 76,221 24%- 100,000 Miscellaneous 374,691 69,651 305,040 19%- 374,691 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 49,235,700 11,115,550 38,120,150 23%- 49,235,700 Gas Expenditures: Administration & Supply 22,686,839 4,918,157 17,768,682 22%- 22,686,839 Pinellas Gas Operations 12,320,097 6,665,277 5,654,820 54%- 12,320,097 Pasco Gas Operations 7,514,340 4,697,692 2,816,648 63%- 7,514,340 Marketing & Sales 6,655,694 2,797,409 3,858,285 42%- 6,655,694 Total Expenditures 49,176,970 19,078,534 30,098,436 39%- 49,176,970 Increase/ (Decrease)Amendment Description: Gas Fund Revenues:- Gas Fund Expenditures:- At first quarter, anticipated revenues of the Gas Fund exceed anticipated expenditures by $58,730 for fiscal year 2021/22. No amendments are proposed to Gas Fund revenues at first quarter. No amendments are proposed to Gas Fund expenditures at first quarter.Expenditures reflect 39%of total budget due to transfers to the capital fund which happen in the first period of the year. 11 2021/22 Variance %2021/22AdoptedYear to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Three Month Period of October 1, 2021 - December 31, 2021 UTILITY FUNDS FIRST QUARTER REVIEW SOLID WASTE AND RECYCLING FUND Solid Waste Revenues: Other Permits and Fees 1,000 907 93 91%- 1,000 Charges for Service 26,060,000 6,852,057 19,207,943 26%- 26,060,000 Judgments, Fines and Forfeits 95,000 27,030 67,970 28%- 95,000 Miscellaneous 533,000 177,686 355,314 33%- 533,000 Transfers In - - - ~- - Solid Waste Revenues 26,689,000 7,057,680 19,631,320 26%- 26,689,000 Recycling Revenues: Other Permits and Fees 280 - 280 0%- 280 Intergovernmental - - - ~- - Charges for Service 2,465,000 682,529 1,782,471 28%- 2,465,000 Judgments, Fines and Forfeits 8,000 2,580 5,420 32%- 8,000 Miscellaneous 204,000 117,664 86,336 58%- 204,000 Transfers In - - - ~- - Recycling Revenues 2,677,280 802,773 1,874,507 30%- 2,677,280 Fund Equity - - - ~- - Total Revenues 29,366,280 7,860,453 21,505,827 27%- 29,366,280 Solid Waste Expenditures: Collection 18,875,621 4,955,371 13,920,250 26%- 18,875,621 Transfer 2,368,009 578,326 1,789,683 24%- 2,368,009 Container Maintenance 993,536 259,810 733,727 26%- 993,536 Administration 1,050,904 242,670 808,234 23%- 1,050,904 Solid Waste Expenditures 23,288,070 6,036,177 17,251,893 26%- 23,288,070 Recycling Expenditures: Residential 1,577,182 326,686 1,250,496 21%- 1,577,182 Multi-Family 435,068 84,999 350,069 20%- 435,068 Commercial 2,743,800 1,552,545 1,191,255 57%- 2,743,800 Recycling Expenditures 4,756,050 1,964,230 2,791,820 41%- 4,756,050 Total Expenditures 28,044,120 8,000,407 20,043,713 29%- 28,044,120 Increase/ (Decrease)Amendment Description: Solid Waste and Recycling Fund Revenues:- Solid Waste and Recycling Fund Expenditures:- No amendments are proposed to Solid Waste and Recycling Fund revenues at first quarter. No amendments are proposed to Solid Waste and Recycling Fund expenditures at first quarter. At first quarter, anticipated revenues of the Solid Waste and Recycling Fund exceed anticipated expenditures by $1,322,160 for fiscal year 2021/22. 12 2021/22 Variance %2021/22 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget MARINE FUND Marine Revenues: Intergovernmental - - - ~- - Charges for Service 5,211,800 1,464,195 3,747,605 28%- 5,211,800 Judgments, Fines and Forfeits 3,200 350 2,850 11%- 3,200 Miscellaneous Revenue 136,000 43,654 92,346 32%- 136,000 Transfers In - - - ~- - Fund Equity 372,810 - 372,810 0%- 372,810 Total Revenues 5,723,810 1,508,199 4,215,611 26%- 5,723,810 Marine Expenditures: Marina Operations 5,723,810 2,306,036 3,417,774 40%- 5,723,810 Total Expenditures 5,723,810 2,306,036 3,417,774 40%- 5,723,810 Increase/ (Decrease)Amendment Description: Marine Fund Revenues:- Marine Fund Expenditures:- At first quarter, anticipated revenues of the Marine Fund equal anticipated expenditures for fiscal year 2021/22. No amendments are proposed to Marine Fund revenues at first quarter. No amendments are proposed to Marine Fund expenditures at first quarter.Expenditures reflect 40%of total budget due to transfers to the capital fund which happen in the first period of the year. For the Three Month Period of October 1, 2021 - December 31, 2021 ENTERPRISE FUNDS FIRST QUARTER REVIEW 13 2021/22 Variance %2021/22 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Three Month Period of October 1, 2021 - December 31, 2021 ENTERPRISE FUNDS FIRST QUARTER REVIEW CLEARWATER HARBOR MARINA FUND Clearwater Harbor Marina Revenues: Intergovernmental - - - ~- - Charges for Service 900,630 250,505 650,125 28%- 900,630 Judgments, Fines and Forfeits 1,600 50 1,550 3%- 1,600 Miscellaneous Revenue 26,500 9,115 17,385 34%- 26,500 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 928,730 259,670 669,060 28%- 928,730 Clearwater Harbor Marina Expenditures Clearwater Harbor Marina Opera 909,680 313,511 596,169 34%- 909,680 Total Expenditures 909,680 313,511 596,169 34%- 909,680 Increase/ (Decrease)Amendment Description: Clearwater Harbor Marina Fund Revenues:- Clearwater Harbor Marina Fund Expenditures:- No amendments are proposed to Clearwater Harbor Marina Fund revenues at first quarter. No amendments are proposed to Clearwater Harbor Marina Fund expenditures at first quarter. At first quarter, anticipated revenues of the Clearwater Harbor Marina Fund exceed anticipated expenditures by $19,050 for fiscal year 2021/22. 14 2021/22 Variance %2021/22 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Three Month Period of October 1, 2021 - December 31, 2021 ENTERPRISE FUNDS FIRST QUARTER REVIEW AIRPARK FUND Airpark Revenues: Intergovernmental - - - ~- - Charges for Service 18,000 4,295 13,705 24%- 18,000 Miscellaneous Revenue 332,000 67,049 264,951 20%- 332,000 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 350,000 71,344 278,656 20%- 350,000 Airpark Expenditures: Airpark Operations 333,690 94,126 239,564 28%- 333,690 Total Expenditures 333,690 94,126 239,564 28%- 333,690 Increase/ (Decrease)Amendment Description: Airpark Fund Revenues:- Airpark Fund Expenditures:- At first quarter, anticipated revenues of the Airpark Fund exceed anticipated expenditures by $16,310 for fiscal year 2021/22. No amendments are proposed to Airpark Fund revenues at first quarter. No amendments are proposed to Airpark Fund expenditures at first quarter. 15 2021/22 Variance %2021/22 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Three Month Period of October 1, 2021 - December 31, 2021 ENTERPRISE FUNDS FIRST QUARTER REVIEW PARKING FUND Parking Revenues: Charges for Service 8,600,430 2,065,037 6,535,393 24%- 8,600,430 Judgments, Fines and Forfeits 818,650 286,210 532,440 35%- 818,650 Miscellaneous Revenue 125,000 50,500 74,500 40%- 125,000 Transfers In - - - ~102 102 Fund Equity - - - ~- - Total Revenues 9,544,080 2,401,747 7,142,333 25%102 9,544,182 Parking Expenditures Engineering/Parking System 4,671,650 1,593,583 3,078,067 34%- 4,671,650 Engineering/Parking Enforcement 980,857 168,596 812,261 17%- 980,857 Fire Dept/Beach Guards 1,059,660 298,602 761,058 28%102 1,059,762 Seminole Street Boat Ramp 140,663 34,578 106,085 25%- 140,663 Total Expenditures 6,852,830 2,095,359 4,757,471 31%102 6,852,932 Increase/ (Decrease)Amendment Description: Parking Fund Revenues:102 Parking Fund Expenditures:102 At first quarter,amendments to Parking Fund revenues reflect an increase of $102.00 to transfer in revenue to recognize safety award funding from the Central Insurance Fund. At first quarter,Parking Fund expenditures in Beach Guard operations reflect an increase of $102.00 to employee recognition for receipt of the 1st quarter FY22 safety award. At first quarter, anticipated revenues of the Parking Fund exceed anticipated expenditures by $2,691,250 for fiscal year 2021/22. 16 2021/22 Variance %2021/22 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget GENERAL SERVICES FUND General Services Revenues: Charges for Service 6,046,260 1,531,090 4,515,170 25%- 6,046,260 Miscellaneous Revenues 100,000 37,421 62,579 37%- 100,000 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 6,146,260 1,568,511 4,577,749 26%- 6,146,260 General Services Expenditures: Administration 468,795 123,809 344,986 26%- 468,795 Building & Maintenance 5,677,465 1,194,659 4,482,806 21%- 5,677,465 Total Expenditures 6,146,260 1,318,468 4,827,792 21%- 6,146,260 Increase/ (Decrease)Amendment Description: General Services Fund Revenues:- General Services Fund Expenditures:- INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For the Three Month Period of October 1, 2021 - December 31, 2021 At first quarter, anticipated revenues of the General Services Fund equal anticipated expenditures for fiscal year 2021/22. No amendments are proposed to General Services Fund revenues at first quarter. No amendments are proposed to General Services Fund expenditures at first quarter. 17 2021/22 Variance %2021/22 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For the Three Month Period of October 1, 2021 - December 31, 2021 ADMINISTRATIVE SERVICES FUND Administrative Services Revenues: Charges for Service 14,179,530 3,425,982 10,753,548 24%- 14,179,530 Miscellaneous Revenues 75,000 29,110 45,890 39%- 75,000 Transfers In - - - ~204 204 Fund Equity 771,250 - 771,250 0%- 771,250 Total Revenues 15,025,780 3,455,092 11,570,688 23%204 15,025,984 Administrative Services Expenditures: Info Tech / Admin 475,548 122,772 352,776 26%204 475,752 Info Tech / Network Svcs 5,243,321 1,599,981 3,643,340 31%- 5,243,321 Info Tech / Software Applications 3,401,594 999,312 2,402,282 29%- 3,401,594 Info Tech / Telecommunications 1,807,617 1,130,011 677,606 63%- 1,807,617 Public Comm / Courier 190,860 25,809 165,051 14%- 190,860 Clearwater Customer Service 3,906,840 1,007,419 2,899,421 26%- 3,906,840 Total Expenditures 15,025,780 4,885,303 10,140,477 33%204 15,025,984 Increase/ (Decrease)Amendment Description: Administrative Services Fund Revenues:204 Administrative Services Fund Expenditures:204 At first quarter, anticipated revenues of the Administrative Services Fund equal anticipated expenditures for fiscal year 2021/22. At first quarter,Administrative Services Fund revenues reflect an increase of $204.00 to transfer-in revenues recognizing perfect claims safety award funding from the Central Insurance Fund. At first quarter,Administrative Services Fund expenditures in Information Technology reflect an increase of $204.00 to employee recognition for receipt of the annual perfect claims safety award. 18 2021/22 Variance %2021/22 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For the Three Month Period of October 1, 2021 - December 31, 2021 GARAGE FUND Garage Fund Revenues Charges for Service 16,698,060 4,106,852 12,591,208 25%- 16,698,060 Miscellaneous Revenues 925,000 30,568 894,432 3%- 925,000 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 17,623,060 4,137,420 13,485,640 23%- 17,623,060 Garage Fund Expenditures: Fleet Maintenance 16,631,707 3,544,161 13,087,546 21%- 16,631,707 Radio Communications 963,473 182,001 781,472 19%- 963,473 Total Expenditures 17,595,180 3,726,162 13,869,018 21%- 17,595,180 Increase/ (Decrease)Amendment Description: Garage Fund Revenues:- Garage Fund Expenditures:- At first quarter, anticipated revenues of the Garage Fund exceed anticipated expenditures by $27,880 for fiscal year 2021/22. No amendments are proposed to Garage Fund revenues at first quarter. No amendments are proposed to Garage Fund expenditures at first quarter. 19 2021/22 Variance %2021/22 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For the Three Month Period of October 1, 2021 - December 31, 2021 CENTRAL INSURANCE FUND Central Insurance Revenues: Charges for Service 29,719,086 6,850,074 22,869,012 23%- 29,719,086 Miscellaneous Revenues 300,000 115,402 184,598 38%- 300,000 Transfers In - - - ~- - Fund Equity 2,266,444 - 2,266,444 0%- 2,266,444 Total Revenues 32,285,530 6,965,476 25,320,054 22%- 32,285,530 Central Insurance Expenditures: Finance / Risk Management 417,216 83,522 333,694 20%18 417,234 HR / Employee Benefits 439,346 65,825 373,521 15%- 439,346 HR / Employee Health Clinic 1,721,400 249,205 1,472,195 14%- 1,721,400 Non-Departmental 29,707,568 6,888,052 22,819,516 23%(18) 29,707,550 Total Expenditures 32,285,530 7,286,605 24,998,925 23%- 32,285,530 Increase/ (Decrease)Amendment Description: Central Insurance Fund Revenues:- Central Insurance Fund Expenditures:- No amendments are proposed to Central Insurance Fund revenues at first quarter. Amendments to Central Insurance Fund expenditures reflect a net zero amendment to transfer money between cost centers for the annual perfect claims safety award. At first quarter, anticipated revenues of the Central Insurance Fund equal anticipated expenditures for fiscal year 2021/22. 20 CAPITAL IMPROVEMENT PROGRAM First Quarter Summary FY 2021/22 21 The amended 2021/22 Capital Improvement Program budget report is submitted for the City Council's First quarter review. The proposed amendment is a net budget decrease in the amount of $26,403,885. This review provides the opportunity to examine the status of all active projects and present formal amendments to the project budgets. Fiscally significant budget increases encompassed within this review are as follows: The City Council did not previously approve the following capital improvement budget activity:  Sanitary Sewer Upgrades/Improvements – a budget decrease of $20,694,830 in future bond revenue.  Water Pollution Control R&R – a budget decrease of $4,179,000 in future bond revenue.  Sanitary Sewer R&R – a budget decrease of $2,782,770 in future bond revenue.  Pump Station Replacement - a budget decrease of $2,200,000 in future bond revenue.  System R&R - Maintenance - a budget decrease of $3,105,000 in future bond revenue. All significant budget increases that have been previously approved by the City Council are listed below: Project Council Budget Increase Approval  Greenprint Implementation $ 300,000 02/17/22  P25 Radio Equipment & Infrastructure $ 665,000 12/02/21  Fire Station 46 – Beach $ 3,978,000 02/17/22  Mercado – Downtown Gateway $ 427,795 05/20/21  Del Oro Park Renovations $ 786,000 12/16/21  Sailing Center Dock Replacement $ 400,000 01/20/22 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment Greenprint Implementation 1 C2106 300,000 To record a budget increase of $300,000.00 of General Fund revenue,as approved by City Council on February 17, 2022.300,000 Roof Repair and Replacement 2 GSBM180003 300,000 To record a budget transfer of $300,00.00 in General Fund revenue from project GSBM180008,Building Systems,as approved by the City Council on December 2, 2021.300,000 Building Systems 3 GSBM180008 (300,000) To record a budget transfer of $300,00.00 in General Fund revenue to project GSBM180003,Roof Repair and Replacement,as approved by the City Council on December 2, 2021.(300,000) P25 Radio Equipment & Infrastructure 4 L2001 665,000 To record a budget increase of $665,000.00 in lease purchase financing,as approved by the City Council on December 2, 2021.665,000 Studio/Production Equipment 5 M2201 1,344 To record a budget increase of $1,343.77 transferred from closed special program 99925, Peg Access Support.1,344 Fire Station 46 - Beach 6 FD00190001 3,978,000 To record a budget increase of $44,000.00 transferred in from stormwater fund project ENST180005,Coastal Basins; a budget increase of $1,134,000.00 from County Reimbursement revenue;and an allocation of $2,800,000.00 of General Fund revenue,as approved by City Council on February 17, 2022.3,978,000 Sanitary Sewer Upgrades/Improvements 7 96212 (20,694,830) To record a budget decrease of $20,694,830.00 in future bond revenue to align the project funding plan with the finalized FY22 rate study.(20,694,830) Pump Station R&R 8 96217 (600,000) To record a budget transfer of $600,000.00 in Utility R&R revenue to project 96665, Sanitary Sewer R&R.(600,000) Sanitary Sewer Relocation 9 96634 (237,439) To record a budget transfer of $237,439.00 in utility R&R revenue to project C2103,Downtown Streetscaping,as approved by Council on February 3, 2022.(237,439) CAPITAL IMPROVEMENT PROGRAM First Quarter Amendments FY 2021/22 22 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM First Quarter Amendments FY 2021/22 Water Pollution Control R & R 10 96664 (4,179,000) To record a budget decrease of $4,179,000.00 in future bond revenue to align the project funding plan with the finalized FY22 rate study.(4,179,000) Sanitary Sewer R&R 11 96665 (2,782,770) 600,000 To record a budget decrease of $2,782,770.00 in future bond revenue to align the project funding plan with the finalized FY22 rate study;and to record a budget transfer of $600,000.00 in utility R&R revenue from project 96217, Pump Station R&R.(2,182,770) Pump Station Replacement 12 96686 (2,200,000) To record a budget decrease of $2,200,000.00 in future bond revenue to align the project funding plan with the finalized FY22 rate study.(2,200,000) System R & R - Maintenance 13 96721 (3,105,000) 3,600,000 To record a budget transfer of $3,600,000.00 in water revenue from project 96722,Line Relocation - Maintenance,as approved by the City Council on December 16,2021;and to record a budget decrease of $3,105,000.00 in future bond revenue to align the project funding plan with the finalized FY22 rate study.495,000 Line Relocation - Maintenance 14 96722 (6,071,672) To record a net decrease of $6,071,672.00 representing the following transfers:1)$971,672.00 in utility R&R revenue to project C2103,Downtown Streetscaping as approved by City Council February 3,2022;2)$3,600,000.00 in water revenue to project 96721,System R&R Maintenance,as approved by City Council on December 16,2021;3) $1,000,000.00 in utility R&R revenue to 96784,Reclaimed Water Distribution System,as approved by City Council December 16,2021;and 4)$500,000.00 in utility R&R revenue to 96784,Reclaimed Water Distribution System R&R.(6,071,672) Reclaim Water Distribution System R&R 15 96784 1,500,000 To record a budget transfer of $500,000.00 in utility R&R revenue from project 96722,Line Relocation - Maintenance;and to record a budget transfer of $1,000,000.00 in utility R&R revenue from 96722,Line Relocation Maintenance,as approved by City Council December 16, 2021.1,500,000 23 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM First Quarter Amendments FY 2021/22 Coastal Basin 16 ENST180005 (450,000) To record a budget decrease of $450,000.00 of Stormwater revenue to project C2103,Downtown Streetscaping,as approved by the City Council on February 3, 2022. (450,000) Downtown Streetscaping 17 C2103 1,659,111 To record a net increase of $1,659,111.00 representing the following transfers:1)$971,672.00 in utility R&R revenue from project 96722,Line Relocation Maintenance;2) $237,439.00 in utility R&R revenue from project 96634, Sanitary Sewer Relocation;and 3)$450,000 from project ENST180005,Coastal Basin,as approved by City Council February 3, 2022.1,659,111 Mercado - Downtown Gateway 18 C2105 427,795 To record a budget transfer of $427,795.00 from CRA project R2004,Economic Development (County),as approved by City Council May 20, 2021.427,795 Airpark Maintenance & Repair 19 94817 269 To record a budget transfer of $269.09 of Airpark revenues from project G2012,Clearwater Airpark Vehicle Replacement.269 Clearwater Airpark Vehicle Replacement - CLOSE PROJECT 20 G2012 (1,076) (269) To record budget decrease of $1,076.36 in grant revenue from FDOT and a budget transfer of $269.09 of Airpark revenue to project 94817,Airpark Maintenance and Repair. This will bring the budget in line with actual expenditures to close the project.(1,345) Bicycle Paths-Bridges 21 93272 (1,050,000) To record a budget transfer of $1,050,000.00 in penny revenue to project 93667,Del Oro Park Renovations as approved by the City Council on December 16, 2021.(1,050,000) Parking Lot/Bike Path Resurface/Improvements 22 93286 (40,000) To record a budget transfer of $40,00.00 in General Fund revenue to project C2205,Enterprise Dog Park,as approved by the City Council on November 18, 2021.(40,000) Playground & Fitness Purchase & Replacement 23 93637 53,000 To record a budget transfer of $53,000.00 of General Fund revenue from project 93278,Long Center Infrastructure Repairs,as approved by the City Council on November 18, 2021.53,000 24 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM First Quarter Amendments FY 2021/22 Del Oro Park Renovations - CLOSE PROJECT 24 93667 786,000 1,450,000 To record a budget increase of $786,000.00 transferred from Stormwater project ENST180005,Coastal Basin;a transfer of $400,000.00 of penny revenue,from project C2209,Neighborhood Parks;and a transfer of $1,050,000.00 of penny revenue from project 93272, Bicycle Trails/Bridges,as approved by City Council on December 16,2021.This project is complete and will be closed.2,236,000 Jack Russell Stadium Improvements 25 93673 (102,852) To record a budget transfer of $102,851.67 of General Fund revenue to project C2210,Sailing Center Dock Replacement,as approved by the City Council on January 20, 2022.(102,852) Neighborhood Park Renovations 26 C2209 (400,000) To record a budget transfer of $400,000.00 of penny revenue to project 93667,Del Oro Park Renovations,as approved by the City Council on December 16, 2021.(400,000) Baycare Ballpark Infrastructure Repair/Improvement 27 93205 652 To record a budget increase of $652.21 for reimbursements for repairs done at Spectrum Field.652 Long Center Infrastructure Repairs 28 93278 (53,000) To record a budget transfer of $53,000.00 of General Fund revenue to project 93637,Playground &Fitness Purchase & Replacement,as approved by the City Council on November 18, 2021.(53,000) Pier 60/Sailing Center Maintenance 29 93499 (230,000) To record a budget transfer of $230,00.00 in General Fund revenue to project C2210,Sailing Center Dock Replacement,as approved by the City Council on January 20, 2022.(230,000) Enterprise Dog Park 30 C2205 40,000 To record a budget transfer of $40,00.00 in General Fund revenue from project 93286,Parking Lot/Bike Resurfacing, as approved by the City Council on November 18, 2021.40,000 25 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM First Quarter Amendments FY 2021/22 Sailing Center Dock Replacement - NEW PROJECT 31 C2210 400,000 332,852 To record a budget increase of $400,000.00 of General Fund revenue;a budget transfer of $102,851.67 in General Fund revenue from project 93673,Jack Russell Stadium Improvements;and a transfer of $230,000.00 in General Fund revenue from project 93499,Pier 60/Sailing Center Dock Replacement,as approved by City Council on January 20, 2022.732,852 (26,403,885) - - (26,403,885) Coastal Basin ENST180005 830,000 To record a transfer of $44,000.00 of Stormwater revenue to project FD00190001,Fire Station 46,as approved by City Council on February 17,2022;and a transfer of $786,000.00 of Stormwater revenue to project 93667,Del Oro Park Renovations,as approved by City Council on December 16, 2021. TOTAL INTERFUND TRANSFERS:830,000 TOTAL INTERFUND TRANSFERS 26 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2021 - DECEMBER 31, 2021 Budget Revised Project Open Available Amend Description 10/1/21 Amdmts Budget To Date Encumbran Balance Status Ref Other General Government 93535 Countryside Library Demolition 75,000 - 75,000 - - 75,000 94233 Motorized Equip-Cash 2,473,945 - 2,473,945 2,291,296 73,995 108,654 94246 Fleet Management & Mapping 710,000 - 710,000 598,888 - 111,112 94729 City-wide Connect Infra 4,423,089 - 4,423,089 3,726,372 - 696,718 94736 Geographic Information Sys 1,210,997 - 1,210,997 954,455 - 256,542 94828 Financial Systems Upgrades 4,158,165 - 4,158,165 2,802,072 42,624 1,313,469 94829 CIS Upgrades / Replacement 1,382,376 - 1,382,376 433,783 - 948,593 94830 MS Licensing / Upgrades 1,200,000 - 1,200,000 842,601 - 357,399 94833 Computer Monitors 429,828 - 429,828 404,093 - 25,735 94850 Backfile Conversion of Records 500,000 - 500,000 192,043 - 307,957 94857 Accela Permit & Code Enforce 400,000 - 400,000 304,871 23,642 71,488 94873 Citywide Camera System 360,000 - 360,000 221,664 - 138,336 94874 City Enterprise Timekeep Sys 360,000 - 360,000 202,802 - 157,198 94880 Granicus Agenda Mgt Sys 210,000 - 210,000 41,136 - 168,864 94883 Business Proc Review & Improve 800,000 - 800,000 311,925 - 488,075 94888 City EOC & Disaster Recovery Fac 3,360,000 - 3,360,000 3,134,363 40,537 185,099 C1901 Beach Radio Tower 852,370 - 852,370 - - 852,370 C2004 Lift Stations - General Gov 2,160,000 - 2,160,000 176,562 - 1,983,438 C2006 ADA Transition Plan 900,000 - 900,000 174,812 - 725,188 C2007 Citywide Audio/Visual Solutions 265,053 - 265,053 - - 265,053 C2101 North Ward Preservation 77,920 - 77,920 54,490 - 23,429 C2106 Greenprint Implementation 320,000 300,000 620,000 - - 620,000 1 ENGF220001 New City Hall 350,300 - 350,300 - - 350,300 GSBM180001 Air Cond Replace-City Wide 1,779,436 - 1,779,436 893,341 4,000 882,095 GSBM180002 Flooring for Facilities 1,477,837 - 1,477,837 779,791 69,466 628,579 GSBM180003 Roof Repair and Replacement 2,304,213 300,000 2,604,213 1,153,794 872,123 578,296 2 GSBM180004 Painting of Facilities 792,923 - 792,923 193,818 61,568 537,536 GSBM180005 Fencing of Facilities 173,170 - 173,170 73,199 - 99,970 GSBM180006 Light Replacement & Repair 728,197 - 728,197 312,726 - 415,470 GSBM180007 Elevator Refurbish/Modern 760,576 - 760,576 11,118 - 749,458 GSBM180008 Building Systems 2,018,377 (300,000) 1,718,377 790,046 525 927,807 3 GSBM180009 New A/C Chiller System 5,200,000 - 5,200,000 1,752,713 - 3,447,287 GSBM180010 General Services R&R 500,000 - 500,000 312,670 - 187,330 GSBM180011 Generator Maintenance 650,000 - 650,000 - - 650,000 GSBM180012 General Faci Bldg Major Reno 2,185,242 - 2,185,242 256,834 - 1,928,409 GSFL180001 Fleet Facility R&R 644,520 - 644,520 60,926 25,138 558,456 L1902 B&M Vehicle & Equipment 65,000 - 65,000 35,046 - 29,955 L1906/M2202 Telecommunications Upgrade 1,769,047 - 1,769,047 - - 1,769,047 L1907/M1911 IT Disaster Recovery 480,396 - 480,396 - - 480,396 L1908/M1912 Network Infra & Server R&R 2,341,417 - 2,341,417 1,265,076 62,649 1,013,692 L1910 Motorized Equip Replace - LP 17,437,127 - 17,437,127 11,827,828 4,101,340 1,507,958 L1911 Garage - Off Cycle Replacements 500,000 - 500,000 205,544 - 294,456 M1914 Sustainability Initiatives 200,000 - 200,000 76,350 70,360 53,290 M2007 City EOC Maintenance 100,000 - 100,000 - - 100,000 L2001/M2010 P25 Radio Equipment & Infrast 2,543,104 665,000 3,208,104 - 2,863,944 344,160 4 M2201 Studio/Production Eqp.25,000 1,344 26,344 - - 26,344 5 Sub-Total 71,654,624 966,344 72,620,968 36,869,049 8,311,911 27,440,008 Actual Expenditures 27 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2021 - DECEMBER 31, 2021 Budget Revised Project Open Available Amend Description 10/1/21 Amdmts Budget To Date Encumbran Balance Status Ref Actual Expenditures Police Protection 94238 Police Vehicles 2,602,032 - 2,602,032 2,491,068 - 110,964 C2201 Police CAD Replacement 900,000 - 900,000 - - 900,000 C2206 PD Equipment Facility 750,000 - 750,000 - - 750,000 P1802 Police Equipment Replacement 679,686 - 679,686 483,191 188,864 7,631 P1803 Command Bus Refurbishment 200,000 - 200,000 - 123,745 76,255 P1902 Police Information Systems 425,000 - 425,000 357,945 - 67,055 P2102 Training Range Sound Mitigation 820,000 - 820,000 787,787 15,408 16,805 PD00180001 Police District 3 Station 13,050,000 - 13,050,000 3,834,197 8,808,182 407,621 Sub-Total 19,426,718 - 19,426,718 7,954,187 9,136,200 2,336,331 Fire Protection 91218 Fire Engine Replacement 3,520,566 - 3,520,566 3,482,241 - 38,326 91236 Rescue Vehicle 602,500 - 602,500 275,930 - 326,570 91244 Aerial Truck 3,218,514 - 3,218,514 2,653,479 - 565,034 91257 AED Program 293,510 - 293,510 171,449 87,200 34,861 91260 Thermal Imaging Cameras 295,270 - 295,270 148,954 - 146,316 91261 Personal Protection Equip 2,564,250 - 2,564,250 2,001,085 - 563,165 91262 SCBA Upgrade - Fill Station 125,000 - 125,000 82,366 - 42,634 91264 Fire Hose Replacement 516,010 - 516,010 301,045 15,426 199,539 91271 Fire Boat 1,008,363 - 1,008,363 619,808 74,363 314,192 C2207 FD Equipment Facility 750,000 - 750,000 - - 750,000 FD00190001 Fire Station 46 - Beach 6,372,693 3,978,000 10,350,693 1,089,392 287,114 8,974,186 6 FD00190002 Fire Station 47 Replacement 4,839,441 - 4,839,441 1,162,921 150,311 3,526,208 M2005 Fire Training Tower 225,286 - 225,286 52,987 - 172,299 Sub-Total 24,331,402 3,978,000 28,309,402 12,041,657 614,415 15,653,330 Fire Rescue Services 91229 Replace & Upgrade Airpacks 1,201,680 - 1,201,680 888,659 - 313,021 91263 Extrication Tools 177,000 - 177,000 125,708 - 51,292 ENGF190002 Beach Guard Tower 258,239 - 258,239 74,288 - 183,950 ENGF200002 Beach Guard Admin Building 85,000 - 85,000 37,283 - 47,717 Sub-Total 1,721,919 - 1,721,919 1,125,938 - 595,981 Gas Utility Services 96358 Environmental Remediation 2,134,794 - 2,134,794 1,815,194 72,007 247,593 96365 Line Relocation-Pinellas Maint 806,106 - 806,106 559,924 - 246,182 96367 Gas Meter Change Out-Pinellas 4,363,000 - 4,363,000 4,098,161 - 264,839 96374 Line Relocation-Pinellas Capital 3,033,500 - 3,033,500 2,457,987 7,195 568,318 96376 Line Relocation - Pasco Maint 334,140 - 334,140 146,186 - 187,954 96377 Pinellas New Mains / Serv Lines 39,496,650 - 39,496,650 35,324,402 5,100 4,167,148 96378 Pasco New Mains / Serv Lines 25,386,980 - 25,386,980 22,478,484 59,280 2,849,216 96379 Pasco Gas Meter Change Out 1,392,821 - 1,392,821 846,348 - 546,473 96381 Line Reloc-Pasco-Capitalized 1,539,160 - 1,539,160 1,277,613 786 260,761 96382 Gas Inventory - Work Mgmt Sys 1,742,000 - 1,742,000 856,268 - 885,732 96384 Gas System - Pinellas Building 28,857,855 - 28,857,855 27,630,631 555,464 671,761 96385 Gas Main Extensions 1,807,845 - 1,807,845 1,503,357 - 304,488 96386 Expanded Energy Conservation 14,878,589 - 14,878,589 12,103,120 - 2,775,468 96387 Natural Gas Vehicle 7,484,584 - 7,484,584 4,677,771 2,373,967 432,846 96389 Future IMS Software & Hardware 1,450,000 - 1,450,000 361,793 - 1,088,207 96391 Gas System Pasco Building 700,000 - 700,000 - - 700,000 M1904 Pinellas Building Equip R&R 800,000 - 800,000 - - 800,000 Sub-Total 136,208,023 - 136,208,023 116,137,237 3,073,799 16,996,987 28 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2021 - DECEMBER 31, 2021 Budget Revised Project Open Available Amend Description 10/1/21 Amdmts Budget To Date Encumbran Balance Status Ref Actual Expenditures Solid Waste Control Services 96426 Facility R & R 3,027,608 - 3,027,608 1,849,997 24,049 1,153,562 96443 Res Container Acquisition 2,326,741 - 2,326,741 1,672,966 - 653,775 96444 Comm Container Acquisition 4,695,420 - 4,695,420 3,949,015 13,970 732,435 96445 Solar Trash & Recycling Kiosks 364,414 - 364,414 239,182 - 125,232 96448 Solid Waste CNG Station 150,000 - 150,000 - - 150,000 96449 Solid Waste Truck Wash Fac 555,500 - 555,500 - - 555,500 96804 Recycling Carts/Dumpsters 1,426,650 - 1,426,650 894,412 - 532,238 96805 Recycling Expan/Particip/R&R 1,341,525 - 1,341,525 1,222,936 - 118,589 C2005/L2005 Underground Refuse Program 1,945,090 - 1,945,090 1,112,324 292,187 540,579 L2201 SW/Recyc Add Veh & Equip 185,000 - 185,000 - - 185,000 SR00180003 Processing Ctr Building Replace 5,062,633 - 5,062,633 4,396 5,058,237 SRTS180001 S.W.Transfer Station Rebuild 19,650,130 - 19,650,130 19,051,177 34,149 564,804 Sub-Total 40,730,710 - 40,730,710 29,996,404 364,355 10,369,951 Water-Sewer Combination Services 96212 Sanitary Sewer Upgrades/Impr 44,040,261 (20,694,830) 23,345,431 7,515,689 2,703,419 13,126,324 7 96213 Marshall Street Upgrades/Impr 15,744,299 - 15,744,299 5,937,016 5,879,701 3,927,582 96214 East Plant Upgrades/Improve 4,150,000 - 4,150,000 343,950 275,901 3,530,148 96215 N.E. Plant Upgrades/Improve 32,263,620 - 32,263,620 4,824,298 17,862,389 9,576,934 96216 Laboratory Upgrade/Improve 1,155,079 - 1,155,079 12,168 - 1,142,912 96217 Pump Station R&R 1,950,192 (600,000) 1,350,192 591,783 4,843 753,566 8 96523 Pub Utilities Adm Bldg R&R 556,703 - 556,703 436,694 - 120,009 96526 Public Utility Admin Building 1,004,306 - 1,004,306 - - 1,004,306 96630 Sanitary Sewer Extension 15,182,068 - 15,182,068 12,606,807 12,907 2,562,355 96634 Sanitary Sewer Relocation 4,629,932 (237,439) 4,392,493 3,355,402 127,772 909,318 9 96645 Laboratory Upgrade & R&R 1,146,761 - 1,146,761 1,126,761 - 20,000 96654 Facilities Upgrade & Improve 13,779,876 - 13,779,876 10,712,615 296,536 2,770,725 96664 Water Pollution Control R & R 32,260,864 (4,179,000) 28,081,864 17,405,572 3,981,570 6,694,722 10 96665 Sanitary Sewer R&R 56,346,228 (2,182,770) 54,163,458 36,905,699 12,769,402 4,488,357 11 96686 Pump Station Replacement 13,613,137 (2,200,000) 11,413,137 5,068,302 883,577 5,461,258 12 96721 System R & R - Maintenance 9,020,686 495,000 9,515,686 2,934,503 76,339 6,504,844 13 96722 Line Relocation - Maintenance 10,718,140 (6,071,672) 4,646,468 3,624,731 102,772 918,966 14 96739 Reclaimed Water Dist Sys 47,316,014 - 47,316,014 45,375,997 440,159 1,499,857 96742 Line Relocation-Capitalized 5,869,275 - 5,869,275 4,255,780 - 1,613,495 96744 System Expansion 3,709,043 - 3,709,043 3,223,618 - 485,425 96764 RO Plant Exp Res #1 16,499,527 - 16,499,527 13,191,314 52,379 3,255,834 96767 RO Plant at Res #2 49,495,439 - 49,495,439 41,784,172 885,174 6,826,093 96773 Groundwater Replenishm Fac 20,900,118 - 20,900,118 5,902,487 - 14,997,631 96782 RO Plant @WTP #3 2,069,594 - 2,069,594 345,076 5,749 1,718,769 96783 Water Sys Upgrades/Improve 9,953,600 - 9,953,600 1,218,032 1,603,260 7,132,308 96784 Reclaim Water Distrib Sys R&R 2,340,936 1,500,000 3,840,936 992,460 460,617 2,387,858 15 96785 Feasibility Studies/Evalu - Water 3,755,000 - 3,755,000 2,212,416 277,133 1,265,451 96786 Devices/Equipments - Water 1,100,000 - 1,100,000 - - 1,100,000 G2206 Portable Generators 630,000 - 630,000 - - 630,000 L1904/l1905/ M2008 Vehicle & Equip-Sewer 1,077,913 - 1,077,913 693,212 304,127 80,574 M1905 Marshall Street Plant R&R 4,160,000 - 4,160,000 212,746 190,655 3,756,599 M1906 Northeast Plant R&R 2,029,313 - 2,029,313 430,513 8,717 1,590,083 M1907 East Plant R&R 5,165,000 - 5,165,000 268,179 3,874 4,892,947 M1908 RO Plant Exp Res #1 R&R 1,300,000 - 1,300,000 40,155 2,045 1,257,800 M1909 RO Plant at Res #2 R&R 1,250,000 - 1,250,000 66,546 969 1,182,485 M1910 Water Treatment Plant #3 R&R 898,851 - 898,851 2,046 969 895,836 M2103 Utilities Bldg & Maint 1,000,000 - 1,000,000 32,075 - 967,925 Sub-Total 438,081,774 (34,170,711) 403,911,063 233,648,815 49,212,953 121,049,295 29 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2021 - DECEMBER 31, 2021 Budget Revised Project Open Available Amend Description 10/1/21 Amdmts Budget To Date Encumbran Balance Status Ref Actual Expenditures Flood Protection/SW Management C1908 Stormwater Vehicles & Equip 4,388,380 - 4,388,380 3,249,784 394,918 743,678 ENST180001 Stormwater Pipe System Improve 13,389,067 - 13,389,067 3,551,266 2,990,589 6,847,212 ENST180002 Allen's Creek 2,816,271 - 2,816,271 2,509,926 - 306,345 ENST180003 Stormwater System Expansion 1,094,986 - 1,094,986 - - 1,094,986 ENST180004 Stevenson Creek 2,935,066 - 2,935,066 37,612 19,310 2,878,145 ENST180005 Coastal Basin 4,328,800 (450,000) 3,878,800 2,799,471 169,062 910,267 16 ENST180006 Alligator Creek Watershed 3,592,512 - 3,592,512 444,062 192,205 2,956,244 ENST180008 Hillcrest Bypass Culvert 4,096,167 - 4,096,167 3,611,508 - 484,658 ENST180010 Lower Spring Branch Improve 2,320,000 - 2,320,000 265,153 43,891 2,010,956 Sub-Total 38,961,249 (450,000) 38,511,249 16,468,782 3,809,974 18,232,492 Other Physical Environment 93422 Dredging of City Waterways 1,246,204 - 1,246,204 483,487 - 762,717 C2208 Coopers Point 1,400,000 - 1,400,000 - - 1,400,000 ENGF180006 City-wide Docks and Seawall 2,586,739 - 2,586,739 1,294,552 - 1,292,188 ENGF180010 Pollutant Storage Tank 419,408 - 419,408 43,380 - 376,028 ENGF180011 Environmental Assmt & Clean-up 763,636 - 763,636 106,062 22,398 635,176 ENGF180012 Public Works Complex 1,615,664 - 1,615,664 1,926 - 1,613,738 ENGF180014 Seminole Boat Launch Improve 6,752,000 - 6,752,000 4,288,508 53,125 2,410,367 M2002 Environ Park Remediate & Protect 150,000 - 150,000 - - 150,000 M2006 Right of Way Tree Mgt Prog 500,000 - 500,000 78,217 - 421,784 Sub-Total 15,433,651 - 15,433,651 6,296,131 75,523 9,061,997 Road and Street Facilities C2102 Fort Harrison Reconstruction 11,015,576 - 11,015,576 - - 11,015,576 C2103 Downtown Streetscaping 15,864,691 1,659,111 17,523,802 3,086,138 12,107,042 2,330,622 17 C2105 Mercado - Downtown Gateway 500,000 427,795 927,795 927,795 - - 18 ENGF180001 Downtown Streetscaping 1,644,610 - 1,644,610 1,567,006 - 77,605 ENGF200003 Memorial Causeway Bridge Lighting 200,000 - 200,000 152,656 - 47,344 ENRD180002 Bridge Maintenance & Improve 8,849,747 - 8,849,747 925,167 3,930,064 3,994,516 ENRD180003 Traffic Calming 2,205,031 - 2,205,031 395,044 - 1,809,987 ENRD180004 Streets and Sidewalks 21,072,094 - 21,072,094 10,468,166 1,791,156 8,812,773 ENRD180005 City-Wide Intersection Improve 2,613,430 - 2,613,430 866,266 - 1,747,164 ENRD180006 Traffic Signals 1,284,534 - 1,284,534 804,294 128,165 352,075 ENRD180007 Traffic Safety Infrastructure 1,281,765 - 1,281,765 732,760 151,176 397,829 Sub-Total 66,531,479 2,086,906 68,618,385 19,925,292 18,107,603 30,585,491 Airpark 94817 Airpark Maintenance & Repair 338,976 269 339,245 255,076 - 84,169 19 G1901 Replace Hangar C 1,305,000 - 1,305,000 1,071,100 223,378 10,522 G2012 Clw Airpark Vehicle Replace 32,018 (1,345) 30,673 30,673 - - C 20 G2108 Security System Upgrade 150,000 - 150,000 66,484 7,169 76,347 Sub-Total 1,825,994 (1,076) 1,824,918 1,423,333 230,547 171,038 Water Transportation System 93415 Waterway Maintenance 750,000 - 750,000 480,686 38,829 230,485 Sub-Total 750,000 - 750,000 480,686 38,829 230,485 Parking Facilities ENPK180001 Parking Lot Resurfacing 758,476 - 758,476 31,609 - 726,867 ENPK180002 Parking Lot Improvements 2,268,802 - 2,268,802 571,801 - 1,697,001 ENPK180003 Parking Facilities 2,169,348 - 2,169,348 907,966 56,718 1,204,664 M2102 Seminole Boat Launch Maint 225,125 - 225,125 19,075 - 206,050 Sub-Total 5,421,752 - 5,421,752 1,530,452 56,718 3,834,582 30 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2021 - DECEMBER 31, 2021 Budget Revised Project Open Available Amend Description 10/1/21 Amdmts Budget To Date Encumbran Balance Status Ref Actual Expenditures Other Transportation 92842 City Wayfinding Project 2,050,000 - 2,050,000 759,052 461,158 829,790 ENGF180002 Downtown Intermodal 924,756 - 924,756 - - 924,756 ENGF180003 Miscellaneous Engineering 354,146 - 354,146 85,347 - 268,800 ENGF180004 Survey Equipment Replacement 33,788 - 33,788 - - 33,788 ENGF180013 Imagine Clearwater 84,661,322 - 84,661,322 17,151,357 63,891,352 3,618,614 Sub-Total 88,024,013 - 88,024,013 17,995,756 64,352,510 5,675,747 Libraries 93527 Books & Other Lib Materials 7,696,601 - 7,696,601 7,645,242 - 51,358 93530 Consolidated Eastside/SPC Libr 5,430,000 - 5,430,000 5,300,608 - 129,392 93532 Libr Maker Space Maint. & Up 282,560 - 282,560 200,775 - 81,785 93534 Library FF&E Repair & Replace 480,000 - 480,000 138,913 - 341,087 94861 Library Technology 1,525,000 - 1,525,000 1,320,243 - 204,757 Sub-Total 15,414,161 - 15,414,161 14,605,782 - 808,379 Parks & Recreation 93133 Park Land Acquisition 1,627,351 - 1,627,351 1,623,963 - 3,388 93247 Fitness Equipment Replacement 550,000 - 550,000 496,447 - 53,553 93271 Swimming Pool R&R 1,742,876 - 1,742,876 1,123,245 468,137 151,495 93272 Bicycle Paths-Bridges 5,420,232 (1,050,000) 4,370,232 3,978,975 24,870 366,387 21 93286 Parking Lot/Bike Path Rsr/Imprv 1,026,618 (40,000) 986,618 610,327 - 376,291 22 93602 Sp Events Equip Rep & Rplcmnt 360,000 - 360,000 323,389 - 36,611 93604 Brdwlks & Docks Rep & Rplcmnt 905,000 - 905,000 662,124 229,379 13,497 93618 Miscellaneous Park & Rec Contract 935,000 - 935,000 513,697 14,731 406,572 93634 Concrete Sidewalk & Pad Repair 488,176 - 488,176 288,162 60,679 139,335 93635 Park Amenity Purch & Rplcmnt 1,460,210 - 1,460,210 1,137,387 124,449 198,375 93636 Tennis Court Resurfacing 1,150,311 - 1,150,311 820,070 3,055 327,185 93637 Playground & Fitness Purch & Rplc 1,358,198 53,000 1,411,198 1,104,847 283,659 22,692 23 93638 Fencing Replacement Program 1,229,664 - 1,229,664 885,879 14,440 329,345 93646 Rest Rm Expan-Barefoot Bch House 520,950 - 520,950 518,374 1,500 1,076 93667 Del Oro Park Renovations 450,000 2,236,000 2,686,000 4,494 - 2,681,506 24 93672 Clw Bch Infrast Repairs & Improve 447,690 - 447,690 401,004 - 46,686 93673 Jack Russell Stadium Improve 1,154,582 (102,852) 1,051,730 1,051,730 - - 25 C1902 Long Center Parking Improve 550,000 - 550,000 422,443 73,476 54,081 C1903 Phillies Entrance Sign 150,000 - 150,000 - - 150,000 C1904 Ruth Eckerd Hall 8,500,000 - 8,500,000 7,000,000 - 1,500,000 C2002 Ed Wright Park Renovations 600,000 - 600,000 - - 600,000 C2202 Long Center Major Reno 2,000,000 - 2,000,000 2,030 49,087 1,948,883 C2209 Neighborhood Park Renovations 400,000 (400,000) - - - - 26 L1901 P&R Vehicle and Equip Additions 546,210 - 546,210 481,007 39,431 25,772 M1915 Belmont Park Revitalization 627,909 - 627,909 317,352 232,347 78,211 ENGF180007 Phillip Jones Park Renovations 224,726 - 224,726 52,204 10,994 161,528 Sub-Total 34,425,704 696,148 35,121,852 23,819,149 1,630,232 9,672,470 Cultural Services A1901 Miscellaneous Minor Public Art 202,079 - 202,079 77,033 - 125,046 A2201 Cultural Arts Plan 70,000 - 70,000 - - 70,000 Sub-Total 272,079 - 272,079 77,033 - 195,046 31 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2021 - DECEMBER 31, 2021 Budget Revised Project Open Available Amend Description 10/1/21 Amdmts Budget To Date Encumbran Balance Status Ref Actual Expenditures Special Recreation Facilities 93203 Carpenter Field-Infras Rep/Imprv 932,817 - 932,817 730,514 126,095 76,208 93205 Baycare Ballpark Infrast Rep/Improv 5,257,649 653 5,258,302 3,716,240 1,027,046 515,016 27 93278 Long Center Infra Repairs 2,430,815 (53,000) 2,377,815 2,274,090 7,076 96,649 28 93410 Clwr Harbor Marina Maint R&R 372,500 - 372,500 323,670 7,400 41,430 93418 Utilities Services Replacement 512,714 - 512,714 170,456 - 342,258 93420 Fuel System R & R 222,752 - 222,752 150,297 - 72,454 93499 Pier 60/Sailing Center Maint 601,952 (230,000) 371,952 344,505 218 27,228 29 93620 Sports Field Lighting 750,362 - 750,362 282,887 351,589 115,886 93633 Pier 60 Pk & Bchwlk Rep & Improv 1,839,377 - 1,839,377 1,069,155 5,726 764,497 93642 Phillip-Jones Restroom/Concess 557,944 - 557,944 279,688 2,000 276,255 93650 Crest Lake Park Improvement 7,690,532 - 7,690,532 7,331,691 181,027 177,815 93654 Recreation Centers Infras Repairs 732,468 - 732,468 420,250 22,850 289,368 C1905 Beach Marina Upgrade 2,150,000 - 2,150,000 15,758 1,484,175 650,068 C1906 Clw Harbor Marina Repl & Up 406,000 - 406,000 142,880 149,100 114,019 C2001 Athletic Flds & Fac Reno/Improve 8,500,000 - 8,500,000 - - 8,500,000 C2203 Ross Norton Skate Park 110,000 - 110,000 - - 110,000 C2204 Soccer Reno EC Moore 40,000 - 40,000 - - 40,000 C2205 Enterprise Dog Park 220,000 40,000 260,000 - 231,011 28,989 30 C2210 Sailing Center Dock Replacement - 732,852 732,852 - - 732,852 31 M1902 Marine Fac Maint Dock R&R 514,970 - 514,970 320,026 8,903 186,041 Sub-Total 33,842,852 490,504 34,333,357 17,572,108 3,604,215 13,157,034 TOTAL ALL PROJECTS 1,033,058,103 (26,403,885) 1,006,654,218 556,284,134 162,580,956 285,045,131 32 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment General Government Programs Lien Foreclosure Program 1 M1913 125,000 To record a budget increase of $125,000.00 in fine revenues to bring the budget in line with actual receipts.125,000 General Government Totals:125,000 - 125,000 Public Safety Programs Foreclosure Registry - Nuisance Abatement 2 98609 7,200 To record a budget increase of $7,200.00 which represents foreclosure registry fees collected to date to bring the budget in line with actual receipts.7,200 Hurricane Irma 3 98610 411,996 To record a budget increase of $411,996.09 in federal and state Irma reimbursements to bring the budget in line with actual receipts.411,996 Police Extra Duty 4 99215 507,355 To record a budget increase of $507,354.75 in police service revenue to bring the budget in line with actual receipts.507,355 Federal Forfeiture Treasury 5 99281 28,651 To record a budget increase of $28,281.59 in revenues from the US Department of Justice and $369.42 in interest earnings which will bring the budget in line with actual receipts.28,651 Police Education Fund 6 99317 13,943 To record a budget increase of $13,943.14 in police education fine revenue which will bring the budget in line with actual receipts.13,943 Investigative Costs Recovery 7 99329 67,480 To record a budget increase of $22,804.41 in grant revenues,and an increase of $44,676.01 in fines,forfeitures and penalties revenue to bring the budget in line with actual receipts. 67,480 Florida Contraband Forfeiture Fund 8 99330 48,172 To record a budget increase of $45,699.05 in fines,forfeitures and penalties revenue and an increase of $2,472.48 of interest earnings which will bring the budget in line with actual receipts.48,172 Vehicle Replacement Fund 9 99350 49,834 To record a budget increase representing a transfer of $49,833.50 from 99215,Police Extra Duty.This represents revenue collected for vehicle usage on extra duty jobs.49,834 Special Program Fund First Quarter Amendments FY 2021/22 33 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Special Program Fund First Quarter Amendments FY 2021/22 Public Safety Programs (continued) Safe Neighborhood Program 10 99356 75,000 To record an increase of $75,000.00 transferred from 99330, Florida Contraband Forfeiture Fund to support community outreach programs.75,000 Crime Prevention Program 11 99364 850 To record a budget increase of $850.00 in donation revenues.This will bring the budget in line with actual receipts.850 Federal Forfeiture Sharing 12 99387 17,079 To record an increase of $13,462.12 in grant revenues from the US Department of Justice,and $3,616.54 of interest earnings which will bring the budget in line with actual receipts.17,079 COVID-19 Prep & Response 13 D2001 500 To record a budget increase of $500.00 in surplus revenue representing trade-in credit on the purchase of equipment.This will bring the budget in line with revenues received.500 School Resource Officers 14 P1801 595,633 To record a budget increase of $10,252.41 in reimbursement revenue from the Pinellas County School Board (PCSB)for SRO extra duty and fiscal year 2020/21 contract increase;and increase of $392,812.32 in reimbursement revenue from PCSB for the annual agreement,and transfer of $192,568.00 in fine,forfeiture and penalty revenue from program 99330,Florida Contraband Forfeiture Fund to fund the 2021/22 school year as approved by the Council on February 18, 2021.595,633 Police Body Worn Camera Program 15 P2002 121,669 To record a budget increase of $27,900.00 in grant revenue from the US Department of Justice for receipt of the FY21 Edward Byrne Memorial Justice Assistance Grant as approved by the Council on November 18, 2021. Amendments also include increases representing transfers of $40,455.00 from special program 99387,Federal Forfeiture Sharing and $53,314.00 of General Fund revenue as approved by the Council on December 16,2021 to fund additional body camera equipment.121,669 34 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Special Program Fund First Quarter Amendments FY 2021/22 Public Safety Programs (continued) DEA Overtime Reimbursement - NEW PROGRAM 16 P2201 10,000 To establish the project and record a budget increase of $10,000.00 in reimbursement revenue from the Drug Enforcement Agency (DEA)to account for special duty assignments.10,000 ESST Overtime Reimbursement - NEW PROGRAM 17 P2202 2,000 To establish the project and record a budget increase of $2,000.00 in reimbursement revenue from the Florida Department of Law Enforcement (FDLE)to account for special duty assignments related to the Electronic Surveillance support Team (ESST).2,000 FBI Overtime Reimbursement - NEW PROGRAM 18 P2203 10,000 To establish the project and record a budget increase of $10,000.00 in reimbursement revenue from the Federal Bureau of Investigation (FBI) to account for special duty assignments.10,000 Secret Service Overtime Reimbursement - NEW PROGRAM 19 P2204 10,000 To establish the project and record a budget increase of $10,000.00 in reimbursement revenue from the US Secret Services Agency to account for special duty assignments.10,000 Public Safety Program Totals:1,977,361 - 1,977,361 Physical Environment Programs Tree Replacement Program 20 99970 15,360 To record a budget increase of $15,360.00 in fines,forfeiture and penalties revenue to bring the budget in line with actual receipts.15,360 Physical Environment Programs Program: Totals:15,360 - 15,360 Economic Environment Programs Public Facilities 2018 - CLOSE PROGRAM 21 99764 36,093 (98,428) To record a budget increase of $36,092.52 in CDBG program income revenue from the NSP3 closeout,and budget transfers of Community Development Block Grant revenue of $39,002.37 to G2201,Public Facilities 2022 and $59,425.79 to G2202,Economic Development 2022.(62,336) Public Facilities 2019 - CLOSE PROGRAM 22 G1902 826 (85,333) To record a budget increase of $826.12 in CDBG program income revenue from the NSP3 closeout,and budget transfer of $85,333.00 in Community Development Block Grant revenue to G2202, Economic Development 2022.(84,507) 35 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Special Program Fund First Quarter Amendments FY 2021/22 Economic Environment Programs (Continued) Public Facilities 2020 - CLOSE PROGRAM 23 G2004 64,661 (65,165) To record a budget increase of $64,661.37 in CDBG program income revenue from the NSP3 closeout,and budget transfers of Community Development Block Grant revenue of $29,543.58 to G2201,Public Facilities 2022 and $35,621.50 to G2202,Economic Development 2022.(504) Public Facilities 2021 24 G2101 198,534 - To record a budget increase of $198,534.00 in CDBG program income revenue from the NSP3 closeout.198,534 Economic Development 2021 25 G2102 65,836 - To record a budget increase of $65,835.78 in CDBG program income revenue from the NSP3 closeout.65,836 Program Administration 2021 - CLOSE PROGRAM 26 G2103 69,323 (113,134) To record a budget increase of $69,323.42 in CDBG program income revenue from the NSP3 closeout,and budget transfer of $113,134.05 in Community Development Block Grant revenue to G2203, Program Administration 2022.(43,811) Public Services 2021 27 G2105 57,898 To record a budget increase of $57,898.27 in CDBG program income revenue from the NSP3 closeout.57,898 Public Facilities 2022 28 G2201 68,546 To record budget transfers in Community Development Bock Grant (CDBG)revenues of $39,002.37 from 99764,Public Facilities 2018; and $29,543.58 from G2004, Public Facilities 2020.68,546 Economic Development 2022 29 G2202 180,380 To record budget transfers in Community Development Bock Grant (CDBG)revenues of $59,425.79 from 99764,Public Facilities 2018; $85,333.00 from G1902, Public Facilities 2019; and $35,621.50 from G2004, Public Facilities 2020.180,380 Program Administration 2022 30 G2203 113,134 To record a budget transfer of $113,134.05 in Community Development Bock Grant (CDBG)revenue from G2103,Program Administration 2021.113,134 Economic Environment Program Totals:493,171 - 493,171 36 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Special Program Fund First Quarter Amendments FY 2021/22 Human Services Programs JWB Youth Programming 31 G2107 394,095 To record a budget increase of $394,095.00 in governmental revenue from the Juvenile Welfare Board (JWB)for fiscal year 2021/22 youth programs as approved by the Council on September 16, 2021.394,095 Human Services Program: Totals:394,095 - 394,095.00 Culture and Recreation Programs Library Special Account 32 99910 2,425 To record a budget increase of $2,425.00 in donation revenue to bring the budget in line with actual receipts.2,425 Special Events 33 PRSE190001 181,858 To record a net budget increase of $14,107.92 in reimbursement revenue to bring the budget in line with actual receipts. Amendments also include an increase of $167,750.00 in General Fund revenue to account for overtime costs for Police Officers at City sponsored events.181,858 Culture and Recreation Program Total:184,283 - 184,283 3,189,270 - 3,189,270 Total Budget Increase/(Decrease): 37 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Special Program Fund First Quarter Amendments FY 2021/22 Intrafund/Interfund Transfers Peg Access Support - CLOSE PROGRAM 99925 1,344 To record a transfer of $1,343.77 to capital project 315-M2201, Studio/Production Equipment. This program will be closed. Police Extra Duty 99215 49,834 To record a transfer of $49,833.50 to 99350,Vehicle Replacement,representing revenue collected for vehicle usage on extra duty jobs. Florida Contraband Forfeiture Fund 99330 267,568 To record a transfer of $75,000.00 to 99356,Safe Neighborhood Program,used to meet the Florida Contraband Forfeiture Act requirement to community programs;and a transfer of $192,568.00 to P1801,School Resource Officers (SRO)to provide additional funding needed for the fiscal year 2021/22 SRO contract. Federal Forfeiture Sharing 99387 40,455 To record a transfer of $40,455.00 to P2002,Police Body Worn Camera Program, as approved by Council on December 16, 2021. Total Interfund Transfers:359,200 38 SPECIAL PROGRAM STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2021 - DECEMBER 31, 2021 Actual Expenditures Revised Revised Project Open Available Amend Description Budget Amdmt Budget To Date Encumbr Balance Status Ref GENERAL GOVERNMENT PROGRAMS 99857 Stimulus - Elctrnc Plan Submittal & Rev 289,000 - 289,000 149,927 - 139,073 99925 Peg Access Support 838,261 - 838,261 838,261 - - C 99928 Nagano Sister City Program 341,519 - 341,519 172,446 - 169,073 M1913 Lien Foreclosure Program 725,984 125,000 850,984 385,631 - 465,353 1 M2101 Planning Studies Fund 750,000 - 750,000 169,617 81,308 499,075 G2109 American Rescue Plan Act Fund 11,241,947 - 11,241,947 - - 11,241,947 Sub-Total 14,186,710 125,000 14,311,710 1,715,882 81,308 12,514,521 PUBLIC SAFETY PROGRAMS 98609 Foreclosure Registry-Nuisance Abtmnt 153,700 7,200 160,900 22,163 - 138,738 2 98610 Hurricane Irma 3,506,686 411,996 3,918,682 2,706,118 - 1,212,563 3 99215 Police Extra Duty 4,924,539 507,355 5,431,894 5,167,391 - 264,504 4 99279 Police Recruitments 231,010 - 231,010 145,149 - 85,861 99281 Fed Forfeitures - Treasury 167,234 28,651 195,885 47,433 - 148,452 5 99316 Police Volunteers 158,519 - 158,519 146,461 - 12,058 99317 Police Education Fund 1,414,856 13,943 1,428,799 1,304,567 - 124,231 6 99329 Investigative Recovery Costs 2,796,014 67,480 2,863,495 2,507,899 - 355,595 7 99330 FL Contraband Forfeiture Fund 1,021,489 48,172 1,069,661 1,025,276 - 44,384 8 99350 Vehicle Replacement Fund 661,532 49,834 711,365 44,133 - 667,232 9 99356 Safe Neighborhood Program 1,352,719 75,000 1,427,719 1,314,131 - 113,588 10 99364 Crime Prevention Program 240,574 850 241,424 169,884 11,000 60,540 11 99387 Federal Forfeiture Sharing 2,462,883 17,079 2,479,961 1,910,972 - 568,989 12 99927 Emergency Operations 4,328,870 - 4,328,870 3,223,029 37,976 1,067,865 99982 EMS Incentive/Recognition 69,700 - 69,700 41,088 - 28,612 D2001 COVID-19 Prep & Response 1,980,740 500 1,981,240 593,276 50,394 1,337,570 13 G2110 Pedestrian/Bicycle Safety Grant 2022 21,455 - 21,455 17,865 - 3,590 P1801 School Resource Officers 1,670,795 595,633 2,266,427 1,744,192 - 522,235 14 P2002 Police Body Worn Camera Program 761,253 121,669 882,922 640,006 - 242,916 15 P2101 Mental Health Co-Responder Team 143,200 - 143,200 107,400 - 35,800 P2201 DEA OT Reimbursement Program - 10,000 10,000 1,107 - 8,893 16 P2202 ESST OT Reimbursement Program - 2,000 2,000 81 - 1,919 17 P2203 FBI OT Reimbursement Program - 10,000 10,000 1,543 - 8,457 18 P2204 Secret Service OT Reimb Program - 10,000 10,000 1,543 - 8,457 19 Sub-Total 28,067,766 1,977,361 30,045,127 22,882,707 99,370 7,063,050 PHYSICAL ENVIRONMENT PROGRAMS 99970 Tree Replacement Program 1,956,306 15,360 1,971,666 965,855 58,534 947,277 20 Sub-Total 1,956,306 15,360 1,971,666 965,855 58,534 947,277 ECONOMIC ENVIRONMENT PROGRAMS 99764 Public Facilities 2018 443,768 (62,336) 381,432 381,432 - (0) C 21 99802 Brownfield Revolving Loan 1,216,732 - 1,216,732 420,381 796,351 99846 Economic Development - QTI 166,879 - 166,879 71,591 - 95,288 G1902 Public Facilities 2019 319,253 (84,507) 234,746 234,746 - (0) C 22 G2004 Public Facilities 2020 105,345 (504) 104,841 104,841 - (0) C 23 G2010 CDBG-CV Fund 1,549,338 - 1,549,338 234,263 80,314 1,234,760 G2011 Back to Business Grant Program 3,550,000 - 3,550,000 1,427,498 - 2,122,502 G2101 Public Facilities 2021 492,291 198,534 690,825 312,247 144,991 233,587 24 G2102 Economic Development 2021 100,000 65,836 165,836 86,100 13,900 65,836 25 G2103 Program Administration 2021 182,446 (43,811) 138,635 138,635 - - C 26 G2105 Public Services 2021 155,486 57,898 213,384 120,477 15,622 77,285 27 M2009 Afford Housing & Comm Development 290,853 - 290,853 13,962 - 276,891 M2105 ED Strategic Plan 153,896 - 153,896 - - 153,896 G2201 Public Facilities 2022 671,925 68,546 740,471 - 644,925 95,546 28 39 SPECIAL PROGRAM STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2021 - DECEMBER 31, 2021 Actual Expenditures Revised Revised Project Open Available Amend Description Budget Amdmt Budget To Date Encumbr Balance Status Ref ECONOMIC ENVIRONMENT PROGRAMS (CONTINUED) G2202 Economic Development 2022 229,866 180,380 410,246 - 100,000 310,246 19 G2203 Program Administration 2022 118,637 113,134 231,771 13,075 30,965 187,731 30 G2204 Infill Housing 2022 86,154 - 86,154 - - 86,154 G2205 Public Services 2022 226,560 - 226,560 24,499 202,061 - Sub-Total 10,059,430 493,171 10,552,601 3,583,749 1,232,778 5,736,075 HUMAN SERVICES PROGRAMS 98601 Next Steps to Better Nutrition 9,000 - 9,000 6,574 - 2,426 98607 Senior Citizens Services - Trips 14,000 - 14,000 10,858 - 3,142 99562 HUD Special Education 30,000 - 30,000 27,600 - 2,400 99844 United Way 16,580 - 16,580 11,645 - 4,935 99869 Health Prevention Program 190,269 - 190,269 180,134 - 10,135 G2107 JWB Youth Programming 802,228 394,095 1,196,323 478,412 1,200 716,711 31 Sub-Total 1,062,077 394,095 1,456,172 715,223 1,200 739,749 CULTURE AND RECREATION PROGRAMS 98608 Clark-Turner Trust (Library)106,077 - 106,077 - - 106,077 99910 Library Special Account 890,525 2,425 892,950 863,250 - 29,700 32 G1907 Clearwater for Youth Grants 30,000 - 30,000 13,074 - 16,926 PRSE190001 Special Events 2,635,227 181,858 2,817,085 - - 2,817,085 33 Sub-Total 3,661,829 184,283 3,846,112 876,324 - 2,969,788 TOTAL ALL PROJECTS 58,994,119 3,189,270 62,183,389 30,739,740 1,473,190 29,970,459 40 City of Clearwater SPECIAL DEVELOPMENT FUND First Quarter FY 2021/22 Increase/ (Decrease)Description Revenues No amendments are proposed to Special Development Fund revenues at first quarter. -$ Net Revenue Amendments Expenditures No amendments are proposed to Special Development Fund expenditures at first quarter. -$ Net Expenditure Amendments 41 SPECIAL REVENUE FUNDS First Quarter: October 1, 2021 - December 31, 2021 Original First Quarter Budget Amended Budget 2021/22 2021/22 Amendments Revenues: Ad Valorem Taxes 3,634,340 3,634,340 - Infrastructure Tax 12,699,480 12,699,480 - Interest Earnings 300,000 300,000 - Open Space Fees - - Recreation Facility Impact Fees - - - Recreation Land Impact Fees - - - Fee in Lieu of Sidewalks - - - Multi-Modal Impact Fees 150,000 150,000 - Local Option Gas Tax 1,350,000 1,350,000 - Allocation of Assigned Fund Balance - - - 18,133,820 18,133,820 - Expenditures: Transfer to Capital Improvement Fund Road Millage 3,634,340 3,634,340 - Infrastructure Tax 5,350,300 5,350,300 - Recreation Facility Land Fees - - - Open Space Impact Fees - - - Multi-Modal Impact fees 140,000 140,000 - Local Option Gas Tax 1,327,150 1,327,150 - Infrastructure Tax - Debt on Internal L 6,000,000 6,000,000 - 16,451,790 16,451,790 - Revenues: CDBG/Home Funds 922,626 922,626 - Interest Earnings 75,000 81,458 6,458 Intergovernmental Revenue - 1,333,604 1,333,604 Charges for Service Revenue - 514,555 514,555 Judgments, Fines and Forfeit Revenue - 244,678 244,678 Miscellaneous Revenue - 17,883 17,883 Transfers from General Fund: Sister City Program 37,380 37,380 - Planning Study Fund 275,000 275,000 - United Way Campaign Fund 1,500 1,500 - Special Events 70,000 237,750 167,750 Economic Development Strategic Pla 88,230 88,230 - Police Recruitments 30,000 30,000 - Police Body Worn Camera Program 75,000 128,314 53,314 Transfers from other Housing Funds - 493,171 493,171 Transfers from Special Programs - 357,857 357,857 1,574,736 4,764,006 3,189,270 SPECIAL DEVELOPMENT FUND SPECIAL PROGRAM FUND 42 SPECIAL REVENUE FUNDS First Quarter: October 1, 2021 - December 31, 2021 Original First Quarter Budget Amended Budget 2021/22 2021/22 Amendments Expenditures: General Government 312,380 437,380 125,000 Public Safety 105,000 2,082,361 1,977,361 Physical Environment - 15,360 15,360 Economic Environment 820,831 1,314,002 493,171 Human Services 1,500 395,595 394,095 Culture and Recreation 70,000 254,283 184,283 Interfund Transfers 190,025 190,025 - Transfer to Capital Fund - - - 1,499,736 4,689,006 3,189,270 Revenues: HOME Investment Partnerships 452,259 452,259 - State Housing Initiatives Partnerships 779,230 779,230 - Total - HOME/SHIP Funds 1,231,489 1,231,489 - Expenditures: Economic Environment 1,108,344 1,108,344 - Interfund Transfers 123,145 123,145 - Total - HOME/SHIP Programs 1,231,489 1,231,489 - OTHER HOUSING ASSISTANCE FUNDS 43 ADMINISTRATIVE CHANGE ORDERS First Quarter Review FY 2021/22 44 In accordance with City of Clearwater Code Section 2.554(6), the City Manager may approve and execute change orders without City Council approval within certain limitations. The following change orders have been administratively approved since the last report to the Council based on the code specified criteria: 1. The city manager may increase any contract up to a total award of one hundred thousand dollars ($100,000.00). 2. The city manager may approve any increase of contract up to a maximum of ten percent (10%) over the most recent award of the city council. 3. No contract price increase shall be approved unless sufficient funds are available for such purpose. 4. Contract price decreases may be approved without limitation. 5. The time for completion may be extended up to ninety (90) days, in any one change or cumulatively for the same project, beyond the most recent city council approved completion time. ***** 09/15/21 Administrative Change Order #4 – Clearwater Gas System Facility Redevelopment (15-0043-GA). This change order increases items in accordance with field conditions resulting in a net increase to the contract. Walbridge Aldinger, LLC 108,887.46 09/15/21 Administrative Change Order #1 & Final – Marshall Street & Northeast WRF Crack Sealing (FDEP) (18-0046-UT). This change order increases and decreases items in accordance with field conditions resulting in a net decrease to close the contract. One Source Restoration & Building Services, Inc. (6,297.00) 01/07/22 Administrative Change Order #1 – Cleveland St. Streetscape Phase 3 & Festival Core (16-0003-EN). This change order increases and decreases items in accordance with field conditions resulting in no change to the contract total. Gibbs & Register, Inc. (0.00) Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9559-22 2nd rdg Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.25 SUBJECT/RECOMMENDATION: Adopt Ordinance 9559-22 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2022, to reflect a net decrease of $26,403,885. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/31/2022 48 Ordinance #9559-22 ORDINANCE NO. 9559-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2022, TO REFLECT A NET DECREASE OF $26,403,885 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2021 was adopted by Ordinance No. 9499-21; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Section 1 of Ordinance No. 9499-21 is amended to read: Pursuant to the First Quarter Amended Capital Improvement Program Report and estimated budget for the fiscal year beginning October 1, 2021 and ending September 30, 2022, a copy of which is on file with the City Clerk, the City Council hereby adopts a First Quarter Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank Hibbard, Mayor Approved as to form: Attest: ______________________________ ____________________________ David Margolis, City Attorney Rosemarie Call, City Clerk EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2021/22 First Qtr. Original Amended Budget Budget 2021/22 2021/22 Amendments Police Protection 1,905,500 1,905,500 - Fire Protection 1,005,000 4,983,000 3,978,000 Fire Rescue Services 458,280 458,280 - Road and Street Facilities 11,090,300 13,177,206 2,086,906 Flood Protection/Stormwater Mgmt 2,955,170 2,505,170 (450,000) Parking Facilities 734,000 734,000 - Other General Government 12,008,000 12,974,344 966,344 Special Recreation Facilities 7,258,030 7,748,534 490,504 Other Physical Environment 1,920,000 1,920,000 - Airports 25,000 23,924 (1,076) Other Transportation 51,500 51,500 - Libraries 110,000 110,000 - Gas Utility Services 10,900,000 10,900,000 - Parks & Recreation 2,286,000 2,982,148 696,148 Cultural Services 95,000 95,000 - Solid Waste Services 2,200,000 2,200,000 - Water Transportation Systems 150,000 150,000 - Water-Sewer Services 79,487,300 45,316,589 (34,170,711) TOTAL PROJECT EXPENDITURES 134,639,080 108,235,195 (26,403,885) GENERAL SOURCES: General Operating Revenue 12,210,030 15,710,030 3,500,000 Penny for Pinellas 5,350,300 5,350,300 - Road Millage 3,634,340 3,634,340 - Local Option Gas Tax 1,327,150 1,327,150 - Grants 385,000 383,924 (1,076) County Fire Reimbursements 290,000 1,424,000 1,134,000 Other Governmental - 427,795 427,795 Multi-Modal Impact Fee 140,000 140,000 - Special Program Fund - 1,344 1,344 Donations 50,000 50,000 - Other - 652 652 Transfer-in - 830,000 830,000 49 Ordinance # 9559-22 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2021/22 First Qtr. Original Amended Budget Budget 2021/22 2021/22 Amendments SELF SUPPORTING FUNDS: Parking Revenue 819,000 819,000 - Marine Revenue 1,190,000 1,190,000 - Clearwater Harbor Marina Revenue 150,000 150,000 - Airpark Revenue 25,000 25,000 - Water Revenue 15,696,000 15,696,000 - Sewer Revenue 19,685,350 19,685,350 - Utility R&R 11,964,700 11,964,700 - Water Impact Fees 160,000 160,000 - Sewer Impact Fees 50,000 50,000 Stormwater Utility Revenue 6,500,630 6,500,630 - Gas Revenue 10,900,000 10,900,000 - Solid Waste Revenue 775,000 775,000 Recycling Revenue 1,240,000 1,240,000 - INTERNAL SERVICE FUNDS: Garage Revenue 365,700 365,700 - Administrative Services Revenue 1,820,000 1,820,000 General Services Revenue 100,000 100,000 Central Insurance Revenue 28,280 28,280 BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 106,000 106,000 - BORROWING - SELF SUPPORTING FUNDS: Bond Financing - Water & Sewer Fund 32,961,600 - (32,961,600) Lease Purchase - Water & Sewer Fund 428,000 428,000 - Lease Purchase - Solid Waste/Recycling 185,000 185,000 - BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 5,702,000 6,367,000 665,000 Lease Purchase - Administrative Services 400,000 400,000 - TOTAL ALL FUNDING SOURCES:134,639,080 108,235,195 (26,403,885) 50 Ordinance # 9559-22 First Quarter Budget Review Fiscal Year 2021-22 Memorandum TO: Mayor and City Council FROM: Jon Jennings, City Manager COPIES: Micah Maxwell, Assistant City Manager Michael Delk, Assistant City Manager SUBJECT: First quarter budget review - amended City Manager's annual budget report DATE: February 24, 2022 Attached is the first quarter budget review in accordance with the City Code of Ordinances. This report is based on the first three months of activity in the current fiscal year (October 2021 through December 2021). Contained within are comments on major variances and documentation of all proposed amendments. Significant Fund amendments are outlined below: General Fund General Fund revenue and expenditure amendments reflect a net increase of $4,000,466. The General Fund expenditure increase at first quarter includes Council approved appropriations of General Fund reserves which total $3,741,980. Amendments include $400,000 to fund the Sailing Center Dock Replacement project; $241,980 to fund the cultural assessment in Human Resources; $300,000 for Greenprint Implementation; and $2,800,000 for Fire Station 46 replacement. Other amendments include an increase of $115,000 to fund the new CRA Assistant Director position, which is offset by revenues transferred from the CRA; an increase of $139,700 in the City Attorney’s Office to fund retirement/leave payouts and personnel changes; and an increase which totals $3,786 for the departments which received safety awards which is funded by revenues transferred from the Central Insurance Fund. General Fund Reserves – In order to ensure adequate reserves, the City Council’s policy reflects that General Fund unappropriated fund reserves of 8.5% of the City’s budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. With the closing of the year-end 2021 books, estimated General Fund reserves at first quarter are approximately $63.9 million, or 38.8% of the current year’s General Fund budget, exceeding our minimum reserve requirement by $49.9 million. There are no significant amendments being made to other city operating funds. First Quarter Budget Review Fiscal Year 2021-22 Capital Improvement Program First quarter amendments to the capital improvement program reflect a net decrease of $26,403,885. Amendments previously approved by Council include an increase of $300,000 in General Fund revenues in the Greenprint Implementation project; an increase of $665,000 of lease purchase finance revenues in the P25 Radio Equipment & Infrastructure project; an increase of $2,800,000 of General Fund revenues, $1,134,000 in County Fire Tax revenues and $44,000 in Stormwater Revenue in the Fire Station 46 – Beach project; an increase of $427,795 in CRA revenues in the Mercado – Downtown Gateway project; an increase of $786,000 in Stormwater revenues in the Del Oro Park Renovation project; and an increase of $400,000 in General Fund revenues in the Sailing Center Dock Replacement project. Project activity not previously approved by the Council is summarized on page 21. Significant amendments include decreases which total $32,961,600 to various water and sewer projects to remove the future bond funding amounts budgeted for fiscal year 2021/22 to align the project funding plan with the finalized FY22 rate study. Special Program Fund The Special Program Fund reflects a net budget increase of $3,189,270 at first quarter. Significant amendments include an increase of $92,448 in public safety grant revenues for Investigative Costs Recovery, Federal Forfeiture Sharing, and Police Body Cameras; $403,064 from the Pinellas County School Board for school resource officer’s 2021/22 contract and extra duty reimbursement; transfers of General Fund revenues from the Police Department of $167,750 for officers overtime at special events and $53,314 to the body camera program; $32,000 to establish new programs to account for Police overtime reimbursements from various law enforcement agencies; $411,996 in FEMA reimbursements for hurricane Irma; $507,355 in contractual service revenue for police extra duty; $394,095 for from the Juvenile Welfare Board for 2021/22 summer and after school programs; $3,275 in donation revenues to support Police and Library programs; $493,171 in Community Development Block Grant program income; $7,200 in foreclosure registry fees collected; $244,678 in fines and court proceeds for public safety programs, lien foreclosure, and the tree replacement program; $14,108 in special events revenues; $6,458 in interest earnings from the prior year; and $357,857 transferred between existing police programs. CITY OF CLEARWATER FIRST QUARTER SUMMARY 2021/22 FY 21/22 Variance %First Adopted Year to Date YTD Actual vs.YTD vs.Quarter Amended Description Budget Actual Adopted Budget Budget Adjustment Budget General Fund: Revenues 164,818,400 83,772,977 81,045,423 51%4,000,466 168,818,866 Expenditures 164,818,400 53,740,104 111,078,296 33%4,000,466 168,818,866 Utility Funds: Water & Sewer Fund Revenues 110,251,710 25,641,468 84,610,242 23%- 110,251,710 Expenditures 110,251,710 66,091,718 44,159,992 60%- 110,251,710 Stormwater Fund Revenues 24,042,640 4,356,474 19,686,166 18%- 24,042,640 Expenditures 24,042,640 17,421,724 6,620,916 72%- 24,042,640 Gas Fund Revenues 49,235,700 11,115,550 38,120,150 23%- 49,235,700 Expenditures 49,176,970 19,078,534 30,098,436 39%- 49,176,970 Solid Waste and Recycling Fund Revenues 29,366,280 7,860,453 21,505,827 27%- 29,366,280 Expenditures 28,044,120 8,000,407 20,043,713 29%- 28,044,120 Enterprise Funds: Marine Fund Revenues 5,723,810 1,508,199 4,215,611 26%- 5,723,810 Expenditures 5,723,810 2,306,036 3,417,774 40%- 5,723,810 Airpark Fund Revenues 350,000 71,344 278,656 20%- 350,000 Expenditures 333,690 94,126 239,564 28%- 333,690 Clearwater Harbor Marina Fund Revenues 928,730 259,670 669,060 28%- 928,730 Expenditures 909,680 313,511 596,169 34%- 909,680 Parking Fund Revenues 9,544,080 2,401,747 7,142,333 25%102 9,544,182 Expenditures 6,852,830 2,095,359 4,757,471 31%102 6,852,932 Internal Service Funds: General Services Fund Revenues 6,146,260 1,568,511 4,577,749 26%- 6,146,260 Expenditures 6,146,260 1,318,468 4,827,792 21%- 6,146,260 Administrative Services Revenues 15,025,780 3,455,092 11,570,688 23%204 15,025,984 Expenditures 15,025,780 4,885,303 10,140,477 33%204 15,025,984 Garage Fund Revenues 17,623,060 4,137,420 13,485,640 23%- 17,623,060 Expenditures 17,595,180 3,726,162 13,869,018 21%- 17,595,180 Central Insurance Fund Revenues 32,285,530 6,965,476 25,320,054 22%- 32,285,530 Expenditures 32,285,530 7,286,605 24,998,925 23%- 32,285,530 1 FIRST QUARTER REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2021-22 REPORT PAGE # General Fund Operating Budget ..................................................................................................... 3 Utility Funds Operating Budget ...................................................................................................... 9 Other Enterprise Funds Operating Budgets ................................................................................. 13 Internal Service Funds Operating Budgets ................................................................................... 17 Capital Improvement Program Budget ........................................................................................ 21 Special Program Fund Budget ....................................................................................................... 33 Special Development Fund ........................................................................................................... 41 Administrative Change Orders ...................................................................................................... 44 Ordinances ..................................................................................................................................... 45 The amended 2021/22 operating budget, presented by operating fund and/or department, is submitted for the City Council review. The actual and projected data contained in this review represents three months, October 1, 2021 through December 31, 2021. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after December 31, 2021. Definitions associated with the operating funds information is presented as follows: Definitions: Adopted Budget - The budget as adopted by the City Council on September 30, 2021. Variance YTD Actual vs. Adopted Budget - Difference between year to date actual and adopted budget. % YTD vs. Budget - Percentage of adopted budget expended, year to date. Proposed Amendments - Adjustments that have been approved by the City Council, made at the Manager’s discretion, and/or adjustments proposed based on the first quarter review. Amended Budget - Adding the Original Budget and Adjustments. 2 Capital Improvement Program The amended 2021/22 Capital Improvement Projects budget report is submitted for the City Council review. This review provides the opportunity to analyze the status of all active projects and present formal amendments to the project budget. The Capital Improvement Program and Special Program fund information is presented as follows: Definitions: Budget - The budget as of October 1, 2021, which includes project budgets from prior years, which have not been completed. Amendment - Amendments which have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed as a result of the first quarter review. Revised Budget - Adding the Budget and Amendment columns. Encumbrance - Outstanding contract or purchase order commitment. Available Balance - Difference between revised budget and expenditure, plus encumbrance. Status - C - project is completed Amend Ref - Reference number for description of amendment. Increase/ (Decrease)Description Ad Valorem Taxes - At first quarter,approximately 87%of property tax revenue has been received.As projected,most property tax payments are made within the first six months of the fiscal year.No amendment is proposed at this time. - At first quarter,approximately 36%of budgeted local option, fuel and other taxes revenues have been collected.As projected,most business tax receipts are received within the first three months of the fiscal year.No amendment is proposed at this time. Other Permits and Fees - At first quarter,other permits and fees revenues reflect collections of 37%of total budget,primarily due to increased collections of building/sign permit revenues.No amendment is proposed at this time. Intergovernmental 139,700 Amendments to other governmental revenue reflect an increase of $139,700.00 to state revenue sharing to adjust the budget in line with actual payments received from the State. Miscellaneous - At first quarter,approximately 49%of budgeted miscellaneous revenues have been collected, primarily due to the sale of surplus property in the first period of the fiscal year. No amendment is proposed at this time. 118,786 At first quarter,transfer in revenues reflect an increase of $3,786.00 to recognize safety award funding from the Central Insurance Fund,and a transfer of $115,000.00 from the CRA to provide funding for the new Assistant Director position. 400,000 1)An appropriation of $400,000.00 from fund reserves to provide funding for capital improvement project C2210 Sailing Center Dock Replacement as approved by the Council on January 20, 2022. Local Option, Fuel & Other Taxes City of Clearwater General Fund Revenues First Quarter Amendments FY 2021/22 Transfer (to) from Surplus Transfers In 3 Increase/ (Decrease)Description City of Clearwater General Fund Revenues First Quarter Amendments FY 2021/22 241,980 2)An appropriation of $241,980.00 from fund reserves to provide funding for cultural assessment consulting services as approved by the Council on January 20, 2022. 300,000 3)An appropriation of $300,000.00 from fund reserves to provide funding for capital improvement project C2106 Greenprint Implementation as approved by the Council on February 17, 2022. 2,800,000 4)An appropriation of $2,800,000.00 from fund reserves to provide funding for capital improvement project FD00190001 Fire Station 46 -Beach as approved by the Council on February 17, 2022. 3,741,980 4,000,466 Net General Fund Revenue Net Transfer (to) from Retained Earnings Transfer (to) from Surplus (continued) 4 Increase/ (Decrease)Description 54 At first quarter,City Manager expenditures reflect an increase of $54.00 to employee recognition for receipt of the perfect claims annual safety award. 139,772 At first quarter,City Attorney expenditures reflect a net increase of $139,772.00.Amendments include:1)an increase of $72.00 to employee recognition for receipt of the perfect claims annual safety award;and 2)an increase of $139,700.00 to various object codes to cover unbudgeted personnel expenses due to the retirement and replacement of the City Attorney. 12 At first quarter,City Audit expenditures reflect an increase of $12.00 to employee recognition for receipt of the perfect claims annual safety award. 48 At first quarter,City Clerk expenditures reflect an increase of $48.00 to employee recognition for receipt of the perfect claims annual safety award. 115,030 First quarter amendments to CRA Administration reflect a net increase of $115,030.00.Amendments include:1)an increase of $30.00 to employee recognition for receipt of the perfect claims annual safety award;and 2)an increase of $115,000.00 to full time salaries for the funding of a new Assistant Director position as approved by the Council on November 4, 2021. 72 At first quarter,Economic Development and Housing expenditures reflect 38%of total budget due to encumbrances and payments of various services in the first period of the year. At first quarter,Economic Development and Housing expenditures reflect an increase of $72.00 to employee recognition for receipt of the perfect claims annual safety award. 180 At first quarter,Finance expenditures reflect an increase of $180.00 to employee recognition for receipt of the perfect claims annual safety award. City of Clearwater General Fund ExpendituresFirst Quarter Amendments FY 2021/22 Economic Development and Housing City Manager's Office City Audit City Attorney's Office CRA Administration City Clerk Finance 5 Increase/ (Decrease)Description City of Clearwater General Fund ExpendituresFirst Quarter Amendments FY 2021/22 501,224 Amendments to Fire Department reflect a net increase of $501,224.00.Amendments include:1)an increase of $500,000.00 to Full Time Salaries &Wages to provide the remaining funding needed for the IAFF collective bargaining agreement as approved by the Council on January 20,2022;and 2)an increase of $1,224.00 to employee recognition for receipt of the 1st quarter FY22 safety award. 242,082 First quarter amendments to Human Resources reflect a net increase of $242,082.00.Amendments include:1)an increase of $102.00 to employee recognition for receipt of the perfect claims annual safety award;and 2)an increase of $241,980.00 to professional services for cultural assessment consulting services as approved by the Council on January 20, 2022. 504 At first quarter,Library expenditures reflect an increase of $504.00 to employee recognition for receipt of the perfect claims annual safety award. 1,422 At first quarter,Parks and Recreation reflects 37%of total budget due to transfers to the capital fund which happen in the first period of the year. Amendments to Parks &Recreation expenditures include an increase of $1,422.00 to employee recognition for receipt of the 4th quarter FY21 safety award. - Amendments to Police Department expenditures reflect net zero transfers,which include:1)a transfer of $167,750.00 of overtime salaries &wages to special program PRSE190001, Special Events to fund overtime expenses for various approved co-sponsored events;and 2)A transfer of $53,314.00 of contractual services to special program P2002,Police Body Worn Camera Program as approved by the Council on December 16, 2021. 66 At first quarter,Public Communications expenditures reflect an increase of $66.00 to employee recognition for receipt of the perfect claims annual safety award. Police Library Public Communications Human Resources Parks & Recreation Fire 6 Increase/ (Decrease)Description City of Clearwater General Fund ExpendituresFirst Quarter Amendments FY 2021/22 Non-Departmental (500,000) First quarter amendments to Non-Departmental include a decrease of $500,000.00 transferred to the Fire Department to provide the remaining funding required for the IAFF Agreement as approved by the Council on January 20,2022. Amendments to Non-Departmental reflect Council approved interfund transfers to capital improvement projects as follows: 400,000 1)A transfer of $400,000.00 to capital improvement project C2210,Sailing Center Dock Replacement,as approved by the Council on January 20, 2022. 300,000 2)A transfer of $300,000.00 to capital improvement project C2106,Greenprint Implementation,as approved by the Council on February 17, 2022. 2,800,000 3)A transfer of $2,800,000.00 to capital improvement project FD00190001,Fire Station 46 -Beach,as approved by the Council on February 17, 2022. 3,500,000 4,000,466 Net General Fund Expenditure 7 2021/22 Variance %2021/22 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget General Fund Revenues Ad Valorem Taxes 72,648,340 63,543,532 9,104,809 87%- 72,648,340 Utility Taxes 17,270,000 3,227,724 14,042,276 19%- 17,270,000 Local Option, Fuel and Other Taxes 6,080,000 2,177,175 3,902,825 36%- 6,080,000 Franchise Fees 10,527,550 1,716,648 8,810,902 16%- 10,527,550 Other Permits & Fees 2,808,500 1,044,302 1,764,198 37%- 2,808,500 Intergovernmental 24,259,680 4,478,768 19,780,912 18%139,700 24,399,380 Charges for Services 15,799,810 3,608,484 12,191,326 23%- 15,799,810 Judgments, Fines and Forfeitures 1,429,000 268,123 1,160,877 19%- 1,429,000 Miscellaneous Revenues 2,719,226 1,330,394 1,388,832 49%- 2,719,226 Transfers In 11,276,294 2,377,828 8,898,466 21%118,786 11,395,080 Total Revenues 164,818,400 83,772,977 81,045,423 51%258,486 165,076,886 Transfer (to) from Surplus - - - ~3,741,980 3,741,980 Adjusted Revenues 164,818,400 83,772,977 81,045,423 51%4,000,466 168,818,866 General Fund Expenditures City Council 419,450 148,397 271,053 35%- 419,450 City Manager's Office 1,485,330 420,584 1,064,746 28%54 1,485,384 City Attorney's Office 1,826,656 529,139 1,297,517 29%139,772 1,966,428 City Audit 233,752 55,221 178,531 24%12 233,764 City Clerk 1,307,108 429,365 877,743 33%48 1,307,156 CRA Administration 504,274 130,592 373,682 26%115,030 619,304 Economic Development and Housing 1,992,482 747,765 1,244,717 38%72 1,992,554 Engineering 8,492,000 1,980,765 6,511,235 23%- 8,492,000 Fire 30,788,310 8,960,252 21,828,058 29%501,224 31,289,534 Finance 2,800,130 619,309 2,180,821 22%180 2,800,310 Human Resources 1,662,773 401,767 1,261,006 24%242,082 1,904,855 Library 8,416,337 2,055,898 6,360,439 24%504 8,416,841 Non-Departmental 8,854,656 6,464,860 2,389,796 73%3,000,000 11,854,656 Parks & Recreation 37,205,403 13,669,283 23,536,120 37%1,422 37,206,825 Planning & Development 7,057,846 1,850,071 5,207,775 26%- 7,057,846 Police 50,099,334 14,897,259 35,202,075 30%- 50,099,334 Public Communications 1,274,489 290,639 983,850 23%66 1,274,555 Public Utilities 398,070 88,937 309,133 22%- 398,070 Total Expenditures 164,818,400 53,740,104 111,078,296 33%4,000,466 168,818,866 For the Three Month Period of October 1, 2021 - December 31, 2021 GENERAL FUND FIRST QUARTER REVIEW 8 2021/22 Variance %2021/22AdoptedYear to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget WATER & SEWER FUND Water & Sewer Revenues: Charges for Service 97,290,030 25,102,750 72,187,280 26%- 97,290,030 Judgments, Fines and Forfeits 271,000 98,760 172,240 36%- 271,000 Miscellaneous 1,010,000 439,958 570,042 44%- 1,010,000 Transfers In - - - ~- - Fund Equity 11,680,680 - 11,680,680 0%- 11,680,680 Total Revenues 110,251,710 25,641,468 84,610,242 23%- 110,251,710 Water & Sewer Expenditures: Public Utilities Administration 2,036,598 509,782 1,526,816 25%- 2,036,598 Wastewater Collection 15,789,628 11,767,559 4,022,069 75%- 15,789,628 Public Utilities Maintenance 8,503,140 3,849,220 4,653,920 45%- 8,503,140 WPC / Plant Operations 29,942,959 17,727,988 12,214,971 59%- 29,942,959 WPC / Laboratory Operations 546,103 204,156 341,947 37%- 546,103 WPC / Industrial Pretreatment 1,048,590 224,713 823,877 21%- 1,048,590 Water Distribution 25,566,884 17,303,166 8,263,718 68%- 25,566,884 Water Supply 22,115,654 11,840,333 10,275,321 54%- 22,115,654 Reclaimed Water 4,702,154 2,664,802 2,037,352 57%- 4,702,154 Total Expenditures 110,251,710 66,091,718 44,159,992 60%- 110,251,710 Increase/ (Decrease)Amendment Description: Water and Sewer Fund Revenues:- Water and Sewer Fund Expenditures:- At first quarter, anticipated revenues of the Water and Sewer Fund equal anticipated expenditures for fiscal year 2021/22. No amendments are proposed to Water and Sewer Fund revenues at first quarter. No amendments are proposed to Water and Sewer Fund expenditures at first quarter.Expenditures reflect 60%of total budget due to transfers to the capital fund which happen in the first period of the year. For the Three Month Period of October 1, 2021 - December 31, 2021 UTILITY FUNDS FIRST QUARTER REVIEW 9 2021/22 Variance %2021/22AdoptedYear to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Three Month Period of October 1, 2021 - December 31, 2021 UTILITY FUNDS FIRST QUARTER REVIEW STORMWATER FUND Stormwater Revenues: Charges for Service 17,019,900 4,236,711 12,783,189 25%- 17,019,900 Judgments, Fines and Forfeits 73,000 19,729 53,271 27%- 73,000 Miscellaneous 281,560 100,034 181,526 36%- 281,560 Transfers In - - - ~- - Fund Equity 6,668,180 - 6,668,180 0%- 6,668,180 Total Revenues 24,042,640 4,356,474 19,686,166 18%- 24,042,640 Stormwater Expenditures: Stormwater Management 18,331,501 16,135,701 2,195,800 88%- 18,331,501 Stormwater Maintenance 5,711,139 1,286,023 4,425,116 23%- 5,711,139 Total Expenditures 24,042,640 17,421,724 6,620,916 72%- 24,042,640 Increase/ (Decrease)Amendment Description: Stormwater Fund Revenues:- Stormwater Fund Expenditures:- No amendments are proposed to Stormwater Fund revenues at first quarter. No amendments are proposed to Stormwater Fund expenditures at first quarter.Expenditures reflect 72%of total budget due to transfers to the capital fund and payment of bonded debt which happen in the first period of the year. At first quarter, anticipated revenues of the Stormwater Fund equal anticipated expenditures for fiscal year 2021/22. 10 2021/22 Variance %2021/22AdoptedYear to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Three Month Period of October 1, 2021 - December 31, 2021 UTILITY FUNDS FIRST QUARTER REVIEW GAS FUND Gas Revenues: Charges for Service 48,761,009 11,022,120 37,738,889 23%- 48,761,009 Judgments, Fines and Forfeits 100,000 23,779 76,221 24%- 100,000 Miscellaneous 374,691 69,651 305,040 19%- 374,691 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 49,235,700 11,115,550 38,120,150 23%- 49,235,700 Gas Expenditures: Administration & Supply 22,686,839 4,918,157 17,768,682 22%- 22,686,839 Pinellas Gas Operations 12,320,097 6,665,277 5,654,820 54%- 12,320,097 Pasco Gas Operations 7,514,340 4,697,692 2,816,648 63%- 7,514,340 Marketing & Sales 6,655,694 2,797,409 3,858,285 42%- 6,655,694 Total Expenditures 49,176,970 19,078,534 30,098,436 39%- 49,176,970 Increase/ (Decrease)Amendment Description: Gas Fund Revenues:- Gas Fund Expenditures:- At first quarter, anticipated revenues of the Gas Fund exceed anticipated expenditures by $58,730 for fiscal year 2021/22. No amendments are proposed to Gas Fund revenues at first quarter. No amendments are proposed to Gas Fund expenditures at first quarter.Expenditures reflect 39%of total budget due to transfers to the capital fund which happen in the first period of the year. 11 2021/22 Variance %2021/22AdoptedYear to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Three Month Period of October 1, 2021 - December 31, 2021 UTILITY FUNDS FIRST QUARTER REVIEW SOLID WASTE AND RECYCLING FUND Solid Waste Revenues: Other Permits and Fees 1,000 907 93 91%- 1,000 Charges for Service 26,060,000 6,852,057 19,207,943 26%- 26,060,000 Judgments, Fines and Forfeits 95,000 27,030 67,970 28%- 95,000 Miscellaneous 533,000 177,686 355,314 33%- 533,000 Transfers In - - - ~- - Solid Waste Revenues 26,689,000 7,057,680 19,631,320 26%- 26,689,000 Recycling Revenues: Other Permits and Fees 280 - 280 0%- 280 Intergovernmental - - - ~- - Charges for Service 2,465,000 682,529 1,782,471 28%- 2,465,000 Judgments, Fines and Forfeits 8,000 2,580 5,420 32%- 8,000 Miscellaneous 204,000 117,664 86,336 58%- 204,000 Transfers In - - - ~- - Recycling Revenues 2,677,280 802,773 1,874,507 30%- 2,677,280 Fund Equity - - - ~- - Total Revenues 29,366,280 7,860,453 21,505,827 27%- 29,366,280 Solid Waste Expenditures: Collection 18,875,621 4,955,371 13,920,250 26%- 18,875,621 Transfer 2,368,009 578,326 1,789,683 24%- 2,368,009 Container Maintenance 993,536 259,810 733,727 26%- 993,536 Administration 1,050,904 242,670 808,234 23%- 1,050,904 Solid Waste Expenditures 23,288,070 6,036,177 17,251,893 26%- 23,288,070 Recycling Expenditures: Residential 1,577,182 326,686 1,250,496 21%- 1,577,182 Multi-Family 435,068 84,999 350,069 20%- 435,068 Commercial 2,743,800 1,552,545 1,191,255 57%- 2,743,800 Recycling Expenditures 4,756,050 1,964,230 2,791,820 41%- 4,756,050 Total Expenditures 28,044,120 8,000,407 20,043,713 29%- 28,044,120 Increase/ (Decrease)Amendment Description: Solid Waste and Recycling Fund Revenues:- Solid Waste and Recycling Fund Expenditures:- No amendments are proposed to Solid Waste and Recycling Fund revenues at first quarter. No amendments are proposed to Solid Waste and Recycling Fund expenditures at first quarter. At first quarter, anticipated revenues of the Solid Waste and Recycling Fund exceed anticipated expenditures by $1,322,160 for fiscal year 2021/22. 12 2021/22 Variance %2021/22 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget MARINE FUND Marine Revenues: Intergovernmental - - - ~- - Charges for Service 5,211,800 1,464,195 3,747,605 28%- 5,211,800 Judgments, Fines and Forfeits 3,200 350 2,850 11%- 3,200 Miscellaneous Revenue 136,000 43,654 92,346 32%- 136,000 Transfers In - - - ~- - Fund Equity 372,810 - 372,810 0%- 372,810 Total Revenues 5,723,810 1,508,199 4,215,611 26%- 5,723,810 Marine Expenditures: Marina Operations 5,723,810 2,306,036 3,417,774 40%- 5,723,810 Total Expenditures 5,723,810 2,306,036 3,417,774 40%- 5,723,810 Increase/ (Decrease)Amendment Description: Marine Fund Revenues:- Marine Fund Expenditures:- At first quarter, anticipated revenues of the Marine Fund equal anticipated expenditures for fiscal year 2021/22. No amendments are proposed to Marine Fund revenues at first quarter. No amendments are proposed to Marine Fund expenditures at first quarter.Expenditures reflect 40%of total budget due to transfers to the capital fund which happen in the first period of the year. For the Three Month Period of October 1, 2021 - December 31, 2021 ENTERPRISE FUNDS FIRST QUARTER REVIEW 13 2021/22 Variance %2021/22 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Three Month Period of October 1, 2021 - December 31, 2021 ENTERPRISE FUNDS FIRST QUARTER REVIEW CLEARWATER HARBOR MARINA FUND Clearwater Harbor Marina Revenues: Intergovernmental - - - ~- - Charges for Service 900,630 250,505 650,125 28%- 900,630 Judgments, Fines and Forfeits 1,600 50 1,550 3%- 1,600 Miscellaneous Revenue 26,500 9,115 17,385 34%- 26,500 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 928,730 259,670 669,060 28%- 928,730 Clearwater Harbor Marina Expenditures Clearwater Harbor Marina Opera 909,680 313,511 596,169 34%- 909,680 Total Expenditures 909,680 313,511 596,169 34%- 909,680 Increase/ (Decrease)Amendment Description: Clearwater Harbor Marina Fund Revenues:- Clearwater Harbor Marina Fund Expenditures:- No amendments are proposed to Clearwater Harbor Marina Fund revenues at first quarter. No amendments are proposed to Clearwater Harbor Marina Fund expenditures at first quarter. At first quarter, anticipated revenues of the Clearwater Harbor Marina Fund exceed anticipated expenditures by $19,050 for fiscal year 2021/22. 14 2021/22 Variance %2021/22 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Three Month Period of October 1, 2021 - December 31, 2021 ENTERPRISE FUNDS FIRST QUARTER REVIEW AIRPARK FUND Airpark Revenues: Intergovernmental - - - ~- - Charges for Service 18,000 4,295 13,705 24%- 18,000 Miscellaneous Revenue 332,000 67,049 264,951 20%- 332,000 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 350,000 71,344 278,656 20%- 350,000 Airpark Expenditures: Airpark Operations 333,690 94,126 239,564 28%- 333,690 Total Expenditures 333,690 94,126 239,564 28%- 333,690 Increase/ (Decrease)Amendment Description: Airpark Fund Revenues:- Airpark Fund Expenditures:- At first quarter, anticipated revenues of the Airpark Fund exceed anticipated expenditures by $16,310 for fiscal year 2021/22. No amendments are proposed to Airpark Fund revenues at first quarter. No amendments are proposed to Airpark Fund expenditures at first quarter. 15 2021/22 Variance %2021/22 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Three Month Period of October 1, 2021 - December 31, 2021 ENTERPRISE FUNDS FIRST QUARTER REVIEW PARKING FUND Parking Revenues: Charges for Service 8,600,430 2,065,037 6,535,393 24%- 8,600,430 Judgments, Fines and Forfeits 818,650 286,210 532,440 35%- 818,650 Miscellaneous Revenue 125,000 50,500 74,500 40%- 125,000 Transfers In - - - ~102 102 Fund Equity - - - ~- - Total Revenues 9,544,080 2,401,747 7,142,333 25%102 9,544,182 Parking Expenditures Engineering/Parking System 4,671,650 1,593,583 3,078,067 34%- 4,671,650 Engineering/Parking Enforcement 980,857 168,596 812,261 17%- 980,857 Fire Dept/Beach Guards 1,059,660 298,602 761,058 28%102 1,059,762 Seminole Street Boat Ramp 140,663 34,578 106,085 25%- 140,663 Total Expenditures 6,852,830 2,095,359 4,757,471 31%102 6,852,932 Increase/ (Decrease)Amendment Description: Parking Fund Revenues:102 Parking Fund Expenditures:102 At first quarter,amendments to Parking Fund revenues reflect an increase of $102.00 to transfer in revenue to recognize safety award funding from the Central Insurance Fund. At first quarter,Parking Fund expenditures in Beach Guard operations reflect an increase of $102.00 to employee recognition for receipt of the 1st quarter FY22 safety award. At first quarter, anticipated revenues of the Parking Fund exceed anticipated expenditures by $2,691,250 for fiscal year 2021/22. 16 2021/22 Variance %2021/22 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget GENERAL SERVICES FUND General Services Revenues: Charges for Service 6,046,260 1,531,090 4,515,170 25%- 6,046,260 Miscellaneous Revenues 100,000 37,421 62,579 37%- 100,000 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 6,146,260 1,568,511 4,577,749 26%- 6,146,260 General Services Expenditures: Administration 468,795 123,809 344,986 26%- 468,795 Building & Maintenance 5,677,465 1,194,659 4,482,806 21%- 5,677,465 Total Expenditures 6,146,260 1,318,468 4,827,792 21%- 6,146,260 Increase/ (Decrease)Amendment Description: General Services Fund Revenues:- General Services Fund Expenditures:- INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For the Three Month Period of October 1, 2021 - December 31, 2021 At first quarter, anticipated revenues of the General Services Fund equal anticipated expenditures for fiscal year 2021/22. No amendments are proposed to General Services Fund revenues at first quarter. No amendments are proposed to General Services Fund expenditures at first quarter. 17 2021/22 Variance %2021/22 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For the Three Month Period of October 1, 2021 - December 31, 2021 ADMINISTRATIVE SERVICES FUND Administrative Services Revenues: Charges for Service 14,179,530 3,425,982 10,753,548 24%- 14,179,530 Miscellaneous Revenues 75,000 29,110 45,890 39%- 75,000 Transfers In - - - ~204 204 Fund Equity 771,250 - 771,250 0%- 771,250 Total Revenues 15,025,780 3,455,092 11,570,688 23%204 15,025,984 Administrative Services Expenditures: Info Tech / Admin 475,548 122,772 352,776 26%204 475,752 Info Tech / Network Svcs 5,243,321 1,599,981 3,643,340 31%- 5,243,321 Info Tech / Software Applications 3,401,594 999,312 2,402,282 29%- 3,401,594 Info Tech / Telecommunications 1,807,617 1,130,011 677,606 63%- 1,807,617 Public Comm / Courier 190,860 25,809 165,051 14%- 190,860 Clearwater Customer Service 3,906,840 1,007,419 2,899,421 26%- 3,906,840 Total Expenditures 15,025,780 4,885,303 10,140,477 33%204 15,025,984 Increase/ (Decrease)Amendment Description: Administrative Services Fund Revenues:204 Administrative Services Fund Expenditures:204 At first quarter, anticipated revenues of the Administrative Services Fund equal anticipated expenditures for fiscal year 2021/22. At first quarter,Administrative Services Fund revenues reflect an increase of $204.00 to transfer-in revenues recognizing perfect claims safety award funding from the Central Insurance Fund. At first quarter,Administrative Services Fund expenditures in Information Technology reflect an increase of $204.00 to employee recognition for receipt of the annual perfect claims safety award. 18 2021/22 Variance %2021/22 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For the Three Month Period of October 1, 2021 - December 31, 2021 GARAGE FUND Garage Fund Revenues Charges for Service 16,698,060 4,106,852 12,591,208 25%- 16,698,060 Miscellaneous Revenues 925,000 30,568 894,432 3%- 925,000 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 17,623,060 4,137,420 13,485,640 23%- 17,623,060 Garage Fund Expenditures: Fleet Maintenance 16,631,707 3,544,161 13,087,546 21%- 16,631,707 Radio Communications 963,473 182,001 781,472 19%- 963,473 Total Expenditures 17,595,180 3,726,162 13,869,018 21%- 17,595,180 Increase/ (Decrease)Amendment Description: Garage Fund Revenues:- Garage Fund Expenditures:- At first quarter, anticipated revenues of the Garage Fund exceed anticipated expenditures by $27,880 for fiscal year 2021/22. No amendments are proposed to Garage Fund revenues at first quarter. No amendments are proposed to Garage Fund expenditures at first quarter. 19 2021/22 Variance %2021/22 Adopted Year to Date YTD Actual vs.YTD vs.Proposed 1 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For the Three Month Period of October 1, 2021 - December 31, 2021 CENTRAL INSURANCE FUND Central Insurance Revenues: Charges for Service 29,719,086 6,850,074 22,869,012 23%- 29,719,086 Miscellaneous Revenues 300,000 115,402 184,598 38%- 300,000 Transfers In - - - ~- - Fund Equity 2,266,444 - 2,266,444 0%- 2,266,444 Total Revenues 32,285,530 6,965,476 25,320,054 22%- 32,285,530 Central Insurance Expenditures: Finance / Risk Management 417,216 83,522 333,694 20%18 417,234 HR / Employee Benefits 439,346 65,825 373,521 15%- 439,346 HR / Employee Health Clinic 1,721,400 249,205 1,472,195 14%- 1,721,400 Non-Departmental 29,707,568 6,888,052 22,819,516 23%(18) 29,707,550 Total Expenditures 32,285,530 7,286,605 24,998,925 23%- 32,285,530 Increase/ (Decrease)Amendment Description: Central Insurance Fund Revenues:- Central Insurance Fund Expenditures:- No amendments are proposed to Central Insurance Fund revenues at first quarter. Amendments to Central Insurance Fund expenditures reflect a net zero amendment to transfer money between cost centers for the annual perfect claims safety award. At first quarter, anticipated revenues of the Central Insurance Fund equal anticipated expenditures for fiscal year 2021/22. 20 CAPITAL IMPROVEMENT PROGRAM First Quarter Summary FY 2021/22 21 The amended 2021/22 Capital Improvement Program budget report is submitted for the City Council's First quarter review. The proposed amendment is a net budget decrease in the amount of $26,403,885. This review provides the opportunity to examine the status of all active projects and present formal amendments to the project budgets. Fiscally significant budget increases encompassed within this review are as follows: The City Council did not previously approve the following capital improvement budget activity:  Sanitary Sewer Upgrades/Improvements – a budget decrease of $20,694,830 in future bond revenue.  Water Pollution Control R&R – a budget decrease of $4,179,000 in future bond revenue.  Sanitary Sewer R&R – a budget decrease of $2,782,770 in future bond revenue.  Pump Station Replacement - a budget decrease of $2,200,000 in future bond revenue.  System R&R - Maintenance - a budget decrease of $3,105,000 in future bond revenue. All significant budget increases that have been previously approved by the City Council are listed below: Project Council Budget Increase Approval  Greenprint Implementation $ 300,000 02/17/22  P25 Radio Equipment & Infrastructure $ 665,000 12/02/21  Fire Station 46 – Beach $ 3,978,000 02/17/22  Mercado – Downtown Gateway $ 427,795 05/20/21  Del Oro Park Renovations $ 786,000 12/16/21  Sailing Center Dock Replacement $ 400,000 01/20/22 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment Greenprint Implementation 1 C2106 300,000 To record a budget increase of $300,000.00 of General Fund revenue,as approved by City Council on February 17, 2022.300,000 Roof Repair and Replacement 2 GSBM180003 300,000 To record a budget transfer of $300,00.00 in General Fund revenue from project GSBM180008,Building Systems,as approved by the City Council on December 2, 2021.300,000 Building Systems 3 GSBM180008 (300,000) To record a budget transfer of $300,00.00 in General Fund revenue to project GSBM180003,Roof Repair and Replacement,as approved by the City Council on December 2, 2021.(300,000) P25 Radio Equipment & Infrastructure 4 L2001 665,000 To record a budget increase of $665,000.00 in lease purchase financing,as approved by the City Council on December 2, 2021.665,000 Studio/Production Equipment 5 M2201 1,344 To record a budget increase of $1,343.77 transferred from closed special program 99925, Peg Access Support.1,344 Fire Station 46 - Beach 6 FD00190001 3,978,000 To record a budget increase of $44,000.00 transferred in from stormwater fund project ENST180005,Coastal Basins; a budget increase of $1,134,000.00 from County Reimbursement revenue;and an allocation of $2,800,000.00 of General Fund revenue,as approved by City Council on February 17, 2022.3,978,000 Sanitary Sewer Upgrades/Improvements 7 96212 (20,694,830) To record a budget decrease of $20,694,830.00 in future bond revenue to align the project funding plan with the finalized FY22 rate study.(20,694,830) Pump Station R&R 8 96217 (600,000) To record a budget transfer of $600,000.00 in Utility R&R revenue to project 96665, Sanitary Sewer R&R.(600,000) Sanitary Sewer Relocation 9 96634 (237,439) To record a budget transfer of $237,439.00 in utility R&R revenue to project C2103,Downtown Streetscaping,as approved by Council on February 3, 2022.(237,439) CAPITAL IMPROVEMENT PROGRAM First Quarter Amendments FY 2021/22 22 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM First Quarter Amendments FY 2021/22 Water Pollution Control R & R 10 96664 (4,179,000) To record a budget decrease of $4,179,000.00 in future bond revenue to align the project funding plan with the finalized FY22 rate study.(4,179,000) Sanitary Sewer R&R 11 96665 (2,782,770) 600,000 To record a budget decrease of $2,782,770.00 in future bond revenue to align the project funding plan with the finalized FY22 rate study;and to record a budget transfer of $600,000.00 in utility R&R revenue from project 96217, Pump Station R&R.(2,182,770) Pump Station Replacement 12 96686 (2,200,000) To record a budget decrease of $2,200,000.00 in future bond revenue to align the project funding plan with the finalized FY22 rate study.(2,200,000) System R & R - Maintenance 13 96721 (3,105,000) 3,600,000 To record a budget transfer of $3,600,000.00 in water revenue from project 96722,Line Relocation - Maintenance,as approved by the City Council on December 16,2021;and to record a budget decrease of $3,105,000.00 in future bond revenue to align the project funding plan with the finalized FY22 rate study.495,000 Line Relocation - Maintenance 14 96722 (6,071,672) To record a net decrease of $6,071,672.00 representing the following transfers:1)$971,672.00 in utility R&R revenue to project C2103,Downtown Streetscaping as approved by City Council February 3,2022;2)$3,600,000.00 in water revenue to project 96721,System R&R Maintenance,as approved by City Council on December 16,2021;3) $1,000,000.00 in utility R&R revenue to 96784,Reclaimed Water Distribution System,as approved by City Council December 16,2021;and 4)$500,000.00 in utility R&R revenue to 96784,Reclaimed Water Distribution System R&R.(6,071,672) Reclaim Water Distribution System R&R 15 96784 1,500,000 To record a budget transfer of $500,000.00 in utility R&R revenue from project 96722,Line Relocation - Maintenance;and to record a budget transfer of $1,000,000.00 in utility R&R revenue from 96722,Line Relocation Maintenance,as approved by City Council December 16, 2021.1,500,000 23 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM First Quarter Amendments FY 2021/22 Coastal Basin 16 ENST180005 (450,000) To record a budget decrease of $450,000.00 of Stormwater revenue to project C2103,Downtown Streetscaping,as approved by the City Council on February 3, 2022. (450,000) Downtown Streetscaping 17 C2103 1,659,111 To record a net increase of $1,659,111.00 representing the following transfers:1)$971,672.00 in utility R&R revenue from project 96722,Line Relocation Maintenance;2) $237,439.00 in utility R&R revenue from project 96634, Sanitary Sewer Relocation;and 3)$450,000 from project ENST180005,Coastal Basin,as approved by City Council February 3, 2022.1,659,111 Mercado - Downtown Gateway 18 C2105 427,795 To record a budget transfer of $427,795.00 from CRA project R2004,Economic Development (County),as approved by City Council May 20, 2021.427,795 Airpark Maintenance & Repair 19 94817 269 To record a budget transfer of $269.09 of Airpark revenues from project G2012,Clearwater Airpark Vehicle Replacement.269 Clearwater Airpark Vehicle Replacement - CLOSE PROJECT 20 G2012 (1,076) (269) To record budget decrease of $1,076.36 in grant revenue from FDOT and a budget transfer of $269.09 of Airpark revenue to project 94817,Airpark Maintenance and Repair. This will bring the budget in line with actual expenditures to close the project.(1,345) Bicycle Paths-Bridges 21 93272 (1,050,000) To record a budget transfer of $1,050,000.00 in penny revenue to project 93667,Del Oro Park Renovations as approved by the City Council on December 16, 2021.(1,050,000) Parking Lot/Bike Path Resurface/Improvements 22 93286 (40,000) To record a budget transfer of $40,00.00 in General Fund revenue to project C2205,Enterprise Dog Park,as approved by the City Council on November 18, 2021.(40,000) Playground & Fitness Purchase & Replacement 23 93637 53,000 To record a budget transfer of $53,000.00 of General Fund revenue from project 93278,Long Center Infrastructure Repairs,as approved by the City Council on November 18, 2021.53,000 24 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM First Quarter Amendments FY 2021/22 Del Oro Park Renovations - CLOSE PROJECT 24 93667 786,000 1,450,000 To record a budget increase of $786,000.00 transferred from Stormwater project ENST180005,Coastal Basin;a transfer of $400,000.00 of penny revenue,from project C2209,Neighborhood Parks;and a transfer of $1,050,000.00 of penny revenue from project 93272, Bicycle Trails/Bridges,as approved by City Council on December 16,2021.This project is complete and will be closed.2,236,000 Jack Russell Stadium Improvements 25 93673 (102,852) To record a budget transfer of $102,851.67 of General Fund revenue to project C2210,Sailing Center Dock Replacement,as approved by the City Council on January 20, 2022.(102,852) Neighborhood Park Renovations 26 C2209 (400,000) To record a budget transfer of $400,000.00 of penny revenue to project 93667,Del Oro Park Renovations,as approved by the City Council on December 16, 2021.(400,000) Baycare Ballpark Infrastructure Repair/Improvement 27 93205 652 To record a budget increase of $652.21 for reimbursements for repairs done at Spectrum Field.652 Long Center Infrastructure Repairs 28 93278 (53,000) To record a budget transfer of $53,000.00 of General Fund revenue to project 93637,Playground &Fitness Purchase & Replacement,as approved by the City Council on November 18, 2021.(53,000) Pier 60/Sailing Center Maintenance 29 93499 (230,000) To record a budget transfer of $230,00.00 in General Fund revenue to project C2210,Sailing Center Dock Replacement,as approved by the City Council on January 20, 2022.(230,000) Enterprise Dog Park 30 C2205 40,000 To record a budget transfer of $40,00.00 in General Fund revenue from project 93286,Parking Lot/Bike Resurfacing, as approved by the City Council on November 18, 2021.40,000 25 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM First Quarter Amendments FY 2021/22 Sailing Center Dock Replacement - NEW PROJECT 31 C2210 400,000 332,852 To record a budget increase of $400,000.00 of General Fund revenue;a budget transfer of $102,851.67 in General Fund revenue from project 93673,Jack Russell Stadium Improvements;and a transfer of $230,000.00 in General Fund revenue from project 93499,Pier 60/Sailing Center Dock Replacement,as approved by City Council on January 20, 2022.732,852 (26,403,885) - - (26,403,885) Coastal Basin ENST180005 830,000 To record a transfer of $44,000.00 of Stormwater revenue to project FD00190001,Fire Station 46,as approved by City Council on February 17,2022;and a transfer of $786,000.00 of Stormwater revenue to project 93667,Del Oro Park Renovations,as approved by City Council on December 16, 2021. TOTAL INTERFUND TRANSFERS:830,000 TOTAL INTERFUND TRANSFERS 26 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2021 - DECEMBER 31, 2021 Budget Revised Project Open Available Amend Description 10/1/21 Amdmts Budget To Date Encumbran Balance Status Ref Other General Government 93535 Countryside Library Demolition 75,000 - 75,000 - - 75,000 94233 Motorized Equip-Cash 2,473,945 - 2,473,945 2,291,296 73,995 108,654 94246 Fleet Management & Mapping 710,000 - 710,000 598,888 - 111,112 94729 City-wide Connect Infra 4,423,089 - 4,423,089 3,726,372 - 696,718 94736 Geographic Information Sys 1,210,997 - 1,210,997 954,455 - 256,542 94828 Financial Systems Upgrades 4,158,165 - 4,158,165 2,802,072 42,624 1,313,469 94829 CIS Upgrades / Replacement 1,382,376 - 1,382,376 433,783 - 948,593 94830 MS Licensing / Upgrades 1,200,000 - 1,200,000 842,601 - 357,399 94833 Computer Monitors 429,828 - 429,828 404,093 - 25,735 94850 Backfile Conversion of Records 500,000 - 500,000 192,043 - 307,957 94857 Accela Permit & Code Enforce 400,000 - 400,000 304,871 23,642 71,488 94873 Citywide Camera System 360,000 - 360,000 221,664 - 138,336 94874 City Enterprise Timekeep Sys 360,000 - 360,000 202,802 - 157,198 94880 Granicus Agenda Mgt Sys 210,000 - 210,000 41,136 - 168,864 94883 Business Proc Review & Improve 800,000 - 800,000 311,925 - 488,075 94888 City EOC & Disaster Recovery Fac 3,360,000 - 3,360,000 3,134,363 40,537 185,099 C1901 Beach Radio Tower 852,370 - 852,370 - - 852,370 C2004 Lift Stations - General Gov 2,160,000 - 2,160,000 176,562 - 1,983,438 C2006 ADA Transition Plan 900,000 - 900,000 174,812 - 725,188 C2007 Citywide Audio/Visual Solutions 265,053 - 265,053 - - 265,053 C2101 North Ward Preservation 77,920 - 77,920 54,490 - 23,429 C2106 Greenprint Implementation 320,000 300,000 620,000 - - 620,000 1 ENGF220001 New City Hall 350,300 - 350,300 - - 350,300 GSBM180001 Air Cond Replace-City Wide 1,779,436 - 1,779,436 893,341 4,000 882,095 GSBM180002 Flooring for Facilities 1,477,837 - 1,477,837 779,791 69,466 628,579 GSBM180003 Roof Repair and Replacement 2,304,213 300,000 2,604,213 1,153,794 872,123 578,296 2 GSBM180004 Painting of Facilities 792,923 - 792,923 193,818 61,568 537,536 GSBM180005 Fencing of Facilities 173,170 - 173,170 73,199 - 99,970 GSBM180006 Light Replacement & Repair 728,197 - 728,197 312,726 - 415,470 GSBM180007 Elevator Refurbish/Modern 760,576 - 760,576 11,118 - 749,458 GSBM180008 Building Systems 2,018,377 (300,000) 1,718,377 790,046 525 927,807 3 GSBM180009 New A/C Chiller System 5,200,000 - 5,200,000 1,752,713 - 3,447,287 GSBM180010 General Services R&R 500,000 - 500,000 312,670 - 187,330 GSBM180011 Generator Maintenance 650,000 - 650,000 - - 650,000 GSBM180012 General Faci Bldg Major Reno 2,185,242 - 2,185,242 256,834 - 1,928,409 GSFL180001 Fleet Facility R&R 644,520 - 644,520 60,926 25,138 558,456 L1902 B&M Vehicle & Equipment 65,000 - 65,000 35,046 - 29,955 L1906/M2202 Telecommunications Upgrade 1,769,047 - 1,769,047 - - 1,769,047 L1907/M1911 IT Disaster Recovery 480,396 - 480,396 - - 480,396 L1908/M1912 Network Infra & Server R&R 2,341,417 - 2,341,417 1,265,076 62,649 1,013,692 L1910 Motorized Equip Replace - LP 17,437,127 - 17,437,127 11,827,828 4,101,340 1,507,958 L1911 Garage - Off Cycle Replacements 500,000 - 500,000 205,544 - 294,456 M1914 Sustainability Initiatives 200,000 - 200,000 76,350 70,360 53,290 M2007 City EOC Maintenance 100,000 - 100,000 - - 100,000 L2001/M2010 P25 Radio Equipment & Infrast 2,543,104 665,000 3,208,104 - 2,863,944 344,160 4 M2201 Studio/Production Eqp.25,000 1,344 26,344 - - 26,344 5 Sub-Total 71,654,624 966,344 72,620,968 36,869,049 8,311,911 27,440,008 Actual Expenditures 27 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2021 - DECEMBER 31, 2021 Budget Revised Project Open Available Amend Description 10/1/21 Amdmts Budget To Date Encumbran Balance Status Ref Actual Expenditures Police Protection 94238 Police Vehicles 2,602,032 - 2,602,032 2,491,068 - 110,964 C2201 Police CAD Replacement 900,000 - 900,000 - - 900,000 C2206 PD Equipment Facility 750,000 - 750,000 - - 750,000 P1802 Police Equipment Replacement 679,686 - 679,686 483,191 188,864 7,631 P1803 Command Bus Refurbishment 200,000 - 200,000 - 123,745 76,255 P1902 Police Information Systems 425,000 - 425,000 357,945 - 67,055 P2102 Training Range Sound Mitigation 820,000 - 820,000 787,787 15,408 16,805 PD00180001 Police District 3 Station 13,050,000 - 13,050,000 3,834,197 8,808,182 407,621 Sub-Total 19,426,718 - 19,426,718 7,954,187 9,136,200 2,336,331 Fire Protection 91218 Fire Engine Replacement 3,520,566 - 3,520,566 3,482,241 - 38,326 91236 Rescue Vehicle 602,500 - 602,500 275,930 - 326,570 91244 Aerial Truck 3,218,514 - 3,218,514 2,653,479 - 565,034 91257 AED Program 293,510 - 293,510 171,449 87,200 34,861 91260 Thermal Imaging Cameras 295,270 - 295,270 148,954 - 146,316 91261 Personal Protection Equip 2,564,250 - 2,564,250 2,001,085 - 563,165 91262 SCBA Upgrade - Fill Station 125,000 - 125,000 82,366 - 42,634 91264 Fire Hose Replacement 516,010 - 516,010 301,045 15,426 199,539 91271 Fire Boat 1,008,363 - 1,008,363 619,808 74,363 314,192 C2207 FD Equipment Facility 750,000 - 750,000 - - 750,000 FD00190001 Fire Station 46 - Beach 6,372,693 3,978,000 10,350,693 1,089,392 287,114 8,974,186 6 FD00190002 Fire Station 47 Replacement 4,839,441 - 4,839,441 1,162,921 150,311 3,526,208 M2005 Fire Training Tower 225,286 - 225,286 52,987 - 172,299 Sub-Total 24,331,402 3,978,000 28,309,402 12,041,657 614,415 15,653,330 Fire Rescue Services 91229 Replace & Upgrade Airpacks 1,201,680 - 1,201,680 888,659 - 313,021 91263 Extrication Tools 177,000 - 177,000 125,708 - 51,292 ENGF190002 Beach Guard Tower 258,239 - 258,239 74,288 - 183,950 ENGF200002 Beach Guard Admin Building 85,000 - 85,000 37,283 - 47,717 Sub-Total 1,721,919 - 1,721,919 1,125,938 - 595,981 Gas Utility Services 96358 Environmental Remediation 2,134,794 - 2,134,794 1,815,194 72,007 247,593 96365 Line Relocation-Pinellas Maint 806,106 - 806,106 559,924 - 246,182 96367 Gas Meter Change Out-Pinellas 4,363,000 - 4,363,000 4,098,161 - 264,839 96374 Line Relocation-Pinellas Capital 3,033,500 - 3,033,500 2,457,987 7,195 568,318 96376 Line Relocation - Pasco Maint 334,140 - 334,140 146,186 - 187,954 96377 Pinellas New Mains / Serv Lines 39,496,650 - 39,496,650 35,324,402 5,100 4,167,148 96378 Pasco New Mains / Serv Lines 25,386,980 - 25,386,980 22,478,484 59,280 2,849,216 96379 Pasco Gas Meter Change Out 1,392,821 - 1,392,821 846,348 - 546,473 96381 Line Reloc-Pasco-Capitalized 1,539,160 - 1,539,160 1,277,613 786 260,761 96382 Gas Inventory - Work Mgmt Sys 1,742,000 - 1,742,000 856,268 - 885,732 96384 Gas System - Pinellas Building 28,857,855 - 28,857,855 27,630,631 555,464 671,761 96385 Gas Main Extensions 1,807,845 - 1,807,845 1,503,357 - 304,488 96386 Expanded Energy Conservation 14,878,589 - 14,878,589 12,103,120 - 2,775,468 96387 Natural Gas Vehicle 7,484,584 - 7,484,584 4,677,771 2,373,967 432,846 96389 Future IMS Software & Hardware 1,450,000 - 1,450,000 361,793 - 1,088,207 96391 Gas System Pasco Building 700,000 - 700,000 - - 700,000 M1904 Pinellas Building Equip R&R 800,000 - 800,000 - - 800,000 Sub-Total 136,208,023 - 136,208,023 116,137,237 3,073,799 16,996,987 28 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2021 - DECEMBER 31, 2021 Budget Revised Project Open Available Amend Description 10/1/21 Amdmts Budget To Date Encumbran Balance Status Ref Actual Expenditures Solid Waste Control Services 96426 Facility R & R 3,027,608 - 3,027,608 1,849,997 24,049 1,153,562 96443 Res Container Acquisition 2,326,741 - 2,326,741 1,672,966 - 653,775 96444 Comm Container Acquisition 4,695,420 - 4,695,420 3,949,015 13,970 732,435 96445 Solar Trash & Recycling Kiosks 364,414 - 364,414 239,182 - 125,232 96448 Solid Waste CNG Station 150,000 - 150,000 - - 150,000 96449 Solid Waste Truck Wash Fac 555,500 - 555,500 - - 555,500 96804 Recycling Carts/Dumpsters 1,426,650 - 1,426,650 894,412 - 532,238 96805 Recycling Expan/Particip/R&R 1,341,525 - 1,341,525 1,222,936 - 118,589 C2005/L2005 Underground Refuse Program 1,945,090 - 1,945,090 1,112,324 292,187 540,579 L2201 SW/Recyc Add Veh & Equip 185,000 - 185,000 - - 185,000 SR00180003 Processing Ctr Building Replace 5,062,633 - 5,062,633 4,396 5,058,237 SRTS180001 S.W.Transfer Station Rebuild 19,650,130 - 19,650,130 19,051,177 34,149 564,804 Sub-Total 40,730,710 - 40,730,710 29,996,404 364,355 10,369,951 Water-Sewer Combination Services 96212 Sanitary Sewer Upgrades/Impr 44,040,261 (20,694,830) 23,345,431 7,515,689 2,703,419 13,126,324 7 96213 Marshall Street Upgrades/Impr 15,744,299 - 15,744,299 5,937,016 5,879,701 3,927,582 96214 East Plant Upgrades/Improve 4,150,000 - 4,150,000 343,950 275,901 3,530,148 96215 N.E. Plant Upgrades/Improve 32,263,620 - 32,263,620 4,824,298 17,862,389 9,576,934 96216 Laboratory Upgrade/Improve 1,155,079 - 1,155,079 12,168 - 1,142,912 96217 Pump Station R&R 1,950,192 (600,000) 1,350,192 591,783 4,843 753,566 8 96523 Pub Utilities Adm Bldg R&R 556,703 - 556,703 436,694 - 120,009 96526 Public Utility Admin Building 1,004,306 - 1,004,306 - - 1,004,306 96630 Sanitary Sewer Extension 15,182,068 - 15,182,068 12,606,807 12,907 2,562,355 96634 Sanitary Sewer Relocation 4,629,932 (237,439) 4,392,493 3,355,402 127,772 909,318 9 96645 Laboratory Upgrade & R&R 1,146,761 - 1,146,761 1,126,761 - 20,000 96654 Facilities Upgrade & Improve 13,779,876 - 13,779,876 10,712,615 296,536 2,770,725 96664 Water Pollution Control R & R 32,260,864 (4,179,000) 28,081,864 17,405,572 3,981,570 6,694,722 10 96665 Sanitary Sewer R&R 56,346,228 (2,182,770) 54,163,458 36,905,699 12,769,402 4,488,357 11 96686 Pump Station Replacement 13,613,137 (2,200,000) 11,413,137 5,068,302 883,577 5,461,258 12 96721 System R & R - Maintenance 9,020,686 495,000 9,515,686 2,934,503 76,339 6,504,844 13 96722 Line Relocation - Maintenance 10,718,140 (6,071,672) 4,646,468 3,624,731 102,772 918,966 14 96739 Reclaimed Water Dist Sys 47,316,014 - 47,316,014 45,375,997 440,159 1,499,857 96742 Line Relocation-Capitalized 5,869,275 - 5,869,275 4,255,780 - 1,613,495 96744 System Expansion 3,709,043 - 3,709,043 3,223,618 - 485,425 96764 RO Plant Exp Res #1 16,499,527 - 16,499,527 13,191,314 52,379 3,255,834 96767 RO Plant at Res #2 49,495,439 - 49,495,439 41,784,172 885,174 6,826,093 96773 Groundwater Replenishm Fac 20,900,118 - 20,900,118 5,902,487 - 14,997,631 96782 RO Plant @WTP #3 2,069,594 - 2,069,594 345,076 5,749 1,718,769 96783 Water Sys Upgrades/Improve 9,953,600 - 9,953,600 1,218,032 1,603,260 7,132,308 96784 Reclaim Water Distrib Sys R&R 2,340,936 1,500,000 3,840,936 992,460 460,617 2,387,858 15 96785 Feasibility Studies/Evalu - Water 3,755,000 - 3,755,000 2,212,416 277,133 1,265,451 96786 Devices/Equipments - Water 1,100,000 - 1,100,000 - - 1,100,000 G2206 Portable Generators 630,000 - 630,000 - - 630,000 L1904/l1905/ M2008 Vehicle & Equip-Sewer 1,077,913 - 1,077,913 693,212 304,127 80,574 M1905 Marshall Street Plant R&R 4,160,000 - 4,160,000 212,746 190,655 3,756,599 M1906 Northeast Plant R&R 2,029,313 - 2,029,313 430,513 8,717 1,590,083 M1907 East Plant R&R 5,165,000 - 5,165,000 268,179 3,874 4,892,947 M1908 RO Plant Exp Res #1 R&R 1,300,000 - 1,300,000 40,155 2,045 1,257,800 M1909 RO Plant at Res #2 R&R 1,250,000 - 1,250,000 66,546 969 1,182,485 M1910 Water Treatment Plant #3 R&R 898,851 - 898,851 2,046 969 895,836 M2103 Utilities Bldg & Maint 1,000,000 - 1,000,000 32,075 - 967,925 Sub-Total 438,081,774 (34,170,711) 403,911,063 233,648,815 49,212,953 121,049,295 29 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2021 - DECEMBER 31, 2021 Budget Revised Project Open Available Amend Description 10/1/21 Amdmts Budget To Date Encumbran Balance Status Ref Actual Expenditures Flood Protection/SW Management C1908 Stormwater Vehicles & Equip 4,388,380 - 4,388,380 3,249,784 394,918 743,678 ENST180001 Stormwater Pipe System Improve 13,389,067 - 13,389,067 3,551,266 2,990,589 6,847,212 ENST180002 Allen's Creek 2,816,271 - 2,816,271 2,509,926 - 306,345 ENST180003 Stormwater System Expansion 1,094,986 - 1,094,986 - - 1,094,986 ENST180004 Stevenson Creek 2,935,066 - 2,935,066 37,612 19,310 2,878,145 ENST180005 Coastal Basin 4,328,800 (450,000) 3,878,800 2,799,471 169,062 910,267 16 ENST180006 Alligator Creek Watershed 3,592,512 - 3,592,512 444,062 192,205 2,956,244 ENST180008 Hillcrest Bypass Culvert 4,096,167 - 4,096,167 3,611,508 - 484,658 ENST180010 Lower Spring Branch Improve 2,320,000 - 2,320,000 265,153 43,891 2,010,956 Sub-Total 38,961,249 (450,000) 38,511,249 16,468,782 3,809,974 18,232,492 Other Physical Environment 93422 Dredging of City Waterways 1,246,204 - 1,246,204 483,487 - 762,717 C2208 Coopers Point 1,400,000 - 1,400,000 - - 1,400,000 ENGF180006 City-wide Docks and Seawall 2,586,739 - 2,586,739 1,294,552 - 1,292,188 ENGF180010 Pollutant Storage Tank 419,408 - 419,408 43,380 - 376,028 ENGF180011 Environmental Assmt & Clean-up 763,636 - 763,636 106,062 22,398 635,176 ENGF180012 Public Works Complex 1,615,664 - 1,615,664 1,926 - 1,613,738 ENGF180014 Seminole Boat Launch Improve 6,752,000 - 6,752,000 4,288,508 53,125 2,410,367 M2002 Environ Park Remediate & Protect 150,000 - 150,000 - - 150,000 M2006 Right of Way Tree Mgt Prog 500,000 - 500,000 78,217 - 421,784 Sub-Total 15,433,651 - 15,433,651 6,296,131 75,523 9,061,997 Road and Street Facilities C2102 Fort Harrison Reconstruction 11,015,576 - 11,015,576 - - 11,015,576 C2103 Downtown Streetscaping 15,864,691 1,659,111 17,523,802 3,086,138 12,107,042 2,330,622 17 C2105 Mercado - Downtown Gateway 500,000 427,795 927,795 927,795 - - 18 ENGF180001 Downtown Streetscaping 1,644,610 - 1,644,610 1,567,006 - 77,605 ENGF200003 Memorial Causeway Bridge Lighting 200,000 - 200,000 152,656 - 47,344 ENRD180002 Bridge Maintenance & Improve 8,849,747 - 8,849,747 925,167 3,930,064 3,994,516 ENRD180003 Traffic Calming 2,205,031 - 2,205,031 395,044 - 1,809,987 ENRD180004 Streets and Sidewalks 21,072,094 - 21,072,094 10,468,166 1,791,156 8,812,773 ENRD180005 City-Wide Intersection Improve 2,613,430 - 2,613,430 866,266 - 1,747,164 ENRD180006 Traffic Signals 1,284,534 - 1,284,534 804,294 128,165 352,075 ENRD180007 Traffic Safety Infrastructure 1,281,765 - 1,281,765 732,760 151,176 397,829 Sub-Total 66,531,479 2,086,906 68,618,385 19,925,292 18,107,603 30,585,491 Airpark 94817 Airpark Maintenance & Repair 338,976 269 339,245 255,076 - 84,169 19 G1901 Replace Hangar C 1,305,000 - 1,305,000 1,071,100 223,378 10,522 G2012 Clw Airpark Vehicle Replace 32,018 (1,345) 30,673 30,673 - - C 20 G2108 Security System Upgrade 150,000 - 150,000 66,484 7,169 76,347 Sub-Total 1,825,994 (1,076) 1,824,918 1,423,333 230,547 171,038 Water Transportation System 93415 Waterway Maintenance 750,000 - 750,000 480,686 38,829 230,485 Sub-Total 750,000 - 750,000 480,686 38,829 230,485 Parking Facilities ENPK180001 Parking Lot Resurfacing 758,476 - 758,476 31,609 - 726,867 ENPK180002 Parking Lot Improvements 2,268,802 - 2,268,802 571,801 - 1,697,001 ENPK180003 Parking Facilities 2,169,348 - 2,169,348 907,966 56,718 1,204,664 M2102 Seminole Boat Launch Maint 225,125 - 225,125 19,075 - 206,050 Sub-Total 5,421,752 - 5,421,752 1,530,452 56,718 3,834,582 30 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2021 - DECEMBER 31, 2021 Budget Revised Project Open Available Amend Description 10/1/21 Amdmts Budget To Date Encumbran Balance Status Ref Actual Expenditures Other Transportation 92842 City Wayfinding Project 2,050,000 - 2,050,000 759,052 461,158 829,790 ENGF180002 Downtown Intermodal 924,756 - 924,756 - - 924,756 ENGF180003 Miscellaneous Engineering 354,146 - 354,146 85,347 - 268,800 ENGF180004 Survey Equipment Replacement 33,788 - 33,788 - - 33,788 ENGF180013 Imagine Clearwater 84,661,322 - 84,661,322 17,151,357 63,891,352 3,618,614 Sub-Total 88,024,013 - 88,024,013 17,995,756 64,352,510 5,675,747 Libraries 93527 Books & Other Lib Materials 7,696,601 - 7,696,601 7,645,242 - 51,358 93530 Consolidated Eastside/SPC Libr 5,430,000 - 5,430,000 5,300,608 - 129,392 93532 Libr Maker Space Maint. & Up 282,560 - 282,560 200,775 - 81,785 93534 Library FF&E Repair & Replace 480,000 - 480,000 138,913 - 341,087 94861 Library Technology 1,525,000 - 1,525,000 1,320,243 - 204,757 Sub-Total 15,414,161 - 15,414,161 14,605,782 - 808,379 Parks & Recreation 93133 Park Land Acquisition 1,627,351 - 1,627,351 1,623,963 - 3,388 93247 Fitness Equipment Replacement 550,000 - 550,000 496,447 - 53,553 93271 Swimming Pool R&R 1,742,876 - 1,742,876 1,123,245 468,137 151,495 93272 Bicycle Paths-Bridges 5,420,232 (1,050,000) 4,370,232 3,978,975 24,870 366,387 21 93286 Parking Lot/Bike Path Rsr/Imprv 1,026,618 (40,000) 986,618 610,327 - 376,291 22 93602 Sp Events Equip Rep & Rplcmnt 360,000 - 360,000 323,389 - 36,611 93604 Brdwlks & Docks Rep & Rplcmnt 905,000 - 905,000 662,124 229,379 13,497 93618 Miscellaneous Park & Rec Contract 935,000 - 935,000 513,697 14,731 406,572 93634 Concrete Sidewalk & Pad Repair 488,176 - 488,176 288,162 60,679 139,335 93635 Park Amenity Purch & Rplcmnt 1,460,210 - 1,460,210 1,137,387 124,449 198,375 93636 Tennis Court Resurfacing 1,150,311 - 1,150,311 820,070 3,055 327,185 93637 Playground & Fitness Purch & Rplc 1,358,198 53,000 1,411,198 1,104,847 283,659 22,692 23 93638 Fencing Replacement Program 1,229,664 - 1,229,664 885,879 14,440 329,345 93646 Rest Rm Expan-Barefoot Bch House 520,950 - 520,950 518,374 1,500 1,076 93667 Del Oro Park Renovations 450,000 2,236,000 2,686,000 4,494 - 2,681,506 24 93672 Clw Bch Infrast Repairs & Improve 447,690 - 447,690 401,004 - 46,686 93673 Jack Russell Stadium Improve 1,154,582 (102,852) 1,051,730 1,051,730 - - 25 C1902 Long Center Parking Improve 550,000 - 550,000 422,443 73,476 54,081 C1903 Phillies Entrance Sign 150,000 - 150,000 - - 150,000 C1904 Ruth Eckerd Hall 8,500,000 - 8,500,000 7,000,000 - 1,500,000 C2002 Ed Wright Park Renovations 600,000 - 600,000 - - 600,000 C2202 Long Center Major Reno 2,000,000 - 2,000,000 2,030 49,087 1,948,883 C2209 Neighborhood Park Renovations 400,000 (400,000) - - - - 26 L1901 P&R Vehicle and Equip Additions 546,210 - 546,210 481,007 39,431 25,772 M1915 Belmont Park Revitalization 627,909 - 627,909 317,352 232,347 78,211 ENGF180007 Phillip Jones Park Renovations 224,726 - 224,726 52,204 10,994 161,528 Sub-Total 34,425,704 696,148 35,121,852 23,819,149 1,630,232 9,672,470 Cultural Services A1901 Miscellaneous Minor Public Art 202,079 - 202,079 77,033 - 125,046 A2201 Cultural Arts Plan 70,000 - 70,000 - - 70,000 Sub-Total 272,079 - 272,079 77,033 - 195,046 31 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2021 - DECEMBER 31, 2021 Budget Revised Project Open Available Amend Description 10/1/21 Amdmts Budget To Date Encumbran Balance Status Ref Actual Expenditures Special Recreation Facilities 93203 Carpenter Field-Infras Rep/Imprv 932,817 - 932,817 730,514 126,095 76,208 93205 Baycare Ballpark Infrast Rep/Improv 5,257,649 653 5,258,302 3,716,240 1,027,046 515,016 27 93278 Long Center Infra Repairs 2,430,815 (53,000) 2,377,815 2,274,090 7,076 96,649 28 93410 Clwr Harbor Marina Maint R&R 372,500 - 372,500 323,670 7,400 41,430 93418 Utilities Services Replacement 512,714 - 512,714 170,456 - 342,258 93420 Fuel System R & R 222,752 - 222,752 150,297 - 72,454 93499 Pier 60/Sailing Center Maint 601,952 (230,000) 371,952 344,505 218 27,228 29 93620 Sports Field Lighting 750,362 - 750,362 282,887 351,589 115,886 93633 Pier 60 Pk & Bchwlk Rep & Improv 1,839,377 - 1,839,377 1,069,155 5,726 764,497 93642 Phillip-Jones Restroom/Concess 557,944 - 557,944 279,688 2,000 276,255 93650 Crest Lake Park Improvement 7,690,532 - 7,690,532 7,331,691 181,027 177,815 93654 Recreation Centers Infras Repairs 732,468 - 732,468 420,250 22,850 289,368 C1905 Beach Marina Upgrade 2,150,000 - 2,150,000 15,758 1,484,175 650,068 C1906 Clw Harbor Marina Repl & Up 406,000 - 406,000 142,880 149,100 114,019 C2001 Athletic Flds & Fac Reno/Improve 8,500,000 - 8,500,000 - - 8,500,000 C2203 Ross Norton Skate Park 110,000 - 110,000 - - 110,000 C2204 Soccer Reno EC Moore 40,000 - 40,000 - - 40,000 C2205 Enterprise Dog Park 220,000 40,000 260,000 - 231,011 28,989 30 C2210 Sailing Center Dock Replacement - 732,852 732,852 - - 732,852 31 M1902 Marine Fac Maint Dock R&R 514,970 - 514,970 320,026 8,903 186,041 Sub-Total 33,842,852 490,504 34,333,357 17,572,108 3,604,215 13,157,034 TOTAL ALL PROJECTS 1,033,058,103 (26,403,885) 1,006,654,218 556,284,134 162,580,956 285,045,131 32 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment General Government Programs Lien Foreclosure Program 1 M1913 125,000 To record a budget increase of $125,000.00 in fine revenues to bring the budget in line with actual receipts.125,000 General Government Totals:125,000 - 125,000 Public Safety Programs Foreclosure Registry - Nuisance Abatement 2 98609 7,200 To record a budget increase of $7,200.00 which represents foreclosure registry fees collected to date to bring the budget in line with actual receipts.7,200 Hurricane Irma 3 98610 411,996 To record a budget increase of $411,996.09 in federal and state Irma reimbursements to bring the budget in line with actual receipts.411,996 Police Extra Duty 4 99215 507,355 To record a budget increase of $507,354.75 in police service revenue to bring the budget in line with actual receipts.507,355 Federal Forfeiture Treasury 5 99281 28,651 To record a budget increase of $28,281.59 in revenues from the US Department of Justice and $369.42 in interest earnings which will bring the budget in line with actual receipts.28,651 Police Education Fund 6 99317 13,943 To record a budget increase of $13,943.14 in police education fine revenue which will bring the budget in line with actual receipts.13,943 Investigative Costs Recovery 7 99329 67,480 To record a budget increase of $22,804.41 in grant revenues,and an increase of $44,676.01 in fines,forfeitures and penalties revenue to bring the budget in line with actual receipts. 67,480 Florida Contraband Forfeiture Fund 8 99330 48,172 To record a budget increase of $45,699.05 in fines,forfeitures and penalties revenue and an increase of $2,472.48 of interest earnings which will bring the budget in line with actual receipts.48,172 Vehicle Replacement Fund 9 99350 49,834 To record a budget increase representing a transfer of $49,833.50 from 99215,Police Extra Duty.This represents revenue collected for vehicle usage on extra duty jobs.49,834 Special Program Fund First Quarter Amendments FY 2021/22 33 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Special Program Fund First Quarter Amendments FY 2021/22 Public Safety Programs (continued) Safe Neighborhood Program 10 99356 75,000 To record an increase of $75,000.00 transferred from 99330, Florida Contraband Forfeiture Fund to support community outreach programs.75,000 Crime Prevention Program 11 99364 850 To record a budget increase of $850.00 in donation revenues.This will bring the budget in line with actual receipts.850 Federal Forfeiture Sharing 12 99387 17,079 To record an increase of $13,462.12 in grant revenues from the US Department of Justice,and $3,616.54 of interest earnings which will bring the budget in line with actual receipts.17,079 COVID-19 Prep & Response 13 D2001 500 To record a budget increase of $500.00 in surplus revenue representing trade-in credit on the purchase of equipment.This will bring the budget in line with revenues received.500 School Resource Officers 14 P1801 595,633 To record a budget increase of $10,252.41 in reimbursement revenue from the Pinellas County School Board (PCSB)for SRO extra duty and fiscal year 2020/21 contract increase;and increase of $392,812.32 in reimbursement revenue from PCSB for the annual agreement,and transfer of $192,568.00 in fine,forfeiture and penalty revenue from program 99330,Florida Contraband Forfeiture Fund to fund the 2021/22 school year as approved by the Council on February 18, 2021.595,633 Police Body Worn Camera Program 15 P2002 121,669 To record a budget increase of $27,900.00 in grant revenue from the US Department of Justice for receipt of the FY21 Edward Byrne Memorial Justice Assistance Grant as approved by the Council on November 18, 2021. Amendments also include increases representing transfers of $40,455.00 from special program 99387,Federal Forfeiture Sharing and $53,314.00 of General Fund revenue as approved by the Council on December 16,2021 to fund additional body camera equipment.121,669 34 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Special Program Fund First Quarter Amendments FY 2021/22 Public Safety Programs (continued) DEA Overtime Reimbursement - NEW PROGRAM 16 P2201 10,000 To establish the project and record a budget increase of $10,000.00 in reimbursement revenue from the Drug Enforcement Agency (DEA)to account for special duty assignments.10,000 ESST Overtime Reimbursement - NEW PROGRAM 17 P2202 2,000 To establish the project and record a budget increase of $2,000.00 in reimbursement revenue from the Florida Department of Law Enforcement (FDLE)to account for special duty assignments related to the Electronic Surveillance support Team (ESST).2,000 FBI Overtime Reimbursement - NEW PROGRAM 18 P2203 10,000 To establish the project and record a budget increase of $10,000.00 in reimbursement revenue from the Federal Bureau of Investigation (FBI) to account for special duty assignments.10,000 Secret Service Overtime Reimbursement - NEW PROGRAM 19 P2204 10,000 To establish the project and record a budget increase of $10,000.00 in reimbursement revenue from the US Secret Services Agency to account for special duty assignments.10,000 Public Safety Program Totals:1,977,361 - 1,977,361 Physical Environment Programs Tree Replacement Program 20 99970 15,360 To record a budget increase of $15,360.00 in fines,forfeiture and penalties revenue to bring the budget in line with actual receipts.15,360 Physical Environment Programs Program: Totals:15,360 - 15,360 Economic Environment Programs Public Facilities 2018 - CLOSE PROGRAM 21 99764 36,093 (98,428) To record a budget increase of $36,092.52 in CDBG program income revenue from the NSP3 closeout,and budget transfers of Community Development Block Grant revenue of $39,002.37 to G2201,Public Facilities 2022 and $59,425.79 to G2202,Economic Development 2022.(62,336) Public Facilities 2019 - CLOSE PROGRAM 22 G1902 826 (85,333) To record a budget increase of $826.12 in CDBG program income revenue from the NSP3 closeout,and budget transfer of $85,333.00 in Community Development Block Grant revenue to G2202, Economic Development 2022.(84,507) 35 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Special Program Fund First Quarter Amendments FY 2021/22 Economic Environment Programs (Continued) Public Facilities 2020 - CLOSE PROGRAM 23 G2004 64,661 (65,165) To record a budget increase of $64,661.37 in CDBG program income revenue from the NSP3 closeout,and budget transfers of Community Development Block Grant revenue of $29,543.58 to G2201,Public Facilities 2022 and $35,621.50 to G2202,Economic Development 2022.(504) Public Facilities 2021 24 G2101 198,534 - To record a budget increase of $198,534.00 in CDBG program income revenue from the NSP3 closeout.198,534 Economic Development 2021 25 G2102 65,836 - To record a budget increase of $65,835.78 in CDBG program income revenue from the NSP3 closeout.65,836 Program Administration 2021 - CLOSE PROGRAM 26 G2103 69,323 (113,134) To record a budget increase of $69,323.42 in CDBG program income revenue from the NSP3 closeout,and budget transfer of $113,134.05 in Community Development Block Grant revenue to G2203, Program Administration 2022.(43,811) Public Services 2021 27 G2105 57,898 To record a budget increase of $57,898.27 in CDBG program income revenue from the NSP3 closeout.57,898 Public Facilities 2022 28 G2201 68,546 To record budget transfers in Community Development Bock Grant (CDBG)revenues of $39,002.37 from 99764,Public Facilities 2018; and $29,543.58 from G2004, Public Facilities 2020.68,546 Economic Development 2022 29 G2202 180,380 To record budget transfers in Community Development Bock Grant (CDBG)revenues of $59,425.79 from 99764,Public Facilities 2018; $85,333.00 from G1902, Public Facilities 2019; and $35,621.50 from G2004, Public Facilities 2020.180,380 Program Administration 2022 30 G2203 113,134 To record a budget transfer of $113,134.05 in Community Development Bock Grant (CDBG)revenue from G2103,Program Administration 2021.113,134 Economic Environment Program Totals:493,171 - 493,171 36 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Special Program Fund First Quarter Amendments FY 2021/22 Human Services Programs JWB Youth Programming 31 G2107 394,095 To record a budget increase of $394,095.00 in governmental revenue from the Juvenile Welfare Board (JWB)for fiscal year 2021/22 youth programs as approved by the Council on September 16, 2021.394,095 Human Services Program: Totals:394,095 - 394,095.00 Culture and Recreation Programs Library Special Account 32 99910 2,425 To record a budget increase of $2,425.00 in donation revenue to bring the budget in line with actual receipts.2,425 Special Events 33 PRSE190001 181,858 To record a net budget increase of $14,107.92 in reimbursement revenue to bring the budget in line with actual receipts. Amendments also include an increase of $167,750.00 in General Fund revenue to account for overtime costs for Police Officers at City sponsored events.181,858 Culture and Recreation Program Total:184,283 - 184,283 3,189,270 - 3,189,270 Total Budget Increase/(Decrease): 37 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Special Program Fund First Quarter Amendments FY 2021/22 Intrafund/Interfund Transfers Peg Access Support - CLOSE PROGRAM 99925 1,344 To record a transfer of $1,343.77 to capital project 315-M2201, Studio/Production Equipment. This program will be closed. Police Extra Duty 99215 49,834 To record a transfer of $49,833.50 to 99350,Vehicle Replacement,representing revenue collected for vehicle usage on extra duty jobs. Florida Contraband Forfeiture Fund 99330 267,568 To record a transfer of $75,000.00 to 99356,Safe Neighborhood Program,used to meet the Florida Contraband Forfeiture Act requirement to community programs;and a transfer of $192,568.00 to P1801,School Resource Officers (SRO)to provide additional funding needed for the fiscal year 2021/22 SRO contract. Federal Forfeiture Sharing 99387 40,455 To record a transfer of $40,455.00 to P2002,Police Body Worn Camera Program, as approved by Council on December 16, 2021. Total Interfund Transfers:359,200 38 SPECIAL PROGRAM STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2021 - DECEMBER 31, 2021 Actual Expenditures Revised Revised Project Open Available Amend Description Budget Amdmt Budget To Date Encumbr Balance Status Ref GENERAL GOVERNMENT PROGRAMS 99857 Stimulus - Elctrnc Plan Submittal & Rev 289,000 - 289,000 149,927 - 139,073 99925 Peg Access Support 838,261 - 838,261 838,261 - - C 99928 Nagano Sister City Program 341,519 - 341,519 172,446 - 169,073 M1913 Lien Foreclosure Program 725,984 125,000 850,984 385,631 - 465,353 1 M2101 Planning Studies Fund 750,000 - 750,000 169,617 81,308 499,075 G2109 American Rescue Plan Act Fund 11,241,947 - 11,241,947 - - 11,241,947 Sub-Total 14,186,710 125,000 14,311,710 1,715,882 81,308 12,514,521 PUBLIC SAFETY PROGRAMS 98609 Foreclosure Registry-Nuisance Abtmnt 153,700 7,200 160,900 22,163 - 138,738 2 98610 Hurricane Irma 3,506,686 411,996 3,918,682 2,706,118 - 1,212,563 3 99215 Police Extra Duty 4,924,539 507,355 5,431,894 5,167,391 - 264,504 4 99279 Police Recruitments 231,010 - 231,010 145,149 - 85,861 99281 Fed Forfeitures - Treasury 167,234 28,651 195,885 47,433 - 148,452 5 99316 Police Volunteers 158,519 - 158,519 146,461 - 12,058 99317 Police Education Fund 1,414,856 13,943 1,428,799 1,304,567 - 124,231 6 99329 Investigative Recovery Costs 2,796,014 67,480 2,863,495 2,507,899 - 355,595 7 99330 FL Contraband Forfeiture Fund 1,021,489 48,172 1,069,661 1,025,276 - 44,384 8 99350 Vehicle Replacement Fund 661,532 49,834 711,365 44,133 - 667,232 9 99356 Safe Neighborhood Program 1,352,719 75,000 1,427,719 1,314,131 - 113,588 10 99364 Crime Prevention Program 240,574 850 241,424 169,884 11,000 60,540 11 99387 Federal Forfeiture Sharing 2,462,883 17,079 2,479,961 1,910,972 - 568,989 12 99927 Emergency Operations 4,328,870 - 4,328,870 3,223,029 37,976 1,067,865 99982 EMS Incentive/Recognition 69,700 - 69,700 41,088 - 28,612 D2001 COVID-19 Prep & Response 1,980,740 500 1,981,240 593,276 50,394 1,337,570 13 G2110 Pedestrian/Bicycle Safety Grant 2022 21,455 - 21,455 17,865 - 3,590 P1801 School Resource Officers 1,670,795 595,633 2,266,427 1,744,192 - 522,235 14 P2002 Police Body Worn Camera Program 761,253 121,669 882,922 640,006 - 242,916 15 P2101 Mental Health Co-Responder Team 143,200 - 143,200 107,400 - 35,800 P2201 DEA OT Reimbursement Program - 10,000 10,000 1,107 - 8,893 16 P2202 ESST OT Reimbursement Program - 2,000 2,000 81 - 1,919 17 P2203 FBI OT Reimbursement Program - 10,000 10,000 1,543 - 8,457 18 P2204 Secret Service OT Reimb Program - 10,000 10,000 1,543 - 8,457 19 Sub-Total 28,067,766 1,977,361 30,045,127 22,882,707 99,370 7,063,050 PHYSICAL ENVIRONMENT PROGRAMS 99970 Tree Replacement Program 1,956,306 15,360 1,971,666 965,855 58,534 947,277 20 Sub-Total 1,956,306 15,360 1,971,666 965,855 58,534 947,277 ECONOMIC ENVIRONMENT PROGRAMS 99764 Public Facilities 2018 443,768 (62,336) 381,432 381,432 - (0) C 21 99802 Brownfield Revolving Loan 1,216,732 - 1,216,732 420,381 796,351 99846 Economic Development - QTI 166,879 - 166,879 71,591 - 95,288 G1902 Public Facilities 2019 319,253 (84,507) 234,746 234,746 - (0) C 22 G2004 Public Facilities 2020 105,345 (504) 104,841 104,841 - (0) C 23 G2010 CDBG-CV Fund 1,549,338 - 1,549,338 234,263 80,314 1,234,760 G2011 Back to Business Grant Program 3,550,000 - 3,550,000 1,427,498 - 2,122,502 G2101 Public Facilities 2021 492,291 198,534 690,825 312,247 144,991 233,587 24 G2102 Economic Development 2021 100,000 65,836 165,836 86,100 13,900 65,836 25 G2103 Program Administration 2021 182,446 (43,811) 138,635 138,635 - - C 26 G2105 Public Services 2021 155,486 57,898 213,384 120,477 15,622 77,285 27 M2009 Afford Housing & Comm Development 290,853 - 290,853 13,962 - 276,891 M2105 ED Strategic Plan 153,896 - 153,896 - - 153,896 G2201 Public Facilities 2022 671,925 68,546 740,471 - 644,925 95,546 28 39 SPECIAL PROGRAM STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2021 - DECEMBER 31, 2021 Actual Expenditures Revised Revised Project Open Available Amend Description Budget Amdmt Budget To Date Encumbr Balance Status Ref ECONOMIC ENVIRONMENT PROGRAMS (CONTINUED) G2202 Economic Development 2022 229,866 180,380 410,246 - 100,000 310,246 19 G2203 Program Administration 2022 118,637 113,134 231,771 13,075 30,965 187,731 30 G2204 Infill Housing 2022 86,154 - 86,154 - - 86,154 G2205 Public Services 2022 226,560 - 226,560 24,499 202,061 - Sub-Total 10,059,430 493,171 10,552,601 3,583,749 1,232,778 5,736,075 HUMAN SERVICES PROGRAMS 98601 Next Steps to Better Nutrition 9,000 - 9,000 6,574 - 2,426 98607 Senior Citizens Services - Trips 14,000 - 14,000 10,858 - 3,142 99562 HUD Special Education 30,000 - 30,000 27,600 - 2,400 99844 United Way 16,580 - 16,580 11,645 - 4,935 99869 Health Prevention Program 190,269 - 190,269 180,134 - 10,135 G2107 JWB Youth Programming 802,228 394,095 1,196,323 478,412 1,200 716,711 31 Sub-Total 1,062,077 394,095 1,456,172 715,223 1,200 739,749 CULTURE AND RECREATION PROGRAMS 98608 Clark-Turner Trust (Library)106,077 - 106,077 - - 106,077 99910 Library Special Account 890,525 2,425 892,950 863,250 - 29,700 32 G1907 Clearwater for Youth Grants 30,000 - 30,000 13,074 - 16,926 PRSE190001 Special Events 2,635,227 181,858 2,817,085 - - 2,817,085 33 Sub-Total 3,661,829 184,283 3,846,112 876,324 - 2,969,788 TOTAL ALL PROJECTS 58,994,119 3,189,270 62,183,389 30,739,740 1,473,190 29,970,459 40 City of Clearwater SPECIAL DEVELOPMENT FUND First Quarter FY 2021/22 Increase/ (Decrease)Description Revenues No amendments are proposed to Special Development Fund revenues at first quarter. -$ Net Revenue Amendments Expenditures No amendments are proposed to Special Development Fund expenditures at first quarter. -$ Net Expenditure Amendments 41 SPECIAL REVENUE FUNDS First Quarter: October 1, 2021 - December 31, 2021 Original First Quarter Budget Amended Budget 2021/22 2021/22 Amendments Revenues: Ad Valorem Taxes 3,634,340 3,634,340 - Infrastructure Tax 12,699,480 12,699,480 - Interest Earnings 300,000 300,000 - Open Space Fees - - Recreation Facility Impact Fees - - - Recreation Land Impact Fees - - - Fee in Lieu of Sidewalks - - - Multi-Modal Impact Fees 150,000 150,000 - Local Option Gas Tax 1,350,000 1,350,000 - Allocation of Assigned Fund Balance - - - 18,133,820 18,133,820 - Expenditures: Transfer to Capital Improvement Fund Road Millage 3,634,340 3,634,340 - Infrastructure Tax 5,350,300 5,350,300 - Recreation Facility Land Fees - - - Open Space Impact Fees - - - Multi-Modal Impact fees 140,000 140,000 - Local Option Gas Tax 1,327,150 1,327,150 - Infrastructure Tax - Debt on Internal L 6,000,000 6,000,000 - 16,451,790 16,451,790 - Revenues: CDBG/Home Funds 922,626 922,626 - Interest Earnings 75,000 81,458 6,458 Intergovernmental Revenue - 1,333,604 1,333,604 Charges for Service Revenue - 514,555 514,555 Judgments, Fines and Forfeit Revenue - 244,678 244,678 Miscellaneous Revenue - 17,883 17,883 Transfers from General Fund: Sister City Program 37,380 37,380 - Planning Study Fund 275,000 275,000 - United Way Campaign Fund 1,500 1,500 - Special Events 70,000 237,750 167,750 Economic Development Strategic Pla 88,230 88,230 - Police Recruitments 30,000 30,000 - Police Body Worn Camera Program 75,000 128,314 53,314 Transfers from other Housing Funds - 493,171 493,171 Transfers from Special Programs - 357,857 357,857 1,574,736 4,764,006 3,189,270 SPECIAL DEVELOPMENT FUND SPECIAL PROGRAM FUND 42 SPECIAL REVENUE FUNDS First Quarter: October 1, 2021 - December 31, 2021 Original First Quarter Budget Amended Budget 2021/22 2021/22 Amendments Expenditures: General Government 312,380 437,380 125,000 Public Safety 105,000 2,082,361 1,977,361 Physical Environment - 15,360 15,360 Economic Environment 820,831 1,314,002 493,171 Human Services 1,500 395,595 394,095 Culture and Recreation 70,000 254,283 184,283 Interfund Transfers 190,025 190,025 - Transfer to Capital Fund - - - 1,499,736 4,689,006 3,189,270 Revenues: HOME Investment Partnerships 452,259 452,259 - State Housing Initiatives Partnerships 779,230 779,230 - Total - HOME/SHIP Funds 1,231,489 1,231,489 - Expenditures: Economic Environment 1,108,344 1,108,344 - Interfund Transfers 123,145 123,145 - Total - HOME/SHIP Programs 1,231,489 1,231,489 - OTHER HOUSING ASSISTANCE FUNDS 43 ADMINISTRATIVE CHANGE ORDERS First Quarter Review FY 2021/22 44 In accordance with City of Clearwater Code Section 2.554(6), the City Manager may approve and execute change orders without City Council approval within certain limitations. The following change orders have been administratively approved since the last report to the Council based on the code specified criteria: 1. The city manager may increase any contract up to a total award of one hundred thousand dollars ($100,000.00). 2. The city manager may approve any increase of contract up to a maximum of ten percent (10%) over the most recent award of the city council. 3. No contract price increase shall be approved unless sufficient funds are available for such purpose. 4. Contract price decreases may be approved without limitation. 5. The time for completion may be extended up to ninety (90) days, in any one change or cumulatively for the same project, beyond the most recent city council approved completion time. ***** 09/15/21 Administrative Change Order #4 – Clearwater Gas System Facility Redevelopment (15-0043-GA). This change order increases items in accordance with field conditions resulting in a net increase to the contract. Walbridge Aldinger, LLC 108,887.46 09/15/21 Administrative Change Order #1 & Final – Marshall Street & Northeast WRF Crack Sealing (FDEP) (18-0046-UT). This change order increases and decreases items in accordance with field conditions resulting in a net decrease to close the contract. One Source Restoration & Building Services, Inc. (6,297.00) 01/07/22 Administrative Change Order #1 – Cleveland St. Streetscape Phase 3 & Festival Core (16-0003-EN). This change order increases and decreases items in accordance with field conditions resulting in no change to the contract total. Gibbs & Register, Inc. (0.00) Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9561-22 2nd rdg Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.26 SUBJECT/RECOMMENDATION: Continue to a date uncertain: Adopt Ordinance 9561-22 on second reading, annexing two certain unaddressed parcels along US Highway 19 North into the corporate boundaries of the City of Clearwater and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/31/2022 Ordinance No. 9561-22 ORDINANCE NO. 9561-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN UNADDRESSED REAL PROPERTIES LOCATED ON THE EAST SIDE OF US HIGHWAY 19 NORTH APPROXIMATELY 1,170 FEET SOUTH OF SUNSET POINT ROAD, ALL IN CLEARWATER, FLORIDA 33759 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real properties described herein and depicted on the map attached hereto as Exhibit “B” have petitioned the City of Clearwater to annex the properties into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described properties are hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit “A” for legal descriptions; (ANX2021-12020) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9561-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2021-12020 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 05-29-16-00000-320-0200 0 U.S. Highway 19 N. Begin at the Northwest corner of the SW 1/4 of Section 5, Township 29 South, Range 16 East and run thence S 1° 08' 45" W. along the Section line 228.08 feet; thence S 88° 34' 39" E., 100. 0 feet; thence S 1° 08' 45" W., 33.0 feet; thence S 88° 34' 39" E., 16.0 feet for P.O.B.; thence S 88° 34' 39" E., along the Southerly boundary of County Road #50, 300.0 feet to the NW corner of Carlton Terrace as recorded in Plat Book 41, Page 16 of the public records of Pinellas County, Florida; thence S 1° 08' 45" W., along the Westerly boundary of said Carlton Terrace 1063.82 feet to the Southwest corner of said Carlton Terrace; thence N 89° 40' 43" W., along the 40-acre line 300.0 feet; thence N 1° 08' 45" E., along the Easterly boundary of U.S. Highway #19, 1009.59 feet; thence N 16° 05' 38" E., 62.01 feet to the P.O.B.; Less the South 419.0 feet thereof and LESS the following described tract: Begin at the Northwest corner of the SW 1/4 of Section 5, Township 29 South, Range 16 East, and run thence S. 1° 08' 45" W. along the section line 228.08 ft.; thence S. 88° 34' 39" E, 100.0 feet; thence S. 1° 08' 45" W., 33.0 feet; thence S. 88° 34' 39" E., 16.0 feet for P.O.B.; thence S. 88° 34' 39" E., 254.0 feet; thence S. 1° 08' 45" W., 170.0 feet; thence N. 88° 34' 39" W., 270.0 feet; thence N. 1° 08' 45" E., 110.0 feet; thence N. 16° 05' 38" E., 62.01 feet to P.O.B. No. Parcel ID Lot No., Block No. Address 2. 05-29-16-00000-320-0300 0 U.S. Highway 19 N. The South Four Hundred Nineteen feet (S. 419’) of the West Four Hundred feet (W. 400’) of the Northwest One-quarter (N.W. ¼) of the Southwest One-Quarter (S.W. ¼) of Section 5, Township 29 South, Range 16 East, LESS the West One Hundred feet (W. 100’) for road right-of-way, situated on U.S. Highway 19 North. Exhibit “B” PROPOSED ANNEXATION Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 W US-19 FRONTAGE RDEUS-19FRONTAGERDSOUTH DR MORNINGSIDE DR WOODRING DR CARLTON DRUS Hwy 19 N23582 1800 2640 236## 1824 1813 1830 1866 1778263123894 235##26431807 2618 186523837 263423509 1804 1806 1837 1831 23902 1801 26411825 1860 262523499 2622642239## 1824 2636 1836 1774 23886 23894 1830 26351812 1848 23610 1819 1842 1818 1854 1836 2612 23660181223656263426451818 1806 1800 2648237## 238##26372365423894 -Not to Scale--Not a Survey-Rev. 1/21/2022 LOCATION MAP Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 AUDREY DRWOODRING DR STA G R U N B L V D SUNSET POINT RD MORNINGSIDE DRW US-19 FRONTAGE RDUS Hwy 19 NE US-19 FRONTAGE RDN TERRACE DR COACH MANPLAZADRCARLTON DRSOUTH DRLAWSON RDHARBOR CIR OWEN DRCARDINAL DR^PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/24/2022 ^ PROJECT SITE AERIAL PHOTOGRAPH Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 1865 2641W US-19 FRONTAGE RDW US-19 FRONTAGE RDEEUUSS--1199FFRROONNTTAAGGEERRDDSOUTH DRSOUTH DR MMOORRNNIINNGGSSIIDDEE DDRR WOODRING DRWOODRING DR CARLTON DRCARLTON DRUS Hwy 19 NUS Hwy 19 N-Not to Scale--Not a Survey-Rev. 1/21/2022 EXISTING SURROUNDING USES MAP Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 W US-19 FRONTAGE RDEUS-19FRONTAGERDSOUTH DR MORNINGSIDE DR WOODRING DR CARLTON DRUS Hwy 19 N23582 1800 2640 236## 1824 1813 1830 1866 1778263123894 235##26431807 2618 186523837 263423509 1804 1806 1837 1831 23902 1801 26411825 1860 262523499 2622642239## 1824 2636 1836 1774 23886 23894 1830 26351812 1848 23610 1819 1842 1818 1854 1836 2612 23660181223656263426451818 1806 1800 2648237## 238##26372365423894 -Not to Scale--Not a Survey-Rev. 1/21/2022 Retail Plaza Automobile Sales Vacant Stormwater Ponds Detached Dwellings ANX2021-12020 Gilbert G. Jannelli Unaddressed US Highway 19 North View looking east at the northern unaddressed property South of the northern subject property North of the northern subject property Across the street, to the west of the northern subject property View looking northerly along US Highway 19 North View looking southerly along US Highway 19 North ANX2021-12020 Gilbert G. Jannelli Unaddressed US Highway 19 North View looking east at the southern unaddressed property South of the northern subject property North of the southern subject property Across the street, to the west of the northern subject property View looking northerly along US Highway 19 North View looking southerly along US Highway 19 North Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9562-22 2nd rdg Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.27 SUBJECT/RECOMMENDATION: Continue to a date uncertain: Adopt Ordinance 9562-02 on second reading, amending the future land use element of the comprehensive plan of the city, to designate the land use for certain unaddressed real properties located on the east side of US Highway 19 North, approximately 1,170 feet south of Sunset Point Road, upon annexation into the city of clearwater, as US 19-Neighborhood Center (US 19-NC). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/31/2022 Ordinance No. 9562-22 ORDINANCE NO. 9562-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN UNADDRESSED REAL PROPERTIES LOCATED ON THE EAST SIDE OF US HIGHWAY 19 NORTH APPROXIMATELY 1,170 FEET SOUTH OF SUNSET POINT ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS US 19-NEIGHBORHOOD CENTER (US 19-NC); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described properties, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit “A” for legal descriptions; US 19 Neighborhood Center (US 19- NC) (ANX2021-12020) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect subject to the City’s adoption of Ordinance 9561-22 and contingent upon approval of the Countywide Plan land use designation by the Pinellas County Board of Commissioners, where applicable, thirty-one (31) days post-adoption, pursuant to Section 163.3187, Florida Statutes. If this ordinance is appealed within thirty (30) days after adoption, then this ordinance will take effect only after approval of the Countywide Plan land use designation by the Pinellas County Board of Commissioners and upon issuance of a final order determining this amendment to be in compliance either by the Department of Economic Opportunity (DEO) or the Administration Commission, where applicable, pursuant to section 163.3187, Florida Statutes. The Community Development Coordinator is authorized to transmit to Forward Pinellas, in its role as the Pinellas Planning Council, an application to amend the Ordinance No. 9562-22 Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2021-12020 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 05-29-16-00000-320-0200 0 U.S. Highway 19 N. Begin at the Northwest corner of the SW 1/4 of Section 5, Township 29 South, Range 16 East and run thence S 1° 08' 45" W. along the Section line 228.08 feet; thence S 88° 34' 39" E., 100. 0 feet; thence S 1° 08' 45" W., 33.0 feet; thence S 88° 34' 39" E., 16.0 feet for P.O.B.; thence S 88° 34' 39" E., along the Southerly boundary of County Road #50, 300.0 feet to the NW corner of Carlton Terrace as recorded in Plat Book 41, Page 16 of the public records of Pinellas County, Florida; thence S 1° 08' 45" W., along the Westerly boundary of said Carlton Terrace 1063.82 feet to the Southwest corner of said Carlton Terrace; thence N 89° 40' 43" W., along the 40-acre line 300.0 feet; thence N 1° 08' 45" E., along the Easterly boundary of U.S. Highway #19, 1009.59 feet; thence N 16° 05' 38" E., 62.01 feet to the P.O.B.; Less the South 419.0 feet thereof and LESS the following described tract: Begin at the Northwest corner of the SW 1/4 of Section 5, Township 29 South, Range 16 East, and run thence S. 1° 08' 45" W. along the section line 228.08 ft.; thence S. 88° 34' 39" E, 100.0 feet; thence S. 1° 08' 45" W., 33.0 feet; thence S. 88° 34' 39" E., 16.0 feet for P.O.B.; thence S. 88° 34' 39" E., 254.0 feet; thence S. 1° 08' 45" W., 170.0 feet; thence N. 88° 34' 39" W., 270.0 feet; thence N. 1° 08' 45" E., 110.0 feet; thence N. 16° 05' 38" E., 62.01 feet to P.O.B. No. Parcel ID Lot No., Block No. Address 2. 05-29-16-00000-320-0300 0 U.S. Highway 19 N. The South Four Hundred Nineteen feet (S. 419’) of the West Four Hundred feet (W. 400’) of the Northwest One-quarter (N.W. ¼) of the Southwest One-Quarter (S.W. ¼) of Section 5, Township 29 South, Range 16 East, LESS the West One Hundred feet (W. 100’) for road right-of-way, situated on U.S. Highway 19 North. Exhibit “B” PROPOSED FUTURE LAND USE MAP Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : Resiential/Office/ Retail (R/O/R) CP Commercial Parkway Atlas Page: 264A To: US 19-Neighborhood Center (US 19-NC) US 19 W US-19 FRONTAGE RDEUS-19FRONTAGERDSOUTH DR MORNINGSIDE DR WOODRING DR CARLTON DRUS Hwy 19 N23582 1800 2640 236## 1824 1813 1830 1866 1778263123894 235##26431807 2618 186523837 263423509 1804 1806 1837 1831 23902 1801 26411825 1860 262523499 26226421824 2636 1836 1774 23886 1830 26351812 1848 23610 1819 1842 1818 1854 1836 2612 23660181223656263426451818 1806 1800 2648237## 238##263723654US 19-NC RLRU RL RL US 19-NC R/O/R RL US 19-NC RU US 19-NC WATER US 19-NC -Not to Scale--Not a Survey-Rev. 1/25/2022 LOCATION MAP Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 AUDREY DRWOODRING DR STA G R U N B L V D SUNSET POINT RD MORNINGSIDE DRW US-19 FRONTAGE RDUS Hwy 19 NE US-19 FRONTAGE RDN TERRACE DR COACH MANPLAZADRCARLTON DRSOUTH DRLAWSON RDHARBOR CIR OWEN DRCARDINAL DR^PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/24/2022 ^ PROJECT SITE AERIAL PHOTOGRAPH Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 1865 2641W US-19 FRONTAGE RDW US-19 FRONTAGE RDEEUUSS--1199FFRROONNTTAAGGEERRDDSOUTH DRSOUTH DR MMOORRNNIINNGGSSIIDDEE DDRR WOODRING DRWOODRING DR CARLTON DRCARLTON DRUS Hwy 19 NUS Hwy 19 N-Not to Scale--Not a Survey-Rev. 1/21/2022 EXISTING SURROUNDING USES MAP Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 W US-19 FRONTAGE RDEUS-19FRONTAGERDSOUTH DR MORNINGSIDE DR WOODRING DR CARLTON DRUS Hwy 19 N23582 1800 2640 236## 1824 1813 1830 1866 1778263123894 235##26431807 2618 186523837 263423509 1804 1806 1837 1831 23902 1801 26411825 1860 262523499 2622642239## 1824 2636 1836 1774 23886 23894 1830 26351812 1848 23610 1819 1842 1818 1854 1836 2612 23660181223656263426451818 1806 1800 2648237## 238##26372365423894 -Not to Scale--Not a Survey-Rev. 1/21/2022 Retail Plaza Automobile Sales Vacant Stormwater Ponds Detached Dwellings ANX2021-12020 Gilbert G. Jannelli Unaddressed US Highway 19 North View looking east at the northern unaddressed property South of the northern subject property North of the northern subject property Across the street, to the west of the northern subject property View looking northerly along US Highway 19 North View looking southerly along US Highway 19 North ANX2021-12020 Gilbert G. Jannelli Unaddressed US Highway 19 North View looking east at the southern unaddressed property South of the northern subject property North of the southern subject property Across the street, to the west of the northern subject property View looking northerly along US Highway 19 North View looking southerly along US Highway 19 North Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9563-22 2nd rdg Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 12.28 SUBJECT/RECOMMENDATION: Continue to a date uncertain: Adopt Ordinance 9563-02 on second reading, amending the zoning atlas of the city by zoning certain unaddressed real properties located on the east side of US Highway 19 North, approximately 1,170 feet south of Sunset Point Road, all in Clearwater, Florida 33759, upon annexation into the city of Clearwater, as US 19. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/31/2022 Ordinance No. 9563-22 ORDINANCE NO. 9563-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN UNADDRESSED REAL PROPERTIES LOCATED ON THE EAST SIDE OF US HIGHWAY 19 NORTH APPROXIMATELY 1,170 FEET SOUTH OF SUNSET POINT ROAD, ALL IN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS US 19; PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described properties located in Pinellas County, Florida, are hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance 9561-22, and subject to the approval of the land use designation set forth in Ordinance 9562-22 and the Countywide Plan land use designation approved by the Pinellas County Board of County Commissioners. Property Zoning District See attached Exhibit “A” for legal descriptions; US 19 (ANX2021-12020) Ordinance No. 9563-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2021-12020 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 05-29-16-00000-320-0200 0 U.S. Highway 19 N. Begin at the Northwest corner of the SW 1/4 of Section 5, Township 29 South, Range 16 East and run thence S 1° 08' 45" W. along the Section line 228.08 feet; thence S 88° 34' 39" E., 100. 0 feet; thence S 1° 08' 45" W., 33.0 feet; thence S 88° 34' 39" E., 16.0 feet for P.O.B.; thence S 88° 34' 39" E., along the Southerly boundary of County Road #50, 300.0 feet to the NW corner of Carlton Terrace as recorded in Plat Book 41, Page 16 of the public records of Pinellas County, Florida; thence S 1° 08' 45" W., along the Westerly boundary of said Carlton Terrace 1063.82 feet to the Southwest corner of said Carlton Terrace; thence N 89° 40' 43" W., along the 40-acre line 300.0 feet; thence N 1° 08' 45" E., along the Easterly boundary of U.S. Highway #19, 1009.59 feet; thence N 16° 05' 38" E., 62.01 feet to the P.O.B.; Less the South 419.0 feet thereof and LESS the following described tract: Begin at the Northwest corner of the SW 1/4 of Section 5, Township 29 South, Range 16 East, and run thence S. 1° 08' 45" W. along the section line 228.08 ft.; thence S. 88° 34' 39" E, 100.0 feet; thence S. 1° 08' 45" W., 33.0 feet; thence S. 88° 34' 39" E., 16.0 feet for P.O.B.; thence S. 88° 34' 39" E., 254.0 feet; thence S. 1° 08' 45" W., 170.0 feet; thence N. 88° 34' 39" W., 270.0 feet; thence N. 1° 08' 45" E., 110.0 feet; thence N. 16° 05' 38" E., 62.01 feet to P.O.B. No. Parcel ID Lot No., Block No. Address 2. 05-29-16-00000-320-0300 0 U.S. Highway 19 N. The South Four Hundred Nineteen feet (S. 419’) of the West Four Hundred feet (W. 400’) of the Northwest One-quarter (N.W. ¼) of the Southwest One-Quarter (S.W. ¼) of Section 5, Township 29 South, Range 16 East, LESS the West One Hundred feet (W. 100’) for road right-of-way, situated on U.S. Highway 19 North. Exhibit “B” PROPOSED ZONING MAP Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : Resiential/Office/ Retail (R/O/R) CP Commercial Parkway Atlas Page: 264A To: US 19-Neighborhood Center (US 19-NC) US 19 US 19 W US-19 FRONTAGE RDEUS-19FRONTAGERDSOUTH DR MORNINGSIDE DR WOODRING DR CARLTON DRUS Hwy 19 N23582 1800 2640 236## 1824 1813 1830 1866 1778263123894 235##26431807 2618 186523837 263423509 1804 1806 1837 1831 23902 1801 26411825 1860 262523499 26226421824 2636 1836 1774 23886 1830 26351812 1848 23610 1819 1842 1818 1854 1836 2612 23660181223656263426451818 1806 1800 2648237## 238##263723654US 19 LMDR LMDR LMDR LMDR LMDR LMDR P LMDR-Not to Scale--Not a Survey-Rev. 1/25/2022 LOCATION MAP Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 AUDREY DRWOODRING DR STA G R U N B L V D SUNSET POINT RD MORNINGSIDE DRW US-19 FRONTAGE RDUS Hwy 19 NE US-19 FRONTAGE RDN TERRACE DR COACH MANPLAZADRCARLTON DRSOUTH DRLAWSON RDHARBOR CIR OWEN DRCARDINAL DR^PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/24/2022 ^ PROJECT SITE AERIAL PHOTOGRAPH Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 1865 2641W US-19 FRONTAGE RDW US-19 FRONTAGE RDEEUUSS--1199FFRROONNTTAAGGEERRDDSOUTH DRSOUTH DR MMOORRNNIINNGGSSIIDDEE DDRR WOODRING DRWOODRING DR CARLTON DRCARLTON DRUS Hwy 19 NUS Hwy 19 N-Not to Scale--Not a Survey-Rev. 1/21/2022 EXISTING SURROUNDING USES MAP Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 W US-19 FRONTAGE RDEUS-19FRONTAGERDSOUTH DR MORNINGSIDE DR WOODRING DR CARLTON DRUS Hwy 19 N23582 1800 2640 236## 1824 1813 1830 1866 1778263123894 235##26431807 2618 186523837 263423509 1804 1806 1837 1831 23902 1801 26411825 1860 262523499 2622642239## 1824 2636 1836 1774 23886 23894 1830 26351812 1848 23610 1819 1842 1818 1854 1836 2612 23660181223656263426451818 1806 1800 2648237## 238##26372365423894 -Not to Scale--Not a Survey-Rev. 1/21/2022 Retail Plaza Automobile Sales Vacant Stormwater Ponds Detached Dwellings ANX2021-12020 Gilbert G. Jannelli Unaddressed US Highway 19 North View looking east at the northern unaddressed property South of the northern subject property North of the northern subject property Across the street, to the west of the northern subject property View looking northerly along US Highway 19 North View looking southerly along US Highway 19 North ANX2021-12020 Gilbert G. Jannelli Unaddressed US Highway 19 North View looking east at the southern unaddressed property South of the northern subject property North of the southern subject property Across the street, to the west of the northern subject property View looking northerly along US Highway 19 North View looking southerly along US Highway 19 North Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0329 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 15.1 SUBJECT/RECOMMENDATION: Continuum of Care Update - Councilmember Beckman SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/31/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0337 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 19.1 SUBJECT/RECOMMENDATION: Oath of Office to Councilmembers SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/31/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0259 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 19.2 SUBJECT/RECOMMENDATION: April Service Awards SUMMARY: 5 Years of Service Stephanie Clark Police Brenda Fontane-Villamil Finance Nina Borders Fire Matthew Demarco Fire Alejandro Montoya Fire Joshua Peterson Fire Jacob Rivero Fire John Sims Fire Tyler Whitfield Fire Nicholas Wolfgram Fire Daniel Kasman Planning & Development Kelly Athan General Services William Eddy Parks & Recreation Alan Brooks Public Utilities Justin Lewen Gas John Dressman Police Henry Giles Police Brian Hoxie Police Kevin Vigh Police Christopher Horsely Official Records & Legislative Services 10 Years of Service Mark Parry Planning & Development Tracy Loibl Police Dustin Purcell Public Utilities Terrance Elkins Parks & Recreation 15 Years of Service Charles Stephenson Engineering/Traffic Page 1 City of Clearwater Printed on 3/31/2022 File Number: ID#22-0259 John McDowell Parks & Recreation 20 Years of Service Joelle Castelli Public Communications Deborah Lemon Parks & Recreation Delaney Mulholland Gas 25 Years of Service Cheryl Wood Police Page 2 City of Clearwater Printed on 3/31/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0314 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 19.3 SUBJECT/RECOMMENDATION: National Library Week Proclamation - April 3 - 9, 2022 - Jennifer Obermaier Library Director SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/31/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0323 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 19.4 SUBJECT/RECOMMENDATION: Education and Sharing Day 2022 Proclamation - Rabbi Levi Hodakov, Director Chabad of Clearwater SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/31/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0325 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 19.5 SUBJECT/RECOMMENDATION: National Donate Life Month, April 2022 - Erika Flores, Public Affairs Coordinator SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/31/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0268 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 19.6 SUBJECT/RECOMMENDATION: Arbor Day Proclamation - Jim Halios, Parks and Recreation Director SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/31/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0324 Agenda Date: 4/4/2022 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 19.7 SUBJECT/RECOMMENDATION: Forward Pinellas Update Presentation - Chair Cookie Kennedy and Executive Director Whit Blanton SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 3/31/2022 Local Updates Whit Blanton, FAICP Executive Director, Forward Pinellas 1 Joann “Cookie” Kennedy Mayor of Indian Rocks Beach & Forward Pinellas Chair 2 Who We Are Policy-making and planning agency consisting of Pinellas Planning Council and Pinellas County Metropolitan Planning Organization Guides integrated transportation and land use solutions that together create connections and vibrant communities 3 A Vision for the County – Advantage Pinellas Improving Traffic Flow and Congestion Creating Trail Networks and Safer Streets Enhancing Transit Connections Recognize our unique context and guide future development and needed transportation investments accordingly Connect people to jobs and housing that’s affordable Strengthen existing communities and prepare for change Commit to shared actions and shared outcomes Over the next 25 years, we expect to add 93,000 people countywide – that is almost the size of Clearwater's population, the third largest city in the region. COMMUNITY, ENVIRONMENT, OPPORTUNITY Strategic Initiatives in Place 4 Strategic Planning & Operations Topics TEILS Update 5 Creating a complete community means having a balance of living wage jobs, attainable housing, and good transportation options The Target Employment & Industrial Land Study identifies how to attract future businesses, maintain current businesses, and provide for a growing workforce Staff will be reaching out to businesses and stakeholders throughout the project The TEILS Update will be completed by the end of 2022 Investment Corridor Transition Plan 6 The Advantage Pinellas framework Alternate US 19 (SR 595) From downtown Clearwater to 58th Street North at 5th Avenue North, and 58th Street North from 5th Avenue North to Central Avenue Redevelopment and economic opportunity strategy Enhanced transit service Multimodal transportation options Linking jobs, education, and housing Complete by early 2023 Waterborne Transportation 7 Key economic driver Resident and tourist mobility Contributes to congestion reduction Local and Regional Connectivity Integrated Transportation Network System Plan Restart Plan . Phased Plan Waterborne Transportation Committee Adopts LRTP2045 Waterborne Section Major Transportation Projects 8 Gateway Expressway: 2023 completion Howard Frankland Bridge and Westshore Interchange: construction underway US 19, Main to Curlew: 3-year construction starting in 2022 North Gap Pinellas Trail: 2022 completion SunRunner: Opening in 2022 Check out our Interactive Transportation Improvement Program (TIP) to see all funded and partially funded projects in Pinellas County: ForwardPinellas.org/TIPmap Other Upcoming Projects in Clearwater 9 TBARTA US 19 regional rapid transit study: currently underway Duke Energy Trail overpass at Gulf to Bay: alignment study underway US 19 resurfacing from Drew St. to Sunset Point Rd. including safety and access improvements to frontage roads: 2024 completion Courtney Campbell Causeway Trail Overpass: 2024 completion Harn Blvd overpass at US 19: construction underway 2010-2020 Growth Areas Within Pinellas County. Darker Purple Areas Experienced the Greatest Overall Population Growth. Annual List of Priorities 10 Every May, the board adopts project priorities to inform the new FDOT work program Call for Projects opens each June for Multimodal, Transportation Alternatives and Complete Streets Grant Programs The goal is to create mobility and safe access for all users regardless of mode of transportation, age or physical ability FDOT programs award recipients in the 5-year work program Sunset Point Trail Crossings Study 11 Motorists weren’t stopping at Sunset Point Rd. and Pinellas County Trail crossings County identified substandard signage and markings Study took a before and after snapshot of driver compliance Analyzation of the changes after appropriate signage was installed is currently underway Safe Streets Pinellas 12 A Vision Zero Program 165 people lost their lives in 2021 on our roadways The board adopted Safety Targets of 20% reduction in fatal crashes in the next 2 years and zero deaths on our roadways by 2045 We’re working on speed management pilot program and other safety strategies through transportation improvement program Equity Assessment Forward Pinellas Board Adopted the Equity Action Plan: ForwardPinellas.org/equity A strategic plan to ensure our work is inclusive and results in equitable outcomes for the entire community Remove barriers to political voice Collaborate with local organizations Increase access to opportunity Strengthen awareness and accountability 13 of High Injury Network and Hot Spots are in the Equity Emphasis Area 70% Bipartisan Infrastructure Law 14 $1.2 trillion federal investment plan over five years for transportation, energy, water and communications infrastructure Formula funds and competitive grants available Developing priorities to pursue competitive funding Local match and maintenance commitment 15 Whit Blanton, FAICP wblanton@forwardpinellas.org Thank You! Local Updates Whit Blanton, FAICP Executive Director, Forward Pinellas 16 Joann “Cookie” Kennedy Mayor of Indian Rocks Beach & Forward Pinellas Chair